(Useful for U.P.

APO Examination)
Including Objective Questions with Explanations

By
Dr. Shatrughan Tripathi

UPKAR PRAKASHAN, AGRA–2

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 Contents

● Main Paras 3–8

● Sections of the Police Act, 1861 9–10

Part I : Superior Officers (Para 1 to 17) 11–18
— Important Facts 15
— Objective Questions 16

Part II : Reserve Inspectors and Reserve Sub-Inspectors, Circle Inspectors,

Sub-Inspectors and Under Officers of the Civil Police (Para 18 to 64) 19–25
— Important Facts 23
— Objective Questions 24

Part III : Armed Police, Armed Training Reserve, Mounted Police and Village
Police (Para 65 to 96A) 26–34
— Important Facts 31
— Objective Questions 33

Part IV : Reports Made at Police Stations and Investigations (Para 97 to 128) 35–43
— Important Facts 39
— Objective Questions 42

Part V : Inquests, Post-mortem Examination and Treatment of Wounded Persons 44–50

(Para 129 to 164)
— Important Facts 47
— Objective Questions 48

Part VI : Absconded Offenders (Para 215 to 222) 51–54

— Important Facts 52
— Objective Questions 53
 ( iv )

Part VII : Registration and Surveillance of Bad Characters 55–61

(Para 223 to 276)
— Important Facts 59
— Objective Questions 60
Part VIII : Departmental Punishment and Criminal Prosecution of Police Officers 62–66
(Para 477 to 507A)
— Important Facts 64
— Objective Questions 65
Part IX : The Police Act, 1861 67–92
— Important Facts 77
— Objective Questions 82
 Uttar Pradesh
Police Regulations and
Police Act, 1861
 Main Paras
Chapter 1 Chapter 4
Superior Officers Circle Inspectors
Director General of Police 40. Principal duties of Circle Inspectors.
Para Number 42. Responsibilities given to Circle Inspector by
1. Powers and status of Inspector General-cum- the Inspector General.
Director General of Police. Chapter 5
2. Powers and responsibilities of Deputy
Inspectors-General as the incharge of ranges.
Sub-Inspectors and Under Officers of
the Civil Police
3. Duties of Deputy Inspector General of Police
in his range. 43. Officer-in-charge of a police station.
6. Powers of District Magistrate of the district. 44. Abilities of Officer-in-charge of a police
station.
7A. Powers of D.M. to ask the S.P. to institute an
inquiry in case of any instance of inaction, 45. Confidential Note Book of Officer-in-charge.
corruption, harassment, abuse of authority 46. Duties of Officer-in-charge of a police
and wrongful detention by police. station.
8. Instructions of D.M. in the exercise of his 49. Definition of Officer-in-charge.
power of control. 50. Charge Certificate of Station Officer.
11. The powers of a Superintendent in licensing 51. Duties of the Second Officer.
and regulating prosecutions. 52. If no Second Officer is in police station, junior
13. Responsibilities of Superintendent of Police. to the Second Officer to perform duties of
14. To follow the directions contained in Second Officer.
M.G.O’s, when a district officer giving over a 55. Duties of Head Constable-Station writer.
charge of a district. 56. Literate police officer will give assistance to
16. Entries of all cognizable crimes reported at head constable-station writer.
police stations in Crime Register. 57. Head constable as in-charge of the station.
17. Powers and duties of Assistant and Deputy 61. Constables of civil police.
Superintendents of Police.
Chapter 6
Chapter 2 Armed Police
Reserve Inspectors and Reserve sub- 65. Works of Armed Police.
Inspectors
66. Sub Inspectors of Armed police : works and
18. Responsibilities of Reserve Inspector. duties.
19. Responsibilities of Reserve Inspector re- 68. Orders of Magistrate in a Riot or affray.
garding safe custody of arms, ammunition 70. Use of force by the police against the crowd.
and stores.
21. Duties of R.I. for weekly kit inspection and Chapter 7
annual firing. Armed Training Reserve
23. Employment of R.I. to command escorts and 73. Reserve of armed police.
guards on special occasions. 74. Time limit for the service in armed reserve.
4 | P. R. & P. Act

75. Limits of leave of the men in armed reserve. 123. Previous convictions should be recorded in
76. Deputation of armed police for special duty. charge sheet.
77. Restriction of duties for the member of 124. Complaint of cognizable or non-congnizable
reserve. offence before the Magistrate.
78. Maintenance of armed training reserve. 125. Process of Investigation when an Indian is
killed by British soldiers.
Chapter 8
127. Production of records of post office before
Mounted Police the police.
79. Duties of mounted police. 128. Process when there is an outbreak of thefts
84. Training of mounted police. from goods trains.
88. Training for treatment of horses. Chapter 12
Chapter 9 Inquests, Post-Mortem Examination
Village Police and Treatment of Wounded Persons
89. Chief duty of village Chaukidar. 129. Any sudden or unnatural death to be
90. Freeships to Chaukidar. reported by village Chaukidar to the police
station.
92. Crime record book of village Chaukidars.
134. Known or suspected dead bodies related to
94. Rules for the watch and ward of camps of cognizable offence to be sent for post-
officers on tour. mortem examination.
96. Appointment of village Chaukidars. 135. Recording of finger prints of unidentified
Chapter 10 corpses.
Reports made at Police Stations 135A. Process when an unclaimed or unidentified
body is recovered by police.
97. Process for information relating to the
commission of a cognizable offence. 137. Dead bodies for examination should by sent
to district headquarters.
99. Substance of F.I.R. in G.D.
142. Exhibits connected with the commission of
Chapter 11 an offence should be sent to Public
Investigations Prosecutor or to Magistrate for required
testing in Forensic laboratory.
104. Decision for Investigation of a report of
cognizable offence. 146. No person may be sent for medical exami-
nation against his will.
105. Process, when a cognizable case will not be
investigated. Chapter 13
106. Completion of an Investigation. Arrest, Bail and Custody
107. Duties of an Investigating Officer. 147. Powers of arrest of a police officer.
109. Entries of the case diaries.
148. Powers of Police Officer to arrest any
110. Proceedings after arrests of a suspected offender in whole of India.
person.
150. Powers of arrest should not be exercised in
111. Search conducted by a police officer. case of a known person.
115. Dying declaration of seriously injured 151. Process when an accused is arrested by a
person to be recorded immediately. private person.
116. Identification parade of suspects. 153. Process when any person is arrested in the
119. Process for confession recorded by the course of an investigation.
Magistrate. 154. The search of an arrested person.
120. Who can record the confession. 155. Arrested person should not be subjected to
121. Remand for police custody. any unnecessary hardship.
 P. R. & P. Act | 5

156. Conditions for granting bail to accused Chapter 17

person by the station officer-in-charge. Patrols and Pickets
159. Instructions regarding scale of daily diet for
healthy prisoners. 190. Rules for the patrolling of roads.
160. Under trial prisoners should not be kept at 191. Duties of Patrols.
Courts so late. 194. Six-beat system of Patrolling in towns.
161. Lunatics never to be confined in cells with
other persons. Chapter 18
Special Guards and Additional Police
Chapter 14
196. General instructions concerning guards and
Custody and Disposal of Property escorts.
165. Rules for disposal of movable property. 204. Guard provided for the Commissioner of a
166. Property worth more than Rs. 100 should be division.
kept in the custody of Malkhana Moharrir. 205. Armed police guard for Magistrates.
170. Monthly inspection of Malkhana by Public 206. For additional police, S.P. should consult the
Prosecutor. D.M.
172. Personal property of persons dying intestate
must not be treated as unclaimed property in 207. Proposal for additional police force by the
the Province of Agra. D.M.
173. process after deposition of any arms, 211. Assistance by local and railway police, to
ammunition in Police Station. police guards escorting prisoners under
deportation from Indian States.
Chapter 15 212. Conditions to travel in a goods train or travel
Special Crimes in the break-van.
174. The information of Robbery or Dacoity be 214. Responsibilities of Jail authorities for
sent to other neighboring police stations guarding prisoners.
immediately.
175. Guidelines in a case of professional Chapter 19
poisoning. Absconded Offenders
176. Duties of S.O. after a report of disappea- 215. Action against proclaimed offender.
rance of any boy under 14 years of age or 216. Absconded offender.
girl under 16 years of age.
217. Types of absconded offenders.
179. Reported strays of cattle shall be at once
recorded as thefts and investigated. 218. Register at every police station for
180. Investigations shall be made in every case of absconded offenders.
cattle theft. 221. Power of DM to expunge the names of
182. Cooperation between police stations for the absconded offenders.
suppression of cattle theft. Chapter 20
Chapter 16 Registration and Surveillance of Bad
Criminal Tribes, Foreigners and Characters
Vagrants 223. The village Crime Note Book.
186. Rules regarding the registration and survei- 228. History sheets, Part V of the village Crime
llance of resident and wandering criminal Note Book.
tribes. 231. Subjects of history sheets of A-Class.
187. Instructions for dealing with suspicious 232. Continuity of B-Class history sheets.
foreigners. 243. Preparation of history sheet in case of
188. Orders relating to European vagrants. juveniles.
189. Deputation of a police officer for a foreigner 244. Procedure of action under section 110
who gets order of removal from India. Cr. P.C.
6 | P. R. & P. Act

248. The district police will keep up history- 329. Duty of police officer when a wanderer in
sheets of persons addicted to crime on distress comes or is brought to a police
railways. station.
249. Class A and Class B list will be maintained 331. Police may be employed in guarding
separately in each and every police station. treasure chest on relief.
253. Entries in the gang register. 332. Money received from collector should be
254. Examination of headquarters gang register disbursed promptly.
by Public Prosecutor on the conclusion of 333. Unclaimed bodies should be burnt or buried
every dacoity case. by the police according to the religion of the
255. Maintenance of the headquarters gang deceased.
register. 335. Balance money of relief operations should
256. Procedure for the registration of gang under be deposited in treasury.
the Criminal Tribes Act Manual.
336. Periodical reports should be submitted from
265. When bad character person returns to any police station to S.P.
destination other than his home, the S.O. of
the police station will issue an inquiry slip-A. Chapter 27
266. If H.S. absence is found to be suspicious, a Duties Under Special Acts and Rules
brief note should be entered in history sheet.
338. A list of Acts or portion of Acts should be
Chapter 21 kept in police office and S.P. office.
Execution of Processes 342. Procedure, when a deserter is apprehended
by the police.
277. Recovery of fine.
278. Execution of warrants of recovery. 343. When deserter is made over to military
279. Process after payment of money into a authorities by police a form of certificate u/s
treasury. 91-A is sent to the police for completion.
345. Rules regarding emigration.
Chapter 22 346. Under Indian Factories Act, notice of an
Records and Confidential Documents accident resulting in death must be sent by
283. List of registers to be kept in police stations. the factory authorities to S.O.
284. The Police Gazette and the Criminal 347. Commissioner of the division empowered to
Intelligence Gazette. make rules under the Ferries Act.
285. Annual preparation of certain lists. 363. The duties of police in respect of excise
Chapter 23 offences.
Accounts Kept at Police Station 364. The powers and duties of police regarding
opium and morphia offences.
301. Entry of received and disbursed amount in
365. Excise Inspector and Police Officers both
cash book of police station.
responsible for excise offence.
Chapter 25 368. Appointment of special police officers.
Reporting and Registration of Births 369. Appointment of traffic police.
and Deaths Chapter 28
322. Registration of births and deaths.
Miscellaneous
325. Reports of death or disappearance of a
pensioner should be entered in the general 377. Chests of post office may be fixed at police
diary. stations.
378. Maintenance of motor lorries and light vans
Chapter 26 at district police headquarters.
Direction for the Guidance of Police 379. At least one horse should be provided to all
Officers in Time of Famine gazetted officers.
328. Direction for guidance of police officer in 381. In writing intention is incumbent on all
the time of famine. applicants for medical leave.
 P. R. & P. Act | 7

384. Every officer-in-charge of a police station is Chapter 30

responsible for reporting cases of sickness Promotions
among men under his command.
433. Maintenance of the confidential personal
387. All police officers of and below the rank of
files of gazetted officers.
Head Constable are liable to compulsory
medical inspection. 434. The advancement of Inspectors.
390. Re-allocation of rural police. 435. Procedure for promotion to the rank of
reserve Inspector.
391. Power of DIG (range) to increase police
force of one of his districts temporarily. 438. Annual addition of number of names for
permanent promotion to the rank of public
394. Police Training School, Sitapur set for
prosecutor.
training of under-officers.
439. In annual tour inspection, D.I.G. (Range)
395. The information of a body of military police
will require to inquire about all sub-
has been sanctioned by the provincial
Inspectors.
Government.
454. Eligibility criteria for constables to be
Chapter 29 promoted as head constables.
Appointment 456. Promotion of constables to the rank of head
396. Bodies of the police force. constables will be made by seniority.
459. List of mounted police head constables
397. The Gazetted officers of the police force.
approved for the promotion of the Sub-
398. The non-gazetted officers of the police Inspector will be maintained by PHQ.
force.
459 A. Probation of head constables and sub-
399. Appointment of S.P. and officers of higher Inspectors of mounted police.
rank.
460. Conditions for the advancement of cons-
400. Appointment for probation of Assistant tables in all branches.
Superintendents. 463. Orders relating to increments of pay of Sub-
403. Appointment to the rank Reserve Inspector. Inspectors.
406. Civil, armed and mounted police. Chapter 31
408. Appointment of mounted police constables. Rewards
413. Register of candidates for recruitment. 464. Kinds of Rewards.
414. All enrolled candidates furnish a certificate 465. Rewards of Class (a).
of having been successfully vaccinated.
466. Rewards of Class (b).
415. All recruits must possess the minimum 467. Rewards of Class (c).
physical qualifications.
468. Payment of Rewards.
417. Man dismissed for misconducts from any
department may not be enlisted in police. 469. Procedure for those rewards, on whom the
420. Procedure for verification of military service sanction of DIG or other higher authority is
personnel. required.
421. Instructions regarding the uniform. 470. Rewards of Class (d).
422. S.P. must not appoint to any post under his Chapter 32
control any person already in Government
service.
Departmental Punishment and
423. Certificate of appointment. Criminal Prosecution of Police Officers
424. Rules on the declaration of ownership and 477. Punishment Rules.
acquisition of landed property. 478 A. Punishment may be awarded after depart-
425. Rules for the appointment of clerical staff. mental proceedings.
426. Rules on cases in which officiating appoint- 479. Powers of officers for punishment.
ments may be made in temporary vacancies. 481. Dismissal and removal of an officer.
8 | P. R. & P. Act

482. Rules that govern reduction. 519. Rules for payment of copies of private
individuals.
482 A. Order of upholding increment as a punish-
519 A. Construction of reference.
ment.
484. Nature of inquiry. Chapter 34
485. Procedure, when a magisterial inquiry is Transfers
ordered. 520. Transfer of gazetted officers.
488. Judicial trial of a criminal charge against a 521. Transfer by D.G. (P).
Police Officer. 524. Transfer by S.P. within district.
489. Departmental trial of police officer u/s 7 of
Police Act. Chapter 35
489 A. Proceeding under Section of 7 Police Act Training of Gazetted Officers, Inspe-
done by a Gazetted officer. ctors and Reserve Sub-Inspectors
491. Procedure followed by officer, when 527. Knowledge of drill to police officers.
conducting departmental trials. 528. Course of instruction for probationary Asstt.
492. The result of judicial trial of a police officer Superintendents of Police.
should be awaited. 529. Probation of Dy. S.P.’s.
495. Orderly room for constables and head 530. R.I. must have knowledge of drill.
constables.
532. Qualification for the public prosecutor.
496. Suspension of police officers.
533. Training of Circle Inspectors.
498. Payment after the reinstatement of a police
officer. Chapter 36
499. No conveyance allowance may be paid for Training of Sub-Inspectors
the period of suspension.
534. Training of Sub-Inspectors.
500. Censuring the conduct of a police officer.
501. Defence of the Act of police officer done in 535. Probation of Sub-Inspectors.
his official capacity, will be defended at the 536. Programme for probationer Sub-Inspector.
expense of the State. 537. Extension of period of probation.
502. Procedure, when a medal winner police 538. Selection of ‘Z’ cadets.
officer is convicted.
503. Procedure, when a police officer is arrested Chapter 37
on a criminal charge. Training of Head Constables and
505. Resignation of a police officer. Constables
507 A. Construction of reference.
539. Training of recruits.
Chapter 33 543. Classes of constables.
Appeals, Revisions, Petitions and 544. Training of drill will be taught in reserve
Copies of Official Documents lines.
508. Rules, regulating appeals by gazetted 545. Training of drill of mounted police.
officers. 546. Training of platoon drill.
509. Procedure, when the appeal admitted.
548. Practice of musketry and revolver.
511. Procedures of Revision.
512. Procedure, when appeal is rejected. 549. Inspection of kits, arms and clothing etc. in
518. An officer is entitled on payment of the rates police lines.
given to copies of all papers material to an 550. Instruction in “First aid to the injured” to
appeal. probationary police officers and recruits.
 Sections of the Police Act, 1861
Preamble Section 19. Refusal to Serve as Special Police
Object Officer
Section 1. Interpretation Clause Section 20. Authority to be Exercised by the
Police Officers
Section 2. Constitution of Force Section 21. Village Police Officer
Section 2A. Civil Aviation Personnel to be Section 22. Police Officer always on Duty and
Police Force may be Employed in any part of
Section 3. Superintendence in State Govern- the District
ment Section 23. Duties of Police Officers
Section 4. Inspector General of Police etc. Section 24. Police Officers may Lay Informa-
Section 5. Powers of Inspector General, tion, etc.
Exercise of Power Section 25. Police officers to Take Charge of
Section 7. Appointment, Dismissal, etc. of Unclaimed Property and be Subje-
Inferior Officers cted to Magistrate’s Orders as to
Section 8. Certificates to Police Officers Disposal
Section 9. Police Officers not to Resign with- Section 26. Magistrate may detain Property
out Leave or Two Month’s Notice. and Issue Proclamation
Section 10. Police Officers not to Engage in Section 27. Confiscation of Property if
Other Employment Claimants Appears
Section 12. Powers of Director General to Section 28. Persons Refusing to Deliver up
Make Rules Certificate, etc. on Ceasing to be
Section 13. Additional Police Officer Police Officers
Employed at the Cost of Section 29. Penalties for the Neglect of Duty,
etc.
Individuals
Section 30. Regulation of Public Assemblies
Section 14. Appointment of Additional Force and Processions and Licensing of
in the Neighbourhood of Railway the same
and other Works Section 30A. Powers with Regard to Assemblies
Section 15. Quartering of Additional Police in and Processions Violating Condi-
Disturbed or Dangerous Districts tions of License
Section 15A. Awarding Compensation to Section 31. Police to Keep Order on Public
Sufferers from Misconduct of In- Roads, etc.
habitants or Persons, Interested Section 32. Penalty for Disobeying Orders
in Land. Issued Under Last Three Sections,
Section 16. Recovery of Moneys Payable etc.
Section 32A. Power to Prohibit mass Drill or
Under Sections 13, 14, 15 and 15
mass Training etc.
A, and Disposal of Same when
Recovered Section 32B. Penalty for Contravention of Pro-
hibition Under Section 32 A
Section 17. Special Police Officer Section 33. Saving of Control of Magistrate of
Section 18. Powers of Special Police Officers District
10 | P. R. & P. Act

Section 34. Punishment for Certain Offences Section 42. Limitation of Actions
on Roads etc. Section 43. Plea that the Act was done Under
Section 34A. Compounding of Offences Under Warrant
Section 32 and 34. Section 44. Police Officers to Keep Diary
Section 35. Jurisdiction Section 45. State Government may Prescribe
Section 36. Powers to Prosecute Under Other form of Returns
Law not Affected Section 46. Scope of Act
Section 37. Recovery of Penalties and Fines Section 47. Authority of District Superinten-
Imposed by Magistrates dent of Police Over Village Police
Part I
Superior Officers
Para 1 to 17

Director General : Powers and Duties, will be that these orders will now be passed in
Para 1 accordance with the recommendation of the
concerned Additional Inspector General of the
According to para 1 Director General police,
(Inspector General) is the head of the police
department and the advisor of the Governor in (ii) To dispose of the representations, appeals
Council on all questions of police administration. and revisions and petition of the employees posted
All orders from the Governor in Council to a in the region under them,
member of the police force are issued through (iii) To grant casual leave to the gazetted
him, except in cases of urgency when copies of officer of the region under them, which was
any order issued direct to subordinate officers are granted by the Inspector General of Police till
sent to him. No police officer may correspond now,
with the Governor in Council except through him, (iv) To make available their opinions,
unless specially authorised by the rule. As a concerning the work of the gazetted officers of
matter of administrative routine he is concerned their region, to the Inspector General of Police for
only with gazetted officers, the general allocation annual entries. The Deputy Inspector General will
of staff and general distribution of funds, complete also be in these officers,
responsibility in regard to the non gazetted staff
(v) Such orther acts, works/functions that may
being delegated to Deputy Inspector General,
be entrusted to them from time to time, by the
except in regard to the posting, transfer and grant
administration or the Inspector General of the
of leave to Inspectors in certain cities and stations
police.
and to the posting transfer and promotion of
clerical staff, which can most conveniently be Deputy Inspector General : Powers and
regulated by him. Duties, Para 2 and para 3
Additional Inspector General of Para 2 of the U.P. Police Regulations provi-
Police : Powers and Duties, Para 1A des that certain Deputy Inspectors General are
incharge of ranges of districts. Each of them is
According to para 1A of the U.P. Police responsible for the efficiency of the police in his
Regulation the Additional Inspector General of range, and must see that a proper level of district
Police will be the incharge and supervising officer administration is maintained. He must always be
of the region under them and will gave appropriate in close touch with his superintendents and be
guidance to Deputy Inspector General, of their ready to aid, advise or control them. He must
region, their duties and powers in relation to inspect the work of the superintendent of each
the employees/officers of their region will be as district at least once a year and prepare an
under : inspection report in the form prescribed. He need
(i) To transfer non gazetted officers of the not, however, record observations under any of
region under them. The inter region transfer will the printed headings of the form except VIII
be done at the Police Head Quarter’s level, as “Crime Working” and IX “General” if everything
done earlier, but the procedure in respect to them is in order and no action is required and should
12 | P. R. & P. Act

mention in his report only matters which can most Lucknow, all of which excepting the Police Motor
suitably be entered there for guidance of the Transport Workshop at Sitapur will remain under
district staff or the information of his successor. his administrative control. He will undertake the
On completing his inspection, he will at once take revisions of the Various Police Training Manuals
all such action as his powers permit to remedy and draft manuals when necessary.
defects and will refer to the Inspector General of Commissioner : Powers and Duties,
Police grave defects or questions of principle with
which he himself has not the power to deal. Para 5
According to the para 3 the Deputy Inspector Para 5 of the U.P. Police Regulations provides
General is responsible for the general supervision that the term “Commissioner” where ever it
of crime in his range. He must see that proper occurs in U.P. Police Regulations includes a
measures are taken to deal with serious out breaks, Collector, or Deputy Commissioner incharge of a
and must effect co-operation between districts. division.
For this purpose he must keep up registers of (1) The Commissioners of the division exercises
dacoity, (2) murder, (3) robbery, (4) poisoning and general power of supervision over the District
(5) miscellaneous cases in Inspector General’s Magistrates of their respective divisions in matters
form No. 138. relating to the Police as in the other branches of
He will submit to the Inspector General a administration.
fortnightly report of crime which will include any District Magistrate : Powers and
matters relating to his range of which he considers
that the Inspector General should be informed. To
Duties, Para 6 to 11
this will be attached a statement of dacoities According to para 6 the District magistrate is
giving very brief particulars of each case. He will the head of the criminal administration of the
forward to the Inspector General special reports of district, and in the capacity controls and directs
crime in exceptional case. Superintendents must the action of the police. He has special powers
report direct to the Inspector General as well as to with reference to the allocation of village
the Deputy Inspector General matters of specially Chaukidars in his district. He has departmental
important character regarding which Government powers in connection with the punishment of
may require immediate information for example, village chaukidars, and his approval is, necessary
serious breaches of the peace, collisions between to transfer of the inspectors and officers incharge
Europeans and Indians and important matters of a of police stations and he may recommend rewards
political nature, but so far as possible, the Deputy and entries in service and character rolls. Such
Inspector General will be the channel through part of the superintendent’s correspondence with
which the Inspector General will receive the Inspector General as relates to the buildings
information. On receipt of district annual and as concerns or affects the general
administration reports, the Deputy Inspector administration of the district by the District
General must prepare and submit to the Inspector Magistrate as Chief ‘Executive Officer, must pass
General a review for the whole of his range with a through the office of District Magistrate but it is
note on cases which deserve special mention in also provided that in the districts where the
the provincial report. Collector/Deputy Commissioner is incharge of the
The Deputy Inspector General of Police, division, his functions in regard to the transfer of
Education and Training will be responsible for Inspectors and officers incharge of police stations
supervision and cooperation of the work in the will be exercised by Additional District Magistrate
range Training Centres which he will inspect from Executive.
time to time. Apart from this, he will keep in Para 7 provides that The District Magistrate
touch with the latest methods of training should be promptly informed by the
introduced elsewhere and adopt them for use in superintendent of the occurrence of all serious
the police training institutions. crimes and of any sudden increase in the volume
He will also supervise training at the police of crime generally and should receive a fortnightly
training college, Morada bad, the armed police review of the crime in the district, it’s localization
Training centres as well as Police Motor Transport and causes, similar review of the crime generally
workshop at Sitapur and the wireless station at either fortnightly or monthly will be sent to DIG
 P. R. & P. Act | 13

