POLICE REGULATIONS, BENGAL. PART 3

VI—CASE DARIES.

  1. (a) Only the following police officers may see case diaries:—

the investigating officer;

the officer in-charge of the police-station:

  • any police officer superior to such officer in-charge;
  • the Court officer;
  • the officer or clerk in the Superintendent’s office specially authorised to deal with such diaries; and
  • any other officer authorised by the Superintendent.
  • The Superintendent may authorise any person other than a police officer to see a case diary.
  • Every police officer is responsible for the safe custody of any case diary which is in his possession.
  • Every case diary shall be treated as confidential until the final disposal of the case, including the appeal, if any, or until the expiry of the appeal period.
  • A case diary shall be kept under lock and key, and, when sent by one officer to another, whether by post or otherwise, shall be sent in a closed cover directed to the addressee by name and superscribed “Case diary”. A case diary sent to the Court office shall be addressed to the senior Court officer by name.
  • A cover containing a case diary shall be opened only by the officer to whom it is addressed, except as prescribed in clauses (g) and (h) if such officer is absent, the date of receipt shall be stamped upon the cover by the officer left in charge during his absence and the cover shall be kept till his return or forwarded to him.
  • Covers containing case diaries received in the Superintendent’s office shall be opened as prescribed in regulation 1073, and made over directly to the officer or clerk specially authorised to deal with case diaries. Such officer or clerk shall take action under clause

(i) and personally place the diaries before the Superintendent or other officer dealing with the case.

(ii) Covers containing case diaries received in the Court office may be opened by any officer specially authorised in writing by the Court officer or by a superior officer.

  • When an officer opens a cover containing a case diary, he shall stamp or write on the diary the date, if any, which has been stamped on the cover under clause (f) or, if there is no such date on the cover, the date on which he received it, and shall, after perusing the diary, file it with any other diaries relating to the same case which are in his possession.

A Circle Inspector and a Court officer shall stamp or write such date on every page of the diary and on every enclosure received with it, such as statements recorded under section 161, Code of Criminal Procedure, maps and the brief.

(j)  Every Investigating Officer shall be provided with a deed box, and every Circle Inspector, Sub-divisional Police Officer and Court officer with a suitable receptacle, in which to keep case diaries under lock and key.

  1. (a) The Police Gazette and the Criminal intelligence Gazette are issued each week to all offices shown in the distribution list which is compiled in the office of the Inspector-General.

Complaints about non-delivery of any issue should be addressed to the Officer in-charge, Publication Branch, Bengal Government Press, Alipore, Calcutta, ally such complaint from an office under the control of a Superintendent should be sent to the Superintendent in the first instance.

  • All police officers are expected to acquaint themselves with any matters concerning them that may appear in these gazettes. Every officer who receives a gazette should therefore be carefol to communicate to such of his subordinates as are unable to read it those matters that concern them; and inspecting officers shall test their subordinates in their knowledge of such matters.
  • Superintendents are required to instruct their subordinates how to make an intelligent use of the Criminal Intelligence Gazette. It should be impressed upon all officers that they must not confine their interest to items concerning their own police-station, subdivision or district; and they should be encouraged to sent to their Superintendents for communication to the Criminal Investigation Department any information they may acquire on any subject mentioned in the gazette.
  • The Police Gazette is intended for official use only but a police officer may subscribe for copies for his own use; applications should be made to the office of the Inspector-General from which the rates of subscription can be ascertained.
  • The Criminal Intelligence Gazette is a confidential document and is not for sale.
  1. The following matters shall be published in the Police Gazette:— Part I.—(i) Orders by the Governor of Bengal.
  • Extracts from the Calcutta Gazette, the Gazette of India and the official Gazettes of other provinces excluding items published in Part V.

Part ll.—(i) Arrival and departure notices of officers of the Indian Police and Bengal Police Service and officiating Deputy Superintendents.

  • Orders of the inspector-General and Deputy Inspector-Generals and district orders relating to officers of and above the rank of Sub- Inspector.
  • The chain of acting arrangements in the cadre of Deputy Superintendents (published once a month).
  • Statements of extraordinary and compassionate pensions and gratuities sanctioned (published once a quarter).
  • Changes in the allotment and strength of the force.
  • Results of the departmental examinations of officers of the subordinate ranks and of the examination of clerks in accounts and office procedure.

Part 111.—All awards to officers of and above the rank of Sub- Inspector with brief particulars of the reason in each case of—

  • money rewards or rewards in kind in lieu of cash;
  • commendations and good service marks awarded by the Inspector-General or Deputy Inspector-Generals.

Part IV.—Miscellaneous notices and extracts from the Puce Gazettes of other provinces.

Part V.—Notifications regarding the forfeiture and proscription of various publications under different Acts.

