POLICE REGULATIONS, BENGAL. PART 15

  1. (a) Both District and Railway Police shall communicate to each other the occurrence of crime and the movements of bad characters, and particularly of any wandering gang or gangs of coolies working on the line who are suspected to contain amongst their members men of criminal proclivities.

(b) The Railway Police shall make the local Superintendent acquainted with any occurrence on the line that may in any way affect the peace of his district, or have any bearing on the prevention or detection of crime.

  • Each day the Railway Police Inspector shall send extracts relating to cognizable crime from his daily report to the Superintendents of I the districts concerned.
  • Similarly, information of matters, such as crime committed outside railway limits, traced by the District Police to within railway limits, shall be forwarded 1w the Superintendent to the Superintendent of the Railway Police.
  1. Railway Police officers will invariably ask for the co-operation of the District Police in the following cases:—
  • when a serious theft has occurred from a goods wagon or shed;
  • when a series of thefts has occurred, or is occurring from goods wagons or sheds, of property entrusted to the rail- way as carrier, or of railway material, carriage fixings, etc., from station yards and carriages.
  1. In cases of crimes committed within railway limits, which it may be necessary to follow up within the jurisdiction of District Police, the Railway Police shall take any legal steps that may be necessary outside railway limits, but at the same time shall give immediate information to the District Police, who shall be bound to co-operate to the utmost of their power reporting their proceedings to the Superintendent. Mutatis nzutandis, the same course shall be followed when crimes committed outside are traced to within railway limits.
  2. The District Police shall give immediate information, to the Railway Police of property found or offenders arrested by thenrin Cases committed with the jurisdiction of the Railway Police, and hand over such property and offenders to the Railway Police. Similarly the Raitway Police shall give immediate information of arists in district cases and hand over property and offenders to the District Police. In serious cases the District Pblice shall take up the investigation until the arrival of the Railway Police, when the case shall be made over to’ them.
  3. The Superintendent of Railway Police shall send the rolls of abaconders in railway police cases to the Superintendent of the district in which the absconder lives or has relations or associates. The Superintendent tendent shall have the particulars entered in his register in accordance with the rules.
  4. (a) The Superintendeut of Railway Police shall not pass orders for the surveillance of any person residing- outside Bengal with out previous consultation with the Superintendent of the district in which the person ordinarily resides. The district Superintendent shall not remove from surveillance any person concerned in a railway. police case without the consent of the Superintendent of Railway Police.
  • The surveillance of bad characters as laid down in Chapter VI shall remain with the District Police. The watching of bad characters arriving and departin,g by train and generally within railway limits, however, is a matter for co-operation between the District and the Railway Police. Officers in charge of district police-stations may when necessary depute constables in plain clothes ‘to the ‘railwtiy stations for this purpose. Only constables well acquainted’ with the bad- characters of the district shall be deputed. They shall always carry their appointment certificates to denote -their -identity.
  1. In order to be acquainted with their appearance. Railway Police officers shall pay domiciliary visits to such railway criminals as live- within easy distance of the railway or such other criminals as are selected by the District Police officers for watch by the Railway Police. For this purpose Railway Police officers may accompany the Sub-Inspector of the District Police when he pays domiciliary visits to such criminals.
  2. A list of itinerant railway criminals, viz., those who are known or suspected to be committing crime at different places in the Railway district, shall be maintained and kept up to date in the office of the Superintendent, Railway Police. Extracts from the list shall be sent to railway police-stations where such criminals are likely to commit -crime. The list shall contain the residence add pers6nal description of the criminal and the cases in which he has been convicted or suspected, and shall be maintained according to the individuals chief rondos operandi, both in the office of the Superintendent and the police-station. If the criminal lives within ‘railway limits, the staff ‘of the railway police-station shall be responsible for his surveillance, In other cases this duty shall fall upon the stall of the district police-station in which he resides, but domiciliary visits should be made in the day time not less frequently than once a quarter by the officers of the railway police-station with some of ‘their constables ‘for ‘the purpose of ‘acquainting themselves with the appearance and habits of the criminal.
  3. The Superintendent bf Railway Police may, in consultation with the Superintendent of the district in which a railway criminal ordinarily resides, order the opening of a’ history sheet in B. P. Form No. 81 if he considers that the criminal requires special attention. The history sheet shall be prepared and maintained by the officer in charge of the district police station and its number communicated to the Railway Police officer’ concerned’ who ‘will keep a note of it in the list ‘mentioned in the previous regulation, or in a supplementary list- of history sheet men Important information regarding the’ bad character, such as absence from home, conviction, etc., shall be communicated by the district police-station officer for entry ‘in the list.

