POLICE REGULATIONS, BENGAL. PART 4

CHAPTER IV

Privileges and General Instructions I-PRIVILEGES, ETC.

74. The following police officials are eligible for presentation to His Excellency the Viceroy at a levee:—

• all officers of the Indian police,
• all officers of the Bengal Police Service drawing not less than the maximum pay of the time­scale, and
• all title-holders.

75. (a) European and Anglo-Indian officers of the police force are eligible for enrolment in the Auxiliary Force, but the, cannot hold any rank but that of a private without the sanction of the Provincial Government.

When presenting themselves for enlistment in the Auxiliary Force they shall produce a written statement from the Provincial Government to the effect that there is no objection to their being called out for training and for when an emergency arises. Such a stateliest will specify the appointment they hold and will be valid only for se lung as they hold the appointment. If such a statement is not produced, they will be regarded as though they were members of the Auxiliary Force (Indian) Reserve class and will only be called out with the specific sanction of the Provincial Government.

The enrolment is subject to the condition that the officer concerned must be exempted from liability for service under section 18 of the Auxiliary Force Act, 1920. With regard to annual training, the military authorities recognise that servants of the Crown must obtain leave to attend such training and that refusal of leave must be consideivd a sufficient ground for exemption from embodyment for’ training They have, therefore, agreed that the names of servants of the Crown for whom permission to attend camp is required should be sent by nuns direct to the Provincial Government at least two months before the commencement of the camp.

• Members of the Auxiliary Force are exempted from certain local taxes in accordance with the terms of section 34 of the Auxiliary Force

Act, 1920.

• No police officers may join the Indian Territorial Force.
• Leave of enrolled officers for attending drill, musketry or camps of exercise is governed by regulation 824.

76. (a) An Inspector may be granted interviews with His Excellency the Governor and with the Hon’ble Ministers with the prior sanction of the Inspector-General during their visits to districts.

• He has also the privilege of an introduction to his Excellency the Governor and the Hon’ble Ministers on their arrival at a railway or steamer station.
• He is also entitled to invitations to Durbars held by Divisional Commissioners at the headquarters of districts.

77. Sub-Inspectors when appearing before officers superior to them in rank are, by virtue of their office, entitled to the courtesy of a chair. except when appearing on strictly formal official occasions, such for example as—

• at orderly room,
• in court,
• when making an official report, and
• when putting up registers or papers for signature or order.

78. (a) Subject to the provisions of regulation 87 police officers shall always be ready to assist beneficent public activities, provided that no interference with their duties and functions as police officers is thereby caused. An officer below the rank of Superintendent shall invariably obtain the consent of the Superintendent under whom he is serving before accepting any office in any local body or committee, and, if at any time the Superintendent so directs, shall forthwith resign such office. In like manner, the Inspector-General or Deputy Inspector General may require any Superintendent serving under him to resign any such office.

• Inspectors may be appointed by nomination as members of Local Boards. subject to the condition that such appointments do not involve the exclusion of any local representatives who may be likely to be more useful members.
• Inspectors and Sub-Inspectors may be appointed to Union, Dispensary and School committees within their respective jurisdictions, but may not be appointed as Municipal Commissioners.

79. (a) Police officers of all ranks are prohibited from collecting subscriptions worn the public for any purpose whatsoever.

(b) They are permitted to become members of puja committees organised by the public, provided that they do not as such take part in collecting subscriptions and to celebrate pujas with subscriptions raised from members of the force or other officials. They may accept invitations from members of the public, or invite the public, to pujas.

80. (a) A police officer is exempted by section (1) (b) of the Indian Arms Act, 1878 (XI of l878), from the prohibitions and directions contained in that Act ‘u respect of arms and ammunition which is required to bear as part d his equipment in the course of his public duty, whether they are supplied by the Provincial Government or are his private property. No license therefore, is required by any police officer in respect of a revolver or pistol owned by him as part of his equipment [see regulation 101 (c)].

• A retired police officer, who has been permitted to wear uniform on certain occasions after retirement, must obtain a licence for any revolver or pistol which formed part of his equipment, but is ixempt from the payment of a licence fee for it.
• A police officer of or above the rank of Sub-Inspector or a Sergeant may, under item 803), Schedule I, Indian Tariff Act, 1934 (XXII of 1934), import free of customs duty a revolver of pistol together with ammunition upto a maximum of 100 rounds per revolver or pistol on the certificate of the Inspector-General that the weapon and ammunition are imported by the officer, as part of his equipment. If the officer who desires to avail himself of this privilege, is in India, he shall apply to the Inspector-General for such certificate to be issued direct to the arms dealer or contractor from whom standardised revolvers and ammunition are obtained. A certificate will not be used as a rule to an officer on probation or at all to an officer who is merely officiating as a Sub-Inspector or Sergeant.
• A register shall be maintained in the Superintendent’s office in B.P. Form No. 4 of all arms in respect of which officers in the district are exempt as laid down in. clauses (a) and (b) and, when any such officer is transferred to another district, a copy of the relevant entry in the register shall be sent to the Superintendent of that district.
• If any police officer ceases to be exempt as laid down in clauses (a) and (b), owing to retirement, discharge, dismissal or any other reason, the Superintendent shall see that the arms and ammunition in respect of which such officer was exempt are deposited until a licence for them is produced or are otherwise legally accounted for.