Part VL—Government Orders (other than those published in Part I) and Police Orders.

  1. (a) All matters to be published in the police Gazette shall be included in the weekly return due in accordance with Appendix XII.
  • The following detailed instructions for the compilation of these returns shall be strictly followed by all concerned:—
  1. —General instructions.
  • Each return, headed with the name of the district and the words ‘For insertion in the Police Gazette’shall be forwarded to the Inspector- General, without any covering letter.
  • Each return shall contain all items for publication which have occurred in the week to which it relates. If there is nothing to report, a blank return shall be forwarded.
  • The returns shall be typed on one side only of each sheet of paper.
  • The rank and full name of every officer shall be given. Names shall be spelt in accordance with Appendix IX.
  • The returns shall be accurately worded, in strict conformity with similar notifications previously published.
  • Each return shall be edited by a gazetted officer before despatch.

II.—Instructions regarding matter for publication in Part II.

  • District orders shall be grouped under the headings “PromoLions and confirmations”, “Leave”, “Reductions and reversions” and “Transfers and casualties”.
  • District orders relating to officers of and above the rank of Sub-Inspector only shall be included. Those relating to other ranks officiating as Sub-Inspectors shall be excluded.
  • All orders regarding appointments and promotions shall be accompanied by complete information regarding the chain of arrangements, with dates, and shall indicate The vacancies (permanent or officiating) against which they are made.
  • Order relating to casual leave shall be excluded.
  • Orders granting leave or an extension of leave shall be included; in the latter case, the number and date of the paragraph in the Police Gazette notifying the original grant or the last extension shall be quoted.
  • Orders regarding the return from leave of subordinate police officers shall be excluded, unless any portion of the leave previously gazetted is cancelled or an extension is granted to cover a short period overstayed.
  • Orders relating to the permanent appointment, promotion, leave and reversion of clerks of the Superintendets’ office borne on the Range cadre shall be included.

(viii) The numbers and dates of all district orders shall always be quoted.

  • (a) The following matters shall be published in the main body of the Criminal Intelligence Gazette:—

Part I. —A statement of all new cases of dacoity specially reported in the week ending on the Saturday preceding publication.

Part II. — Notices regarding identifiable property lost and stolen and seized on suspicion by the police.

Part III. —Notices regarding the loss and recovery of arms and ammunition.

Part IV. —Notices regarding—

  • absconders and notorious criminals lost sight or wanted by the police, who are believed to have left their home districts. Such notices shall specify, (I) the names and address of the principal relatives and associates of the absconding persons, (2) the places of their probable resort and (3) the grounds that will render their arrest legal, if traced;
  • suspicious individuals arrested by the police, who may be wanted elsewhere.

Part V.—Notices regarding suspicious Europeans and loafers other than those whose activities come within the control of the Intelligence Branch.

Part VI.—Notices regarding foreigners, strangers, preachers and mendicants, other than those whose activities come within the control of the Intelligence Branch.

Part VII.—A statement of wandering gangs.

Part VIII.—Persons dealt with under the Goondas Act, 1923 (Bengal Act I of 1923).

Part IX.—Suspicions and cancellations of motor driving licences.

Part X. —

Miscellaneous notices.

Notices regarding deserters.

Notices regarding missing persons.

Departmental notices and instructions.

Brief accounts of clever detections and other good work, and of interesting cases.

Part XI.—(a) Important rulings in criminal cases.