in accordance with the range orders. The enforcing law and order, and to prevent injustice.
superintendent should also keep the magistrate He may direct any of his subordinate Magistrate to
informed of all the events that are of importance inspect police stations, but the third class
from a police point of view, and should frequently Magistrates should not ordinarily be directed to
seek an opportunity of discussing matters with inspect unless it is necessary as part of their
him personally. When both officers are not at training. An inspection book will be kept with
headquarters or on tour together frequent demi blank pages at every police station to be used by
official correspondence should take the place of Magistrate. A summary of crime in form no. 390
oral discussion. If the superintendent is on tour should be pasted on the inside of the cover of
and the District Magistrate is at head quarters, the every such inspection book. This book must be
police officer incharge of the headquarters should sent to the Superintendent of police whenever an
give the District Magistrate all important inspection note is made in it and will be farwarded
information which might otherwise not reach the by him to the District Magistrate for information.
Magistrate quickly enough through the super-
Para 10 says that the sanction of District
intendent. Magistrate is necessay to the expunction of a
According to para 7A whenever any instance crime from the crime register except railway
of inaction, corruption, harrassment, abuse of police cases, for the expunction of which the
authority and wrongful detention by the police sanction of the Deputy Inspector General of police
comes to the notice of The Districs Magistrate, he incharge of the railway police must be obtained.
shall have the authority to ask the superintendent
of police to institute an enquiry promptly and Para 11 provides that the powers of Super-
report the result to him alongwith the relevent intent or Assistant superintendent under Section
papers and records. If any member of the Police 30 of the Act V of 1861, in licensing and
Force is found at fault as a results of the inquiry, regulating prosecutions, must be exercised subject
the District Magistrate shall have the power to ask to the control of The District Magistrate.
the Superintendent of Police to take disciplinary
In most places where religious processions
action against him. He will also advise the
and public ceremonies such as the Moharram are
Superintant of Police about the adequacy or
permitted, the route and procedure to be followed
otherwise of the punishment awarded as well as a
are fixed by customs of long standing or have
result of the disciplinary proceedings. The District
been prescribed by the competent authority. In
Magistrate and the Superintendent of Police shall
such cases it is the duty of the police to see that
jointly review every month all such complaints
order is kept, and that no deviations are made
and the action taken there on.
from the route and procedure either to followed or
Para 8 provides that the District Magistrate in prescribed. If any section or the individual
the exercise of his powers of control should avoid member of the community decline to carry out
doing anything to weaken the Superintendent’s their processions or ceremonies at the time and in
authority. Differences of opinion should be the manner prescribed they should be informed
adjusted privately and no, friction between the two that they will not be allowed to carry them out
officers should be apparent. after the prescribed time, by any other route, or in
Para 9 provides that the District Magistrate any other manner.
should normally inspect each police station once In special cases not provided for by
during a financial year. However in those districts established custom or existing orders, the police
in which an additional District Magistrate is should apply for and follow the instruction of the
posted the District Magistrate may entrust the D. M. or in his absence, of the Sub Divisional or
inspection of less important police stations to him. other Magistrate empowered to pass an order
The District Magistrate should also see that the under Section 144 of the Code of Criminal
Sub Divisional Magistrates make at least once Procedure, where owing to the absence of a
detailed inspection and one surprise inspection of Magistrate, this is impossible, the officer in-
each police station in their sub divisions, during a charge must use his own discretion. Basing his
financial year. He must also impress on them that action a previous practice as far as this can be
their duty is two fold to support the police in ascertained.
14 | P. R. & P. Act

Superintendent of Police : Powers and police. The subjects prescribed for the memo-
Duties, Para 12 to 16 ranudm should be charged to meet police require-
Para 12 provides that the Superintendent of ments.
the Police is the head of the police force in the According to the provisions of para 15 the
district. He is responsible for its efficiency and English order book will be written up daily by an
discipline and for the proper performance of it’s officer not below the rank of Inspector, and signed
duties. He must see that orders of courts and other daily by the Superintendent, or, in his absence, by
competent authories are promptly carried out. the officer incharge of the head quarters. The
All communications between magistrates and Superintendent will on return to head quarters,
the police force must be conveyed through him, examine the entries and certify that he has
all orders and instructions issued to the police checked them for the period of his absence. The
must come from him. book will be retained for 45 years after its
completion, and in it will be entered every
Para 13 says that the Superintendent when at
executive orders concerning the internal economy
head quarters should attend his office on all
of the constabulary.
working days. He should ordinarily transact in his
office all official business, except such Each days record should open with an order
confidential matters as he thinks it proper to telling off the patrols for the night, and the day
dispose off at his residence. At his residence he officer of the reserve lines for the following day in
should be readily accessible to the members of the order concerning escorts, the numbers of
public who wish to visit him. prisioners or amount of treasure to be escorted
He should keep in touch with police should be invariably be stated.
pensioners residing in the district. The Para 16 provides that. All cognizable crimes
superintendent of police must see that each police reported at police station must find entry in the
station in his district is fully inspected by a English Crime Register. A separate portion of this
gazetted officer annually, in the manner laid down register shall be assigned to each police station,
in memorandum on the inspection of the police and, within that portion, to each of the six classes
stations by the gazetted officers, and he must
of crime specified in statement ‘A’ attached to the
himself visit every police station at least once a
year. Annual Administration Report. If any particular
crime, e.g., cattle theft is rife, the Superintendent
Touring need not be confined to the cold
may assign separate papers within the class to
weather, and, where inspection houses are
available, out laying police stations should be which it belongs.
visited during the hot weather and rains. The Superintendent may direct his reader to
The Superintendent of Police should himself fill up the first eight columns of the register, the
make a full inspection of each police station at columns of remarks he must fill up with his own
district headquarters in accordance with memo- hand; provided that he may direct an Assistant or
randum, if possible, once a year, but in any case at Deputy Superintendent incharge of sub division to
least once in every three years. keep up the portion of register relating to that sub
division, in which case such officer must fill up all
The superintendent must make an annual columns with his own hand. Entries in all columns
inspection of his reserve lines between July and must be made punctually as case diaries and other
the cold weather inspection of his district by the material papers becomes available. When the trial,
Deputy Inspector General. or, if there is no trial, the investigation in any case
The personal attendence of the Superitendent of importance, has come to an end the Superinten-
of police at yearly conference on excise matters is dent must decide on a complete review of the
essential. facts, what, if any notice favourable or otherwise,
Para 14 provides that the directions contained the conduct of the police deserves, and must make
in the Mannuals of Government Orders regarding a suitable final entry in the column of remarks. He
the preparation of a confidential memorandum by must also note in red ink in this column the names
a district officer giving over a charge of a district, of all persons suspected in case when in his
should be followed by the superintendent of opinion suspicion is reasonable.
 P. R. & P. Act | 15

Assistant and Deputy Superintendent ● No police officer may correspond with the
of Police, Para 17 Governor in council except through him
unless specially authorised by the rules.
Para 17 provides that Assistant and Deputy
Superintendents of Police may perform any of the ● As a matter of routine Director General is
superintendent’s work which he is not obliged by concerned only with Gazetted officers the
law or rule to do personally. They may make general allocation of staff and the general
inquiries and recommendations even when they distribution of funds, complete responsibility
are not empowered to pass final orders. They in regard to the non gazetted staff being
should go on tour and make inspections. Their delegated to Deputy Inspector General.
services should be used freely in the supervision ● The state has been divided into 7 zones, each
and direction of important investigations. An under one Zonal Inspector General of police.
officer who has obtained the certificate required ● Provisions relating to the senior police
by the para 528 must be placed in charge of part officers have been made in chapter 1 of the
of district under the superintendent’s control. U.P. Police Regulations under para 1 to 17A.
An Assistant Superintendent who has ● Provisions relating to Additional Inspector
qualified for the charge of a district will hold
General are made in para 1A.
charge of head-quarters, during the absence of the
Superintendent. When no such officer is available, ● The Additional Inspector General of police
the senior gazetted officer in length of service as will be incharge and supervising officer of the
gazetted ranks will normally hold charge. region under them and will give appropriate
Certain Assistant Superintendents and Deputy guidance to the Deputy Inspector General of
Superintendents of police enumerated in para 479 their region.
(f) are empowered, subject to certain restrictions ● Additional Inspector general has power to
to perform the duties of a superintendent of police transfer non gazetted officers of the region
under section 7 of the police act in so far as they under him.
relate to officers below the rank of Inspector. ● The inter region transfer will be done at the
All Deputy Superintendents of Police are police head quarter’s level as was done
empowored to perform the duties of a Super- earlier.
intendent of police under section 30 and 30A of ● He is also empowered to dispose off the
the Police Act. appeals, revisions and petition of employees
All Assistant and Deputy Superintendents of posted in the region under him.
Police officiating incharge of a district shall, until ● He has also powers to grant causal leave to
exempted by the Deputy Inspector General of Gazetted offices of the region which was
their range, submit to the latter for approval copies granted by the Inspector General of police till
of all standing circular, orders that they may now.
propose to issue, together with explanations where
necessary of the reason for these orders. ● Para 2 provides that certain Inspector General
are incharge of ranges of districts and each of
Important Facts on Superior Officers them is responsible for the efficiency of
of Police police in his range and must see that a proper
● In U.P. The Director General is the head of level of district Administration is maintained.
Police Department. ● The Deputy Inspector General is responsible
● Director General is the adviser of the for the general supervision of crime in his
Governor in council on all questions of police range and he must see that proper measures
administration. are taken to deal with serious out breaks and
● All orders from the Governor in council to a must effect cooperation between districts.
member of police force are issued through ● For this purpose the Deputy Inspector General
Director General except in the cases of the must keep up registers of dacoity, murder,
urgency when copies of any order are issued robbery, poisoning and miscellaneous cases in
direct to subordinate officers are sent to him. the form No. 138.
16 | P. R. & P. Act

● He will submit to the Inspector General a fort- divisions in the matters relating to the police
nightly report of crime which will include any as in the other problems of the administration.
matter relating to range of which he considers ● Provisions relating to District Magistrate have
that the Inspector General should be been made in para 6 to 11. He is the head of
informed. the criminal administration of the district and
● The Deputy Inspector General of Police, in that capacity controls and directs the action
Education and Training will be responsible of the police.
for supervision and cooperation of work in ● The District Magistrate has special powers
the wrong training centres and which he will with reference to the allocation of village
inspect from time to time. Chaukidars in his district.
● He will also supervise training at the police ● He has departmental power in connection
training college. Moradabad, the Armed with the punishment of Village Chaukidar,
Police training centre as well as the Police and his approval is necessary to the transfer of
motor Transport works shop at Sitapur and Inspectors and officers incharge of police
wireless station at Lucknow. stations and he may also recommend rewards.
● Para 5 provides that the term ‘commissioner’ ● Whenever any instance of inaction, corru-
ption, harassment, abuse of authority and
where ever it occurs in the Police Regulations
wrongful detention by the police comes to the
includes collector or a Deputy Commissioner notice of the District Magistrate, he shall have
in charge of a division. the authority to ask the superintendent of
● The commissioners of divisions exercise police to institute an inquiry promptly and
general powers of supervision over the report the result to him along with all relevant
District Magistrates of their respective records and papers.

Objective Questions
1. Who is the head of Criminal Administration (C) Commissioner of Police
in a District ? (D) District Magistrate
(A) Superintendent of Police
5. The numbers of Police Inspector General
(B) District Magistrate zone in U.P. are?
(C) Additional District Magistrate (Admini- (A) 7 (B) 9
stration)
(C) 5 (D) 13
(D) None of the above
6. Who is the adviser of Governor in Council on
2. Who is the head of police force of the district? all questions of police administration ?
(A) District Magistrate (A) Commissioner
(B) Superintendent of Police (B) Superintendent of Police
(C) Director General (C) Director General of Police
(D) Commissioner (D) Secretary of Home Ministry
3. Head of the police department in U.P. is? 7. All orders from the Governor in Council to a
(A) Director General member of the police are issued through—
(B) Superintendent of Police (A) Director General
(B) Superintendent of Police
(C) Commissioner
(C) Additional Inspector General
(D) District Magistrate (D) All above
4. Who was the head of police department prior 8. Provisions relating to senior officers of police
to 1981 in U.P.? are made in para—
(A) Director General of Police (A) 1 to 5 (B) 1 to 17
(B) Inspector General of Police (C) 1 to 17A (D) 1 to 20
 P. R. & P. Act | 17

9. In para 5 the term ‘commission’ includes— 16. Match the list A from list B and answer the
(A) A Collector following question with the help of code
given below—
(B) A Deputy Commissioner
List A (Authorities)
(C) (A + B) both
(a) Commissioner
(D) Inspector (b) District Magistrate
10. Who is the head of the criminal administra- (c) Additional Inspector General
tion of police in district? (d) Superintendent of Police
(A) District Magistrate List B (Para)
(B) Commissioner 1. Para 5
(C) Director General 2. Para 6 to 11
(D) Superintendent of Police 3. Para 1A
4. Para 12 to 16
11. Who was special powers with reference to the Code :
allocation of Village Chaukidar in district ? (a) (b) (c) (d)
(A) Commission (A) 2 3 4 5
(B) Officer incharge of police station (B) 4 3 1 2
(C) Inspector General (C) 1 2 3 4
(D) District Magistrate (D) 3 4 2 1
17. All cognizable crimes reported at police
12. The para of U.P. Police Regulations which stations must find entry in—
provides for Assistant to the Inspector (A) English crime register
General, Government Railway Police—
(B) General Diary
(A) Para 5 (B) Para 6
(C) (A + B) both
(C) Para 4 (D) Para 7 (D) None of the above
13. Who among the following authorities has 18. Provision relating to Senior Public Prosecutor
powers in connection with the punishment of are made in—
Village Chaukidar ? (A) Para 17 (B) Para 17A
(A) District Magistrate (C) Para 17B (D) Para 18
(B) Commissioner
19. Consider the following facts relating to Senior
(C) Police station’s incharge Public Prosecutor—
(D) All of above 1. Senior Public Prosecutor is incharge of
the police prosecution branch of the
14. Who is responsible for the general super-
district
vision of crime in his range?
2. He will ensure that the briefs and
(A) Deputy Inspector General acquittal reports in all cases are prepared
(B) Commissioner in time and charge sheets are promptly
(C) District Magistrate sent to courts
(D) None of the above 3. He should keep a close watch on the
prosecution of all Sessions cases
15. Whose approval is necessary to the transfer of 4. He may grant casual leave to all Assistant
Inspectors and officers incharge of police Public Prosecutor.
stations? Correct statements are—
(A) District Magistrate (A) 1, 2 and 4
(B) Commissioner (B) 2 and 3
(C) Director General (C) 1, 2, 3 and 4
(D) All above (D) 2, 3 and 4 only
18 | P. R. & P. Act

20. The English Order Book will be written up 2. (B) 3. (A) 4. (B) 5. (A) 6. (C)
daily by— 7. (A)
(A) An officer not below the rank of 8. (C) Provisions relating to senior officers of
Inspector police have been made in para 1 to 17A. Para
(B) Circle Inspector 17A provides for senior public prosecutor
(C) Commissioner who is incharge of the police prosecution
(D) None of the above branch of the district.
9. (C) 10. (A) 11. (D) 12. (C) 13. (A)
21. Who will make transfer of non gazetted 14. (A) 15. (A)
officers of the region under them—
16. (A) Provision relating to commissioner have
(A) Additional Inspector General been made in para 5 while para 6 to 11
(B) Commissioner provides for District Magistrate and para 1A
(C) Circle Officer makes provisions about Additional Inspector
(D) None of the above general. Provisions relating to Superintendent
of police are made in para 12 to 16.
Answers with Explanation 17. (A) 18. (B) 19. (C) 20. (A)
1. (B) According to para 6 of U.P. Police 21. (A) According to para 1A the transfer of non
Regulations the district magistrate is the head gazetted officers of police force are made by
of the criminal administration of the district Additional Inspector General but the inter-
and in the capacity he controls and directs the region transfers will be done by the head
action of police. quarter’s level as was done earlier.

●●●
Part II
Reserve Inspectors and Reserve Sub Inspectors,
Circle Inspectors, Sub Inspectors and
Under Officers of the Civil Police
Para 18 to 64

1. Reserve Inspectors and Reserve Sub musketry and revolver course on occasion when
Inspectors, Para 18 to 24 he is not released of there duties by the
Superintendent, Assistant or Deputy Super-
According to para 18 of the U.P. Police intendent.
Regulations the Reserve Inspector is the officer
incharge of reserve lines. He must till off and According to para 22 he shall occasionally
Inspect all guards and escorts required from the visit by day and night all guards and sentries at
Reserve lines and the that officers in command are head quarters deputed from the reserve lines,
thoroughly acquainted with their duties. He shall reporting such visits to the superintendent on the
parade any party of the police about to be sent out same or the next day, he must daily visit the
of the district for special duty, and see that they treasure magazine and lock up guards and enter a
are properly equipped and have sufficient kit with note of each such visit in book provided for the
them. He shall see that the daily roll call is held.
purpose.
He must see that the roster of duties is correctly
maintained by the Company Commanders for all He shall command guards attending
officers and men of the armed police and for such executions of capital sentences and should
of civil police as are posted in the Reserve lines, accompany European troops on the march when
and he is personally responsible that the duties of he can be spared, for his duties in these respects.
all men in the reserve are correctly and fairly Para 23 provides that he may be employed to
distributed. He must write the first two columns of command escorts and guards on special occasions,
the Roster in English or have them written by a when his presence is considered necessary on
Reserve Sub Inspector and he must initial and date account of the danger of a disturbance or the
the roster daily. He must daily submit to the importance of the charge, or for ceremonial
Superintendent a morning report in form No. 30. purposes. He may be instructed for the
He is entitled to an order by peon, but not to a maintenance of law and order or for administrative
police orderly or to a guard on his house at night. purposes with any executive duties which the
Para 19 provides that he is responsible for the superintendent thinks fit to assign to him. A
safe custody of the clothing, accoutrements, arms, European Inspector should be employed if
ammunitions, tents and stores in the reserve, and possible when action has to be taken against
for the correctness of the registers maintained for Europeans, and if, the circumstances of the case
them. requires his agency, when process has to be served
According to para 20 he is responsible for on them or communication made to them,
training of recruits and for the instruction and European Inspector may be directed to investigate
exercise of the whole force in drill. cases in which Europeans are concerned but
Para 21 says that he shall hold the weekly kit should not be employed in other investigations
inspection and be present at the firing of the annual except in every special circumstances.
20 | P. R. & P. Act

2. Reserve Sub Inspector, Para 24 The Circle Inspector will also draw up a
Para 24 provides that the Reserve Sub monthly survey of crime in his circle in which he
will show what measures he has initiated during
Inspector must give the Reserve Inspector any
the month for the prevention and election of
assistance which the latter requires in the crimes and any further action still required. This
management of reserve and may be told off by the survey should be police station wise and should go
superintendent to command escorts and guards, to through the circle officer to the superintendent of
regular traffic to maintain order at places of resort police.
to patrol roads, to visit guards and sentries and to He must make himself acquainted with the
perform any of the duties mentioned in this people and acquire local knowledge of every part
chapter. The superintendent may allow the of his circle.
Reserve Inspector to tell off the Reserve Sub Para 41 provides that it shall be the duty of
Inspector for the duties. circle Inspector—
3. Circle Inspectors, Para 40 to 42 (i) To keep up the superintendent informed of
every occurrence in the circle which the
Provisions relating to circle Inspector’s has superintendent or the district magistrate ought to
been made in chapter 12 of the U.P. Police know of, in the interest of administration. It is
Regulations under para 40 to 42. specially his duty to report any feeling of dis
Para 40 provides that the principal duty of the affection towards the measures of govt. and the
Circle Inspector is to supervise the investigation spreading of any movement, scare or rumour
and prevention of the crime, to coordinate which may cause trouble, if not checked.
preventive and detective works in the police (ii) To taken command of a police force
circle, co-operating with other Circle Inspectors employed in suppressing a riot or otherwise
for this purpose and to see that the police and actively maintaing order when he is the senior
more particularly the station officers sub ordinate police officer present.
to him, perform their duties honestly and
efficiently. His energies must not be dissipated in (iii) To keep a diary in form no. 3 recording
unnecessary clerical work in connection with his his movements and also a confidential note-book
office or with the inspection of police stations. recording notes on all matters which he has to
bring to the notice of superintendent but can not
He will maintain a crime register for his circle suitably mention in his inspection reports.
and will receive copies of all first information
(iv) To inspect shops licensed under The
reports of cognizable crimes direct from the police
Arms and Explosive Act.
station but his notes in the register should be an
index of action taken for the election and (v) To keep the superintendent informed of
prevention of organised and serious crimes and the conduct of the sub ordinate police of his circle
the register should not be swamped with details and of the manner in which they perform their
regarding petty offences. He will inspect each duties and to make such preliminary inquiries in
police station in his circle once a year following departmental cases as the superintendent may
the instructions given in the memorandum on the direct.
inspection of police station by Circle Inspector Para 42 provides that in districts where the
paying attention chiefly to matters connected with number of police stations is in the opinion of
the prevention and detection of crime. He should Inspector General too great in proportion to the
visit the scene of occurrence and guide number of Circle Inspectors for the latter to
investigation in all important cases and may be exercise the full control required by para 40 and
deputed by the superintendent to conduct 41. The Circle Inspector will be relieved of certain
investigations himself. Whenever he attends an responsibilities as provided in para 42.
investigation he will not only sign the case diary
for the time of its attendance but must also record
4. Sub Inspector : Officer Incharge of a
therein in detail all instructions which he may find Police Station
it necessary to give the investigating officer Provisions relating to Sub Inspector have
regarding the future conduct of the case. been made in chapter V under para 43 to 50.
 P. R. & P. Act | 21

Para 43 of the U.P. Police Regulation money transaction and entries made in his absence
provides that the officer incharge of a police must be checked by him on his return and the
station is a Sub Inspector. Within the limits of his result of the check must be noted in the cash book.
charge he conducts the police administration and When he deputes a subordinate officer to make an
has authority over all branches of the force. He is investigation under P. 157 of the Code of Criminal
responsible for the efficiency of his subordinate Procedure, he must see before forwarding the
for the proper performance of his duties and for report required by section 173 that the
the correctness of all registers and records, returns investigation has been properly made.
and reports prepared by them. He is responsible Under para 49 the making and taking over
for the safe custody of all government money and charge of the station officers duties shall be
valuable property at the police station and for the recorded in the general diary and the entry shall be
correct maintenance of his account books. He signed by both officers.
must instruct them in their work keep them under
control and maintain discipline. When the officer temporarily incharge of a
station is a head constable, he will not exercise the
Para 44 provides that he must acquire a
powers of an officer incharge of a police station
thorough local knowledge of his charge and
under section 157 of the Code of Criminal
become acquainted with all the principal people in
Procedure except in a case of extreme urgency.
it. He should treat village headman with courtesy
and try to secure their cordial assistance. He must Para 50 provides that whenever of permanent
be considerate to Village Chaukidar and charge of a station officer takes place a formal
encourage them to give him information. He must charge certificate shall be submitted by the
keep a strict watch on bad characters to prevent relieving officer to the superintendent in form no.
them from committing offences either within or 299.
without the limits of the station. He communicate A copy of the list of all government property
intelligence promptly to his superiors and to including Arms and Ammunition at the police
officer incharge of other police stations, using the station shall be attached to the certificate and the
telephone, or telegraph, if available. relieved officer must explain any deficiencies or
Para 45 provides that he must keep a damage that may have occurred during his tenure
confidential note book in the prescribed form and of office.
record therein useful information which will not
find a place in any official register e.g., the name 5. Subordinate Sub Inspector, Para 51
of persons who will give secret intelligence
confidential remarks about sub ordinate and According to para 51 the second officer at a
others. He shall make his note books over his police station is a sub Inspector. His duties are—
successor. (i) To assemble the morning parade.
Para 46 says that he shall drill his sub (ii) To tell the subordinates for duty according
ordinate to the extent prescribed by para 546. to the directions of the officer incharge to give
Para 47 provides that he may allow his sub them instructions and to see that their duties are
ordinates to go off duty and leave the station properly performed.
house when they can be spared but if he allows
any officer to be absent for the might he must (iii) To report the officer incharge all defects
record the reason in the general diary. or omissions in the performance of duties by sub-
ordinates.
Para 48 provides that during his presence at
the station house he shall personally open the post (iv) To investigate cases made over to him by
and receive all orders, communications and report officer incharge and to report to him the result of
sent or made there, he shall sign the general diary, investigations.
arrange for the duties of the day and give any
(v) To drill the police attached to the station.
direction that may be required, he shall inspect the
malkhana daily. He shall check the account books, (vi) To obey the orders of the officers in-
compare them with relevant entries and in general charge and to see that these orders are obeyed by
diary and verify the cash balance, daily. The the subordinate officers of the police.
22 | P. R. & P. Act