89 (a) Police officers may not carry canes or sticks other than regulation lathis while on duty, unless ordered to do so by an officer of or above the rank of Inspector. Such orders shall be given only if the officer considers that the occasion does not require the use of lathis and the use of canes is subject to the same restrictions as other forms of force.

(b) The use of private firearms by police officers below the rank of Sub-Inspector, when on duty, is prohibited.

90. By section 168 of the Bengal Municipal Act, 1932 (Bengal Act XV of 1932) every police officer resident in a municipality is exempt from municipal taxation in respect of one horse.
91. Police officers proceeding on duty are exempted from the payment of bridge, ferry and roads tolls.
92. (a) All vessels, whether owned by Government or otherwise, which are being used exclusively by officers of the Crown or subordinates, whether civil or military, travelling on duty, or are being used exclusively for Government work, are exempted from toll or demnurrage on canals or canalised rivers, Vessels carrying materials for works belonging to departments other than the Irrigation Department are, however, not exempted.

• Every such vessel shall be furnished with a pass, which in the case of officers shall specify the nature of the vessel and the names of occupants, and in the case of vessels used for Government work, the nature of the work and approximate quantity of the cargo. This pass shall be shown at all toll stations, and collectors may inspect the boats.
• When a boat travelling on police duty of an urgent nature is obliged to pass a toll station without halting, a report in explanation shall be sent as early as possible to the supervisor of canals.

93. All ranks of the police and clerks who are not compulsory subscribers to the- General Provident Fund under the General Provident Fund (Superior Civil Services) Rules or the General Provident Fund (Bengal Services) Rules may become voluntary subscribers to the fund, in accordance with those rules.
94. (a) All officers below the rank of Inspector are entitled, when making journeys on duty by railway or steamer or omnibus service to receive warrants on which tickets are issued for such journeys. Detailed instructions regarding the custody, issue and use of these warrants are continued in Appendix. III

NOTE.—Sub-Inspectors should not use railway warrants except when in charge of escorts or when they are in need of ready Cash to pay their own fares.

(b) Officers of the Railway Police are supplied by the railway administration with tokens, badges of passes, according to their rank, enabling them to travel free, when on duty, over any railway system within the Railway Police district in which they are serving.

95. Head constables, naiks, constables and lauch-ratings other than serangs and drivers will be allowed, when granted leave, free third class railway and steamer warrants to and from their homes, subject to the conditions set forth in S. R.. 137A of the Fundamental Rules.

NOTE.—(i) Free railway and steamer warrants shall be allowed only when the officer or rating has applied for them before leaving his station to go home.

• The grant of warrants under this regulation will be noted, in red ink, in the service book or roll of the officer or rating immediately under the entry recording the granting of the leave, with the numbers of the warrants and the names of the stations to which they were issued.

96. A head constable, naik or constable invalided out of the service, or summarily discharged on medical grounds as unfit for service, is entitled to a free warrant for a single ticket by railway and steamer to his home.
97. Save as provided in regulations 105, 886 and 887, police officers of all ranks and launch- ratings are forbidden directly or indirectly—

• to seek or obtain interviews, except in the course of their duty, with Ministers or Secretaries to Government without the prior sanction of the Inspector-General;
• to approach members of the Legislature with a view to having any grievance made the object of a question or interpellation in

the Legislature; or

• to approach any officer or another department, any non-official, or any association for support in pressing the claims, or obtaining redress of the grievances, of individuals, or to obtain from any such officer, non-official or association any certificate or letter of recommendation other than (i) a certificate under regulation 1048 or (ii) a formal letter bringing to the notice of a Superintendent specific services rendered to, or under the official cognisance of, the writer.

97A. Regulation 97 will apply also to clerks

98. Police officers of all ranks are prohibited from bringing civil suits against persons residing in the district in which they are employed or against any police officer for acts done in connection with the discharge of his official functions without the sanction of the Superintendent, who shall report the facts of each case, as it occurs, to the Inspector-General through the District Magistrate and the Deputy Inspector-General.
99. (a) The Provincial Government recognises its obligation to protect police officers who in the course of the lawful discharge of duty have become involved in litigation, either civil or criminal, when it appears to the Provincial Government that they have acted in good faith but the Provincial Government does not bind itself to undertake their defence or afford assistance when this is not the case.

(b) When the Provincial Government declines to defend, it rests with the officer concerned to take such measures as he considers necessary at his own expense, but the Provincial Government will defray his reasonable costs in the event of his being acquitted, and it being shown that his conduct throughout has been free from blame. If though acquitted of the offence charged, his conduct should appear to be blame-worthy, he shall receive only such portion, if any, of the expenses incurred by him as the Provincial Government may deem fit to pay.