  • Special and illustrated supplements shall be published with the gazette, as required. These shall contain photographs of prisoners, swindlers and other criminals. Separate special supplements shall be published for—
  • histories of gang cases and of criminal gangs.
  • all matters appertaining to the administration of the Criminal Tribes Act, 1924.
  • An Excise Supplement compiled by the Excise Department and containing information on excise matters, shall also be published fwm time to time with the gazette.
  • Extracts from the police and Criminal Interiligence Gazettes of other Police forces shall be published in Parts II to VI inclusive, X and Xl, as appropriate.
  1. (a) All matters to be published in the Criminal Intelligence Gazette shall be included in the weekly return due in accordance with Appendix XII. No return shall be forwarded when there are no items for publication.
  • Each return shall be headed with the name of the district, followed by the words “For insertion in the Criminal Intelligence Gazette “, and shall be typed on one side only of each sheet of paper.
  • The return shall, if necessary, be compiled in two portions of which one shall contain matter for insertion in Part Ill and the other all other matter. The latter portion shall be forwarded to the Assistant to the Deputy Inspector-General, Criminal Investigation Department, and the former to the Special Assistant, Intelligence Branch. No covering letter shall accompany either portion.
  • The following detailed instructions for the compilaton of these returns shall be strictly followed: —
  • No statement for Part I shall be prepared.
  • Notices of lost and stolen property for Part II shall be included only if the property is believed to have left the district.
  • Part LII shall be compiled in accordance with the issued by the intelligence Branch.
  • The statement of wandering gangs shall be compiled in B. P. Form. 87 and attached to the return.
  • The returns shall be accurately worded, in strict conformity with similar notifications previously published.
  • Personal descriptions shall, whenever possible, be given in the hum shown in Appendix X.
  • Each return shall be edited by a gazetted officer before dispatch.
  1. (a) The Police and Criminal Intelligence Gazettes shall, after all action laid down in regulation 69 has been taken, be filed in the following manner: —
  • Parts ito V inclusive of the Police Gazette shall be kept together and filed in half-yearly bundles maintained in proper chronological order. Each half-yearly bundle, when complete with its printed index, shall be bound or securely sewn.
  • Government orders and Police orders published in Part VI of the Police Gazette shall be separated into yearly tiles, Government orders being kept in one file and Police orders in another. A manuscript index for each file shall be kept until the printed index is received, when the orders in each file, with their respective index shall be bound or securely sewn together.
  • Parts Ito X inclusive of the Criminal Intelligence Gazette shall be kept together and treated as in (i) above.
  • Parts XI of the Criminal Intelligence Gazette and the special, illustrated, Criminal Tribes Act and Excise supplements shall be separated into five half-yearly files. The contents of the file of the Criminal Tribes Act supplements shall be bound or securely sewn together as soon as the half-year is complete, and the contents of each of the other files shall similarly be bound or sewn, as soon as the printed index is received.

(b) These instructions apply to all offices, stations and posts to which the gazette are issued.

VIII-CONF1DENTIAL REPORTS.

  1. (a) Early in January the Superintendent shall submit to the Deputy inspector-General a confidential report in B. P. Form No. I on each Additional, Assistant or Deputy Superintendent who has served under him during all or part of the previous year.

(b) The Deputy Inspector-General shall forward to the inspector General, (i) these reports with his remarks; and (ii) a similar report on each officer who has served as a Superintendent under him during all or part of the previous year, after embodying in them the remarks made by the District Magistrate and the Divisional Commissioner under regulation 75A.

75A. Early in January the District Magistrate shall submit to the Divisional Commissioner his general remarks on the work of each Superintendent or Additional, Assistant or Deputy Superintendent who has served in the district (luring all or part of the previous year. He shall pay attention to the point mentioned in the prescribed form, and shall in particular give his opinion on the offices general efficiency and his relation with the public. The Divisional Commissioner shall add his own remarks and ti3rward the reports to the Deputy Inspector General of the Range.

  1. (a) The Superintendent shall maintain. bound in a nook of convenient size, confidential reports for each Inspector, Sergeant, Sub-Inspector and officiating Sub-Inspector in B. P. Form No. 2.

(b) The head of each office shall similarly maintain confidential character rolls for each clerk in B. P. Form No. 3.

  • Subject to clause (d) entries shall made in such book—
  • in January;
  • when the Superintendent or the head of the office is transferred.
  • when the    officer   or    clerk is transferred from            the district or Range;
  • when the    officer   or    clerk ceases to officiate             in any higher appointment, unless the Superintendent or the head of the cfhc considers him to be likeiv again to ofticiate in it durino same calendar Year. in which case no entry shall be made itil 152 year has ended; and
  • when a higher authority, such as a Deputy Inspector- General, the Inspector-General or the Provincial Government orders. remarks to be entered.
  • Ordinarily the Superintendent or the head of the office shall not make an entry in such book, except under clause (C) (v) above, unless he has been at least six months in the district or in­charge of the olTh7c or has already formed a definite opinion regarding the work or character of the officer or clerk.
  • Until one book is completed, another shall not be opened for any officer or clerk.
  • Confidential reports shall be kept by the Superintendent, and confidential character rolls by the Superintendent or the head of the office, under lock and key, They may be called for and inspected by the Inspector-General, Deputy inspector-General, Divisional Commissioner or District Magistrate. A Sub-divisional Police Officer shall he shown the books of the officers serving under him.
  • When an officer or clerk is transferred permanently to another district or Range, his confidential report book or character roll shall be sent to the Superintendent of the district, or to the head of the office, to which he is transferred.
  1. (a) The following shall be entered against item 12 of 13. P. Form No. 2:-
  • particulars of any case in which the officer has been criminally subordinate convicted. or in which, having been put upon his trial, he has been finally discharged for want of evidence, but not of any in which he has been fully and honourably acquitted;
  • particulars of any civil suit in which the decision adversely affects his character as a police officer; and
  • particulars of any case in which there has been a judicial comment leading w an entry in the officers service-book.