6. Head Constable—Station Writer, The making over and taking over the charge
Para 55 to 57 of the station writers duties shall be recorded in
the general diary the entry shall be signed by the
According to para 55 the head constable relieved and relieving officer.
station writer is the office clerk, record keeper and
the accountant of the police station. His duties 7. Head Constable Incharge of out Post,
are— Para 58 to 59
(i) To write up general diary and the first According to para 58 the Head constable of
information reports of crime. an out post is responsible for the orderly conduct
(ii) To maintain the Vernacular cash book and and discipline of the constables under his charge.
other accounts books and to be responsible along He shall inspect them at day break and at sunset
with officer incharge of the police station, for the everyday, he shall tell them off for duty and see
safe custody of all government moneys and that they do their work properly. He shall be in
valuable property at the police station. constant communication with the officer incharge
of station and shall immediately report to him
(iii) To bring every morning to the notice of
cognizable crimes and important occurrences and
the officer incharge all order pending execution.
shall make at intervals fixed by the Super-
(iv) To record on their boards the attendance intendent, periodical reports on the discipline of
of village Chaukidars when they make their his subordinate and performance of his duties. He
periodicals visits to the station and to make entries may not make investigation but may hold inquest
in their books when entries are required. when specially empowered by the Superintendent
(v) To read aloud constables to constables of Police to do so.
notifications in the police gazette and criminal Para 59 provides that the sphere of action and
intelligence gazette and such other papers as the the special duties of the police at each outpost will
officer incharge may select. be determined by the officer incharge of the
(vi) To compile returns, acquaintance rolls station under the orders of the superior authorities.
and pay abstracts, prepare registers and do any The system of patrolling will be prescribed.
other clerical works which may be assigned to him 8. Constables, Para 60 to 64
by the officer incharge.
Para 61 provides that constable of the civil
(vii) To keep all books and records.
force will not be armed except on special
(viii) Where there is no second officer, to occasions. Their principal duty is to prevent
perform the duties mentioned in the paragraph 51 crimes.
except 4.
They must be courteous and considerable to
(ix) To hold inquest under section 174 of the the public whose servants they are. Every
Code of Criminal Procedure if specially empo- constable on duty except when deputed on special
wered by the Superintendent of Police to do so. detective work requiring disguise, shall bear the
Para 56 provides that other literate police prescribed uniform.
officer attached to the station will give the station Para 62 says that there shall be a gentry for
writer such assistance in the discharge of his night and day at each police station and if shall be
duties as the officer in charge may direct. his duty to guard the prisoners in the lock up, the
According to para 57 when a head constable treasure chest and malkhana and all property in
is in the charge of station and has to make the station. The officer incharge will allot the
investigation under Section 157 of the Code of sentry duty distributing brass tokens. Numbered
Criminal Procedure, he shall make over his consecutively, among the men told off. Sentry
clerical duties and if he leaves the station, station duty will be distributed twice a day, in the
charge, to the next senior literate head constable morning and evening. The term of Sentry duty
or constable and carry on the investigation until he will be three hours. Sentries must be posted and
is relieved by a Sub Inspector or the work is relieved by a Sub Inspector or the head constable
finished. On the other occasions may a head during the day time and also at night unless there
constable make an investigation. are no prisoners in lockup and no important cash
 P. R. & P. Act | 23

property and there are less than Rs. 500 in the ● He will maintain crime register for his circle
malkhana. and will receive copies of all first information
Where it is necessary for an officer to post reports of cognizable crimes direct from
and relive sentries at night the evening report of police station.
distribution of duties must show which officer will ● He should also visit the scene of occurrence
do it so. and guide investigation in all important cases
When prisoners are to be admitted or and may be deputed by the superintendent to
removed from the lockup the senior officer conduct investigation himself.
present will open it himself or have it opened in
his presence. ● The circle Inspector will also draw up a
monthly, survey of crime in his circle in
The duties of each station should be allotted which he will show what measures he has
fairly every day so that each mam may have in initiated during the month for the prevention
turn his portion of night and day duty and of hard and detection of crime.
and easy duty.
● The circle Inspector has a duty to keep a diary
According to para 63 police station circle
in form no. 3 recording his movement and
shall be divided into beats and one more constable
also a confidential note book recording notes
appointed to each beat. A constable shall not be
on all matters which he has to bring to the
sent out unless charged with some specified duty
notice of Superintendent.
but when sent he should be instructed to make
inquiries on his way about persons under ● He has also a duty to inspect shops licensed
surveillance absconded offenders, wandering under Arms and Explosive Act.
tribes and passing events, on return to the station
● Circle Inspector has also a duty to take
house he should make a report to the officer in-
charge. command of a police force employed in
supressing a riot or otherwise actively
Para 64 provides that district police are maintaing order when he is the senior police
entitled where on duty to appear and to remain on officer present.
the platforms of railway stations. A station master
has no power to order the removal of a district ● According to para 43 the officer incharge of a
police constable who may be on duty at his police station is a Sub Inspector.
railway station. Every plain clothes constable of ● Within the limits of his charge he conducts
the district police sent on a duty to a railway shall the police administration and has authority
carry a written general order from the Sub over all branches of all forces.
Inspector deputing him and must produce it before
the station master if required. ● Sub Inspector is responsbile for the efficiency
of his subordinates for the proper per-
Important Facts on Circle Inspectors, formance of their duties and for the
Sub Inspectors and Under Officers of correctness of all register records, returns and
the Civil Police reports prepared by them.
● Provisions relating to circle Inspectors have ● Under para 44 it is his duty to acquire a
been made in chapter IV of the Police thorough local knowledge of his charge and
Regulations under para 40 to 42. become acquainted with all the principal
● The main duty of the Circle Inspector is to people in it.
supervise the investigation and the prevention ● The Sub Inspector must keep a confidential
of the crime, to coordinate preventive and note book in the prescribed form and record
detective work in police circle, cooperating therin useful information, which will not find
with other circle inspectors for this purpose a place in any official register e.g., the names
and to see that the police and more of persons who will give secret intelligence
particularly the station officers subordinate to confidential remarks about sub ordinates and
him, perform their duties honestly and others. He shall make this notebook over to
efficiently. his successor.
24 | P. R. & P. Act

● The second officers of a police station is a government money and valuable property at
Sub Inspector. His main duty is to assemble the police station.
the morning parade. ● He has also a duty to hold inquest under
● Para 52 provides that there can be no second Section 174 of the Code of Criminal
Procedure if specially empowered by the
officer at a station where the officer incharge
Superintendent of Police to do so.
is the only Sub Inspector.
● Para 58 provides that the head constable of an
● Where there are more then two Sub out post is responsible for the orderly conduct
Inspectors those junior to the second officer and discipline of the constable under his
will perform such duties as are made over to charge.
them by the officer incharge. ● Para 59 provides that the sphere of action and
● According to para 55 the head constable the special duties of the police at each out
station writer is the office clerk, record keeper post will be determind by the officer incharge
and accountant of the police station. of the station under the order of superior
● It is the duty of head constable to write up officers.
general diary and the first information report ● Para 61 says that constable of the civil police
of crime. will not be armed except on special occasions.
● He has also a duty to maitain the vernacular ● Their main duty is to prevent crimes.
cash book and other account books and to be ● Every constable on duty except when deputed
responsbile along with officer incharge of the on special detective work requiring disguise
police station, for the safe custody of all shall bear the prescribed uniform.

Objective Questions
1. Provisions relating to Reserve Inspector and 2. He must tell off and inspect all guards
Reserve Sub Inspectors are made in— and escorts required from the reserve
(A) Chapter I lines
(B) Chapter II 3. He is responsible for the safe custody of
(C) Chapter III clothing, arms, ammunitions, tents and
(D) Chapter IV stores in reserve lines.
4. He shall command guards attending
2. Who is the officer in charge of reserve lines ?
executions of capital sentences
(A) Reserve Inspector
(B) Sub Reserve Inspector The correct statements are—
(C) Public Prosecutor (A) Only 2 and 3
(D) All above (B) Only 1 and 2
3. Provisions relating to Reserve Inspector and (C) Only 1, 2 and 3
Sub Reserve Inspector are contained in— (D) All of these
(A) Para 18-30 (B) Para 18-24 6. What type of officer is a Reserve Inspector in
(C) Para 20-30 (D) Para 15-24 the reserve lines according to the U.P. Police
4. Provisions relating to pubic prosecutors and Regulation ? (UPAPO 2006)
their sub ordinates have been made in (A) A General Officer
chapter— (B) Officer incharge
(A) II (B) I (C) Deputy Chief Officer
(C) III (D) IV (D) None of the above
5. Consider the following facts carefully— 7. The officer incharge of a police station is
1. Reserve Inspector is the officer incharge called ?
of reserve lines (A) Sub Inspector
 P. R. & P. Act | 25

(B) Subordinate Inspector 3. To supervise investigation and prevent

(C) Head constable crime
(D) Station writer Code :
(a) (b) (c)
8. Who is the station writer of a police statoin ?
(A) 1 2 3
(A) Constables (B) Head constable
(B) 1 3 2
(C) Sub Inspector (D) None of these
(C) 3 2 1
9. Whose duty is to write up general diary and (D) 2 1 3
first information report of the crime under the
U.P. Police Regulation ? 13. Whose duty is to maintain a crime register for
his circle ?
(A) Head constable
(B) Subordinate Sub Inspector (A) Sub Inspector
(C) Constable (B) Circle Inspector
(D) All of the above (C) Outpost Incharge
10. Which para of the U.P. Police Regulation (D) None of the above
provides that constables of civil force will not 14. The term ‘Officer in charge of a police
be armed except on special occasions ? station’ has been defined in ?
(A) Para 60 (B) Para 62 (A) In U.P. Police Regulation
(C) Para 61 (D) Para 65 (B) In Section 2 (0) of Criminal Procedure
11. Consider the following facts relating to Sub Code
Inspector— (C) In Police Act 1861
1. He must acquire a thorough local (D) None of the above
knowledge of his charge and become
acquainted with all the principal people 15. Who is the incharge of an out post according
in it to the U.P. Police Regulations ?
2. He must keep a confidential note book in (A) Head constable
the prescribed form (B) Station writer
3. He may allow his subordinates to go off (C) Circle Inspector
duty and leave the station house (D) None of the above
Correct statements are—
(A) Only 1 and 2 (B) Only 2 and 3 Answers with Explanation
(C) Only 1 and 3 (D) 1, 2, 3 all 1. (B) 2. (A) 3. (B) 4. (C) 5. (D)
12. Match list I with list II and answer correctly 6. (B) Accoding to para 18 the Reserve Inspe-
of the question using the code below— ctor is the Officer incharge of the Reserve
lines
List I
7. (A) 8. (B) 9. (A) 10. (C) 11. (D)
(a) Officer incharge of a station
12. (A) Officer incharge of a police station is
(b) Head constable called Sub Inspector. While the station writer
(c) Circle Inspector is the head constable and the main duty of
List II Circle Inspector is to supervise and protect
1. Sub Inspector crimes.
2. Station writer 13. (C) 14. (B) 15. (A).

●●●
Part III
Armed Police, Armed Training Reserve, Mounted
Police, and Village Police
Para 65 to 96 A

1. Armed Police Powers and Duties, when armed police are deputed at head quarters,
Para 65-72 unless there are good reasons to the contrary of
the Superintendent of police will be responsible
Provisions relating to Armed police are made
for the police arrangements and a gazetted officer
in chapter VI of the police regulations in para 65-
or an Inspector should, when possible, be placed
72.
in command of the armed police employed. In the
Para 65 provides that the Armed police are rural area also a gazetted officer or inspector
intended for the protection of treasuries tahsils and should be placed incharge when there is reason to
lockups, for the escort of treasure, prisoners and apprehend serious trouble.
government property for service on magazine and
It is invariably the duty of the superintendent
quarter guards, for the suppression and prevention
to satisfy himself that the officers who will have
of disorder and crimes of violence and for the
the control over or who will command the armed
persuit and apprehension of dangerous criminals.
police are sufficiently responsible and competent.
This branch of the force is under the special
(2) Police armed with fire arms should
charge of Deputy Inspector General who are
ordinarily not be used on occasion of processions
responsible that superintendents maintain
other ceremonies except as a reserve force to deal
discipline and efficiency.
with a possible disturbance. The position such a
Para 66 provides that Sub Inspector of the reserve force should take will be governed by
Armed Police Command, important guards and special circumstances and instructions below.
escorts, maintain discipline and order in the police
(3) Bodies of Armed police should never
lines, give instruction in drill, musketry and guard,
escort processions. They should be at point where
duties, visit guard and sentries by day and night,
there is danger of disturbance or should be held in
take the roll call of men in the lines and get
reserve as a moving picket either in front or in rear
generally under the orders of reserve Inspector.
of the possession where they are at beast danger of
According to para 67 head constable of the being thrown in confusion by the mob and can be
Armed Police are employed to command guards kept under the control of the officer in command
and escorts, to give instructions in drill and and of their under officers. As far as possible, the
generally to perform the duties which could armed detachments should consists of both Hindus
develop on non commissioned officers in the and Mohammedons in normal proportions and in
Army. When incharge of the out posts they will portion of under officers to men should be as high
follow the instructions given in para 58. as possible. Only ball ammunition should be
Para 68 says that magistrates who has served out for use on such occasions.
occasion to give discretions, in a riot or affray, to (4) It is the duty of the Superintendent of
police, should communicate their orders to the Police on the occasion of all such deputations of
police through the police officer in command. both armed and civil police, to assign the duties
Para 69 (1) provides that on occasion of which officers and men have to perform. Clear,
important processions or religious ceremonies general and special orders should be drawn up
 P. R. & P. Act | 27

communicated, showing definitely the positions of Section C : Main Principles Governing

each body of police and the duties they have to the Use of Force
perform. Such order should be made out for all
such occasions when police are employed and The main principles governing the use of
should remain on record for future guidance. force of any kind are—
When for any reason, it is found necessary to (1) The magistrate, if present and the senior
depute police for the first time or to augment the police officer should act throughout in cooperation.
strength usually employed it is imperative that (2) All attempts to disperse a crowd by
special orders on these times should be prepared warnings and exhortation shall be made before it
and issued. is ordered to disperse.
Para 70 of the police regulations provides
(3) Once the order to disperse has been defied
following instructions regarding the use of force
or when after the order has been given the attitude
by the police against the crowds.
of the crowd remains defiant, force shall be used.
Section A : Legal Authority (4) If a magistrate is present, the responsi-
The legal provisions regulating the use of bility for using the force shall rest with him and it
force are provided in chapter X and Sections 129 is for him to direct the senior police officers to use
(1) and (2) of the Criminal Procedure Code. These force. If no magistrate is present the responsibility
legal provisions apply to the use of force in the will rest with the senior police officers.
dispersal of an unlawful assembly and also an (5) The magistrate if present or if no
assembly of 5 or more persons which though not magistrate is present. The senior police officer is
an unlawful assembly within the meaning of responsible for seeing that the minimum force
Section 141 IPC is such as is likely to cause a necessary for the effective of the crowd and the
disturbance of the public places. making of necessary arrest is used.
Any officer in the charge of a police station or (6) The kind and the duration of force used
the police officer of a higher rank has power, shall subject to the reservation in clause 7 be
independently of the authority of a magistrate, to decided by the senior police officer and the least
call upon an assembly as specified above to deadly weapons, of which the circumstances
disperse, and to use force to disperse it. permit, shall be used. No ulterior object, such as
For the purpose of section B, C and D of this punitive or repressive effect, shall be taken into
para magistrate means—(a) If a gazetted police consideration.
officer is present “any Ist class magistrate”. (7) The use of for a must cease immediately
(b) If no gazetted police officer is present the object has been obtained. The magistrate if
“any magistrate other than an honorary or special present, has power to decide when sufficient force
magistrate”. has been applied. He should make this decision
after consultation with the senior police officer.
Section B : Action, when Attendance of
Magistrate can/cannot be secured Section D : Rules Governing the Use of
When a magistrate is present or can be Firearms
communicated with without such delay as would (1) Fire shall be opened only if the magistrate
prejudice the situation, assembly shall not be or if no magistrate is present, the police officer in
called upon to disperse nor shall force be used to charge deems it absolutely necessary to open fire
disperse it without the orders of such magistrate. for the protection of life and property.
If the presence of a magistrate cannot be secured
without such delay as would prejudice the (2) If magistrate is present, the responsibility
situations, the senior police officer present, having for ordering the use of firearms will rest with him
powers of an officer incharge of a police station or and he will direct the senior police officer present
higher powers, shall act on his own responsibility to open fire.
but shall as soon as possible, communicate with (3) When the magistrate has ordered the
and report his action to the nearest magistrate and senior police officer to open fire, he shall not
to the superintendent of police. fetter the discretion of that officer by prescribing
28 | P. R. & P. Act

the number of rounds to be fired. The senior careful check should be made of fired and
police officer will invariably give the order to fire missing. Cartridges and the number of rounds
and be responsible for controlling such fire. fired and the result must be noted. This should be
(4) The order to stop firing shall be given by done by each under officer for his section at once
the senior police officer as soon as the crowd and he should ascertain further that all men are
shows a disposition to retire or disperse. present directly firing ceases. The senior officers
present should satisfy himself personally that has
The magistrate if present, has power to order been done. Each under officer should be made
the senior police officers to stop firing, such order personally responsible for his men and
should be given after consultation with the senior indiscriminate firing or independent action, should
police officer. in ordinary circumstances by severally dealt with.
(5) Whenever firing has taken place, the Para 71 provides that A requisition for armed
senior police officer present shall unless the duty police in excess of the district allocation should, if
is taken over by a magistrate, record detailed possible be made to the Deputy Inspector general
information the event leading to the firing, the at least 6 weeks before the date on which the
reason why firing was considered necessary the additional force is required and will be sent
consequences of the firing with particulars of the through the District Magistrate and Commissioner
dead and injured and all other relevant details. provided that the case where this will cause delay
Section E : For Detailed Instruction for application may be made semi officially after
the Guidance of Police Officers when consultation with the District Magistrate. Armed
the use of Firearms is Necessary Police should not be paraded as a demonstration
on very slight occasion but used only when the
In order that the decision to open fire may be civil police are obviously unable to cope with a
promptly acted upon without loss of control or situation. Armed police must be restricted to their
confusion, the senior police officer shall as soon proper duties and not dispersed in small out posts
as it appears likely that the use of fire arms will be where they are of little use.
necessary, till of a detachment of armed police to
be held in readiness. When fire is to be opened, Para 72 provides that six constables of armed
the senior police officer shall decide the minimum police are supplied by the superintendent of
volume necessary to be effective in the police. Lucknow as bicycle orderliness to the
circumstances and shall accordingly give precise Governor etc.
order as to the particular men or files who are to 2. Armed Training Reserve, Para 73-78
fire and whether volleys or independent aimed
shots are to be fired and shall ensure that his order According to para 73 A reserve of the armed
are not exceeded and that no firing contrary to or police is maintained in every district. It’s strength
without orders taken place unless under officers is fixed for each district.
and men find themselves obliged to fire in the According to para 74 service in the armed
exercise of their right of private defence. Only one reserve must be assigned by roster so as to pass
volley should be ordered at a time except in case every member of the armed police though the
of extreme urgency, and firing shall cease the reserve in turn. The period of service should not
instant it is no longer necessary. The objective exceed two months. The reserve should be
should be clearly indicated and whatever volume relieved in bloc but for special reasons the
of fire is ordered. it shall be applied with the superintendent may order a men to serve in the
maximum of the effect. The aim must be kept low reserve for a second consecutive period.
and directed against the most threatening parts of
Para 75 provides that the superintendent may
the crowd. Firing must never be in the air or over
the heads of or at the fringes of the crowd as assign men to leave to the reserve but the
thereby the crowd will merely be encouraged to proportion of such men must not exceed 11/85 th
further violence. For the same purposes blank of the reserve. Leave may be granted to a member
cartridges must never be served out to police of the reserve only when it is very urgently needed
employed or likely to be employed against a on accounts of illness or specially urgent private
crowd. After the command. ‘stop firing’ unload a officers.
 P. R. & P. Act | 29

Recruits with not less than a years service 3. Mounted Police, Para 79-88
may be assigned to the reserve but the proportion Para 79 prescribes, the following duties for
of such recruits must not exceed the actual the mounted police.
proportion of recruits with not less than a years
(1) Patrolling roads.
service to the total sanctioned strength of the
armed police. (2) Escorting prisoners and Treasure.
(3) Conveying communications of special
When the total number of vacancies in the
urgency.
Armed police exceeds 20% of sanctioned strength
and the number of recruits with less than one (4) Following up criminals.
year’s service exceeds the number of recruits with (5) Suppressing organised dacoity or other
more than one year’s service may be regarded as disturbances.
efficient constables for purpose of assignment to (6) Ceremonial escorts.
reserve recruits with more than six month’s (7) Traffic control duty.
service may them be posted to the reserve in the Two mounted orderlies are allowed to each of
proportion specified in the first clause of this para, the members of the board of revenue while on tour
Exceptional arrangements under this clause in the plains and to commissions while on tour in
require the previous approval of the Deputy their divisions.
Inspector General of the range. Mounted orderlies will be given at the time
Para 76 provides that when armed police are on the requisition of Commissioners and District
deputed for special duty in another district they Magistrates to carry communications of special
should be supplied from this reserve unless the urgency.
officer who orders the deputation directs Para 80 provides, that mounted police are
otherwise. formed into troops at certain headquarters. They
The reserve may be employed within the are required to keep up a thorough knowledge of
district on special dacoity duty, to keep orders at the duties enumerated in para 84 and 85 and to
fairs and other large gatherings or to assist in keep their horses in good condition and their
preventing a serious breach of the peace but the uniform, arms and accoutrements clean, smart and
reserve may also be employed on night patrol duty serviceable. A trumpeter shall be attached to each
headquarters. This may be regarded as part of the troops.
ordinary training of the reserve and need not be Para 81 says that the duties of Sub Inspector
reported to the Deputy Inspector General. and head constable of the mounted police are
Para 77 says that members of the reserves similar to those of Indian officers and non
may not be employed on routine duty such as commissioned officers in the Army, they must be
guard or escort duty unless the occasion is urgent competent cavalry drill instructors, and are
and requisite police cannot otherwise be provided. responsible for the efficiency of the men and
A call on the reserve should be avoided whenever horses in their troops.
civil police are available and can safely be Para 82 provides that at troops headquarters
employed to supplement the Armed police. the reserve Inspector shall keep up a roster of duty
Whenever any member of the reserve is employed for all men proceeding on outstation duty. All
on routine duty the superintendent must send a should be treated fairly in this respect. The troop
detailed report the Deputy Inspector General Sub Inspector shall keep up a daily roster for all
explaining the reasons. men told of for duty at head quarters.
Para 78 provides, that the Armed Training According to para 83 the Superintendent at
reserve must in each period of training be put troops headquarters will have all forces deputed to
through a complete course in drill musketry. the other districts carefully inspected before they
observation, the general duties of Armed police, leave. Superintendent and the reserve Inspectors
elementary law and such other portion of the lines of districts to which mounted police are deputed
school curriculum as the Superintendent considers from head-quarters of troops are responsible that
suitable. houses, accoutrements, horse furniture and stable
30 | P. R. & P. Act

gear are kept in good conditions. A parade should of the force occasionally be sent to the veterinary
be held as soon as a force arrives and deficiency school at Lucknow for instructions in the treat-
should be reported to the superintendent of police ment of horses.
at troops headquarters. The police at troops
headquarters should hold parade on the return of 4. Village Police, Para 89-96A
the force. A command certificate must be given to Provisions relating to village police have been
every proceeding to or returning from an made in chapter IX.
outstation.
According to para 89, the Village Chaukidar
Training of the Mounted Police is a village servant whose main duty is to watch
and ward of villages in his charge. He is required
Para 84 provides that mounted police must be to carry reports for the village headman to assist
so trained— him in tracing offenders, and to make arrests as
(1) That they can ride well and handle a horse authorised by the law. He is responsible to the
in a troops on parade efficiency. District Magistrate for the due performance of his
(2) That they can saddle and unsaddle horse duties. The rules relating to village head men are
properly, that they can take the whole of their in the Manual of Government Orders.
horse’s equipments to pieces and put it together Para 90 provides, that Village Chaukidar are
again, and that they can groom their mounts, not prohibited from cultivating land. They must
(3) That they are proficient both mounted and reside in one of the villages for which they are
on foot, in sword and lance exercise and troop responsible. They must not be employed on
drill. menial duties by members of the constabulary
Para 85 provides, that members of mounted force.
police must also be trained in scouting and must According to para 91 Village Chaukidars
be taught to carry out their singly and sections. must attend at their police station on fixed dates
Horses must be taught to stand fire. twice a month for the purpose of reporting births
Para 86 provides, that under the orders of and deaths on one of these dates they must be
Range Deputy Inspector General of police, given their pay.
selected constables of mounted police will be sent Para 92 says that each village policeman shall
for a three month’s advance course of training be provided with a crime record book, an
prescribed by the Inspector General of police in attendance board and a printed register of births
the subjects and duties of mounted police at Police and deaths, he shall keep all these three in leather
Training College, Moradabad. The Inspector wallet supplied to him which he must carry when
General of Police will from time to time, decide ever he goes to the station.
the number of constables to be sent for this According to para 93 village police must
training by each troops Head quarters. Only those assist in police escort duty when required to do so
constables who qualify at this Advance Course of by a member of the constabulary force.
training will be eligible for promotion to the parts
of head constables in the Mounted police and have Para 94 provides that the following rules limit
been nominated by the Superintendent of Police the supply of village policeman for the watch and
may compete at this test. ward of camps of officers on tour—
A constable in the mounted police who (1) The number of Chaukidars allowed shall
qualifies at a course of instruction in remount not be less than, two for large camps the number
training but who has not already obtained his may be increased but shall not exceed six.
Cavalry drill certificate, will be sent on the next (2) No Chaukidar shall serve more than two
course for which he can be made available after he days in any week or for more than one night at a
obtains his remount certificate. time, on this duty.
Para 87 provides, that troops horses should be (3) Chaukidars should be selected from the
trained to enter truck and horse boxes. neighborhood of the camp in such a way as to
According to para 88 with the sanction of leave as few villages as possible without
Inspector General previously obtained, members Chaukidars.
 P. R. & P. Act | 31