100. All police officers against whom any criminal prosecution or civil Suit is instituted shall at once inform the Superintendent or corresponding superior officer.
101. In the case of a civil suit or a criminal prosecution by or against a police officer in connection with the discharge of his official functions, the following course shall be followed:—

• A police officer wanting redress for some wrong which he has suffered in connection with the discharge of his official functions shall, whether he proposes to institute a civil suit or criminal prosecution on his own responsibility and at his own cost or whether he desires that the suit or prosecution should be instituted in his name under the orders and at the cost of the Provincial Government, submit through his official superiors a full report oa the whole case to the Legal Remembrancer before taking any steps in the matter. On receipt of such report, the Legal Remembrancer will submit the case with his remarks for the orders of the Provincial Government.
• If any suit is instituted against a police officer for anything done in his official capacity without the notice required by section 80 of the Code of Civil Procedure, 1908, having been duly served on him, he shall, as a rule, move the court to dismiss it on the ground that it has been instituted contrary to the provisions of that section. An alleged extortion of money for an officer’s own benefit, and not for the benefit or supposed benefit of the case he is investigating does not come within the wording of section 80 and no notice is necessary in such cases.

If, however, such notice is given, he shall at once report to his superior officers all the circumstances necessary to the forming of an opinion on the case, stating whether he proposes to deal with the matter on his own responsibility and at his own cost or whether he desires that the suit should be taken up in his name under the orders and at the cost of Provincial Government. The superior officer receiving such report shall without delay, after making any enquiry that may be necessary, submit a full report with a statement of the action proposed to be taken for the orders of the Provincial Government through the Legal Remembrancer, and before the receipt of such orders all steps in the matter shall, if possible, be avoided. But, subject to the sanction of the

Provincial Government, nothing herein shall prevent the police officer concerned from entering into an arrangement for the amicable settiment of the case.

• An officer preparing a report under the above rule or moving the court to dismiss the suit shall be entitled to the assistance of the Government Pleader.
• Section 197 of the Code of Criminal Procedure lays down a special procedure in regard to criminal prosecutions against certain classes of officers, while section 42 of the Police Act, 1861, sets a limit within which action against a police officer is to be taken and indicates the procedure in regard to this. In those cases there will always be ample time to obtain the orders of the Provincial Government as to the defence of the officer, and this shall be done. In the case of criminal prosecutions against other classes of police officers it may frequently be impossible to obtain die orders of the Provincial Government before the commencement of the proceedings in court. In that caps it would rest with the District Magistrate after consulting the Superintendent, to decide whether the defence shall be undertaken by the Provincial Government or not. In the event of disagreement between the District Magistrate and the Superintendent concerning the defence of the accused police officer, the District Magistrate shall instruct the Public Prosecutor to appear for the accused officer in the initial proceedings and request the court to postpone the case pending a decision by the Provincial Government as to whether he should be defended at the cost of provincial Government or not. in such cases a full report shall be sent to the Provincial Government as early as possible stating the course the District Magistrate has decided to adopt.
• Immediately upon the institution before a union court or union bench of a suit or case against a police officer, the officer in charge of the police station concerned shall send the necessary intimation to the Superintendent. If at any time it is necessary to obtain copies of the record of the case, the Superintendent shall apply for copies as prescribed in rule 7 of the rules framed by the Provincial Government under the Bengal Village Self-Government Act, 1919 (Bengal Act V of 1919), and issued with Judicial Department notification No.5649J., dated the 13th August 1926, and payment according to the scale therein laid down shall be made from contingencies.
• when the Provincial Government undertakes the conduct of a case, civil or criminal, instituted by or against a police officer, the head of the department in respect of a civil suit or the Magistrate in respect of a criminal case may deal with it in consultation with the officer concerned in accordance with the regulations herein laid down or he may, with the sanction of the Legal Remembrancer, delegate his duties to the officer concerned on condition that the said regulations are strictly observed. In the latter case, the officer concerned shall conduct the case at a reasonabie cost which must not exceed Rs. 250 without the previous sanction of the Legal Remembrancer. The Provincial Government will not be bound to pay any expenses unless these rules are complied with. If in a case in which the Provincial Government has undertaken the defence of an officer the decision of the first court is against him, the question whether an appeal should be filed at the cost of the Provincial Government or whether the damages awarded to the plaintiff or the fine imposed should be paid by the Provincial Government shall be decided by the Provincial Government either on the application of the officer concerned who should move his immediate superior in the matter or on the representation of his superior officer.
• All applications for the defence of police officers at the cost of the Provincial Government in civil suits and criminal cases shall be submitted to the Inspector-General through the District Magistrate and the Deputy Inspector-General by the Superintendent concerned. A similar procedure should be followed in the case of applications for expenses in cases and suits in which police officers are complainants.

(viii) In cases against officers of the Criminal Investigation Department or the Railway Police, the Magistrate of the district in which the case is instituted shall be considered the District Magistrate for the purposes of this regulation.

102. In all cases of criminal prosecutions brought against police officers for acts done in the performance of their public duties, Public Prosecutors are bound to defend them and are entitled to fees provided that the Provincial Government has sanctioned the defence being undertaken by the Provincial Government at its expense. The sanction of the Provincial Government shall, in the first instance, be obtained by parties. the departmental head of the officer through the Legal Remembrancer before any action is taken in this behalf unless there be no time for such

reference.