In the case of homeless persons such history sheets, whenever necessary, shall be opened and maintained by the officer in charge of the railway police-station where the suspect chiefly operates.

  1. (a) Railway Police constables shall be deputed in turn to the neighbouring district police- stations and the Sub-Inspectors in charge shall take steps to -familiarise them with the personal appearance of railway ‘criminals or such other bad characters as make frequent use of the railway for committing crime. The officer in charge of the district police-station ‘shall arrange’ to “replace the ‘Railway constables so deputed by some of his constables, if so required by the Railway Police officer.
  • When the District Police has under observation a wandering or other gang which may use the railway for ‘eluding ‘Vigilance, the officer in charge shall inform the officer in charge of the nearest railway police-station and the latter will depute Railway constables’ to ‘know the chief

members of the gang, the places of these constrains ‘being filled temporarily by constables from the district police-station,’ ‘if ‘necessary.

  1. Minute books shall be maintained at each railway police-station containing requests and suggestions received from the District Police with action taken thereon. The books shall be frequently examined by inspecting officers to ensure that proper action is taken. (See regulation 387.)

IV.—RATLWAY POLICE-STATIONS AND INVESTIGATION AND PROSECUTION OP CASES.

  1. (a) The jurisdiction of a railway police-station shall ordinarily be a section of line varying in length with local circumstances, but never greatly exceeding 100 miles.

(b) The railway police-station building, when possible, shall be on the platform. A sign­board shall be fixed in a conspicuous place outside, and there shall be a notice-board also on which all proclamations and notices by the police shall be pasted.

  1. In exercise of the powers conferred by sub-section (3) of section 2 of the Police Act, 1888 (III of 1888), the Central Government has authorised every Circle Inspector and station Sub-Inspector of the Special of the Special Police district constituted by the notification of the Government of India in the Home Department No. F. 106/28-1/36 Police, dated the 1st April 1937, to exercise the powers of an of officer in charge of a district police-station, throughout the local limits of any police-station in the province of Bihar, where any portion of such limits is traversed by the section of the railway line over which he police shall has authority.
  2. All cognizable crime committed within railway limits shall be registered and investigated by the Railway Police. It is not to necessary to wait for the complaint of a railway official, except in cases under section 101 of the Indian Railways Act, 1890. (See regulation
  3. In cognizable offences under the Indian Railways Act, 1890, the station-master or other responsible officer of the company will ordinarily be the informant under section 154 of the Code of Criminal Procedure. Should the occurrence of a cognizable offence come to the notice of a police officer, and the responsible railway official decline to lay information in ordinary cases, the police shall submit a first information report and delay enquiry pending orders of the Magistrate under section 157 of the Code of Criminal Procedure. In urgent and serious cases the police shall proceed with the enquiry even though no information be laid.
  4. No prosecution for an offence under section 101 of the Indian Railways Act, 1890, shall be instituted by a police officer without the sanction of the Superintendent of the Railway Police concerned, which shall be communicated immediately it is accorded to the Agent or the Manager of the Railway.
  5. Persons arrested under section 132 of the Indian Railways Act, 1890, for failure or refusal to pay the excess charge or other sum demanded under section 113 of that Act can only be sent up in custody if they are unable to give bail or if their true name and address are not ascertained. Section 113 does not apply to cases of fraudulent intention which are covered by section 112.
  6. The police shall, when requested in writing by a railway officer duly authorised by the Agent or the Manager, take charge of persons arrested by railway servants under section 132 (1) of the Indian Railways Act, 1890, and forward them in custody to the Magistrate or release them on bail or personal recognizance. They shall also when necessary conduct the prosecution of such cases in court.