(4) The special allowance due to Chaukidars (2) good conduct stripes awarded to and
who leaves their beats to guard and escort camps allowances granted to Village Chaukidars may be
of touring officers must be promptly paid by the withdrawn as a disciplinary measures.
touring officers concerned. Station officers must Para 96 (A) provides that the provisions
report to the Superintendent any instances of contained in para 501 are applicable to Village
neglect on the part of touring officers in this Chaukidars against whom civil or criminal
respect. proceedings have been instituted otherwise them
The Inspector General of police can create by government.
temporary posts of Chaukidars on daily allowance
not exceeding Rs. 1 per day for permanent Important Facts
Chaukidars who are deputed for duties in ● Provisions relating to Reserve Inspector and
connection with presidential visit or visits of the Reserve Sub Inspectors have been made in
Prime Minister where such duty entails their chapter 11 and provisions about Armed Police
absence from their villages for more than six days. are made in chapter VI of the Police
In such cases it will be for the Superintendent of Regulations.
police to consider whether substitutes should be
appointed and if he considers it necessary to ● Para 65 provides the duties of Armed police.
employ substitutes he should obtain previous According to this para Armed police are
sanction to their appointment from the office of intended for the protection and of treasures,
the Inspector general of police. In that case the prisoners and government property, for
ordinary pay of the Chaukidars will be paid to the service on magazine and quarterguards, for
substitutes while the permanent Chaukidars who the suppression and presentation of disorder
are on deputation will be paid Rs. 1 a day and crimes of violence and for the pursuit and
inclusive of pay and reward, from the head apprehension of dangerous criminals.
Chaukidars subordinate to ‘village police’ in the ● The branch of Armed Police is under the
budget. special charge of Deputy Inspector General.
According to para 95 Village Chaukidars
● The police armed with firearms should
should be furnished with a supply of printed form
No. 44 for written reports of congnizable offences ordinarily not be used on occasion of
and fr the list of stolen property and should be processions or other ceremonies except as a
instructed to give a form to every person who reserve force to deal with a possible
requires one for use and to take the form, after it disturbance.
has been filled up and signed by complainant, to ● The body of armed police should never escort
the police station, if requested by the complainant processions but they should be at point where
to do so. It should also be explained to Village there is danger of disturbance or should be
Chaukidars that complainants are not competent to held in reserve as moving picket either infront
make their report in writing should take back to or in the rear of procession where there are in
the complainant the duplicate copy of the check
least danger of being thrown into confusion
receipt.
by the mob and can be kept under the control
Appointment and Dismissal of Chauki- of the officer in command and of their under
dars officers.
Para 96 (1) provides that village Chaukidars ● Instructions regarding the use of force by the
are appointed by the District Magistrate under police against the crowd are provided in
Section 3-6 of the North Western Provinces Sections A, B, C, D and E of para 70.
Village and Roads Police Act 1873 or under
Section 29 to 32 of the Audh Laws Act 1876. ● According to section B when a magistrate is
They may be dismissed by the District Magistrate present or can be communicated with, without
under Section 10 of the Act XVI of 1873 or such delay as would prejudice the situation,
Section 36 of Act XVIII of 1876. They are also assembly shall not be called upon to disperse
liable to prosecution under Section 11 of Act XVI more shall force be used to disperse it without
of 1873 or section 37 of ACt XVIII of 1876. the order of Magistrate.
32 | P. R. & P. Act

● But if the presence of a Magistrate cannot be at fairs and other large gatherings or to assist
secured without such delay or would in preventing a serious breach of the peace.
prejudice a situation, the senior police officer ● Para 77 provides that members of reserve
present having the powers of an officer may not be employed on routine duty such as
incharge of a police station, shall act on his guard or escort duty unless the occasion is
own responsibility but shall as soon as urgent and the requisite police cannot
possible, communicate with and report his otherwise be provided.
action to the nearest Magistrate and to the
Superintendent of police. ● A call on the reserve should be avoided
whenever civil police are available and can
● Section D (1) provides that fire shall be
safely be employed to suppliment the armed
opened only if the Magistrate or if no police.
Magistrate is present, the police officer in-
charge deems if aboslutely necessary to open ● Provisions relating to mounted police are
fire for the protection of life or property. made in chapter VII.
● The order to stop firing shall be given by the ● According to para 79 the duties of the
senior police officer as soon as the crowd mounted police are—(1) Patrolling roads,
shows a disposition to retire or disperse. (2) Escorting prisoners and treasure,
● According to para 71 A requisition for armed (3) Conveying communications of special
police in excess of the district allocation urgency, (4) Following up criminals,
should, if possible, be made to the Deputy (5) Ceremonial escrots, (7) Traffic control
Inspector General at least 6 weeks before the duty.
date on which the additional force is required ● Para 81 says that the duties of Sub Inspectors
and will be sent through the District and head constables of mounted police are
Magistrate and the Commissioner provided similar to those of Indian officers and non
that in case where this will cause delay commissioned officers of the Army.
application may be made semi officially after ● Para 84 provides about the rules of training of
consultation with the District Magistrate. Mounted Police.
● Provisions relating to Armed Training ● Chapter IX of Police Regulations make
Reserve are made in chapter VII of provisions for village police.
Regulations.
● According to para 89. The Village Chaukidar
● Para 73 provides that a reserve of armed is a village servant whose main duty is to
police is maintained in every district it’s watch and ward of villages in his charge.
strength is fixed for each district.
● Chaukidar is required to carry reports for the
● Service in armed reserve must be assigned by village headman to assists him in tracing
roster so as to pass every member of the offenders, and to make arrests as authorised
armed police through the reserve in turn. by law.
● The period of service should not exceed two ● According to this para Village Chaukidar is
months and the reserve should be relieved in responsible to District Magistrate for the due
bloc e.g., all together but for some special performance of his duties.
reasons the Superintendent may order a man
to serve in the reserve for a second ● Para 90 provides that Village Chaukidars are
consecutive period. not prohibited from cultivating the land.
● Para 76 says that when the armed police are ● Village Chaukidars must attend at their police
deputed for special duty in another district, station on fixed dates twice a month for the
they should be supplied from this reserve purpose of reporting births and deaths.
unless the officer who orders the deputation ● According to para 92 each Village Policemen
directs otherwise. shall be provided with a crime record book,
● The reserve may be employed within the an attendance board and a printed register of
district on special dacoity duty to keep order death and births.
 P. R. & P. Act | 33

● According to para 93 Village Police must Provinces Village and Road Police Act 1873
assists police in escort duty when required to or under Section 29-32 of the Audh Laws Act
do so by a member of constabulary force. 1876.
● Para 96 provides that Village Chaukidars are ● They may be dismissed by the District
appointed by the District Magistrate under Magistrate under Section 10 of Act XVI of
Sections 3 to 6 of the North Western 1873 or Section 36 of Act XVIII of 1876.

Objective Questions
1. Which chapter of U.P. Police Regulations List B (Chapters)
deals with Mounted Police ? (UPAPO 2006) 1. Chapter IV
(A) Chapter V (B) Chapter VI 2. Chapter VI
(C) Chapter VII (D) Chapter VIII 3. Chapter VIII
2. Under U.P. Police Regulations a village 4. Chapter VIII
Chaukidar is responsible to the— Code :
(UPAPO 2003) (a) (b) (c) (d)
(A) District Superintendent of Police (A) 2 3 4 1
(B) Superintendent of Police (Rural) (B) 3 2 1 4
(C) 4 1 3 2
(C) Village Pradhan
(D) 1 2 3 4
(D) District Magistrate
7. Under para 73 a reserve of Armed Police is
3. Which chapter of the U.P. Police Regulations maintained in—
deals with Armed Police ?
(A) Every district
(A) Chapter VI (B) Chapter VII (B) Every head quarters
(C) Chapter VIII (D) Chapter V (C) (a + b) both
4. According to para 55 Armed Police are (D) None of these
intended to the protection of— 8. The Armed Training Reserve should
(A) Treasuries and Tahsils and lockups relieved—
(B) For the Escort of the treasures (A) en block
(C) Prisoners and government property (B) Individually
(D) All above (C) Personally
(D) Separately
5. The Branch of Armed Police is under the
special charge of— 9. The reserve may be employed within the
(A) Commissioner district on—
(B) Director General (A) Special dacoity duty
(C) Deputy Inspector General (B) To keep order at fairs and large
gatherings
(D) District Magistrate
(C) To assist in preventing a serious breach
6. Match list A with list B and answer the of peace
following question by using the code given (D) In all above
below—
List A (Heads) 10. Consider the folowing statements relating to
Armed Training Reserve—
(a) Circle Inspectors
1. Service in the Armed reserve must be
(b) Armed Police assigned by roster so as to pass every
(c) Armed Training Reserve member of the armed police through the
(d) Mounted Police reserve in turn
34 | P. R. & P. Act

2. The period of service should not exceed 2. His chief duty is to watch and ward of
two months villages in his charge
3. Member of the Reserve may not be 3. He is responsible to the District
employed on routine duty Magistrate for the due performance of
The correct statements are— his duties
(A) Only 1 4. Village Chaukidars are not prohibited
(B) Only 1 and 2 from cultivating land.
(C) Only 2 and 3 Correct statement/statements is/are—
(D) All 1, 2, 3 and 4 (A) All the above (B) Only 1, 2 and 3
(C) Only 2 and 3 (D) Only 3 and 4
11. The duties prescribed for the Mounted Police
are— 15. Village Chaukidars are appointed by—
(A) Patrolling parade (A) Police officer incharge of police station
(B) Escorting prisoners and treasure (B) District Magiastrate
(C) Conveying communications of special (C) Commissioner
urgency and following up criminals (D) Head constables
(D) All above 16. Village Chaukidars are dismissed by—
12. Consider the following statements regarding (A) District Magistrate
mounted police— (B) Village Pradhan
1. Mounted police are formed into troops at (C) Commissioner
certain headquarters (D) None of the above
2. The duties of Sub Inspectors and head
constables of the mounted police are Answers with Explanation
similar to those of Indian officers and
1. (D) Provisions relating to mounted police
non commissioned officers in the Army.
have been made in para 79 to 88 of the
3. They have traffic control duty also. chapter VIII of the U.P. Police Regulations.
4. They have a duty to suppress organised 2. (D) According to para 89 Village Chaukidar
duty and other disturbances. is responsible to the District Magistrate for
Correct statement is/are— the due performance of his duties. He is
(A) Only 2 and 3 appointed by the District Magistrate and he is
(B) Only 2 and 4 also dismissed by the District Magistrate.
(C) Only 1, 2 and 4 3. (A) 4. (D) 5. (C) 6. (D) 7. (A)
(D) All the above 8. (A) Para 74 provides that service in the
13. Provisions relating to Village Chaukidars Armed Reserve must be assigned by roster so
have been made in— as to pass every member of the Armed Police
through the reserve in turn. The period of
(A) Chapter X (B) Chapter IX service should not exceed two months. The
(C) Chapter XI (D) None of these reserve should be relieved in bloc e.g. all
14. Consider the following statement about collectively not individually or separately.
Chaukidar’s duties— 9. (D) 10. (D) 11. (D) 12. (D) 13. (B)
1. Village Chaukidar is a village servant. 14. (D) 15. (B) 16. (A).

●●●
Part IV
Reports Made at Police Stations and Investigations
Para 97 to 128

A. Reports made at Police Stations If there is an Assistant or Deputy superinten-

dent incharge of the subdivision and stationed at a
Provisions relating to reports made at police place other than the headquarters of districts, the
stations are provided in chapter X of the U.P. original should be sent through him to the
Police Regulations in para 97 to 103. Magistrate.
According to para 97 whenever information Para 98 provides, that it is essential that all
relating to the commission of a cognizable offence reports and entries in registers and diaries should
is given to an officer incharge of a police station, be written clearly and legibly. These documents
the report will immediately be taken down in may have to be proved after in the courts of law
triplicate in the check receipt book for reports and much delay and difficulties may be caused if
cognizable offences (police form No. 34). This the original writing is not clear and indisputable.
step will on no account be delayed to allow time Para 99 provides, that as soon as the report
for the true facts be to be ascertained by a has been written in the first information book, the
preliminary investigation. Even if it appears substance of the report must be briefly recorded in
untrue, the report must be recorded at once. If the the general diary. The entries in the first
report is made orally, the exact words of the information report and the general diary must
person who makes it, including his answers to any made at once, even if report is made at night. The
questions put to him should be taken dawn and village crime notebook, crime register and register
read over to him, he must sign each of the three of property should be written up within 24 hours if
parts or if he cannot write, he must make his mark the report entails the making of entries in these
or thumb impression. If a written report is registers.
received an exact copy must be made but the
According to para 100 if an officer incharge
signature or mark of the messenger need not be
of a station receives an oral report of a cognizable
taken. In all cases the officer incharge of the
offence when he is away from the station house
station must sign each of the three parts and have
and wishes to begin investigation at once and can
the seal of the station stamped on each. The
not dispense with the attendance of the person
triplicate copy will remain in the book; the
who made the report, he should take the report
duplicate copy will be given to the person who
down in writing and after having if signed or
makes the oral or brings the written report. The
marked by the person who made it should sent to
original will be sent forthwith through the
the police station to be treated as a written report.
Superintendent of Police to the Magistrate having
jurisdiction with the original written report if any, Para 101 provides, that whenever the
attached. occurrence of an offence of any of the following
kinds is reported—
The practice of delaying first information (1) Dacoity, (2) Robbery except unimportant
report until they can be sent to the headquarters cases such as snatching earnings, (3) Torture by
attached to special or general diaries is contrary to the police, (4) Escape from the police custody,
the provisions of Criminal Procedure Code and is (5) Forging of currency notes, (6) Manufacturer of
prohibited. counterfeit coin, (7) Serious defalcations of public
36 | P. R. & P. Act

money including theft of notes or hundis from Para 103 provides that the responsibility
letters, (8) Important cases of murder, noting imposed on the officer incharge of police station
burglary and theft, breaches of peace between by Sections 154 and 155 (1) of the Code of
different classes, communities or political groups Criminal Procedure for the correct recording of all
and other cases of special interest. reports of crime whether cognizable or non
Copies of the report will be sent immediately cognizable will be enforced and he must
in the red envelopes to the Superintendent of counterdesign all reports of either kind required.
Police, the District Magistrate, the Sub Divisional In state of West Bengal V. Swapan Kumar
Magistrate and Circle Inspector by the post or Guha AIR 1982 S.C., the Supreme Court observed
hand which may be the quicker method of that the FIR must disclose, prima facie, that a
conveyance. The telephone or telegraph when cognizable offence has been committed, it is
available and departmental telegraphic code. wrong to suppose that the police have an
Copies of which have been supplied to all police unfettered discretion to commence investigation
stations near telegraph office should also be used under S. 157. Their right of inquiry is conditioned
to give the Superintendent early news of such by the existence of reason to suspect the
offences. Commission of a cognizable offence and they can
In connection with para 101 in Swarn Singh not reasonably have reason so to suspect unless
V. State 1981 Cr. L.J. 364, the Punjab H.C. had the FIR prima facie discloses the commission of
held that the importance of prompt despatch of the such offence. If that condition is satisfied, the
copy of FIR to Magistrate empowered to take investigation must go on. The court has then no
cognizance under Section 157 Cr.P.C., specially in power to stop the investigation because to do so
serious offences can hardly be over emphasised. would be to trench upon the lawful power of the
The adverse consequences following from the late police to investigate into cognizable offence. On
receipt of special reports by the Magistrate should the other hand if the FIR does not disclose the
be well awarded of. The time receipt of the special commission of a cognizable offence, the Court
report by the Magistrate goes a long way in would be justified in quashing the investigation on
coming to the proper conclusions as to the time at the basis of information received. The power to
which the FIR may have been lodged or investigate into cognizable offence must, there-
registered. In the absence of the strict competence fore, be exercised extrictly on the condition on
of rule 24-5 of Punjab Police Rules. The which it is granted by the Court.”
endorsement by the magistrate regarding the time
of which the P.R. was received will be decisive.
B. Investigations, Para 104 to 128
Para 101 A provides that copies of the report Provisions relating to investigations have
shall be sent to the District Magistrate and been made in chapter XI of the U.P. Police
Superintendent of Police in all important cases or regulations encompassing the para 104 to 128. A
categories of cases in which they may require brief discussion of these paragraphs are produced
special reports to be sent. here as below—
Para 104 provides that when a report of a
According to para 102 when a report is made
cognizable offence is received, the officer
of non cognizable offence the important portion of
incharge of the station must decide whether an
the report should be recorded in the check receipt
investigation is desirable. In exercising the
book for reports of non cognizable offence e.g.
desertion allowed by section 157 (1) (b) of the
Police Form No. 347. The information should be
Criminal Procedure Code he should consider
required to sign or affix his mark to each of the
whether the case is for the civil rather than for the
two copies. The duplicate copy should be given to
criminal courts and whether the action by the
him, the original remaining in the book. The
police is necessary in the interest of administration
substance of the report should be entered in the
or expedient for the preservation of law and order.
general diary and if the report is in writing, the
proper containing should attached to the diary. No investigation should be made if the
The informount should also be referred to the subject matter of the complaint appears to fall
Magistrate as required by Section 155 of the Code within the scope of Section 95 of the Indian Penal
of Criminal Procedure. Code or if the complainant appears to be setting
 P. R. & P. Act | 37

up a technical offence or exaggerating a trivial Object of the Diary—One of the objects of

occurrences in order to obtain the help of the the diary is to keep the Magistrate and
police in prosecuting a quarrel. Superintendent of police informed of the crime
and offences which are reported at the police
Duties of Investigating Officers, station. It’s proper maintenance and regular
Para 107 entries are also necessary to convince the trial
According to para 107 an investigating officer court about the impartial conduct of state agency
is not regard himself as a mere clerk for the in registering the crime and investigating them
recording of the statements. It is his duty to which will inspire confidence in the police. The
observe and to infer. In every case he must use his duty involves that the reports should be entered
own expert observations of the scene of the same fully in the prescribed records.
offence and of the general circumstances to check
the evidence of witnesses, and in cases in which Particular of the General Diary, Para
the culprits are unknown to determine the 109
direction in which he shall look for them. He must According to para 109 the case diary must
study the methods of local offenders who are contain the particulars required by Section 172 of
known to the police with a view to recognizing the Code of Criminal Procedure in sufficient
their handiwork, and he must be on his guard details to enable the supervising officers to
against accepting the suspicions of witness and appreciate the facts. Variations in the statements
complainants when they conflict with obvious of the complainant from the first information
inferences from facts. He must remember that it is report and substance of supplementary statements,
his duty to find out the truth and not merely to if any should be recorded.
obtain convictions. He must not prematurely In Niranjan Singh V. State of U.P. AIR 1957
commit himself to any view of the facts for or S.C. it has been held that para 109 Police
against any person and though he need not go out Regulations has not been having statutory
of his way to hunt up evidence for the defence in a foundation as it is mere an administrative
case in which he has satisfactory grounds for direction for investigation.
believing that an accused person is guilty, he must
always give accused persons an opportunity of Discretion of Investigating Officer and
producing defence evidence before him and must Arrest of the Suspects, Para 110
consider such evidence carefully if produced.
Burglary investigations should be conducted in Para 110 of the Police Regulation provides,
accordance with the special orders on the subject. that the stage of proceedings at which the
investigating officer arrests a suspected person
Police Diary and it’s Objectives, Para under Section 64 (Now 44) of the Code of Cr.P.C.
108 is left to his discretion, he may watch a suspect,
but may not restrict his movements without
According to para 108 the first step of the arresting him nor compel him to remain in
investigating officer should be to note in the case attendance as a witness.
diary prescribed by the section 172 of the Code of
Criminal Procedure the time and place at which, Right to Search of Investigating
he has received the information on which he acts
and to make in the diary a copy of the first Officer, Para 111
information report. When beginning his Para 111 provides that a police officer about
investigation he must note in the diary the time to conduct a search under the Code of Cr.P.C. or
and place at which he begins. He should then any other law must, before entering the place to be
inspect the same of alleged offence and question searched satisfy the owner, or occupier of the
the complainant and any other person who may be premises, if present, and the witnesses called
able to throw light on the circumstances. At an under Section 103 [Now 100) (4) to (8)] of the
early stage of the investigation he should consult Cr.P.C. that neither he nor another member of the
the village crime notebook to learn of any matter search party, including the informer, if present,
recorded there which may have a bearing on the has anything incriminating concealed about his
case. person. No informer should be allowed to enter a
38 | P. R. & P. Act

place which is to be searched unless it is im- from the suspects and suspected to be stolen,
possible to dispense with his assistance, searches mixed up with other articles of a similar nature
made under the Arms Act, Excise Act, Section 19 when the property is shown to the complainants
of Opium Act or the Code of Criminal Procedure for identification may often be followed with
may be made by day or night. Searches under the advantage. In such cases precautions should be
Salt Act and Section 14 of Opium Act may be taken similar to those laid down for observance in
made only by the day. the case of identification parades of accused
Para 112 makes the provisions that the person.
persons from whom inquiries are made by the According to para 118 when it is established
police should not be unnecessarily harassed or that a person has committed an act which would
detained if any person summoned under Section be a cognizable offence if done by a person in a
103 (4) to (8) or 160, of Cr.P.C. requests that the second state of mind, it is not for the police to
period of his attendance but put on record, the determine whether a defence can be made out on
investigating officer shall comply by making an the ground of insanity. This question will be
entry on the foil and counter foil on the order form determined by the Court. The accused should be
no. 7. sent for trial and his mental condition should be
mentioned in the diary.
Map of the Place, Para 114
Confession and its Effect, Para 119
Para 114 says that a plan of the scene of
occurrence should be made by the investigating According to para 119 when a confession is to
officer in every case of murder, dacoity or be recorded under Section 164 of Cr.P.C., the
important burglary and in any other case in which magistrate should be asked to put question to the
such a plan will help a court or a supervising person making it with a view of eliciting as many
police officer to a proper understanding of the details as possible by which it’s truth can be
facts. If the investigating officer is unable to verified. Unless independent corroborative
prepare a plan with the necessary accuracy, he evidence can be obtained of its truth in material
should if possible have one made by a Patwari. A particulars, it will be of the little use in the Court.
plan should always be signed by the person The main use of a true confession is to determine
making it. the future line for the investigations.