103. Where no appearance is entered on behalf of the Provincial Government and the action is dismissed, or the accused discharged or acquitted, the case will be dealt with as is laid down in clause (b) of regulation 99, allowance being made for the expenses (if any), realizable under the order of the Court.
104. (a) It is to be distinctly understood that charges, the payment of which may be applied for under these rules, shall be moderate and that the Provincial Government does not bind itself to pay unnecessary expenses which the officer concerned may choose

to incur. In petty cases, an appearance in person or with departmental aid, e.g., -of the Court Inspector o; Sub-Inspector will be often quite sufficient and where this is so, the employment of a pleader is superfluous. Requests for the payment of counsel shall be entertained only under very exceptional circumstances and if counsel is not engaged on the other side, ordinarily counsel shall not be employed at the expense of the Provincial Government on behalf of the police officer.

• If the officer wins the case and the costs or damages or compensation are awarded to him, the expenditure incurred by the Provincial Government up to the limit of such costs, damages or compensation shall be refunded by him.

The following general principles are laid down for the guidance of Superintendents in scrutinising the calims of police officers for the cost of their defense in civil or criminal cases brought against them in the discharge of duty

1. Criminal Proceedings. – (i) In trial before a Magistrate. —One pleader at a fee not exceeding that ordinary allowed to the Public Prosecutor of the district and subject to the usual restriction of half fee for a half-day’s work. A junior pleader or a mukhteer would also be allowed in heavy cases where elaborate notes have to be taken of the evidence, and the evidence carefully analysed.

• In appeals and revisions before the District Magistrate or Additional District Magistrate and before the Sessions Judge. —One senior pleader as above.
• In a sessions trial. —One senior and one junior pleader on the fees generally allowed to them when employed by the Provincial Government in sessions cases.

(Charges incurred in connection with preliminary enquiries, etc., in which the attendance of the officer concerned is optional, will ordinarily be disallowed.)

1. Civil Proceedings. —(i) in suits before a Munsif or Subordinate Judge. —One pleader at a fee not exceeding that ordinarily allowed to the Government Pleader of the district, subject to the restriction refferred to above, and, in addition, in exceptionally heavy cases, one junior pleader.

(ii) In appeals. —One senior pleader as above.

• Incidental Expenses. —(i) Fees for standing surety, but only in exceptional circumstances.
• Actual travelling and diet expenses of defence witnesses.
• Actual and necessary travelling expenses and necessary charges for board and lodging limited to daily allowance of the officers concerned, whether on duty, leave or under suspension.
• Reasonable charges on account of pleader’s clerk’s remuneration cost of certified copies, court-fees, process-fees, etc.
• Reasonable charges in connection with applications for transfer, provided the Superintendent has been previously consulted and has approved of the course adopted by the officer concerned.

1. Cost of defence in cases of Enquiry by Commission.—In cases of Enquiry by a Commission, whether such Commission is appointed under the PubJic Servarns’ Enquiries Act or under any other rules or orders, the Public Prosecutor shall ordinarily be engaged to put the case before the Commission; if his services are not available, some other pleader may, with the previous sanction of the Legal Remembrancer, be engaged. It will be open to the officer whose conduct is under investigation to be represented by a pleader; but any claim by the officer to be reimbursed the reasonable expenses of his defence will be considered only if he is honourably acquitted of the charge in respect of which the enquiry has been ordered. In such cases, no officer shall be entitled to receive, on account of lawyer’s fees, any sum greater than the amount paid by the Provincial Government to the Public Prosecutor or other pleader engaged for his services in putting the case before the Commission.

Ill- GOVERNMENT SERVENT’S CONDUCT RULES AND OTHER GENERAL INSTRUCTIONS

105. (a) A subordinate police officer who wishes to make a representation about his promotion, transfer or leave or about any other matter may not interview—

• a Deputy Inspector-General without the permission of the Superintendent of the district where he is serving (or, if he is on transfer, of the district from which he is transferred), or
• the Inspector-General without the permission both of such Superintendent and of the Deputy Inspector-General.
• Such permission shall not ordinarily be refused.

105A. Regulation 105 will apply also to clerks.

106. The Government Servants’ Conduct Rules applicable to the services recruited by the Secretary of State shall be binding on all officers of the Indian police, and those applicable to services under the control of the Provincial Government are binding on all other servants of the Crown.
107. (a) Every person to whom these regulations apply is prohibited from being an accredited correspondent of any news agency or of any newspaper or other periodical.

(b) The rules framed by Government relating to broadcasting by wireless are binding on all persons to whom these regulations apply.