Note.—(i) The written request of the railway officer must contain sufficient material to justify the action of the police officer in taking charge of the accused person, and should ordinarily be in the form of a charge-sheet specifying the alleged offence and the names of the witnesses. In the case of a person travelling without a ticket it should be made clear that there is reason to believe that he has refused on demand to give his and/or addiless, or the name and address given by him are Incorrect.

  • Except where a Magistrate has ordered an enquiry under section 155(2) of the Code of Criminal Procedure, it is the duty, of the railway authorities and not of the police to enquire into the truth of the charge for which a person is arrested under section 132, of the Indian Railways Act, 1890, by a railway official and made over to the police.
  • In case not covered by the above rule it is open to the police to use the powers of arrest conferred on them by section 132 of the Indian Railways Act, 1890.
  1. (a) The servants of the railway administration being liable to arrest for breaches of the law like any other members of the community, it is the duty of the officers of the administration immediately to relieve from duty any man whose presence is required by the police to answer to a criminal charge. In such cases notice of arrest shall be given at once by the police to the local head of that department to which the person arrested belongs. If in any case the duty on which the person to be arrested happens to be engaged is such that his immediate arrest would cause risk and inconvenience (e.g., if he were driving a train and no other driver were at hand, or if he were a station-master), the police shall make all arrangements necessary to prevent escape and apply to the proper quarter to have the accused relieved, deferring arrest until he is relieved.

(b) The necessity for providing substitutes where servants of the railway been administration have required to sign recognizances to appear before a Magistrate renders it necessary that the police shall immediately advise the local head of the department to which the person required to appear may belong, whenever such occasion arises, and shall take care that time is allowed for their relief to be effected.

  1. (a) The exercise by the Railway Police of the power of arrest without warrant, given them hi section 131 of the Indian Railways Act, 1890, for offences under section 101 of the same Act, is discretionary. It should be exercised only in extreme cases as for instance, when—
  • there has been loss of life or serious injury to person; or
  • a person is caught in the commission of a grave offence; and
  • the accused is likely to abscond or to continue to endanger the safety of the public.

When arrest is made without warrant, immediate intimation of such arrest must be given to the head of the railway employees department. Under ordinary circumstances, no immediate arrest is necessary, and application should be made for a warrant in the usual manner.

(b) When the arrest of railway servants for offences under section 101 of the Indian Railways Act, 1890, is effected by warrant, in the absence of any direction to the country under section 77 of the Code of Criminal Procedure, the warrant should be executed by a police officer of rank superior to that of an Assistant Sub-inspector.

  1. (a) The term “missing goods” is applied to any property entrusted to a Railway company for conveyance, regarding which information of short delivery or non-delivery is given by the consignor or consignee or by the Railway.
  • The following “missing goods” cases are classified as cognizable —
  • Cases in which, though wagons arrived with seals intact, the packages or coverings of packages have obviously been cut or tampered with.
  • Short receipt of goods from wagons arriving with seals missing, damaged or deficient or with top fasteners or ventilators open.
  • Goods missing from wagons with seals replaced by bazar locks.
  • Abstraction of goods by boring into bottoms of wagons or trucks.
  • Cases in which articles, or goods have been abstracted from booked luggage or parcels.
  • Goods missing from station premises or goods sheds.

In order to trace easily, such cases shall be distinguished by writing the letters “M.G.” in red ink in column 3 of the Khatian (B. P. Form No. 69) and the Village Crime Note Book (B. P. Form No. 78).