Recording of Dying Declaration, Para Police Remand and it’s Procedure,

115 Para 121
Para 121 provides that a remand to police
Para 115 provides that the officer investi- custody should not be applied for or given unless
gating a case in which a person has been so the officer making the application is able to show
seriously injured that he is likely to die before he definite and satisfactory grounds. A general
can reach a dispensary where his dying statement that the accused may be able to give
declaration can be recorded, should himself record further information should not be accepted.
the declaration at once in the presence of two Application for remand to police custody must be
respectable witnesses, obtaining the signature or made through the Superintendent of Police or
mark of declarant and witnesses at the foot of the gazetted police officer incharge of a sub division
declaration. and may be adversed only to magistrate of the
Para 116 provides that in all cases in which status required by Section 167 of Cr.P.C. Suspects
there is any likelihood that a suspects will at any must not be made over by the police to Zamindars
stage have to be paraded for identification by or other non officials for the purpose of inducing
witness, the investigating officer must take step confessions.
from the very beginning of his investigation to Para 122 (1) provides that an investigation
ensure that the witnesses are given no opportunity should be completed as soon as possible and when
of seeing the suspects identification proceedings complete the investigation officer must comply
are held. with the provisions of Sections 161-171 and 173
Para 117 provides that in important cases the of Cr.P.C. The report prescribed by Section 173
practice of having articles of property recovered must under that Section must be submitted by the
 P. R. & P. Act | 39

officer incharge of the police station under Police or the gazetted police officer incharge of
intimation to the superintendent of police and the sub division must satisfy himself before
should be in the form of chargesheet if the case is forwarding the complaint to the police station
sent for the trial and in the form of final report if concerned that the provisions of Section 200 and
the case is not sent for trial. The charge sheet with 202 of Cr.P.C. have been fully observed. No. case
the final diary in the cases shall be submitted to in which the statement of the complainant has not
the court through the circle officer and the public been taken on the both by the Magistrate under
prosecutor and should reach the Court within the Section 200 or in which the Magistrate has not
four weeks of the date of lodging FIR in summons under Section 202 recorded his reasons for
and warrants cases and eight weeks in Session holding that police investigation is necessary can
cases. None of the circle officer and the public legally be sent to the police for investigation. All
prosecutor, should normally retain the chargesheet such cases and all cases in which the reason
for more than a week and the latter should submit recorded for sending the complaint to the police
it the Court concerned within the time limit are prima facie invalid should be brought to the
prescribed. The prescribed time limit should not notice of the District Magistrate by the
be allowed to exceed except for very special Superintendent of Police before any further action
reasons. is taken. Investigation which the police are
(2) As soon as possible but in any case not justifiably ordered by magistrate to make
later than a month of the expiry of each quarter, complaint case under Section 202 should be made
the superintendent of police shall submit the as promptly as circumstances allow. But in so far
District Magistrate, in the prescribed form and in as it is a question of finding time for such
duplicate, a quarterly list of cases in which investigations, cases which are registered and
chargesheet could not be submitted within the investigated by the police under Section 197 (1) of
prescribed time limit of 4/8 weeks. The District Cr.P.C. will ordinarily take precedence of
Magistrate will forward it to the Range Deputy complaint cases which are sent to them by
Inspector general of police endorsing the other Magistrates.
copy with his comments to the Commissioner of Para 126 provides that any analysis of the
the division. The Range Deputy Inspector General work of investigating officers by the application
of Police will there upon compile with in the of statistical tests is objectionable and encourages
prescribed form, a statement of delayed cases and dishonesty. The Superintendent of Police should
submit it to the Inspector General Police who will impress on officer of all ranks subordinate to him
forward the same to the government in the Home that their efficiency will not be judged by
Department with his comments. statistical tests, but by the manner in which they
(3) The final report in all cases must be perform their duties.
submitted through the Superintendent of Police. Para 127 provides instructions by the
(4) The information as the result of Government to the Postal Department for the
investigation must as required by Section 173 (i) production of records before the police.
(b) of Cr.P.C. be sent by the officer incharge of Para 128 says that in any locality in which
police station to the complainant, if any in police there is an out break of theft from goods train the
form no. 47 at the time he submits the chargesheet Superintendent of the Government railway police
or the final report, as the case may be. will inform the Superintendent of Police of the
districts concerned and concerted measures will be
Cognizance of Offence by Magistrate taken.
and Investigation Under his Order,
Para 124 Important Facts on Chapter 4
● Chapter X of the U.P. Police Regulations
Para 124 of the U.P. Police Regulation
deals with Reports made at police stations.
provides that when any complainant of an offence
cognizable or noncognizable of which a magistrate ● Para 97 to 103 deals with the provisions
has taken cognizance under Section 193 (a) of ‘reports made at the police station’.
Cr.P.C. is referred by him under Section 202 of ● Para 97 provides that whenever information
the police for investigation, the Superintendent of relating to the commission of a congizable
40 | P. R. & P. Act

offence is given to the officer incharge of a once and cannot dispense with the attendance
police station, the report will immediately be of the person who made it, he should take the
taken down in triplicate in form no. 341. report down in writing and after signing or
● This step will on no account be delayed even after having marked by the person who made
if it appears untrue e.g., the report must be it, should send it to the police station to be
recorded at once. treated as a written report.
● The exact words of the person making it ● The report of non cognizable offence when
including his answers to any question but to made, para 102 provides that, the important
him should be taken down and read over to portion of the report should be recorded in the
him. police form no. 347.
● The person making the report must sign each ● The FIR must disclose prima facie, that a
of the three parts but if he can not write, he cognizable offence has been committed.
must make his marks or thumb impression. ● FIR not to be encyclopaedia of evidence. It
● In all cases the officer incharge of the police only requires to state basic prosecution case.
station must sign each of three parts and have Where there was omission regarding accused
the seal of the station stamped on each. person coming out of house of one accused
and the mother having placed herself over the
● The triplicate copy will remain in the book
body of victim. Burning of the tube light
but the duplicate copy will be given to the infront of house was also not mentioned, it
person who makes the report. was held in Manoj and others V. State of
● The original will be sent forth with through Maharastra, that there was no material
the Superintendent of Police to the Magistrate omission about the role played by the accused
having jurisdiction. no.1 and hence entire evidence can not be
disbelieved.
● Para 98 provides that it is essential that all
reports and entries in the registers and diaries ● Chapter XI and para 104 to 128 deals with the
should be written clearly and legibly because ‘Investigations’.
these documents may have to be proved later ● According to para 104 when a report of
in courts of law and much delay and cognizable offence is received, the officer
difficulties may be caused if the original incharge of the station must decide whether
writing is not clear and indisputable. an investigation is desirable or not.
● Under para 99 as soon as the report has been ● Para 104 further provides that no investi-
written in FIR Book, the substance of the gation should be made if the subject matter of
report must be briefly recorded in the general the complaint appears to fall within the scope
diary. of Section 95 of Indian Penal Code.
● The entries in FIR and general diary must be ● Para 104 further provides that no
made at once even if the report is received at investigation should be made if the subject
night. matter of the complaint appears to fall within
● The village crime note book, crime register the scope of Section 95 of Indian Penal Code.
and Register of Property should be written up ● Para 104 further provides that no investi-
with in 24 hours if the report entails the gation should be made in the 5 following
making of entries in these registers. circumstances except on the order of the
● Under para 100 if an officer incharge of a Superintendent of Police or with the
police station receives an oral report of a concurrence of the Deputy Inspector General
cognizable offence when he is away from the in respect of any particular class of offence in
station and wishes to start the investigation at any particular area.
 P. R. & P. Act | 41

● These cases are—Petty theft or burglary, dacoity or important burglary and in any other
cases falling under Section 324 and 325 of the case in which it will help the supervising
Indian Penal Code, cases under Section 147 officer to a proper understanding of the facts
of Indian Penal Code, in cases under Sections of the case.
341 to 344 and in cases 406 and 420 of the ● Para 115 makes provisions for recording
Indian Penal Code. dying declaration of the person who is
● Para 105 provides that whenever an officer seriously injured and is likely to die.
incharge of a police station decides that a ● Para 116 makes provisions for the identi-
cognizable case will not be investigated, he fication parade.
must in order to comply with the provisions ● Para 119 casts a duty on the Magistrate
of Section 157 (2) of Cr.P.C., enter on the recording confession under Section 164 of the
original and Triplicate copies of the FIR his Cr.P.C. to put question to the person making
reason for not investigating the case. the confession with a view to eliciting as
● Para 106 provides that investigation should many details as possible by which it’s truth
ordinarily be carried out and completed on the can be verified.
spot except in cases falling under section 157 ● Para 120 provides that every confession
(1) (a) of the Code. which a person in police custody wishes to
● Provisions relating to police diary are made in make shall be recorded by the highest
para 108 of U.P. Police Regulations. Magistrate other than a District Magistrate
● Para 109 provides about the particulars of the who can be reached in a reasonable time.
case diary. ● Only the Magistrate of first class and
● According to this para the case diary must Magistrate of second class specially empo-
contain the particulars required by Section wered by the local Government are authorised
172 of the Cr.P.C. in sufficient detail to to record the confession.
enable the supervising officer to appreciate ● Confession in the important cases of decoity
the facts. and in other serious cases whenever possible,
● In Narayan Singh V. state of U.P.AIR 1957 should be recorded by the District Magistrate
S.C. it has held that para 109 has not been or by a Magistrate standing, preferably the
having statutory foundation as it is mere an joint magistrate, without regard to the part of
administrative direction for investigation. the District in which the case occurred.
● Para 111 provides that searches made under ● Para 121 provides for the remand of the
the Arms Act, Excise Act or Section 19 of the police custody.
Opium Act or under the C.r.P.C. may be ● Para 123 says that particulars as to any
made by day or night but searches under the previous connections of an accused should be
Salt Act and Section 14 of the Opium Act noted in column 7 of the charge sheet. If the
may be made only by the day. accused resides in another police station of
● Para 113 provides that inquiries in which the same district, the officer incharge of that
public or railway servants are concerned station should be asked to give details of
either as accused or witnesses should be so previous convictions and to send them to the
conducted as to interfere as little as possible public prosecutor direct if time is short.
with their official duties. ● According to para 128 in any locality in
● Provisions relating to the plan of scene of which there is an outbreak of theft from goods
occurrence have been made in para 114. It trains the Superintendent of Govt. Railway
provides that plan or map of the scene of Police will inform the S.P. of police of district
occurrence should be made by the concerned and concerted measures will be
investigating officer in every case of murder, taken.
42 | P. R. & P. Act

Objective Questions
1. Which chapter of the U.P. Police Regulation ‘district magister, sub divisional magistrate
deals with ‘Investigations’ ? and the circle Inspector by the post or hand’
(A) Chapter X in relation to the offence—
(B) Chapter XI (A) Dacoity
(C) Chapter XII (B) Robbey except in import out cases
(C) Forging of currency notes
(D) Chapter VII
(D) All of above
2. Provisions relating to investigations are made
in— 7. When a report is made of a non cognizable
offence, the important portion of the report
(A) Para 104 to 128 should be recorded in—
(B) Para 102 to 127 (A) Police form no. 347
(C) Para 101 to 128 (B) Police form no. 341
(D) None of the above (C) Form no. 340
3. Name the chapter of the U.P. Police (D) None of the above
Regulations relating to “Reports made at 8. Report of important cases of murder, rioting,
police station”— burglary and theft, Breaches of the peace
(A) Para XII (B) Para XIII between different classes, communities or
(C) Para X (D) Para IX political groups and other cases of special
interest, or any of them is to be sent in—
4. Consider the following statements relating to
(A) Red envelopes
FIR—
(B) Blue envelops
1. Provisions relating to FIR are made in
(C) Pink envelopes
para 97
(D) None of the above
2. FIR is written down in triplicate form in
police form no. 34 9. In which of the following cases no.
3. FIR relates to the commission of investigation should be made—
cognizable offence (A) In cases of petty theft or burglary
4. The duplicate copy shall be given to the (B) In cases under Section 324 and 325 of
person who makes it Indian Penal Code
5. The original will be sent forth with (C) In cases under Section 147 of the Indian
through the Superintendent of police to Penal Code
the Magistrate having jurisdiction (D) All of the above
Correct statement/statements is/are— 10. In cases of petty theft or burglary the
(A) Only 1, 2 and 5 investigation may be made
(B) Only 2, 3 and 5 (A) On the order of the Superintendent of
Police
(C) Only 2, 3 and 4
(B) With the concurrence of Deputy
(D) All of these Inspector General
5. “The entries in the first information report (C) (A + B) both
must be made at once even if the report is (D) Only (B)
received at night”.
11. Which para of the U.P. Police Regulations
(A) 99 (B) 94 provides the “Investigation should ordinarily
(C) 97 (D) 98 be earned out and completed on the spot”—
6. The copies of report will be sent immediately (A) Para 97 (B) Para 104
in the red envelope to the superintendent (C) Para 107 (D) Para 106
 P. R. & P. Act | 43

12. Match List A with List B and answer the 17. Which of the following is not a correct
question with the code given below— statement regarding case diary ?
List A (Para) (UPAPO 2006)
(a) Para 108 (b) Para 109 (A) At which he receives information on
(c) Para 111 (d) Para 114 which he acts
List B (Provision of the para) (B) At which he begins investigation
1. Police diary (C) At which investigation is closed
2. Particulars of the case diary (D) When he was called by the Superintendent
3. Search on day or night of police for inquiry regarding the
4. Plan of the scene of occurrence progress of investigation
Code : 18. In which of the following decisions it was
(a) (b) (c) (d) laid down that the accused cannot use the case
(A) 2 3 4 1 diary ? Neither the accused nor his council
can requisition the case diary and they cannot
(B) 4 1 3 2
claim to go through it—
(C) 1 2 3 4
(UPAPO 2006)
(D) 3 4 2 1
(A) U.P. state V. Harish Chandra Singh
13. The main objective of a plan of the scene of
occurrence is— (B) Arya Veer Saxena V. State
(A) To help a court to understand the case (C) State of Kerala V. Amini and others
properly (D) Mukund Lal V. Union of India
(B) To help a supervising police officer to a
proper understanding of the fact Answers with Explanation
(C) (A + B) both 1. (B) 2. (A) 3. (C) 4. (D)
(D) Only (A) 5. (A) That provision is provided in para 99 of
the U.P. Police Regulations.
14. A plan of the scene of occurrence should be
made in which offence/offences— 6. (D) 7. (A) 8. (A) 9. (D) 10. (E)
(A) Murder 11. (D)
(B) Dacoity 12. (C) Para 108 is related to Police or case diary
(C) Important burglary while para 109 is related to particulars of the
(D) All of the above case diary. Para 111 provides for search on
day or night and para 114 about the plan of
15. Every confession which a person in police scene of occurrence.
custody wishes to make shall be recorded by 13. (C) 14. (D) 15. (A) 16. (A)
the—
17. (D) Para 108 provides that in case diary he
(A) Highest Magistrate should mention the time and place at which
(B) District Magistrate he received the information, on which he acts.
(C) (A + B) both The beginning of his investigation he must
(D) None of the above note in the diary and also the time and place
at which he begins the investigation must be
16. Under para 123 particulars as to any previous noted in the diary.
conviction of an accused should be noted in—
18. (D) In Mukund Lal V. Union of India it was
(A) Column 7 held that the accused can not use the case
(B) Column 9 diary. But neither the accused nor his council
(C) Column 10 can requisition the case diary and they can not
(D) None of these claim to go through it.

●●●
Part V
Inquests, Post-mortem Examination and
Treatment of Wounded Persons
Para 129 to 164

Inquests, Post-mortem Examination Procedure, should, if possible, be made before the

and Treatment of Wounded Persons, body is touched or moved. The inquest report
Para 129 to 146 should be in the form no. 211. In cases in which
there is doubt that death was due to an accident or
Chapter XII and para 129 to 146 of U.P. suicide and in which inquiry is conducted in one
Police Regulations make provisions relating to day, this form may be used both as the inquest
inquest, post mortem examination and treatment report under Section 174 of the Code of Criminal
of wounded persons. Procedure and as the case diary prescribed under
Information of Sudden or Unnatural Section 172.
Death and Immediate Action, Para 129 In Pedda Narainjana V. State (1975) 4 S.C.C.
153, it was held that the object of an inquest report
Para 129 provides that under Section 40 of the is to ascertain the apparent cause of the death
Code of Criminal Produce the Village Chaukidar whether it was under suspicious circumstances or
is required to report at the police station the an unnatural death. How one was assaulted who
occurrence in or near his village of any sudden or had assaulted or the circumstances of the assault
unnatural death under suspicious circumstances or are not relevant for such report nor is required by
the discovery in or near his village of any corpse the law. Similarly the statement of the witnesses
or the part of a corpse in circumstances which are not to be incorporated in the inquest report as
leads to reasonable suspicion that such a death has it was held in Shakila Kader V. Nausheer Cama
occurred. (1975) 4 S.C.C. 122.
When such a report is made, a police officer
empowered to make an investigation under Relation between, Para 134 and 135
Section 174 Criminal Procedure Code must According to para 134 when the death is
immediately take the action indicated in this known or suspected to be due to the commission
Section. of a cognizable offence or when for any other
reason the investigation officer considers it
Person Empowered to Investigate, Para obedient to so to do, he shall send the body for
131 post morterm examination if the state of weather
According to para 131 all Sub Inspectors and and the distance admit of its being forwarded
such head constables as may be specially selected without risk of such putrefaction on the road as
by the Superintendent of Police are empowered by would render examination useless.
local Government to make inquiries under Section According to para 135 the finger impression
174 of the Code of Criminal Procedure. of all unidentified corpse should be taken on
search slip form and sent to the Finger Print
Process of Investigation, Para 132 Bureau for search. Similarly, where death is
Para 132 provides that investigation by the known suspected to be due to the commission of a
police under Section 174 of the Code of Criminal cognizable offence and where there is any
 P. R. & P. Act | 45

possibility that finger impression if subsequently (7) Was there vomitting ?

found on the scene of the crime may become (8) Any other symptoms noticed.
material to the investigation of the finger
In case of suspected human poisoning a short
impressions of an identified cropse should be
account of the facts of the case should be given in
taken on a search slip inorder that they may be
the following forms for the guidance of Chemical
compared with any finger impression found at the
Examiner when the substance is transmitted for
scene of the crime before time is wasted using the
analysis—
latter as a basis of search for the culprit.
(1) Name, sex and age of patient.
Examination of Dead Body or (2) Nature of food last time taken.
Wounded Person, Para 136 (3) How soon after this meal did the
symptoms of poisoning begin ?
Para 136 provides that following steps shall
(4) Did the patient walk from the place where
be taken by investigation officers to assist medical
he was first taken ill ? If so how far ?
officers in making examinations of dead bodies
and injured persons— (5) Did the patient complain of pain or
discomfort.
I. In the cases of suspected poisoning—
(6) Was there purging ?
(A) The following substances and Articles
should be collected and dealt with as prescribed in (7) Was there vomitting ?
paragraph 139— (8) Did patient talk susibly or foolishly ?
(1) Any food or drink taken by the person (9) Did the patient pick at objects on the
supposed to have been poisoned. grounds or bed ?
(2) Any vomitted matter which may be on the (10) Was any treatment adopted, if so what
person or bed. was it’s nature ? etc.
(3) Any clothing, matting, wood, mud or Information on the above point should be
other substance into which the vomitted matter forwarded to the District Magistrate before the
has soaked. latter officer sends the substance for chemical
(4) The contents of any vessel containing analysis.
vomitted matter, this should be carefully put into a II. In Case of hanging or strangulation—
bottle. (1) If possible before the body is cut down or
(5) The Ashes of the funeral pyre in the event removed the means of strangulation should be
of cremation. noted and any lividity of face, especially of lips
(B) Information on the eight following points and eyelids, any projection of the eyes, the state of
should be elicited as early as possible and entered tongue whether enlarged and protruded or
in the case diary in due order— compressed between the lips, the escape of any
fluid from mouth and nostrils and the direction of
(1) The interval between the last time that the
its flow.
person who is supposed to have been poisoned or
drunk anything or took any medicine and the first (2) When the body is cut down, or the means
appearance of symptoms of poisoning. of strangulation removed, the state of the neck
should be noted.
(2) The interval between the last time of
eating or drinking either food or medicine and the (3) The materials by which hanging or
occurrence of death. strangulation has been effected should, if possible
(3) Whether the person moved from the place be obtained and dealt with as prescribed in
where the first symptoms were noticed, and if so paragraph 142.
how far he went. III. When a body found in a tank or well,
(4) What were the first symptoms of following points should be noted—
poisoning. (1) Any marks of blood around the mouth of
(5) Whether vomiting or purging occurred. the well or tank or on the sides.
(6) Whether the person fell asleep or become (2) When the body is removed any external
drowsy. marks of injury specially about the head and neck.
46 | P. R. & P. Act

(3) Whether the skin is smooth or rough. dure shall be observed when a body is sent for
The hands should be examined and anything post mortem examination—
they may hold should be carefully removed. (1) The body shall be laid in the shell in the
IV. In the case of a body found murderd— state in which it has been found. No substance
should be applied to it in the hope of delaying
(1) The number, character and appearance of
decomposition.
any injuries should be noted.
(2) The body shall be accompanied by a
(2) If a weapon is found, it should be wrapped
police constable and Chaukidar. If the Thana is
in paper and sealed, any marks of blood on it and
over 20 miles distance from the medical officer,
any adherent hairs should be noted and preserved.
the constable and chaukidar may be relieved at
(3) In the case of an exposed infant, the state one or more intermediate stations but the number
of the cord especially whether it is tied and any of reliefs should be kept as low as possible.
marks of ridence, should be noted.
(3) The names of police constable and
V. In the case of a presumed murder and chaukidars and of relieving constables and
burial or cremation of the remains— chaukidars, if any shall always be entered in
(1) Any marks of evidence especially about police form nos. 13 and 33.
the skull, should be sought for and noted. (4) The constable accompanying the body
(2) Any indications of sex should be noted, shall be given from the permanent advance in the
and jaw and a bones of the pelvis at least brought station a sum sufficient to pay the coolies and
away. other necessary expenses and cheque in form no.
(3) If there is any suspicion of poisoning, the 11 for the realization of the money at head-
earth from the place in which the stomach was quarters, if the body is being sent there.
found should be carefully taken up and dealt with (5) The constable be instructed by the officer
as in para 142. sending in the body to make it over to the medical
(4) If a body presumed to have been murdered officer with the usual requisition, he will remain
has been burnt any fragments of bones which may incharge of body until the medical officer has
be found among the ashes should be collected and completed the examination and will arrange for
dealt with as in para 142. the disposal of the remains in the absence of
VI. In case in which an opinion on the relatives of the deceased.
nature of stains on clothes is required, the stain (6) The investigating officer shall prepare a
should be allowed to dry before the clothes are duplicate descriptive roll of body containing
folded up—In the case of blood stains or spots on particulars of identification distinct from any
mud floors or hard earth, etc., the piece containing injuries that may be apparent. He shall give one
the suspected stains should be cut out and copy of this roll to the constable accompanying
wrapped in cotton wool before it is disposed of as the body and sent the other by post to the police
in paragraph 142. officer incharge of headquarters.
According to para 137 all dead bodies of (7) Besides the descriptive roll, there shall be
which an examination is required shall be sent to sent with the body a statement in form no. 13
the head quarters of the district except from the which must be prepared with the utmost care etc.
places enumerated in Appendix V of these (8) The constable and chaukidar shall
regulations. identified the body in presence of the medical
Para 138 provides that in the case of body officer before the post mortem examination is
sent for examination by the government railway made.
police of the head quarters of a district, it shall rest (9) A translation of the civil surgeon’s report
with the Superintendent of Police of the district should be made in the superintendent’s office as
concerned to decide whether a post mortem soon as possible, and a copy of the translation
examination is actually necessary. despatched to the officer incharge of the police
Post mortem examination and proce- station.
dure, Para 139 According to para 140 when a police officer
According to para 139 the following proce- sends a person for examination by a medical
 P. R. & P. Act | 47

officer, he should clearly explain the object at examiner, the civil surgeon shall proceed as laid
such examination unless for special reasons down in chapter XV of the medical manuals.
explanation appears undesirable. Superintendent (6) If the court intimates that it does not
of Police should as far as possible take steps to consider an examination by chemical examiner
prevent cases being sent to medical officers necessary, the civil surgeon shall return the
unnecessarily. contents of the parcel to the court for disposal,
Para 141 says that the Public Prosecutor will obtaining a receipt for it from the court.
correspond direct with the civil surgeon when The civil surgeon shall be custodian of
sending an article or substance to him for substances of an offensive nature as long as the
examination. medical analysis is under the consideration. Once
Para 142 provides that all substances and the analysis has been made and the report and
articles connected with the commission of an substances have been presented in the court, the
offense which may be required as evidence at the police should take charge of exhibits which should
trial should be sent with an invoice by the be kept in malkhana.
investigating officer to the public prosecutor shall Para 143 provides that sounded persons shall
sign the invoice to show that he has received the be conveyed to headquarters or in certain districts
parcel and shall make an entry for it in his to the places mentioned in the Appendix V. If
register. The invoice should show the name of the their injuries are very severe or dangerous and
constable who has brought the sealed cover. they are able to wear the journey. Otherwise they
(2) If no medical or chemical examination of may be sent to a muffasil dispensary if there is one
the articles is required the public prosecutor shall nearer. If the wounded person is sent to the
keep it until it is wanted for production in the headquarters of the district or to a place where
court. there is an English police officer, form no. 34 will
(3) If the examination by the civil surgeon or be prepared there otherwise form no. 34 A will be
chemical examiner appears to be necessary. The prepared by the officer incharge of a police
public prosecutor shall sent it to the civil surgeon station.
with a letter requesting him to examine it. The According to Para 144 the medical officer
civil surgeon must be informed of the details of shall prepare an injury or postmortem report in
the case, as a full medico legal history must triplicate. The original copy of the report will be
accompany articles sent to chemical examiner or forwarded to the Superintendent of Police through
Imperial Serologist. He must also be informed if the normal channel, the duplicate copy will be
blood group tests are required. There must not be handed over in a sealed cover to the constable
asked for unless really essential to the case. The accompanying the injured or the dead body and
public prosecutor shall note in his register, the the third copy will be retained by the medical
agency by which the parcel is sent and shall obtain officer as the office copy.
the civil surgeon’s receipt for it. If in the course of investigation, it becomes
(4) On receiving the parcel, the civil surgeon necessary to seek information on the certain points
will open it and inspect the contents. If he finds pertaining to the injury or post mortem report, the
that he can examine them, he will do so and unless superintendent of police may depute an officer not
they consist of offensive matter such as stomach below the rank of Sub Inspector of police, with a
washing, vomit or viscera, he will return them written letter of request, to obtain such
with the report of his examination to public information from the medical officer who had
prosecutor, who will produce the report and the prepared the injury or postmortem report, the
contents of the parcel, if returned, when required medical officer shall supply the information and
by the court to do so. If the contents are of such a keep a record of such replies.
nature that chemical examination appears Important Facts
desirable, the civil surgeon shall inform the court ● Provisions relating to ‘INQUEST, POST
to that effect and return the contents until orders MORTEM EXAMINATION AND TREAT-
from the court are received. MENT OF WOUNDED PERSONS’ are
(5) On receipt of orders from the court made in para 129 to 146 of the chapter XII of
requiring him to send the contents to the chemical the U.P. Police Regulations.
48 | P. R. & P. Act

● Para 129 provides that under section 40 of the ● Para 135 says that finger impressions of all
criminal procedure code the village unidentified corpses should be taken an
Chaukidar is required to report at the police search slip form and sent to the finger print
station the occurrence in or near his village of Bureau for search.
any sudden or unnatural death under ● Para 136 provides certain guidelines to be
suspicious circumstances. followed by the investigating officers to assist
● When such a report is made, a police officer medical officers in making examinations of
empowered to make an investigation under the dead bodies and injured persons.
section 174 of Cr.P.C. must immediately take ● According to para 137 all dead bodies of
the action indicated in this section. which an examination is required shall be sent
● Para 131 provides that all Sub Inspectors and to headquarters of the district except from the
places enumerated in Appendix V of this
such head constables as may be specially
regulations.
selected by the local government to make
inquiries under section 174 of Cr.P.C. ● Para 139 provides procedure to be observed
when a body is sent for the postmortem
● Para 132 provides that investigation by the examination.
police under section 174 of Cr.P.C., if ● According to para 140 when a police officer
possible be made before the body is touched sends a person for examination by a medical
or moved. officer, he should early explain the object of
● The inquest report should be in the form no. such examination unless for special reasons
211. exploration appears undesirable.
● The purpose of inquest report is to ascertain ● Para 140 also says that superintendent of
the apparent cause of the death whether it was police should as far as possible take steps to
prevent cases being sent to medical officers
under suspicious circumstances or unnatural
unnecessarily.
death.
● According to para 141 the public prosecutor
● In Shakila Khader V. Nausheer Cama it was will correspond direct with the civil surgeon
held that the statement of witness are not be when sending on article or substance to him
incorporated in the inquest report nor the for examination.
name of eye witnesses to be mentioned ● Para 143 provides about the examination of
therein. wounded persons.
● According to para 134 when death is known ● Para 144 says that medical officer shall
or suspected to be due to the commission of a prepare an injury or postmortem report in
cognizable offence or when for any other triplicate.
reason the investigation officer consider it ● According to para 146 no person may be sent
expedient so to do, he shall send the body for by the police for medical examination against
postmortem examination. his will.