108. An officer is entitled to form and to hold his own opinion on public matters: but he is not at liberty to attack what he knows or believes to be a policy or procedure deliberately approved by Government, or to make public (whether in writing or in speech or otherwise) any opinion on matters of Government policy which- are, or are likely to be, the subject of public discussions. If a decision of Government does not commend itself to any officer who has to carry it out, he has, alter making proper representations to his official superior, no other course open to him but to acquiesce loyaly and silently or to resign his position in the service.
109. (a) All police officers, from the highest to the lowest, are absolutely forbidden, except in the ordinary course of business with a bank or firm of standing, to borrow money from, or otherwise place themselves under a pecuniary obligation to, any person or persons subject of their official authority, or residing, possessing land or carrying on business within the local limits of such authority. Any such act shall be considered as tantamount to an act of corruption, and dismissal shall be the only punishment. This prohibition extends to lending money at interest whether directly or through relatives or other agents, to their subordinates or to any person or persons possessing land, with or without security, within the local limits of their authority. The prohibition contained in the government of India, Home Department, Resolution No. 2 B.-87- 103, dated the 16th January, 1890, shall be held applicable to loans whether on the security of a mortgage or unsecured to estates administered under a Court of Wards or an Encumbered Estates Act. (Vide India Government No. 2276-319-2, dated the 30th September 1899.)

• A gazetted officer is forbidden to borrow money from a cooperative socity unless he is specially permited by the Provincial Government to do so.

NOTE.—See Government Servants’ Conduct Rules,

110. Police Officer are prohibited from bidding for or purchasing anything at a Government sale, without the previous sanction of the Deputy Inspector-General.
111. (a) When a servant of the Crown receives orders of transfer to a district in which the operations of a company in which he holds shares are conducted, he shall at once report the possession of such shares to the Inspector-General through his official superiors.

• A servant of the Crown may not acquire by purchase shares in any company, the operations of which are conducted in the district in which he is employed for the time being.
• When a servant of a Crown acquires by sucession inheritance. bequest or gift shares in a Company, the operations of which are conducted in the district in which he is employed, he shall at once report such acquistion to the Inspector-General through his official superiors.

112. (a) Subject to clause (b), every officer, whether gazetted or subordinate, shall submit to the authority shown in the table below: —

• on appointment, a declaration of all immovable property in India held by him or by his wife or by any member of his family living with him or in any way dependent on him; and

(ii) in the first week of March each year, an annual statement in B.P. Form No. 5 eaither of alterations or of the fact that there is no alteration.

Rank or designation.Authority to whom submitted.(1) Officers of Indian Police and Provincial Police service and clerks in the office of the Inspector-General. Inspector-General.

• Inspectors, Sub-Inspectors, Sergeants and Assistant Sub-Inspectors and clerks in the Offices of Superintendents.

Superintendent of the district in which they serve (including Principle, Police Training College).

• Clerks in the offices of the Deputy Inspectors- General.Deputy Inspector- General concerned.

(b) No declaration or statement is required (1) from any launch-rating; or (2) from a head constable or constable but any such officer promoted to the rank of Assistant Sub-Inspector or Sub-Inspector shall submit the declaration prescribed above, and continue, thereafter, to submit annual statements.

• A Police Officer is forbidden to purchase land or other immovable property elsewhere than in his home district, whether in his own name or in the names of his wifes, children, relatives, dependants or servents or in any way benarni or to sell land or other immovable property held elsewhere than in his home district, without the previous sanction of the Inspector- General. In applying for such sanction, an officer shal give full purticulers of the land or other immovable property and of the reasons for the purchase or sale.

113. The employment of subordinates as if they were an officer’s personal servants, for procuring supplies, making themselves generally useful, doing work of a menial nature and the like, is prohibited as being an indefensible abuse of authority and as being likely to place the officer in a false position and expose him to misrepresentations. Superintendents and Deputy Inspectors-General are explicity required to report any contravention of this regulation to the Inspector-General.
114. If any loss, destruction or damage of property which belonges to the Crown or for which the Provincial Government is responsible takes place owing to any default, negligence or disobedience of orders on the part of any police officer, clerk or launch-rating, he may ordered to make good the value of it.
115. (a) No Superintendent, Assistant Superintendent or Deputy Superintendent shall on account leaves his district without the permission of the Deputy Inspector-General, except on duty of the most urgent nature or as authorised by clause (c).

• No other police officer shall have the circle, police-station or place to which he is posted. except on duty or with the express permission of an ofticer authorised to give it or when he is relieved.
• A Superintendent may leave his district for the purpose of attending a co-operation conference or meeting held within or without Lhe province under these regulations but shall give prior notice to the Deputy Inspector-General of the Range.

116. Every police officer of or bleow the rank of Inspector shall, when visiting on duty the headquirters of any district, report to the Superintendent, either personally or in writing.

If he belongs to another district he shall state what is the reason for the visit and whether he requires assistance from the local police.

117. Every police officer whereever he may be, whether within or without the district to which he is posted shall be subordianate to and is bound to carry out any legal order given by any police officer or superior rannk.
118. The first and most impotant duty of the police is the prevention of crime and the maintenance of law and order. The great mass of crime consists of offences against property,

against which the police can affored a large measure of protection, either directly by regular and efficient patrolling, or indirectly by the exercise of a proper surveillance over bad characters. To obtain a knowledge of the persons addicted to crime and to maintain adequate supervision over them should be the aim of every member of the force.