  • Enquiry will commence at the station at which the defect or shortage is discovered or reported. If it transpires that the offence occurred in the jurisdiction of some other police-station, the investigating officer may, with the approval of his inspector, transfer the ‘case, together with all papers, to that police-station and send intimation of such transfer to the Magistrate having, jurisdiction over his police-station.
  1. Whenever cattle are found trespassing on any railway provided with fences suitable for the exclusion of such cattle, the Railway Police, or any servant of -the railway, may take or – send such cattle to the nearest police-station, district or railway, and give information to the officer in charge of such station by -a written memorandum containing the following particulars:—
  • the description and number of The cattle seized;
  • the – date, hour and place of seizure;
  • the name- of the person ordering or making the seizure;
  • the names of the persons who witnessed the trespass.

The officer in charge of the station shall send such cattle to the nearest pound and report the case for the orders of the Magistrate (vide section 125 of the Indian Railways Act, 1890).

  1. (a) Officers of railway police-stations shall deal promptly with passengers who give any information so that they may, if possible, continue their journey in the same train. It may in certain circumstances be advisable for the police officer to board the train and travel for some distance with the informant, rather than detain him.
  • The ticket of a passenger detained for the purposes of a police enquiry or to give evidence in court can be made available by a subsequent train or steamer, as the case may be.
  • The police officer detaining the passenger should promptly report the matter to the station-master and also explain to him the reason for detention, whereupon the station-master will make necessary entries on the back of the ticket. When the passenger is no longer required, the Sub-Inspector in charge of the police-station having jurisdiction over the railway station or any other police officer (not below the rank of Sub-Inspector) shall issue to the detained passenger for submission to the station-master concerned, a certificate in B. P. Form No. 129 with a request to allow him to proceed on his journey with his original ticket. The counterfoils of the certificate should be kept open for inspection by the officers of the Railway Traffic Department.
  1. (a) Bills on account of the travelling expenses and diet for of prisoners in police custody and the cost of conveyance of stolen property and other articles shall be submitted monthly by station officers to the Superintendent of Railway Police for counter-signature. After countersignature, the Superintendent shall return them to the station officer who will send them for payment direct to the Magistrate within whose jurisdiction the railway police-station is situated.

(b) When it is necessary for persons made over to the Railway Police under section 132 of the Indian Railways Act, 1890, read with section 113 of that Act to be sent up to the Magistrate’s court and the question of diet charges arises through their detention in custody, such charges should be met by the Magistrate, the above procedure for the submission of the bills being followed.