Objective Questions
1. The para of U.P. Police Regulations dealing 3. Which paragraph of the police regulation
with inquest, postmortem and treatment of casts a duty on the village Chaukidar to give
wounded persons are— information to the police station when in or
(A) Para 129 to 146 (B) Para 130 to 146 near his village sudden or unnatural death
(C) Para 135 to 170 (D) Para 140 to 150 occurs ?
(A) Para 135 (B) Para 129
2. Name the chapter which deals with inquest
and postmortem examination— (C) Para 130 (D) Para 131
(A) Chapter X (B) Chapter XI 4. Paragraph 140 of the U.P. Police Regulation
(C) Chapter XII (D) All of these requires that when a police officer sends a
 P. R. & P. Act | 49

person for examination by the medical possible, be made before the body is touched
officer— (UPAPO 2006) or moved ?
(A) He should clearly explain the object of (A) Para 132 (B) Para 131
such examination (C) Para 130 (D) Para 133
(B) He should fix the time within which the 9. Purpose of inquest report is to—
medical examination must be completed
(A) Ascertain the apparent cause of death
(C) He should send an escort along with the
(B) Name of the accused who assaulted
person to be medically examined
(C) Circumstance of the assault
(D) He should take all care so that the person
may not abscond. (D) Ascertain the name of witnesses
5. Which para of U.P. Police Regulations deals 10. When a body is found in a tank or well, the
with post mortem examination and proce- points to be noted are—
dure ? (UPAPO 2006) (A) Any marks of blood around the mouth of
the well or tank
(A) 137 (B) 138
(B) When the body is removed, any external
(C) 139 (D) 140 marks of injury
6. Match list A with list B and answer the (C) Whether the skin is smooth or rough
question using the code given below— (D) All the above
List A (Para) 11. In the case of a body is found murdered the
(a) Para 129 points to be noted are—
(b) Para 131 (A) The number, character and appearance of
any injury
(c) Para 132
(B) If weapons are found it should be
(d) Para 135 wrapped in paper
List B (Provision) (C) In case of an exposed infant the state of
1. Duty of Chaukidar to inform the cord and any marks of violence
2. Persons empowered to investigate should be noted
(D) All the above
3. Investigation should be made before the
body is touched or moved 12. Who will correspond direct with the civil
4. Finger impression of unidentified surgeon when sending an article or substance
persons to him for examination ?
Code : (A) Superintendent of Police
(a) (b) (c) (d) (B) District Magistrate
(A) 4 3 2 1 (C) Commissioner
(B) 3 4 1 2 (D) Public Prosecutor
(C) 2 1 4 3 13. Which para of the U.P. Police Regulations
(D) 1 2 3 4 deals with the provisions that no person may
be sent by the police for medical examination
7. Which paragraph of U.P. Police Regulation
deals with the guidelines to assists medical against his will ?
officers in making examinations of dead (A) Para 142 (B) Para 143
bodies and injured persons ? (C) Para 144 (D) Para 146
(A) Para 129 14. The medical officer shall prepare an injury or
(B) Para 140 post mortem report in—
(C) Para 136 (A) Duplicate
(D) Para 139 (B) Triplicate
8. Which paragraph of U.P. Police Regulations (C) Only in original
provides that investigation by the police if (D) In all the above form
50 | P. R. & P. Act

15. In a case of suspected human poisoning the superintendent of police should as far as
facts to be given to the chemical examiner possible take steps to prevent cases being sent
are— to medical officers unnecessarily.
(A) Name, sex and age of the patient 5. (C) Para 139 of the U.P. Police Regulations
(B) Nature of the food last taken provides a procedure that shall be observed
(C) Did the patient complain of pain or when a body is sent for the post mortem
discomfort examination.
(D) All of the above 6. (D) 7. (C) 8. (A) 9. (A) 10. (D)
11. (D) 12. (D)
Answers with Explanation 13. (D) Para 146 provides, that no person may be
1. (A) 2. (C) 3. (B) sent by the police for medical examination
4. (A) Para 140 provides, that when a police against his will and if a women in a police
officer sends a person for examination by the case declines to be examined by a male
medical officer, he should clearly explain the medical officer she should be sent to the lady
object of such examination unless for special doctor incharge of Lady Dufferin Hospitals.
reasons explanation appears undesirable 14. (B) 15. (D)

●●●
Part VI
Absconded Offenders
Para 215 to 222

Absconded Offenders, Para 215-222 country in order to escape from the arm of law can
be said to absconded. If a person, before the legal
Chapter XIX of the U.P. Police Regulations process would be issued some how or other comes
deals with the Absconded offenders. Provisions to know of the issue of such a process or
relating to absconded offenders are made in para anticipates the issue of the process and quits the
215 to 222 of the above regulations. country, he can be said to have absconded.
Para 215 of the U.P. Police Regulations
provides that whenever an officer incharge of Who is Absconded Offender, Para 216
police station or officer making an investigation Para 216 of the U.P. Police Regulation
under chapter XII of Cr.P.C. is satisfied, that a provides that any person for whose appearance a
person whom he is empowered to arrest under proclamation has been issued under section 82 of
Section 41 (1) of the code has been absconded or the Criminal Procedure Code is an ‘absconded
is concealing himself so that he can not be offender’ within the meaning of this chapter.
arrested he must apply to the court having Categories of Absconded Offenders,
jurisdiction, successively, for a warrant of arrest, a
proclamation under section 82 of Cr.P.C. and an Para 217
order of attachment under Section 83/84. All those Para 217 provides that absconded offenders
applications should be made as early as may be shall be divided into two classes—A and B, class
desirable in the particular case, they need not be A will include all absconders whose names, caste,
delayed for the conclusion of an investigation, and residence and antecedents have been verified
a warrant of arrest, a proclamation and an order of beyond all possibility of doubts, class B will
attachment may all legally be issued one after the consist only of those persons whose real names,
other in their proper order on the same day. The residence and antecedents have not been
officer who asks a court to issue a proclamation ascertained.
must be prepared to produce legal evidence to All escaped transmarine convicts should be
prove that the person whose arrest is desired has registered automatically as absconded offenders of
absconded and must not accept the mere statement class A.
or report of an officer who has no personal Para 218 provides that at every police station
knowledge of the absconding to satisfy the court. a register shall be maintained in form no. 214, in
When an order of attachment is issued he must which shall be entered the names and full
satisfy himself that it is efficiently executed. particulars of all absconded offenders in both
In K.T.M.S. Abdul Qadir V. Union of India congizable and non cognizable cases, persons
AIR 1977 Mad. it was held that the primary coming under classes A and B are separately
meaning of the word ‘abscond’ is to hide and shown. Every absconded offender of class A shall
when a person is hiding from the place of his be shown in the register of every police station in
residence, he is said to be absconded. A person which he has a wife, father, mother, son, daughter,
may hide even in his place of residence or away brother or sister having as well as in the register of
from it and in either case he would be absconding the police station (1) in which he was living
when he hides himself. One who leaves the himself and (2) in which the offence for which he
52 | P. R. & P. Act

is wanted was committed. It is the duty of the years in the case of absconders of class A and of 5
Superintendent of the district in which the offence years in the case of absconders of class B after the
was committed to inform the Superintendent of absconder was last heard alive.
other district in which the offence ought to be The order of District Magistrate to expunge
registered on account of the residence or the name of absconded offender—Para 221 of
relationship and it shall be the duty of those U.P. Police Regulations provides that the District
superintendents to register the name of the Magistrate may also order the name for any
absconders in their districts on receiving such offender tribal in his district to be expunged
informations. Absconders of class B need be although the conditions mentioned in the
registered only at stations where the offences in preceding paragraph have not been fulfilled when
which they were concerned were committed. ever he considers that owing to insignificance of
Column 17 of this register should be kept up the offence it is unnecessary to continue the search
to date and the station officer must inform the for the absconder, provided that he shall not thus
superintendent whenever a relation or associate of expunge the name of an offender whose offence is
an absconded offender changes his address. The triable exclusively by the Court of Sessions.
superintendent will pass on his information to all Para 221 further provides that the District
other districts or police stations concerned, if the Magistrate shall consider once a year either in
offence for which the offender is wanted was connection with the inspection of police stations
committed in his district, otherwise he will or be examining the list of absconded offenders
inform the Superintendent in whose district the whether any names should be expunged. When the
offence was committed and latter officer will then name of an offender has been expunged by the
inform all concerned. District Magistrate or the superintendent, he shall
Duties of Public Prosecutor, Para 219 not be prosecuted for the same offence otherwise
than an complaint, without the sanctions of the
According to para 219 the public prosecutor District Magistrate.
shall maintain at headquarters in English a register
for the whole district in the same form as the When the Court should be asked to
station register separate parts being allotted to Record Evidence, Para 222
each class A and B. His register shall contain the Para 222 provides that in all cases in which an
names of only those absconded offenders who are accused person has absconded, except those of an
triable in the district, other than those wanted by exceeding trivial or petty nature or when special
the Government Railway Police for whom circumstances exist, which make the procedure
Railway Police Public prosecutor maintains a unnecessary or undesirable, the Court should be
register. asked to record the evidence against him under
In the column of remarks of the district section 299 Cr.P.C. the police must however,
annual return of absconded offenders should be register the names of absconders without waiting
shown the number of absconder non residents of for proceeding under Section 83, 84, and 299 to be
the district concerned, who figure on the public taken against them. All cases in which for special
prosecutor's register. reasons evidence has not been recorded under
Section 299 must be put up before Deputy
When Superintendent may Order Inspector General at the time of his inspection.
Names of Absconded Offenders to be In order to render the evidence, record under
Expunged, Para 220 Section 299 admissible at a future trial it must be
Para 220 provides that the superintendent may proved and put on record that the offender has
order names of absconded offenders to expunge absconded and there is no immediate prospect of
for any of the following reasons—(1) Arrest, arresting him. The provisions of Section 299
(2) Ascertained death, (3) When owning to the should be carefully studied.
death or disappearance of all important witnesses
and in the absence of proceeding under section Important Facts
299 of Cr.P.C. or any other reason the evidence ● Provisions relating to absconded offenders
against on absconded offender is found sufficient have been made in para 215 to 222 of the
for successful prosecution. (4) The lapse of 30 chapter XIX of the U.P. Police Regulations.
 P. R. & P. Act | 53

● Para 215 provides that whenever an officer should be divided into two categories—class
incharge of a police station or an officer A and class B.
making an investigation under chapter XII of ● Class A will include all absconders whose
Cr.P.C. is satisfied that a person whom he is name, caste, residence and antecedents have
empowered to arrest under Section 41 (1) of been verified beyond all doubts.
Cr.P.C. has absconded or is concealing ● Class B will consist only of those persons
himself so that he cannot be arrested, he must whose real names residence and antecedents
apply to the Court successively for a warrant have not been ascertained.
of arrest, a proclamation under Section 82 and
an order of attachment under Section 83/84. ● Para 220 provides that the Superintendent
may order names of absconded offenders to
● All the above applications should be made as be expunged for any of the following
early as desirable in the particular case and reasons—(1) Arrest, (2) Ascertained death,
they need not be delayed for the conclusion of (3) Death or disappearance of all important
an investigation. witnesses, (4) The lapse of 30 years in the
● A warrant of Arrest, a proclamation and an case of class A and 5 years in the case of class
order of attachment may all legally be issued B offenders.
one after the other in the proper order on the ● Under para 221 District Magistrate may also
same way. order the name of any offender triable in the
● ‘Absconded offender’ term is defined in para district to be expunged whenever he considers
216. This para provides that any person for that owing to the insignificance of the offence
whose appearance a proclamation has been it is unnecessary to continue the search for the
issued under Section 82 of Cr.P.C. is an absconder.
absconded offender within the meaning of ● But District Magistrate will not give such an
this chapter. order when the offence is triable exclusively
● According to para 217 absconded offenders by the Court of Sessions.

Objective Questions
1. The public prosecutor shall maintain at the (C) Who is not appearing before the Court
headquarters a register for the whole district (D) All the above
containing the names only of those
absconding offenders— (UPAPO 2006) 4. Absconded offenders shall be divided into
(A) Who are triable in the district two classes—
(B) Whose names, caste, residence and (A) Class A and B (B) Class C and D
antecedents have been verified beyond (C) Class D and E (D) None of these
all possibility of doubt
(C) Whose real names, residence and antece- 5. Class A of absconded offenders includes
dent have not been ascertained persons—
(D) Who are non residents of the district (A) Whose names, caste, residence and
concerned antecedents have been verified beyond
all doubts
2. The term ‘absconded offender’ is defined in
paragraph— (B) Whose real names, residence and
antecedents have not been ascertained
(A) 215 (B) 216
(C) 217 (D) 218 (C) Who are the residents of other districts
3. Who is an absconded offender ? (D) None of the above
(A) For whose appearance a proclamation 6. Class B of the Absconded offenders relates
has been issued under Section 82 of the to—
Cr.P.C. (A) Whose names, residence and antecedents
(B) Who is hiding himself have not been ascertained
54 | P. R. & P. Act

(B) Whose names, residence and antecedents 3. Order of the superintendent to expunge
have been ascertained the name of absconded offender
(C) Whose residence are susceptible Code :
(D) All of the above (a) (b) (c)
7. Which paragraphs of U.P. Police Regulations (A) 1 2 3
deals with the absconding offenders— (B) 2 1 3
(UPAPO 2003) (C) 3 1 2
(A) 196 to 214 (B) 215 to 222 11. When District Magistrate may not order to
(C) 190 to 195 (D) 223 to 276 expunge the name of absconded offender
form the register ?
8. In what circumstances Superintendent may
(A) When the offence is exclusively triable
order names of absconded offenders to be
by the Court of Sessions
expunged ?
(B) When the offence is insignificant
(A) Arrest
(C) When he seems it to be unnecessary
(B) Ascertained death
(D) All of the above
(C) When owing to the death or disappe-
arance of all important witnesses the 12. Which para of the Police Regulations deals
evidence is found to be insufficient for with recording of evidence by the Court ?
successful prosecution (A) Para 221 (B) Para 22
(D) For all above reasons (C) Para 219 (D) Para 217
9. Except superintendent who may also order the
name of absconded offender to be
Answers with Explanation
expunged— 1. (A) Para 219 provides that public prosecutor
(A) Commissioner shall maintain at headquarters in English a
register for the whole district in the same
(B) Director General
form as the station register, separate parts
(C) District Magistrate being allotted to each class A and B this
(D) All of the above register shall contain names only of those
10. Match list A from list B and answer the absconded offenders who are triable in the
question correctly using the code given district, other than those wanted by the
below— government railway police for whom Railway
Police Public Prosecutor maintain a register.
List A (Para)
2. (B) 3. (A) 4. (A) 5. (A) 6. (A)
(a) Para 216 (b) Para 217
7. (B) Provisions relating to absconded
(c) Para 221 offenders have been made in para 215 to 222
List B (Provisions) of chapter XIX of the U.P. Police
1. Who is absconded offender Regulations.
2. Classes of absconded offenders 8. (D) 9. (C) 10. (A) 11. (A) 12. (B)

●●●
Part VII
Registration and Surveillance of Bad Characters
Para 223 to 276

Registration and Surveillance of Bad Sections 489-A to 489-D Indian Penal

Characters, Para 223 to 276 Code—Forgery of currency and Bank Note
General provisions relating to registration and Sections 109 and 110 Criminal Procedure
surveillance of bad characters have been made in Code-Bad livelihood etc.
para 223 to 276 of the chapter XX of U.P. Police All offences enumerated in the schedule of
Regulations. the Criminal Tribes Act of which the members of
Village Crime Book—Para 223 provides that a tribe declared to be a criminal tribe under
the village crime note book is a confidential Section 3 of the Act are convicted.
record kept at every police station and contains All crimes will be entered, whether truly or
information about the crime and criminals of each falsely reported, if a case is expunged the fact will
village in the circle. The officer incharge of the be noted in the last column, the entries in the other
police station is responsible for its safe custody column will stand.
and contents. In cities and towns which are too
According to para 226 in part III will be
large for a single note book there should be a
entered particulars of all residents of the village
separate note book for each muhalla or each
convicted of any of the following offences.
division.
Entries in parts I, II and III may be made by a Part A
sub ordinate under the supervision of the officer For the purposes of Section 75 of Indian
‘incharge of the police station. Entries in Part IV Penal code.
will be made in accordance with the instructions
Chapter XII Indian Penal Code—All offences
in para 228 below.
except those punishable under Section 241, 254
Para 224 provides that in part I will be shown
and 262,
particulars of population outlying hamlets, evenue
market days, principal castes and tribes, headmen, Chapter XVII Indian Penal Code—Sections
chief land owners, other leading men and 379 to 382, 384 to 389, 392 to 394, 397 and 398,
watchman of the village, under the heading ‘Other 395, 396, 399 and 402, 400 and 401, 406 to 408
leading men’ only residents of the village be and 409, 411 to 422, 449 to 452 and 433 to 440,
shown. 429 to 433 and 435 to 440, 449 to 452, 454 to 457
Para 225 says that in part II will be entered etc.
particulars of all offences committed within the Part B
limits of village area which are—(1) Cognizable
and reported to the police, (2) fall under the For the purposes of Section 3 and 4 of
following sections of the Indian Penal Code or whipping Act IV of 1909—
other laws whether originally reported to or dealt Section 376, Indian Penal code—Rape
with by the police or not— Section 377—Natural offence.
Section 121, 121-A and 124-A Indian Penal
Code—offences against the State. Part C
Section 465 to 469 Indian Penal Code— For the purpose of Section 2 and 3 Criminal
Forgery. Tribes Act conviction of members of a tribe
56 | P. R. & P. Act

declared to be criminal tribe under Section 3 of for offences falling under more than one of these
the Criminal Tribes Act for any offence under heads his name will be entered under each.
Section 21, 24 and 25 of the Act or included in Para 227 provides that part IV will contain
schedule of the Act. entries regarding religious festivals and disputes,
Part D disputes over property, faction offences affecting
the railways, canals and telegraphs, the presence
Other offences— of criminal tribes, the prevalence of organised
Sections 121, 121-A and 124-A Indian Penal crimes such as cattle theft etc.
Code—Offences against the State
History Sheets and Surveillance—
Section 170—Impersonating a public servant
Section 212, 213, 216 and 216-A. Indian
Part V
Penal Code—Harbouring and other offences According to para 228 Part V consists of
against the public justice. History sheets. These are the personal records of
criminals under surveillance. History sheets
Sections 311, 363 to 369, 465 to 469 etc.
should be opened only for persons who are or
Names of persons convicted under the likely to become habitual criminals or the abettors
following sections of Indian Penal Code will be of such criminals. There will be two classes of
entered in part III only be the special order of the History sheets—
Superintendent of Police— (1) Class a History sheets for dacoits,
Sections 143 to 153—Rioting, Unlawful burglars, cattle thieves, railway good wagon
assembly. thieves and abettors there of.
Section 300—Murder. (2) Class B History sheets for confirmed and
Section 304—Culpable homicide. professional criminals who commit crimes other
Section 307—Attempted murder. than dacoity, burglary, cattle theft and theft from
Section 324 to 327—Hurt and grievous hurt. railway goods wagon. This class B includes
professional cheats and other experts for whom
In remark column of part III will be shown criminal professional files are maintained by the
the nature of offence committed e.g. cattle theft, criminal investigation department, poisoners,
dropped jewellary Trick. If an ex convict is a cattle poisoners, railway passenger thieves, expert
member of a known gang this fact will also be pick pockets, forgers, coiners, cocaine and opium
noted. The modules operandi of men sentenced for smugglers, hired ruffians and goondas, telegraph
burglary should be described. If an ex convict wire cutters, habitual illicit distillers and abettors
permanently changes his residence the new thereof.
residence will be noted in the last column and his
History sheets of both classes will be
name will be entered in part II of the register of
maintained in similar form but those for class B
the village to which he has gone. The name of ex
will distinguished by a red bar marked at the top
convict who have been convicted only once and
of the first page. No History sheet of class B may
for whom no History sheet have ever been opened
be converted into a History sheet of class A.
will be expunged 20 years after the expiry of their
though should be the subject of a History sheet of
sentence. The names of other convicts will be
class B be found to be also addicted to dacoity
expunged only on their death.
burglary. Cattle theft or theft from railway goods
An alphabetical index to part III of village wagons. A class as well as B class surveillance
crime note books will be maintained at every may under paragraph 238 be applied to him. In the
police station classified under the following heads event of a class A History sheet man become
to each of which a separate register or part will be addicted to miscellaneous crime his History sheet
allotted : Dacoity, cattle theft, pick pocketing, may be converted into a class B History sheet with
railway passenger theft goods wagon theft sanction of Superintendent.
cheating, kidnapping etc. and other miscellaneous
offences entered in part III. The Basis of Classification of History
The list may be further sub classified by the Sheets, Para 229
order of Deputy Inspector General or the According to para 229 the basis of
Superintendent of Police. If a person is convicted classification of History sheets as A and B is based
 P. R. & P. Act | 57

on the principle, that whereas there is always hope only during that period no complaints have been
of a dacoit, burglar or cattle thief or railway goods recorded against him.
wagons thief mending his ways, the expert In closing the History sheet of an ‘unstarring’
miscellaneous criminal is as a general rule ex convicts and especially ex convict dacoits great
incapable of reform, the classification therefore, care should be exercised.
solely on the kind of crime to which suspects are Para 232 provides that History sheet of B
addicted and is designed to regulate only— class will be continuously open records and the
(1) The length of time for which a suspect subjects of these sheets will, except for very
should ordinarily remain under surveillance in the special reasons remain under surveillance until
absence of complaint against him. death. This being so it is unnecessary to star
(2) The kind of surveillance which his suspects of this class.
activities requires. Para 233 provides that the discontinuous of
The degree of surveillance of the appropriate surveillance of the subject of a History sheet does
kind exercised over a suspect will depend not in not entail the closing of that History sheet. A
his classification but on the extent to which he is History sheet which is only a record of
believed to be active at any particular time. information need never be considered closed.
Again para 230 provides that if the subject of They will only be destored on the death of the
A class History sheet is thought to be so subject of the sheet or if on the opinion of the
dangerous or irrcorrigible as to require more Superintendent their further retention is not likely
protracted surveillance than the generality of his to be of any value.
class, he may be starred by the order of the Para 234 says that no History sheet of class A
Superintendent. Here again the fait that a History may be discontinued without the sanction of the
sheet man is starred will necessarily indicate only Superintendent of Police. If it is denied to
that he is to be kept under continuos surveillance discontinue the surveillance of the subject of a
for a long period. History sheet of class B, the sanction of Deputy
Superintendent of the district police may not Inspector General or Superintendent, railway
give orders for the starring of or discontinuance of police must be obtained.
surveillance over any History sheeter of a railway Para 235 provides that the names, methods
police suspect without the concurrence of the and associates of all History sheet men under
Superintendent of Government Railway Police. surveillance must be known to the local police and
Para 231 provides that the subjects of History both constable and Chaukidars must be personally
sheets of class A will unless they are ‘starred’ acquainted with them.
remain under surveillance for at least two Para 236 provides that without the prejudice
consecutive years of which they have spent no to the right of Superintendent of Police to put into
part in jail. When the subject of a History sheet of practice any legal measures such as shadowing in
class A whose name has not been starred who has the cities by which they find they can keep in
never been convicted of cognizable offence and touch with the suspects in particular local ties or
has not been in jail or suspected of any offence or special circumstances surveillance may for most
absented himself in suspicious circumstances for practical purposes be defined as consisting of one
two consecutive years his surveillance will be or more of the following measures such as secret
discontinued unless for special reasons to be picketing of house or approaches to the house of
recorded in the inspection book of police station. suspects, periodical inquiries by the officers and
The superintendent decides that it should reporting by constables and Chaukidars etc.
continue. In Kharak Singh V. State of U.P. AIR 1963
When the subject of a History sheet of class A S.C. the para 236 (b) of the police regulation
is starred he will remain starred for at least two which provided for domicillary visits was held
consecutive years during which he has not been in unconstitutional because it abridged the
jail or been suspected of a cognizable offence or fundamental rights of a person under Article 21. It
had any suspicious absence recorded against him. was declared as unconstitutional as it did not have
At the end of that period if he is believed to have the force of law. However in Govind V. State AIR
reformed he will cause to be starred but will 1975 S.C. a same regulation was held valid
remain subject to surveillance will be discontinued because it had the force of law.
58 | P. R. & P. Act