119. The sucessful detection of such crime as the police cannot or do not prevent is also of the greatest importance. Bu an officer will be judged not by this percentage of successes in the investigation and prosecution of offences, which is to some extent a matter of fortune, but by his display of methoed and intelligence in detection, his general efficiency and keenness, his management of his subordinates, and above all by his knowledge and control of the local charge committed to him.
120. It is the duty of every officer to see that all cognizable crime is reported and registered. The public will best be encouraged to give full infomation if the police exercise a wise diseretion under section 157 of Code of Criminal Procedure and avoid investigation in trivial cases. If offences against property, and even attempts to commit them are concealed, a valuable indication as to the movements of bad character is thereby lost. A rise in the percentage of uninvestigated officences, therefore, is by no means to be feared in itself, provited that inspecting officers satisfy themselves that offences are not being inininiised.
121. —CO-OPERATKN, CONFERENCES AND MEETINGS.
122. All police officers shall assist one another, to the best of their ability, in the execuation of their duties whenever such assistance is actually demanded or sappears to be required.
123. Close co-operation at all times between officers whose jurisdictions from a common field for the depredations of a criminal or of a gang is essintial. As an aid to such co-operation, periodical conferences shall, and special co-operation mettings may, be convened by different officers according to the succeeding regulations.
124. (a) Every Deputy Inspector-General in Charge of a Range shall hold a Range conference annually at some convenient place within the Renge, and all Superintendents serving in the Range shall attend.The Superintendents of district adjoining the Range and of Railway Police district traversing the Ramge may also be invited to attend if the Deputy Inspector-General considers their presence desirable. Each Deputy Inspector-General shall fix the date for his Range conference in consultation with the Deputy Inspector-General in charge of adjacent Ranges.

(b) Each Superintendent within the Range shall forward to the Deputy Inspector-General, not less than two months before the date of the conference, a list of subjects to be discussed and the names of any Superintendents of other Ranges with whom lie desires to discuss any subjects. The Deputy Inspector-General shall circuulate a complete list of the agenda to the Deputy Inspector-General, Criminial Investgation Department, and to all others who will attend, at least one week beibre the conference.

• The Deputy Inspectors-General, Criminal Investigation Department, may attend, or direct his Assistant to attend, any of these conferences, if it is considered deseirable.

124. (a) (i) The Superintendent shall hold quarterly conferences withh all ganietted police officers in the district. The conferences may be held at district headquirters or elsewhere at his discreation.

Note—The Superintendent should invite the District Magistraleto attend these qwirterly conferences whenever there are queselons which his presencemight heif to answer.

• The Superintendent shall fix the dates on which such conferences will be held.
• At such conferences the action to be taken against crime in the district and the work of the officers surving under the Inspectors shall invariably be discussed. No agenda shall be circulated but the Superintendent may allow, at his discretion, discussion of any other matter. Officers attending the conference should, if possible, inform him, at least fifteen days before the date fixd for the conference, of any matter which they wish to suggest for discussion.
• Each circle inspector should hold a conference once a quarter to be attended by Offiers-in- charge of police-stations, and by such other officers as he may summon, within his circle: if he thanks the presence of any officer not serving within his circle to be advisable, he should report the matter to the Superintendent. At each such conference the resolution of the last district conference shall be explained and police matters of local interest shall be discussed.

125. A special co-operation meetting for the purpose of discussing any emergency, may be held at any time and any place within his jurisdiction.—

(I) by a Deputy Inspector-General of a Range, with other Deputy Inspector-General or which Superintendents and other officers;

• by a Superintendent, with officers serving in his own district or, with the previous sanction of the Deputy Inspector-General Range, with other Superintendents,
• by a Sub-divisional Police Officer with serving in his Sub- division or with the previous sanction of the Superintendent, with other officers;
• by a Circle Inspector, with the previous sanction of the Superintendent, who others inspectors of the same or neighbouring district and with officers serving under himself or them.

126. (a) A conference or co-operation metting shall be presided over by the senior Officer present.

(b) The minutes of conference and metting shall be recorded by or under the direction of the Presiding Officer, in. such a way that matters of general interest are kept separate those of purely local interest.

• Extracts regarding matters of general interest shall be sent to all officers who attended the conference or metting, and extracts of mutters of local interest to the Officers concerned.
• Copies of the minutes of special mettings convened with the sanction of a Deputy Inspector- General shall be sent to that officer and copies of the minutes of any special metting convened by a Sub-divisional Police Officer or by an Inspector shall be sent to the Superintendent of the district in which it was held.
• The fact that he has attended a conference or metting shall be noted (1) by an Inspector in his personal diary and (2) by a Sub Inspector in the mufassil or general diary according to the place where the metting was held.

127. (a) Sub-divisional Police Officers and Circle Inspectors (cxcept those of the Railway Police) shall attend the quarterly mettings held by Sub-divisional Magistrates in accordance with Government Order No. 420-46P1., dated the 25th February 1936. They shall point out any areas in which crimeis excessively prevailent or on the increase, which are the homes of dangerous characters or which, for any other reason, demand the special attention of the union board and rural police. They shall also discuss any failure to pay or equipe the rural police properly, any case contemplated under section 110 of the Code of Criminal Procedure and any other matters of interest both to the Police and the Magistracy.