  1. Notifications defining the jurisdiction of Magistrates to whom reports should be made in cases of railway accident and criminal cases occurring on railway lines are published in theCalcutta Gazette from time to time and reproduced in the Police Gazette. The officers concerned shall note them carefully and keep them in a permanent guard file for guidance.
  1. (a) Police reports in railway accident cases, as well as other police papers connected with railways, shall, be submitted to the Magistrate through the Court officer and not direct.
  • In the Howrah and Sealdah courts the Railway Police court staff shall conduct the prosecution of railway police cases. In other courts the procedure detailed below shall be followed:—
  • The District Police staff shall be primarily responsible for the prosecution of railway police cases. When a railway Police case comes into court, the District Police Court officer shall place the case properly before the Magistrate, and see that the defendants and witnesses are present and the papers of the case are in proper order.
  • In cases under the Indian Railways Act, 1890, the management of the person to conduct the prosecution and where this is done, the responsibility of the District Police ceases. In cases where a technical knowledge of the working of the rai1v~iay is required, a special railway prosecuting officer, if available, shall be deputed by the Superintendent of Railway Police, to assist the district prosecuting staff or to conduct the prosecution.
  • The District Police Court officer shall be furnished with charge-sheets, briefs and case diaries.
  • Intimation of the result of trials and of appeals in all railway police cases shall be communicated by the Court officer direct to the Inspector of the circle from which the cases have been sent up.
  • Relevant extracts from Court officers daily undertrial reports in respect of railway police cases shall be submitted direct to the Superintendent of the Railway Police concerned in B. P. Form No. 101.
  1. (a) It has been arranged with the railway authorities that when any consignment of arms, ammunition, military stores or explosives of any kind is received for despatch, the station-master of the despatching station shall telegraph to the receiving station-master, who should immediately advise the consignee to be prepared to take delivery and also inform the officer in charge of the local railway police-station, if there is any, of the arrival of the consignment. The consignment shall be weighed and checked by the station-master with the particulars given in the way-bill as well as with the license in the presence of the officer in charge (where there is a local railway police-station) or any other officer deputed by him. If any discrepancy is found or suspected by the station-master or the outward c6ndition of the parcel shows signs of having been tampered with, the station-master will withhold delivery and immediately inform the officer in charge of the nearest railway police-station, as well as that of the nearest district police-station if he is more readily available, and the consignment will be opened in the presence of the officer in charge who arrives first. A report by telegram should at the same time be sent by the station- master to the Superintendent of Railway Police.
  • Whenever the officer in Charge of a police-station receives information of any discrepancy being found or suspected In any consignment of arms, ammunition, military stores or explosives, he shall at once proceed to the station concerned, check the contents of the consignment and start enquiry, if necessary.
  • If any consignment fails to reach the station of destination within a reasonable period from the date of booking, the station-master of the station to which such consignment is booked shall report the fact by telegram to the Superintendent of Railway Police and the officer in charge of the railway police-station and enquiries shall be made with all 1 possible speed, by telegram, if necessary, to trace out the consignment.
  • The following rule shall be observed in respect of such consignments booked to (or from) any of the services of the India General Navigation Company, Limited, and the River Steam Navigation Company, Limited:—

On the arrival of the consignment the local agent or sub-agent of the company concerned shall send a special notice to the consignee immediately advising him to arrange with the police to take delivery. A copy of this advice shall, in every case, be sent to the officer in charge if the local police-station who shall come and check the consignment and allow delivery to be made, if it is found in order. Where there is no police-station within 3 miles of the steamer station, however, the consignment shall be checked by the steamer agent or sub-agent, and if any discrepancy is found or suspected he shall withhold delivery and immediately inform the officer in charge of the local police-station, or the railway police-station, if nearer.

V—ACCIDENTS.

  1. The Superintendent of Railway Police is primarily entrusted with the duty of investigation in cases of accident. When a District Police officer in charge of a station receives a report of an accident, he should proceed to the spot, make a preliminary enquiry and see that no persons abscond. On the arrival of the Railway Police, he should leave the case in their hands. Accidents on Railways for which no Railway Police are sanctioned will be investigated by the officers of the District Police having jurisdiction.

NOTE.—The- rules framed under section 84 ot7 the’ Indian Railways Act, 1890, regarding notices of and enquiries into accidents will be found in Appendix XXIX.

  1. The bodies of persons killed in an accident may be sent, after the inquest, for post mortem examination to the nearest medical officer empowered to hold such examination after which the bodies may be delivered to the relatives or friends of the deceased. Persons injured may be sent for treatment to the same medical officer or to a

railway medical officer whichever is more convenient.

The police cannot compel a person to go to a medical officer for treatment; but if be is required as a witness, they may proceed under section 171 of the Code of Criminal Procedure (i.e., he may be made to execute a bond to appear).

VI—REGISTERS AND RECORDS, REPORTS AND. RETURNS.

  1. The first information report shall be sent to the Court of the Magistrate having jurisdiction and a copy of it to the Superintendent of Railway Police. All serious crimes shall also be to these officers as well as to the District reported by telegram Magistrate having jurisdiction.
  2. The Superintendent of Railway Police shall submit special reports in cases mentioned in Appendix XV, in. accordance with the instructions laid down therein.
  3. (a) Officers in charge of railway police-stations shall send Intimation of the. following occurrences by telegrams with a view to ensuring prompt dissemination of intelligence, regarding crime and criminals operating on railways and to securing better co-operation between the different sections of the Railway Police:—

Class of case.