Para 237 provides that all History sheet men (3) When the existence of a gang of criminals
of class A starred or unstarred will be subject to is brought to light, History sheets should be
all these measures of surveillance as mentioned in opened only for the more prominent members of
(a), (b), (c), (d) and (e) of para 238. the gang.
Para 238 provides that History sheet men of (4) History sheets should not be opened for
class B will be subject to measures (c), (d) and (e) persons who have no fixed abode.
but not to measures (a) or (b) unless the nature of (5) It is more important to open History sheets
the particular crime to which they addicted on conviction that on suspicion and the fact that a
requires that these measures should be applied to convict has been sentenced to the term of
them. imprisonment however long is no reason for not
According to para 239 History sheets of both opening his History sheet.
classes will be maintained as directed in this
paragraph and those already in use in the old form Notice Book of Beat Constables and
will be drawn up to confirm with these Names of History Sheeters, Para 245
directions— Para 245 of U.P. Police Regulations provides
(1) Detail of all suspicious absences. that the names of all History sheet men will be
(2) Details of all reports made to the police entered into the notice books of beat constables
and of all cases cognizable and non cognizable and in the crime record books of village
instituted against the bad characters. Chaukidars. All visits by officer and men to
village in which bad characters reside will be
(3) Results of periodicals inquiries made into
shown in the fly sheet of the village crime note
the bad characters, habits and general repute.
book and an entry in fly sheet will indicate that all
(4) Details at cases in which the bad character class A History sheet men in the village have been
have been suspected. visited.
History Sheet on Suspicion and Para 247 provides that when the subjects of a
Conviction, Para 240 History sheet changes his residence within the
Para 240 provides that History sheets of both district. The circle inspector concerned will decide
classes may be opened—(1) On suspicion or (2) whether the History sheet should or should not be
On conviction or acquittal, no History sheet may sent to the police station to which he has gone.
be opened without the order of the superintendent Para 250 provides that lists of bad characters
of police. and the History sheets are confidential records and
though History sheets are kept in the village crime
Principles Guiding Superintendent in note book. The station officer must see that
Opening History Sheets, Para 242 unauthorised persons do not obtain access to them.
Para 242 provides that following principles
should guide the Superintendent of Police in Gang Register, Para 252
deciding whether a History sheet should be Whenever an organised gang of dacoits, cattle
opened and in what category should be placed— thieves or railway goods wagon thieves comes to
(1) As soon as it has been established by light, particulars of whole gang should be entered
suspicion or conviction that a suspect is an active in gang register at every police station and at the
and prominent member of a gang of dacoits, a headquarters of every districts in which any
History sheet of class A should be opened for him member of the gang resides. For burglar gangs
and he should be starred at once. sheets prescribed in circular no.1/VI-23-25 dated
(2) Though class A History sheets should as a 14th September 1929 will be used instead of the
rule be opened for burglars etc. when they first gang register, It is not necessary that all members
come to the notice either on suspicion or of a registered gang should have History sheets.
conviction such suspects should not be starred at Para 256 provides that any gang on the gang
once until it has been clearly established by register which shows signs of fitness for
continued suspicion or by a series of conviction proclamation and registration under the Criminal
that they have become dangerous and confirmed Tribes Act should be brought on the form of gang
criminals and are unlikely to reform. statement prescribed in the Criminal Tribe
 P. R. & P. Act | 59

Manual. A note should be made in the Gang ● Class B History sheets is opened for
Register whenever it is done. confirmed and professional criminals who
Duty of Village Chaukidars, Para 257 commits crimes which are not come under
class B’s crimes.
According to para 257 it is the duty of the
village Chaukidar or beat constables whenever a ● Under para 229 the classification of History
bad character or a History sheet leaves his home, sheet as class A and B is based on—
immediately to inform the officer incharge of the (i) The length of time for which a suspect
police station of his departure and his destination, should ordinarily remain under surveillance's
if known. in the absence of the complaint against him,
According to para 267 if the village and (ii) The kind of surveillance which his
Chaukidars hears the arrival of a suspicious activities requires.
stranger in the village he will question him ● According to para 230 if the subject of A
regarding his antecedents and residence and will
class History sheet is brought to be so
send or take to the police station as quickly as
dangerous or incorrigible as to require more
possible all the informations so obtained.
protracted surveillance than the generality of
Important Facts his class, he may be ‘starred’ by the orders of
● Provisions relating to ‘Registration and the superintendent.
Surveillance of bad characters’ have been ● The subjects of History sheets of class A will
made in para 223 to 276 of chapter XX of the unless they are starred remain under
U.P. Police Regulations. surveillance for at least two consecutive
● Para 223 says that village crime note book is years.
a confidential record kept at every police ● The History sheets of B class will be
station and contains information about the continuously open record and the subjects of
crime and criminals of each village of circle. these sheets will except for very special
● The officer incharge of the police station is reason remain under surveillance until death.
responsible for its safe custody and contents. ● Para 233 provides that the discontinuance of
● Entries in Part I, II and III of the above note
surveillance of the subject of a History sheet
book may be made by the subordinate under does not entail closing of that History sheet.
the supervision of officer incharge of the
police station while entries in part IV will be ● No History sheets of class A may be dis-
made by the officer incharge of the police continued without the sanction of the
station. Superintendent of Police.
● In the first part of village crime note book ● Para 240 provides that History sheets of both
will be shown the particulars of the classes may be opened—(1) On suspicion or
population outlaying hamlets revenue market (2) On conviction or acquittal.
days, principal castes and tribes, headman, ● No History sheet may be opened without the
chief land owners etc. of the village. order of the Superintendent of Police.
● Part IV will contain entries regarding
religious festivals and desputes over property ● Para 242 provides certain guidelines for the
etc. Superintendent of Police in deciding whether
● Part V consists of History sheets. These are a History sheet should be opened and in what
the personal record of criminals under category should be placed.
surveillance. History sheets should be opened ● It is more important to open History sheets on
only for persons who are or likely to become conviction that on suspicion and reason for
habituals criminals or the abettors of such not opening History sheets.
criminals. ● Provisions relating to gang register has been
● There will be two classes of History sheets : made in para 253. It provides that whenever
class A and class B. an organised gang of dacoits, cattle thieves
● Class A History sheets are opened for dacoits, etc. comes to light particulars of the whole
burglars, cattle thieves and abettors there of. gang should be entered in the gang register.
60 | P. R. & P. Act

Objective Questions
1. Which chapter of U.P. Police Regulations 4. Part IV will contain entries regarding
deals with registration and surveillance of bad religious festivals etc.
characters ? The correct statement/statements is/are—
(A) Chapter XX (B) Chapter IX (A) 1, 2 and 3 only (B) Only 2 and 3
(C) Chapter XXX (D) Chapter XIX (C) Only 1, 3 and 4 (D) All of these
2. Name the para in which provisions relating to 7. Which part of the village crime note book is
registration and surveillance of bad characters known as History sheets—
are made ? (A) Part III (B) Part IV
(A) Para 224 to 276 (B) Para 223 to 276 (C) Part V (D) Part VI
(C) Para 230 to 276 (D) None of these 8. Class A History sheets is to be opened for ?
3. Information about the crime and criminals of (A) Dacoits (B) Burglars
each village in the circle are recorded in— (C) Cattle thieves (D) All of these
(A) Village crime note book 9. Class B History sheets is opened for—
(B) Case diary (A) Professional cheats
(C) Gang register (B) Other experts for whom criminal personal
(D) FIR files are maintained by the criminal
4. Entries in part IV of the village crime note investigation department
book are made by— (C) Cattle poisoner and railway passenger
(A) A subordinate under the supervision of thieves
officer incharge of a police station (D) For all above
(B) Officer incharge of the police station 10. History sheets for both classes will be
(C) (A + B) both maintained in the similar form but of which
(D) None of the above class will be distinguished by a red bar mark
at the top of the first page ?
5. Particulars of all residents of the village (A) Class B
convicted for offence of Section 379 to 382 of
Indian Penal Code will be entered in which (B) Class A
part of the village crime note book ? (C) (A + B) both
(A) Part I (B) Part II (D) Neither A class nor B
(C) Part III (D) Part IV
11. The classification of History sheets as A and
6. Consider the following statements regarding B is based on the principles—
the village crime note book— (A) The length of time for which a suspect
1. In part I will be shown particulars of should ordinarily remain under sur-
population, revenue market days veillance in the absence of complaint
principal castes and tribes, headman and against him
chief land owners. (B) The kind of surveillance which his
2. In part II will be entered particulars of all activities requires
offences committed within the limits of (C) (A + B) both
the village area which are cognizable and (D) Neither A nor B
reported to the police.
3. In part III will be entered particulars of 12. Consider the following statements regarding
all residents of the village convicted of the History sheet—
any offences of the Indian Penal Code 1. If the subject of A class History sheet is
such as Sections 392 to 394, 397 and 398 thought to be so dangerous as to require
etc. more protracted surveillance than the
 P. R. & P. Act | 61

generality of his class he may be (D) No History sheet is required to be opened

‘starred’ by the order of Superintendent for a person detained under Section 109
of the Police of the Code of Criminal Procedure
2. Superintendent of District Police may not 16. Match list A with list B and answer the
give orders for the starring of or question using the code below—
discontinuous of surveillance over any
History sheet of a railway police suspect List A (Para)
without the concurrence of superinten- (a) Para 229 (b) Para 228
dent of Govt. Railway Police (c) Para 232
3. The subjects of History sheets of class A List B (Provisions)
will unless they are starred remain under 1. Principle of classification of History
surveillance for at least two consecutive sheet
years 2. Part V consists of History sheets
4. The History sheet of B class will be 3. Class B History sheet will be conti-
continuously open records and will be nuously open
under surveillance until the death of the
Code :
subject
(a) (b) (c)
Correct statements is/are—
(A) 1 2 3
(A) Only 2 and 3
(B) 2 1 3
(B) Only 1, 2 and 4
(C) 3 2 1
(C) Only 1, 3 and 4
(D) 3 1 2
(D) 1, 2, 3 and 4
13. Which paragraph of U.P. Police Regulations Answers with Explanation
deals with gang register ? 1. (A) Provisions relating to registration and
(A) Para 253 (B) Para 255 surveillance of bad characters are made in
(C) Para 252 (D) Para 251 para 223 to 276 of the chapter XX of U.P.
Police Regulations Act.
14. Which paragraph of the U.P. Police 2. (B) 3. (A) 4. (C) 5. (C) 6. (D)
Regulations provides that “No History sheet
of class A may be discontinued without the 7. (C) 8. (D) 9. (D)
sanction of Superintendent of Police” ? 10. (A) Para 228 provides that history sheets of
(A) Para 235 (B) Para 234 both classes will be maintained in similar
form but those for class B will be
(C) Para 236 (D) Para 233 distinguished by a red bar marked at the top
15. Which of following statement is incorrect of the first page.
regarding History sheets ? (UPAPO 2006) 11. (C) 12. (D) 13. (A) 14. (B)
(A) History sheets of class B is for a period 15. (A) Statement (A) is not true because History
of three years and it need not be starred sheet of B class will be continuously open
(B) History sheets of class A for an active record and the subjects of these sheets will
member of a gang of dacoits must be except for very special reason remain under
starred surveillance until death. This being so, it is
(C) No History sheet should be opened for unnecessary to ‘star’ suspects of this class.
person with no permanent residence 16. (A)

●●●
Part VIII
Departmental Punishment and
Criminal Prosecution of Police Officers
Para 477 to 507A

Departmental Punishment and Section 2 of the Police Act are liable to the
Criminal Prosecution of Police following departmental punishment—
Officers, Para 477 to 507 (A) (a) Dismissal or removal from the force as
defined in paragraph 481.
Chapter XXXII of the U.P. Police Regulation
deals with the ‘Departmental punishment and (b) Reduction as defined in para 482.
criminal prosecution of police officers. (i) With holding of promotions.
Para 477 of the U.P. Police Regulations (ii) With holding of increments including
provides that the rules in this chapter have been stoppage of an efficiency bar.
made under Section 7 of the Police Act and apply
only to officers appointed under Section 2 Police (iii) Misconduct entry in the character roll.
Act of 1861. No officer appointed under that Head constables and constables may also be
Section shall be punished by executive order punished with—
otherwise than in the manner provided in this (c) Confinement to quarters.
chapter.
(d) Punishment drill.
The punishment of gazetted officers is
regulated by the conditions of their agreements (e) Extra guard duty
with the secretary of state and by rules the Constables may also be punished with—
secretary of state in council under sub section (2) (f) Fatigue duty which should be restricted to
of Section 96 B of the Government of India Act of the following tasks—
1919. The rule for the punishment of the clerical
staff are given in the officer manual, those for the (i) Tent pitching
punishment of Village Chaukidars in chapter IX (ii) Drain digging
of these regulations. (iii) Cutting grass, cleaning jungle and
In Mahendra Singh V. State of U.P. AIR picketing stones of parade grounds.
1956 All 96 it has been held that Section 7 does (iv) Repairing huts and butts and similar work
not interms make provisions for any enquiry, it in the lines.
merely provides that the exercise of disciplinary
powers shall be subject to rules framed by the (v) Cleaning arms.
state government. It is the chapter XXXII of the Para 478 A provides that punishment noted at
Police Regulation which provides for a (a) and (b) in paragraph 478 may be awarded only
departmental trial for the punishment to be after departmental proceedings. The punishment
inflicted under Section 7 of the police Act. noted at (bc) may be awarded after giving an
opportunity to the officer concerned to show cause
Punishment, Para 478 and punishment noted at (bc) may also be awarded
Para 478 of the U.P. Police Regulation after departmental proceedings have been initially
provides that all police officers appointed under taken.
 P. R. & P. Act | 63

Powers of Officers, Para 479 rigorous imprisonment and should as a rule follow
a conviction for intentionally or negligently
According to para 479 (a) the Governor
allowing a prisoner to escape from the custody,
reserves full powers of punishment with reference
even if the accused is sentenced to a fine. If the
to all officers.
Superintendent does not order dismissal in the
(b) The Inspector General may punish latter case, he must submit his proceedings to the
Inspectors and all police officers of lower rank. Deputy Inspector General of the Range with a
(c) Deputy Inspector General may punish all copy of the judgment and all departmental perpers
officers below the rank of Inspector temporarily or in the case and the character roll of the officer
permanently subordinate to them. concerned.
(d) The Superintendent of Police may punish Dismissal precludes the officer dismissed
all Inspectors and Sub Inspectors temporarily or from being reemployed in govt. service white
permanently subordinate to him except with removal from the force implies that, though the
dismissal or removal of an Inspector or Sub officer removed is unfit for the police duty, he
Inspector of any branch of the force must be for- need not be debarred from reemployment under
warded for orders to Deputy Inspector General of government in another office for which he may be
Police in accordance with the instruction suited.
contained in sub paragraph 490. In A.D. Sauza V. State of M.P. AIR 1961
(e) The superintendent may punish all head M.P. it was held that dismissal from service
constables and constables temporarily or includes removal from the service. The only
permanently sub ordinate to him. distinction between dismissal proper and dismissal
(f) Subject to the provisions of para 491 (i) in shape of removal from the service is that the
and (ii) other Assistant Superintendent of Police former ordinarily disqualified the servant from
and Deputy Superintendent of Police specially future employment, the latter does not do so.
authorised in this behalf by the Deputy Inspector Reduction, Para 482
General of Police so far as his range concerned,
may exercise all the powers of a Superintendent of According to para 482 the following rules
police as detailed in sub paragraphs (d) and (e) of govern reduction—
this para other than powers relating to the (1) No officer may be reduced to a rank lower
punishment of Inspector of Police and powers than in which he was first appointed to the
under the fundamental rules 24 and 25. service.
(a) A reserve Inspector may give punishment (2) No officer may be reduced permanently,
to drill and fatigue duty up to a maximum of three in the sense that he is never to be eligible for the
days to constable posted in the reserve lines. re-promotion however meritorious his subsequent
service may be.
Para 480 (3) An officer may be reduced from one rank
Para 480 provides that punishments will be to another or from one stage in the time scale to a
inflicted only when they are absolutely necessary lower stage in the some time scale. Constables
in the interest at discipline. Before inflicting or may also be reduced as prescribed in sub
proposing a punishment a Superintendent, paragraph (5).
Assistent or Deputy Superintendent or Reserve (4) (a) When the pay of a reduced officer is
Inspector must consider whether a reprimand will after reduction to be regulated by a time scale, the
not suffice, to ensure that the power of reprimand order of reduction shall specify the stage in the
is adequately exercised by the reserve Inspector a time scale which shall be assigned to the officer
defaulter’s book will be maintained in reserve and whether the period of reduction is definite or
lines. undefinite.
(b) If the reduction is to a lower rank and the
Dismissal and Removal, Para 481 period is indefinite, the stage in the time scale of
According to para 481 an order of dismissal the rank to which he is reduced shall not be lower
will be passed only when an officer’s conduct than that which the officer would have reached if
renders his retention in the force undesirable. he had not been promoted to the rank from which
Dismissal must necessarily follow a sentence of he is reduced. If the reduction is a lower rank and
64 | P. R. & P. Act

the period definite any stage in the lower rank B. Judicial Trial, Para 488
may be specified.
Para 488 provides that a criminal charge
(c) If the period of reduction is indefinite the
against a police officer, superior in rank to a head
officer shall not automatically regain his original
constable shall in a separation district be tried by
position.
the Additional District Magistrate. Elsewhere such
If the period of reduction is definite, the
a case will be tried by a judicial officer having a
period shall be specified in the order of reduction
least four years experience of judicial work. In
and shall not be longer than three years.
case a judicial officer with requisite experience is
5. (a) Constables are in a time scale leading
not available, the District Magistrate will keep the
up to a selection grade with a fixed number of
case on his own file or transfer it to the Additional
posts, constables may be reduced from the
District Magistrate.
selection grade to the time scale or from a higher
to a lower stage in the time scale. C. Departmental Trial, Para 489
(b) In addition, constables may also be Para 489 provides that a police officer may be
reduced as follows— departmentally tried under Section 7 of the Police
(i) A class to B class Act—
(ii) To a specified lower position in the list of (1) Whether he has or has not been tried
constables qualified from promotion, and judicially,
(iii) In combination of (a) and (b) (2) After a Magisterial inquiry under the
(e) A constable reduced to a lower position in Criminal Procedure Code, or
the list of constables qualified for promotions will, (3) After a police investigation under the
when his turn comes again to be considered for Criminal Procedure Code or a departmental
the promotion be eligible subject to the provisions inquiry under paragraph 486 as mentioned above.
of chapter XXX. Important Facts
Para 482 A provides that every order with- ● Provisions relating to ‘departmental punish-
holding increment as a punishment shall state the ment and criminal prosecution of police
period for which it is to be withheld, such period officers’ are made in chapter XXXII of the
shall not exceed one year and shall have the effect U.P. Police Regulations.
only of post poning the increment for the stated ● Para 477 provides that the rules in this chapter
period. (chapter XXXII) have been made under
Procedure, Para 483 Section 7 of the police Act 1861, and apply
Para 483 provides that subject to the special only to officers appointed under Section 2 of
provisions contained in para 500 and to any the Police Act, 1861.
special order which may be passed by Governor in ● According to this para no officer appointed
particular case a proceeding against a police under that Section shall be punished by
officer will consist of— executive order otherwise than in the manner
(A) A magisterial or public inquiry followed, provided in this chapter.
if this inquiry shows need for future action, or ● The departmental inquiry under Section 7 of
(B) A judicial trial, or the Police Act is of a quasi judicial character
(C) A departmental trial or both consequently. in respect of which a Writ of Certiori can be
issued.
A. Inquiry, Para 484 ● Distinction between dismissal and removal is
This para provides that the nature of inquiry that dismissal ordinarily disqualifies any
in any particular case will vary according to the further employment and removal ordinarily
nature of offence. If the offence is cognizable or does not.
non cognizable according to the schedule 11 of ● In AIR 1959 All. 569 it was held that chapters
Cr.P.C. and information of it is received by the 32-33 of the Police Regulations are
District Magistrate he may in exercise of his discriminatory and fully cover the case of
powers under the Cr.P.C. either— dismissal. The provisions of Civil Service
(1) Make or order a magisterial inquiry, or Rules are not applicable to the subordinate
(2) Order an investigation by the police. Police Force.
 P. R. & P. Act | 65

● In Mahendra Singh V. State of U.P. AIR 1956 control the working of subordinates who are
All., it has been held that Section 7 does not liable to answer to the controlling officer and
interm make provisions for any enquiry, it would be liable to carry out their orders and
merely provides that the exercise of disci- directions.
plinary powers shall be subject to the rules ● Para 478 provides following punishment—
framed by the State Government. It is chapter (1) Dismissal or removal from the force,
XXXII of the Police Regulation which (2) Reduction, (3) With holding of increment,
provides for a departmental trial for (4) With holding of promotion, (5) Mis-
punishment to be inflicted under Section 7 of conduct entry in character roll.
the Police Act. ● Head constables and constables are subject to
● In Jaipal Singh V. State it has been held that following punishment—
administrative and disciplinary means (1) Confinement to quarters, (2) Punishment
immediate supervision in matters relating to drills, (3) Extra guard duty, (4) Tent pitching,
work and functioning which may include (5) Drain digging, (6) Cutting grass and
powers to call for explanation, suspension and
(7) Repairing huts and butts etc.
awarding minor punishments, namely,
● Para 479 provides the Governor Reserves full
withholding of increment, promotion and
imposition and recovery of losses which the powers of punishment with reference to all
government may suffer from the negligence officers.
of the officers. The administrative control ● The Inspector General may punish Inspectors
includes the jurisdiction to regulate and and all police officers of lower rank.