(b) The copies of the minures of these mettings received by the Superintendent shall be kept in a separate file in the office.

128. (a) All Oflicers whose jurisdictions adjoin or are near to Calcutta shall keep in close touch with officers of the Calcutta Police and co-operate with them whenever necessary.

• Superintendents of districts (including Railway districts) round Calcutta, and the Assistant to the Deputy Inspector-General, Criminal Investigation Department, shall detail officers to attend the monthly meetting held at the Headquarters of the Calcutta Police.
• Any Investigating Officer of the Bengal Police, who has to pursue enquiries in Calcutta, shall ordinarily introduce himself to the Olficer-in-churge of the police-station where the inquiries are to be made, but, if he needs the help of the Detective Department of the Calcutta Police, he shall first report himself to the Assistant Commissioner of that department.
• The Superintendent of Police, Chittagong, may proceed to Akyab in Burma to attend co­operation meetings with the Superintendent of Police, Akyab. Such meetings should be held in Burma and Bengal in alternative years.

128A. Co-operation between neighbouring police-stations and districts should not stop at the or-stateThere shall be close co-operation between officers of neighbouring police-station, circle Sub-divisions and districts imcluding those of bordering states and provinces.

129. (a) All ranks of the police shall render to and receive from all officers arid men of the Excise Department full co-operation in the prevention arid detection of offences under the Excise, Opium and like Acts. For the purpose of this regulation , co-operation shall be deemed to include the grant of facilities for the examination of documents and records, and for attendnce at chaukidari parades and oc-operation conference or meetings of police officers.

(b) Copies of the preliminary reports of searches, arrests and seizures made by the police under the Bengal Excise Act, 1909, shall be sent to the Collector or the Excise Officer in whose jurisdiction the. searches, arreasts or seizures are made. The forms of such preliminary reports may be obtained from the Excise Department.

130. Any Police Officer duly empowered in his respect by the District Magistrate shall periodically visit and inspect the pemiises of the holder of a license under the Poinsons Act, 1919, where poisoins are kept for sale, and inspect the stock found therein and the registers maintained under the Act. The result of each inspection shall be noted in registers of the shop and also in the rnuj³issil or personal diary of the officers any serious breach of the conditions of license being specially reported to the Superintendent without delay.
131. —ASSEMBLIES AND PROCESSIONS.

• Powers

131. The duties and powers of the police in resrect of the control of assemblies and processions are setforth in section 30, 30A, 31 and 32 of the Police Act, 1861.
132. (a) In regulations 135. 137 and 138 the word “Superintendent” includes an Assistant Superintendent and [Subject to clauses (b) and (c) of this regulation], a Deputy Superintendent or an Inspector.

• Every Deputy Superintendent has been appointed to perform, in the district where he is appointed as such all the duties of a District Superintendent under sections 30 and 30A of the Police, Act, 1861.
• Every Circle Inspector has been appointed to perfom in the Subdivision or circle to which he is posted as an Inspector, all the duties of a District Superintendent under sub-sections (3) and (4) of section 30 of that Act subject to the limitation that, whenever possible, he shall obtain the order of a superior officer in the matter.
• Action to be taken before the assembly or procession is held.

133. Circle Inspectors and Officers-in-charge of police-stations shall cause timely information to be sent to the Superintendent or Sub- divisional Police Officer of any projected gathering, procession, festival or other event that is likely to make the exercise of their powers under section 30 of the Police Act, 1861, advisable.

At each police-station a record of dates, routes and orders in force for processions and assemblies during festivals and on other occasions shall be maintained. Such record shall contain as per as possible the prevailing practice with regard to routes, hours and conduct of all such processions and assemblies. It will be the duty of Officer- in-cherge of police-stations to see that these rules and orders are adhered to and that no deviation is allowed except for urgent and strong reasons. Immediately after each occasion an entry shall be made in the register recording whether    the function  passed off  uneventfully or whether any unusual incident occurred which might indicate the necessity for a revision of the orders.

134. If a Police Officer considers that an assembly or procession should be prohibited, he should move the appropriate Magistrate to issue an order under section 144 of the Code of Criminal Procedure. No Police Officer as such has power to prohibit it.
135. If any Superintendent considers it necessary to call upon any person or class of person under section 30(2) of the Police Act, 1861, to apply for a license in respect of an assembly or procession—

(I) he shall obtain from the District or Sub-divisional Magistrate a statement in writing that, in the judgment of such Magistrate, the assembly or procession is likele, if held during a certain period and uncontrolled, to cause a breach of the peace,

• he shall cause a general or speacial notice in B .P. Form No. 6 or 7 to be issuesd directing the persons concerned to apply for a license; and
• he shall specify in such notice the length of the period during which a license shall be necessary for any such assembly or procession, if the notice is intended to cover more than a particular occasion, e.g, the Muharram festival.