  • Serious thefts, robberies, and dacoities on running. passenger
  • Escapes from police custody.
  • Drugging and swindling (cases in which professional criminals are concerned).
  • Important captures- by the Railway Police of members of known criminal tribes.

To be reported to-

To the Circle Inspector, Railway Police.

To the Railway Police at all junction stations on the home line.

To all Superintendents of Railway Police in Bengal.

To Assistant to the Deputy Inspector General, Criminal Investigation To Special Assistant to the Deputy Inspector-General, Intelligence Which revolutionary activity is suspected or apparent.)

To the Circle Inspector, Railway Police.

To the Railway Police at all junction stations on the home line.

To all Superintendents of Railway Police in Bengal.

To Assistant to the Deputy Inspector

General, Criminal Investigation Department.

To all Superintendents of Railway Police in Bengal.

To Assistant to the Deputy Inspector- General, Criminal Investigation Department.

  • Brief details of any person or class suspected should always be given; but care must be taken- to make each telegram as concise as possible.
  • A post copy of the telegram should on the same date be forwarded by the officer in. charge of- the police-station to the- Superintendent with a covering letter giving full details of the occurrence.
  • Superintendents of Railway Police, on receipt of these wires, should use their own discreation as regards repeating the telegrams to the police-stations on their respective lines.

NOTE.—It must be clearly understood that these orders relate to the Railway Po]ice only The District Police are not entitled to use the railway telegraph system free of cost and all officers of the Railway Police must also understand that the use of telegrams free of cost is restricted to ca~ in which either the Railway Company or their passengers are concerned.

  1. (a) The result of every police investigation into the cases mentioned in paragraph 28 of

Appendix XXIX, shall be reported in B.P. Form No. 130, to the Magistrate having jurisdiction, to the Agent or Manager of the Railway and to the Government Inspector.

  • Reports shall be made in the same form to the Range Deputy 1861.] Inspector-General and the District Magistrate in the following cases:—
  • collisions between trains;
  • derailment, or attempted derailment of train by obstruction placed on the. permanent way or otherwise;
  • serious accidents, i.e., in which lives are lost, or many persons injured, or in which much damage is done to the permanent way or rolling-stock and traffic is suspended for a Considerable time.
  • Copies of first reports only in all serious cases mentioned in (ii) shall be submitted in duplicate by the Superintendent of Railway Police direct to the Inspector-General
  1. (a) The Railway Police shall maintain a Village Crime Note-Book in the same form as used by the District Police. Ordinarily each railway station together with the portion of the line between its own down distant signal and the down distant signal of the next station up the line shall form one union. In the case of stations with very large sheds and yards (to be specified by the Superintendent), the sheds and yards may be treated as separate unions,
  • In Part I shall be entered cases of theft, house-breaking, robbery, dacoity, murder, drugging, swindling and cases under sections 126 to 129 of the Indian Railways Act, 1890, including attempts to commit the same. Localised crime shall be entered in black ink and unlocalised crime in red.

In Part II shall be entered the names of persons convicted of offences specified in regulation 394 who reside permanently within the jurisdiction of the union or have no fixed place of residence and are convicted of any such offence occurring in the union.

Part Ill shall besides ether matters as laid down in regulations 391 and 400 contain entries about important railway criminals or gangs of such criminals residing in the district union or town through which the railway line covered by the railway union passes, as well as cases of railway obstruction and important accidents or any other matter of interest in connection with railway or railway crime. Reference shall also be made to cases occurring outside railway limits in which railway servants or labourers are concerned or suspected.

  • The other regulations relating to the Village Crime Note Book as laid down for the District Police shall apply mutalis mutandis to the Railway Police.
  1. A list of periodical reports and returns due to and from the different offices is given in Appendix XII.
  2. A list of registers and files to be maintained in the different offices is given in Appendix XIII.