(b Any remark by a District Magistrate or a Commissioner relating to the officer’s personal character, shall be entered against item 14 of B.P. Form No. 2 unless it has been included in his service-book.

  • All remarks in confidential report or character roll shall be well considered and moderate in tone. Sweeping condemnations and imputations based on mere rumour, which cannot be substantiated, shall be avoided. Any strongly unfavourable opinion shall be justified by rehirence to the circumstance~i and facts bearing upon it ; and the officer recording such opinion should consider whether it would not be best to draw up proceecLugs and call upon the officer or clerk concerned to answer the charges made.
  1. (a) The loss of any confidential report book or character roll in a district shall be reported immediately to the Deputy inspector-General, and the Superintendent shall have a searching enquiry made into such loss. 1-le shall report the result to the Deputy inspector-General.
  • if the confidential reports are those of an Inspector or of an officer whose name is on the provincial list of those approved for promotion to Inspector’s rank, the Deputy inspector-General shall reconstruct the book from the copies of the remarks submitted under regulation 79 by Superintendents and, if necessary, by reference to Superintendents under whom the officer has served during the past ten years.
  • It the case does not fall under clause (b) the Superintendent shall open a new book with a signed statement regarding the loss and the result of the enquiry made.
  1. (a) On the 1st February each year there shall be submitted to the Inspector-General-
  • through the Deputy Inspector-General concerned, by the Principal of the Police Training College, the Superintendent of each Railway Police district, the Assistant to the Deputy Inspector-General in the Criminal Investigation Department and each Special Superintendent in the Intelligence Branch; and
  • through the District Magistrate and the Deputy Inspector-General concerned, by every other Superintendent, copies of all remarks made under regulation 76 in the confidential report book of each Inspector (and of each officer whose name is on the provincial list of those approved for promotion to Inspector’s rank) serving under him. For this purpose loose sheets of Bengal Form No, 5243 should be obtained from the Forms Department.
  • In the case of officers employed in the District Intelligence Branch copies of these remarks shall be forwarded by the Superintendent concerned through the District Magistrate to the Deputy Inspector-General, Criminal Investigation Department and Intelligence Branch. The Special Superintendent concerned in the Intelligence Branch will record his remarks before copies are forwaded to the Deputy Inspector-General of the Range under clause (d).
  • The District Magistrate may make remarks on the copies before forwarding them to the Deputy inspector-General concerned.
  • The Deputy Inspector-General, Criminal Investigation Department and Intelligence Branch, shall forward the copies received by him under clause (a) (i) to the Inspector-General and those under clause (b) to the Deputy Inspector-General of the Range concerned with his own remarks.
  • The Deputy Inspector-General of the Range. shall forward all copies received by him under clauses (a) (i) and (ii) and (d) to the Inspector-General with his own remarks after taking notes of the remarks for record in his office.
  1. When an officer makes an unfavorable remark in any. confidential report or character roll, he should always state specifically whether the defect remarked upon has already, in any other connection, been brought to the notice of the officer or clerk concerned.
  2. In order that an officer may be in a position to rectify his shortcomings, unfavourable remarks recorded in his confidential reports or character rolls or on other occasions should be communicated to him. Officers considering whether remarks should be communicated should observe the following principles:
  • when a report is built up on the individual opinions of the different departmental superiors in gradation, it is only the opinion as accepted by the highest authority which need be considered from the point of view of communication;
  • remarks should not be communicated to the officer—

(1) if the highest authority to whom they have been submitted suspends judgement on them;

(2) if they are in reply to enquiries whether the officer who has not been well reported on previously has improved and is fit for promotion or whether an officer is fit for a particular appointment, unless the authority for whom the reply is ultimately intended considers that facts or allegations contained in them should be communicated to such officer;

  • any remarks on an officer’s report which show that he has taken steps to remedy defects to which his attention has been drawn in a previous year, shall be communicated to him;
  • remarks made about any officer of and above the rank of Deputy Superintendent, other than an officer on deputation to the Calcutta Police or another department, should not be communicated to such officer except by, or under the orders of, the Inspector-General: and remarks on an Inspector, Sergeant, Sub-Inspector should not be communicated to him except by, or under the orders of, the Superintendent or head of the office concerned; remarks regarding an officer of and above the rank of Assistant Superintendent should be seen by the Governor before those remarks are communicated to the officer concerned but the Governor’s acquiescence in the communication to the officer should not be regarded as implying his endorsement of them in his individual judgement; and
  • the manner and method of communication (e.g., whether the communication should be verbal or written and whether it should be made direct to the officer concerned or through an intermediate authority or through his immediate superior) should be such as to secure the maximum benefit to the officer having regard to his temperament, and this will be decided by the authority under whose orders the remarks are communicated.

8lA. Regulation 81 above will apply also to clerks.

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