136. (a) The license to be issued under section 30(3) of the Police Act, 1861, shall be in B. P. Form No. 8 and shall be prepared as directed in regulations 138 and 139,

• The officer issuing the license may alter or omit any of the conditions printed in the form and may impose any other conditions to suit the needs of any particular occasion or locality.

137. (a) Under section 30(1) of the Police Act, 1 861, a Superintendent may issue directions regarding the conduct of an assembly or procession whether it is licensed or not and whether there has been a notice requiring, or an application requesting a license or not.

• Unless he proposes to take action under regulation 134, he should issue such directions whenever any person gives notice of his intention to convene or collect an assembly or to direct or promote a procession regarding which no notice has issued requiring an applicarion for a license.

(C) Directions under section 30(1) of the Police Act, 1861, should, whenever possible, be given in writing, in B. P. Form No. 9; but disobedience of verbal directions also, by any person who is aware of them, is punishable under section 32 of that Act.

• The Superintendent may alter or omit any of the directions printed in B.P. Form No. 9 and may issue any other directions to suit the needs of any particular occasion or locality.

138. (a) When a Superintendent issues licenses in B. P. Form No. 8 or directions in B. P. Form No. 9 he shall satisfy himself that they include, in addition to the particulars indicated in the form, any special conditions or directions necessary for the preservation of the peace.

• He shall not allow persons taking part in an assembly or procession to carry weapons, or instruments capable of being used as weapons of offence, other than those which, in his opinion, are required for purposes of display or are a necessary feature of the assembly or procession.
• The police should check the indiscriminate use of fireworks on all occasions private or public and the Superintendent should therefore specify among the conditions of a license or in the direction issued under section 30(1) of the Police Act, 1861, the number and type of fireworks, if any, that may be let off in any assembly or procession, after consulting if necessary the Municipal Commissioners.

139. Licenses and any directions issued in B.P. Form No. 9 shall be in triplicate: one copy shall be given to the licensee or the person to whom the directions are addressed, one retained in the Superintendent’s Office, and one sent to the police-station concerned, where it shall be retained in a special file for 3 years.
140. If, notwithstanding the issue of a notice under section 30 (2) of the Police Act, 1861, an assembly or procession is held without a license, a prosecution under section 32 of that Act will lie against any conveners or collectors of the Assembly or any directors or promoters of the procession who have disobeyed the notice to apply for a license, but not against any other person merely because he is a member of the assembly or takes part in the procession.

• Action to be taken during and 4cr assemblies and processions.

141. (a) It is the duty of police officers who are present at an assembly or procession to give reasonable orders under section 31 of the Police Act. 1861, and to note the name and address and the actions of any person who disobeys and such orders or any orders issued under section 30 (1) of that Act whether the orders are verbal or in writing.

(b) Since an offence under section 32 of the Police Act, 1861, is non-cognizable, a police officer has no power forthwith to arrest a person who commits such offence unless—

• an arrest is justified under section 57(1) of the Code of Criminal Procedure;
• the action which is an offence under section 32 of the Police -Act, 1861, is also a cognizable offence under some other section of any law; or
• a Magistrate is present and issues orders of arrest under section 64 of the Code of Criminal Procedure.

142. An order to disperse may be given under section 30A( 1) of the Police Act, 1861, only if an assembly or procession has violated the conditions of a license issued in B. P. Form No. 8. It is not a substitute for an order under section 127(1) of the Code of Criminal Procedure, and, before force can be used to disperse an assembly or procession which has disobeyed it, a second order to disperse must normally (Vide regulation 143) be given, under section 127(1) of the Code of Criminal Procedure. When, therefore, there is no time for more than one order to disperse, such order should be given under section 127(1) of the said Code.

The advantage of giving an order under section 30A(1) of the Police Act, 1861, are—

• that an assembly or procession which disobeys it becomes at once an unlawful assembly and sections 127 and 128 of the Code of Criminal Procedure then become applicable even though the circumstances would otherwise not permit their use, and
• that the members of such an assembly or procession may be arrested without wrrant as being guilty of an offence under section 143 of the Indian Penal Code.

143. An assembly or procession, whether licensed under section 30 (3) of the Police Act, 1861, or not, may be dispersed by force only under section 128 of the Code of Criminal Procedure, that is to say only—

• if it has duly beeii ordered to disperse under section 127(1) of the Code of Criminal Procedure and has not dispersed; or
• if it has conducted itself in such a manner as to show a determination not to disperse.

144. (a) A prosecution will lie under section 32 of the Police Act, 1861, against—

• any person who violates the conditions of a license issued under section 30(3) of that Act; and
• any member of an assembly or procession, whether licensed or otherwise; who-
• knowingly disobeys directions issued by a Superintendent under section 30(1) of that Act; or
• disobeys the reasonable orders of a police Officer under section 31 of that Act.

(b) A prosecution will lie—

• under section 143 of the Indian Penal Code against any person who is a member of a licensed assembly or procession which neglects or refuses to obey an order under section 30A(1) of the Police Act, 1861, and thereby becomes an unlawful assembly; and
• under section 145 of the Indian Penal Code, against any person who joins or continues in an unlawful assembly after it has been duly ordered to disperse under section 127 of the Code of Criminal Procedure.