Objective Questions
1. Rule in the chapter XXXII have been made 5. Head constables and constables are liable to
under : The Police Act 1861— punished with—
(A) Section 7 (B) Section 2 (A) Confinement to quarters
(B) Punishment
(C) Section 29 (D) Section 9
(C) Extra guard duty
2. Provisions of chapter XXXII apply to officers (D) All of the above
appointed under the………of Police Act. 6. Consider the following statements with regard
(A) Section 7 (B) Section 2 to the powers of officers to punish—
(C) Section 1 (D) Section 9 1. Governor reserves have full powers of
punishment with reference to all officers
3. The punishment of gazetted officers is
2. Inspectors and all police officers of
regulated by the conditions of—
lower rank may be punished by I.G.
(A) Their agreement with secretary of State 3. The Superintendent may punish all head
and rules made by him under Sub constables
Section (2) of Section 96 B 4. The Superintendent of Police may not
(B) Section 9 punish Inspectors and sub Inspectors
(C) Section 29 Correct statements are—
(D) Section 30 (A) Only 1 and 4
(B) Only 2 and 4
4. All police officers appointed under Section 2
(C) Only 1, 2 and 3
of the Police Act are liable to the depart-
(D) All above statements
mental punishment—
(A) Dismissal or removal 7. Which para of the U.P. Police Regulations
deals with the provisions of dismissal and
(B) Reduction removal of the police officers ?
(C) With holding of increments (A) Para 480 (B) Para 481
(D) All of the above (C) Para 482 (D) Para 483
66 | P. R. & P. Act

8. Which para of the U.P. Police Regulations 14. The differentiation on a ground which is
provides the rules which govern the reduc- irrelevant, amounts to discrimination was held
tion ? in—
(A) 480 (B) 481 (A) Dr. Sushma Sharma V. State of Rajasthan
(C) 482 (D) 483 (B) R. G. Prasad V. State of U.P.
9. Para 482 A provides that every order with (C) Mohanchaondra V. UOI
holding increment as a punishment shall state (D) Prem Prakash V. UOI
the period for which it is to be withheld but
such period shall not exceed— 15. Match list A from list B and answer the
(A) One year (B) Two years question given the code below—
(C) Three years (D) Four years List A (Para)
10. Under para 483 a proceeding against a police (a) Para 480 (b) Para 481
officer will consist of— (c) Para 483 (d) Para 484
(A) A magisterial or police inquiry List B (Provisions)
(B) A judicial trial 1. Reprimand
(C) A departmental trial 2. Dismissal and Removal
(D) All of the above 3. Inquiry
11. Under para 484 the District Magistrate may in 4. Procedure
exercise of his power under the Code of Code :
Criminal Procedure may either— (a) (b) (c) (d)
(A) Mark or order a magisterial inquiry (A) 1 2 4 3
(B) Order an investigation by the poice (B) 3 4 1 2
(C) (A + B) both (C) 2 3 1 4
(D) None (D) 4 1 3 4
12. A criminal charge against a police officer, Answers with Explanation
superior in rank to a head constable shall be
tried by— 1. (A) Para 477 provides that the rules in this
(A) Additional District Magistrate (Judicial) chapter have been made under Section 7 of
the Police Act 1861 and apply only to officers
(B) District Magistrate
appointed under Section 2 of the Police Act
(C) Additional District Magistrate 1861.
(Executive)
2. (B) 3. (A) 4. (D) 5. (D) 6. (C)
(D) All of the above
7. (B) 8. (C) 9. (A) 10. (D)
13. Consider the following statements under para 11. (C) Under para 484 the District Magistrate
489 a police officer may be departmentally may in the exercise of his powers under the
tried under Section 7 of the police Act— criminal procedure code either—(1) Make or
1. Whether he has or has not been tried order a magisterial inquiry or (2) Order an
judicially. investigation by the police.
2. After a magisterial inquiry under the 12. (A) 13. (D) 14. (A)
Cr.P.C.
15. (A) Para 480 provides rules relating to
3. After a police investigation under the
Reprimand while Para 481 provides rules
Cr.P.C. or a departmental inquiry
about dismissal and removal : Para 483
Correct statements are— provides procedure for the Magisterial or
(A) Only 1 and 2 (B) Only 1 and 3 Police enquiry while Para 484 provides rules
(C) Only 2 and 3 (D) All of the above about enquiry.

●●●
Part IX
The Police Act, 1861

Preamble—Whereas it is expedient to re- (g) The word ‘person’ shall include a

organise the police and to make it company or corporation.
more efficient instrument for the (h) The word ‘month’ shall mean a callendar
prevention and detection of crime, it month.
is enacted as follows :
Object—An Act for the regulation of police. (i) The word ‘cattle’ shall, besides horned,
cattle, include elephants, camels, horses, asses,
Section 1 mules, sheep, goats and swine.
Interpretation Clause (j) References to the subordinate to ranks of a
Section 1 of the Police Act provides, that the police force shall be construed as references to
following words and expression in this Act shall member of that force below the rank of Deputy
have the meaning assigned to them, unless there Superintendent.
be something in the subject or context repugnant
to such construction, that is to say—
Section 2
(a) The words ‘Magistrate of the district’ shall Constitution of Force
mean the chief officer charged with the executive Section 2 provides that the entire police
administration of a district and exercising the establishment under a State Government shall be
powers of a Magistrate, by what ever designation for the purpose of this Act, be deemed to be one
the chief officer charged with such executive police force and shall be formally enrolled and
administration is styled;
shall consist such number of officers and men, and
(b) The words ‘Magistrate’ shall include all shall be constituted in such manner, as shall from
persons within the general police district,
time to time be ordered by the State Government.
exercising all or any of the powers of Magistrate.
(c) The words ‘Police’ shall include all Section 3
persons who shall be enrolled under this Act.
Superintendence in the State Govern-
(d) The words ‘general police district’ shall
embrace any presidency, state or place or any part ment
of any presidency, state or place in which this Act The superintendence of the police throughout
shall be ordered to take effect. a general police district shall vest in and it shall be
(e) The words ‘District Superintendent and exercised by the State Government to which such
District Superintendent of Police’ shall include an district is subordinate and except as authorised
‘Additional District Superintendent of Police or under the provisions of this Act, no person, officer
Joint District Superintendent or Assistant District or court shall be empowered by the state
Superintendent or other persons appointed by government to supersede or control any police
general or special order of the state government to functionary.
perform all or any of the duties of District In State V. J.A.C Saldoma, it has been held
Superintendent of police under this Act in any that Section 3 of Police Act confers powers on the
district. State Government of superintendence over the
(f) The word ‘property’ shall include any entire police force of the state hence the
movable property, money or valuable security. Government is competent to direct I.G.
68 | P. R. & P. Act

Section 4 (n) Confinement to quarters for a term not

exceeding fifteen days with or without
Inspector General of Police etc. punishment—drill, extra guards, fatigue or other
“The administrative powers of the police duty.
throughout a general police district shall be vested (c) Deprivation of good conduct pay.
in an officer to be styled Director General cum (d) Removal from any office of distinction or
Inspector General of Police and in such Inspector special emolument.
General Deputy Inspector General and Assistant
Inspector General as to the State Government (e) With holding of increment or promotion
shall deem fit. including stoppage at an efficiency bar.
The administration of the police throughout Section 8
the local jurisdiction of the magistrate of the
district shall, under the general control and Certificates to Police Officers
direction of such magistrate be vested in a District
Section 8 provides that every police officer
Superintendent and such additional district
appointed to the police force other than an officer
Superintendent, Joint District Superintendent and
mentioned in Section 4 shall receive on
assistant District Superintendent, as the State
appointment a certificate in the form annexed to
Government shall consider necessary.
this Act under the seal of Inspector General or
Section 5 such other officers as the Director General shall
appoint by virtue of which the person holding
Powers of Inspector General Exercise such certificate shall be vested with the powers,
of Power I functions and privileges of a police officer.
Inspector General of Police (in U.P. Director Surrender of Certificate—Such certificate
General) shall have the full powers of a magistrate shall cease to have effect whenever the person
through out the general police district but shall named in it ceases for any reason to be a police
exercise those powers subject to such limitation as officer and one his ceasing to be such an officer,
may from time to time be imposed by the state shall be forthwith surrendered by him any officers
government. empowered to receive the same.
Section 7 A police officer shall not by reason of being
suspended from office ceases to be a police
Appointment, Dismissal etc. of Inferior officer. During the term of suspension the powers,
Officers functions and privileges vested in him as a police
Section 7 provides that subject to the officer shall be in abeyance, but he shall continue
provisions of Article 311 of the constitution and to subject to the same responsibility, disciplines and
such rules as the State Government may from time penalties and to the same authorities, as if he had
to time make under this Act, the Director General, not been suspended.
Deputy Inspector General, Assistant Inspector
General and District Superintendent of Police may Section 9
at any time dismiss, suspend or reduce any police
officer of a subordinate ranks whom they shall Police Officers not to Resign without
think fit remiss or negligent in the discharge of his Leave or Two Month’s Notice
duty or unfit for the same. Section 9 provides that no police officer shall
Or may award any one or more of the be at liberty to withdraw himself form the duties
following punishments to any police officer of the of his office unless expressly allowed to do so by
subordinate ranks who shall discharge his duty in a District Superintendent or by some other officer
a careless or negligent manner or who by any act authorised to grant such permission or without the
of his own shall render himself unfit for the leave of the district superintendent, to resign to his
discharge thereof namely— office unless he shall have given to his superior
(a) Fine to any amount not exceeding one officer notice in writing for a period of not less
month’s pay. than two months, of his intention to resign.
 P. R. & P. Act | 69

Section 10 the Director General, Deputy Inspector General or

Assistant Inspector General or to District
Police Officers not to Engage in other Superintendent to require that the Police officer so
Employment deputed shall be withdrawn and such person shall
be relieved from the charge of such additional
According to Section 10 of the Act no police force from the expiration of such notice.
officer shall engage in any employment or office
whenever other than his duties under this Act, Section 14
unless expressly permitted to do so in writing by
Appointment of Additional Force in the
the Director General.
Neighbourhood of Railway and Other
Section 12 Public Works
Powers of Director General to Make Whenever any railway, canal or other public
work or any manufacturer or commercial concern,
Rules shall be carried on or be in operation of any part
The Director General may from time to time, of country and it shall appear to the Director
subject to the approval of state government, frame General that the employment of an additional
such orders and rules as he shall deem expedient force in such place is rendered necessary by the
relating to the organisation, classification and behaviour or reasonable apprehension of the
distribution of police force, the places at which the behaviour of the persons employed upon such
members of the force shall reside, and the work, manufacturer or concern, it shall be lawful
particular series to be performed by them they for the Director General with the consent of the
then their inspection, the description of arms, State Government to depute such additional force
accoutrements and other necessaries to be furni- to such place and to employ the same so long as
shed to them, the collecting and communicating such necessity shall continue, and to make orders
by them of intelligence and information and all from time to time upon the person having the
such other orders and rules relating to the police control or custody of the funds used in carrying on
force, as the Director General shall, from time to such work, manufacturer or concern, for the
time, deem expedient for preventing abuse or payment of the extra force so rendered necessary
neglect of duty and for rendering such force and such person shall there upon cause payment to
efficient in the discharge of its duties. be made accordingly.
Section 13 Section 15
Additional Police Officer Employed at Quartering of Additional Police in
the Cost of Individuals Disturbed or Dangerous Districts
It shall be lawful for the Director General or (1) It shall be lawful for the State Government
Inspector General of Police or any Deputy by the proclamation to be notified in the official
Inspector General or Assistant Inspector General gazette and in such other manner as the state
of Police or the District Superintendent subject to government shall direct, to declare that any area
the general direction of the Magistrate of the subject to its authority has been found to be in
district on the application of any person showing disturbed or dangerous state or that from the
the necessity there of to depute any additional conduct of the inhabitants of such area or of any
number of police officers to keep the peace at any class or section of them, it is expedient to increase
place within the general police district and for the number of police.
such time as shall be deemed proper. Such force (2) It shall there upon be lawful for the
shall be exclusively under the orders of the Director General of Police or other officers
District Superintendent and shall be at the charge authorised by the State Government in this behalf,
of the person making the application. with the sanction of State Government to employ
Provided that it shall be lawful for person on any police force in addition to the ordinary fixed
whose application such deputation shall have been complement to be quartered in the area specified
made on giving one months notice in writing to in such proclamation as aforesaid.
70 | P. R. & P. Act

(3) Subject to the provisions of sub section 5 inhabitant of such area, who claims to have
of this section, the cost of such additional police suffered injury from such misconduct to make
force shall be borne by the inhabitants of such within 3 months from the date of injury or such
area described in the proclamation. shorter period as may be prescribed, an appli-
(4) The magistrate of district, after such cation for compensation to the Magistrate of the
enquiry as he may deem necessary, shall apportion district or of the sub division of a district within
such cost among the inhabitants who are which such area is situated.
aforesaid, liable to bear the same and we shall not (2) I shall thereupon be lawful for the
have been exempted under the next succeeding Magistrate with the sanction of State Government,
sub section. Such apportionment shall be made after such inquiry as he may deem necessary and
according to the magistrate’s judgment of the whether any additional police force has or has not
respective means within such area of such been quartered in such area under the last
inhabitants. preceding section, to—
(5) It shall be lawful for the state government (a) Declare the person to whom injury has
by order to exempt any person or class or section been caused by or has such misconduct,
of such inhabitants from liability to bear any
portion of such cost. (b) Fix the amount of compensation to be
paid to such person and the manner in which it is
(6) Every proclamation issued under sub
to be distributed among them, and
section 1 of this section shall state the period for
which it is to remain in force but it may be (c) Assess the proportion in which the same
withdrawn at any time or continued from time to shall be paid by the inhabitants.
time for a further period or periods as the state Provided that the Magistrate shall not make
government may in each case think fit to direct. any declaration or assessment under this sub
Explanation—For the purpose of this section unless he is of opinion that such injury as
section, ‘inhabitants’ shall include persons who aforesaid has arisen from a riot or unlawful
themselves by their agents or servants occupy or assembly within such area and that the person who
hold lang or other immovable property within suffered the injury was himself free from blame in
such area and landlords who themselves or by respect of the occurrences which led to such
their agents or servants collect rent direct from the injury.
raiyats or occupiers in such area not withstanding
(3) It shall be lawful for the State Government
that they do not actually reside therein.
by the order to exempt any person or class or
In M. Narayan murthi V. State, it was held section of such inhabitants from liability to pay
that the object of stationing additional police force any portion of such compensation.
is to bring back the area to normaley and it is
(4) Every declaration or assessment made or
expedient in the interest of law and order to make
order passed by the Magistrate of the district
such persons responsible for the disturbance to
under Sub Section (2) shall be subject to revision
bear the cost of the additional force.
by the Commissioner of the division or the state
Section 15A government but save as aforesaid shall be final.
(5) No civil suit shall be maintable in respect
Awarding Compensation to Sufferers of any injury for which compensation has been
from Misconducts of Inhabitants of awarded under this section.
Persons Interested in Land
Explanation—In this section the word inha-
Section 15A (1) provides that if in any area in bitant shall have the same meaning as in the last
regard to which any proclamation notified under preceding section.
the last preceding section is in force, death or
grievous hurt or of loss or damage to property, has In AIR 1955 All. 9 it has been held that
been caused or has ensued from the misconduct of unless there is an allegation that the power has
the inhabitants of such area or any class or section been abused by the State Government, the H.C.
of them, it shall be lawful for any person being an will not interfere.
 P. R. & P. Act | 71

Section 16 Section 20
Recovery of Money Payable Under Authority to be Exercised by the Police
Sections 13, 14, 15 and 15 A and Officers
Disposal of the same when Recovered Section 20 provides that police officers
Section 16 (1) provides that all moneys enrolled under this Act shall not exercise any
payable under section 13, 14, 15 and 15A shall be authority except the authority provided for a
recoverable by the Magistrate of the district in police officer under this Act and any Act which
manner provided by Sections 386 and 387 of the shall hereafter be passed for regulating criminal
Code of Criminal Procedure 1898 for the recovery procedure.
of fines or by the suit in any competent Court.
(2) Omitted Section 21
(3) All moneys paid or recovered under Village Police Officer
Section 15A shall be paid by the Magistrate of the Section 21 says that nothing in this Act shall
district to the person to whom and in the affect any hereditary or any other village police
proportions in which the same are payable under officer unless such officer shall be enrolled as a
that section. police officer under this Act. When so enrolled
Section 17 such officer shall be bound by the provisions of
the last preceding section. No hereditary or other
Special Police Officer village police officer shall be enrolled without his
consent and the consent of those who have right of
When it shall appear that any unlawful nomination.
assembly or riot or disturbance of the peace has
taken place or may be reasonably apprehended, Section 22
and that police ordinarily employed for preserving
the peace is not sufficient for its, preservation and Police Officer always on Duty and may
for the protection of inhabitants and the security be Employed in any Part of the District
for property in the place where such unlawful
Every police officer shall for all purposes in
assembly or disturbance to the peace has occurred,
or is apprehended, it shall be lawful for any police this Act contained be considered to be always on
officer not below the rank of Sub Inspector apply duty and may at any time be employed as police
to the nearest Magistrate to appoint so many of the officer in any part of the general police district.
residents of neighbourhoods as such police
officers may require to act as special police Section 23
officers for such time and within such limits as he Duties of Police Officers
shall deem necessary, and contrary, comply with
the application. It shall be the duty of every police officer
promptly to obey and execute all orders and
Section 19 warrants lawfully issued to him by any competent
authority to collect and communicate intelligence
Refusal to Serve as a Special Police affecting the public peace to prevent the
Officer commissions of offences and public nuisance, to
Section 19 of the Act provides that if any detect and bring offenders to justice, and to
person being appointed a special police officer as apprehend all persons whom he is legally
aforesaid shall, without sufficient cause, neglect or authorised to apprehend and for whose
refuse to serve as such, or to obey such lawful apprehension sufficient ground exists, and it shall
order or direction as may be given to him for the be lawful for every police officer, for any of the
performance of his duties, he shall be liable, upon purposes mentioned in this section without a
the conviction before a Magistrate to a time not warrant to enter and inspect any drinking shop,
exceeding fifty rupees for every such neglect, gambling house or other place of resort of loose
refusal or disobedience. and disorderly characters.
72 | P. R. & P. Act

In Malak Singh V. State of Punjab 1981 Cr. within 6 months from the date of such procla-
LJ. 320 (S.C.), it was held that Section 23, Police mation.
Act prescribes that it is the duty of the police (2) The provisions of Section 525 of the Code
officers to collect and communicate intelligence of Criminal Procedure 1898 shall be applicable to
affecting the public peace, to prevent the property referred in this Sub Section.
commission of offences and public nuisance. In
this connection it will be necessary to keep Section 27
discreet surveillance over reputed bad characters, Confiscation of Property if No Claimant
habitual offenders but intrusive surveillance Appears
encroaching an privacy of a citizen as to infringe
fundamental right to personal liberty can not be (1) If no person shall, within the period
permitted. It has to be unobstructive and within allowed, claim such property or the proceeds
bounds for the purpose of preventing crime thereof, if sold, it may, if not already sold under
confined to the limits prescribed by the rule. subsection (2) of the last preceding section, be
sold under the order of the Magistrate.
Section 24 (2) The sale proceeds of the property sold
Police Officers may lay Information under the preceding Sub Section and proceeds of
etc. property sold under section 26 to which no claim
has been established shall be at the disposal of the
Section 24 says that it shall be lawful for any State Government.
police officer to lay any information before a
Magistrate and to apply for a summans, warrant, Section 28
search-warrant, or such other legal process as may
by law issue against any person committing an Person’s Refusing to Deliver up
offence. Certificate etc. on Ceasing to be Police
Officers
Section 25 Section 28 provides that every person having
Police Officer to Take Charge of Un- ceased to be an enrolled police officer under this
claimed Property and be Subject to Act, who shall not forthwith deliver up his
Magistrate’s Order as to Disposal certificate and clothing accoutrements, appoint-
ment and other necessaries, which shall have been
Section 25 provides that it shall be the duty of
supplied to him for the execution of his duty, shall
every police officer to take charge of all
be liable, on conviction before a Magistrate to a
unclaimed property and to furnish an inventory
penalty not exceeding two hundred rupees or to
thereof to the magistrate of the district.
imprisonment with or without hard labour for a
The police officer shall be guided as to the period not exceeding six months or to both.
disposal of such property by such orders as they
shall receive from the magistrate of the district. Section 29
In Guru Bux Singh V. State AIR 1955 Ajmer Penalties for the Neglect of Duty etc.
22, it was held that the proceeding under this
Section are of a summary nature and the person Every police officer who shall be guilty of
aggrieved by any order may establish his right to any violation of duty or willful breach or neglect
the property in Civil Court. of any rule or regulation or lawful order made by
competent authority, or who shall withdraw from
Section 26 the duties of his office without permission or
without having given previous notice for the
Magistrate may Obtain Property and period of two months or who being absent on
Issue Proclamation leave, shall fail without reasonable cause, to report
Section 26 (1) provides that the Magistrate of himself for duty on the expiration of such leave, or
the district may obtain the property and issue a who shall engage without authority in any
proclamation, specifying the Articles of which employment other than his police duty or who
consist, and requiring person who has any claim shall be the guilty of cowardice or who shall after
there to appear and establish his right to the same any unwarrnatable personal violence to any person
 P. R. & P. Act | 73

in his custody shall be liable on conviction before (4) He may also regulate the extent to which
a Magistrate to a penalty not exceeding three music may be used in the streets on the occasion
month’s pay or to imprisonment with or without of festivals and ceremonies.
hard labour, for a period not exceeding three In Himmat Lal V. Commissioner of Police
months or the both. AIR 1973 S.C. it was held that if there is a
In Pritam Sing V. State AIR 1973 S.C. it has fundamental right to hold public meeting in a
been held that Section 29/42 Police Act—a plea public street then a rule framed by the
not raised before the Lower Court can be allowed Commissioner of Police which gave unguided
to be raised for the first time before the Supreme discretion, practically dependent upon the
Court if the plea involves only the determination subjective whim of the authority to grant or refuse
of a law point. Prosecution under Section 29, permission to hold a public meeting on public
Police Act was barred by limitation under Section street cannot be held to be valid and has to be
42 of the Act and it has to be commenced within struck down on the ground that it afforded no
the three months from the completion of the Act guidance and gave arbitrary power to the police.
committed. But the fundamental rights guaranteed under
In Maulud Ahmad V. State of U.P. S.C. has article 19 (1) (a) and (b) and 25 of the Constitution
held the limitation will not apply to the are not unfettered and absolute right freely to
prosecution under Section 218 IPC or under other propagate religion is subject to the condition that
Acts. it does not violate similar fundamental rights of
the followers of other religion.
Section 30
Section 30A
Regulation of Public Assemblies and
Processions and Licensing the Same Powers with Regard to Assemblies and
(1) The District Superintendent or Additional Processions Violating Conditions of
District Superintendent or Joint District Licence
Superintendent or Assistant District Super- (1) Any Magistrate or district Superintendent
intendent of police may, as occasions requires of Police or Assistant Superintendent of Police or
direct the conduct of all assemblies and Inspector of Police or any police officer incharge
processions on the public roads or in the public of a station may stop any procession which
streets or through fares and prescribe the routes by violates the conditions of a licence granted under
which and the times at which, such processions last foregoing section may order it or any
may pass. assembly which violates any such conditions as
(2) He may also on being satisfied that it is aforesaid to disperse.
intended by any person or class of persons to (2) Any procession or assembly which
convene or collect an assembly in any such roads, neglects or refuses to obey any order given under
street or thoroughfare or to form a process on the last preceding Sub Section shall be deemed to
which would, in the judgment of Magistrate of the be an unlawful assembly.
district or of the sub division of a district, if In Harihardas V. State 1968 Cr.LJ 1968 564 it
uncontrolled be likely to cause a breach of peace, was held that members of the procession violating
require by general or special notice that the person the conditions of the licence under which the
convening or collecting such assembly or procession is being taken out can make the
directing or promoting such procession shall apply assembly unlawful.
for a licence.
(3) On such a application being made, he may Section 31
be issue a licence specifying the names of the Police to Keep Order on Public Roads
licensees and defining the conditions on which etc.
alone such assembly or such procession is to be
permitted to take place or otherwise giving effect Section 31 provides that it shall be the duty of
to this section, provided that no fee shall be the police to keep order on the public roads and in
charged on the application for or grant of any such the public streets thorough fares, ghats and
licence. landing places and at all other places of public
74 | P. R. & P. Act

resorts and to prevent abstractions on the months from the date on which such notice or
occasions of assemblies and processions on the order would have but for such direction expires, as
public roads and in the public streets or in the it may specify in the said notification.
neighbourhood of places of worship during the (3) The Magistrate of the district may, either
time of public worship and in any case when any on his own motion or on the application of any
road, street, through fare, ghat or landing places person aggrieved, recind or after any order made
may be throughed or may be liable to be by him under Sub Section (1).
obstructed. (4) The State Government may either on it’s
Section 32 own motion or on the application of aggrieved
rescind or after any order any order made by it
Penalty for Disobeying Orders Issued under the proviso to Sub Section (2) or by the
Under Last three Sections etc. Magistrate of the district under Sub Section (1).
Section 32 provides that every person (5) Where an application under Sub Section
opposing or not obeying the order issued under the (3) or (4) is received, the Magistrate of the district
last three preceding Sections or violating the or the State Government as the case may be shall
conditions of any licence granted by the afford to the applicant an opportunity of appearing
Additional District Superintendent or Joint before him or it either in person or by pleader and
District Superintendent or Assistant District showing cause against the order, and if the
Superintendent of Police for the use of the music Magistrate of district or the state government as
or for the conduct of assemblies and processions the case may be, rejects the application by wholly
shall be liable, on conviction before a Magistrate, or in part, he or it shall record in writing the
to fine not exceeding two hundred rupees. reasons for doing so.

Section 32A Section 32B

Power to Prohibit Mass Drill or Mass Penalty for Contravention of Prohibi-
Training etc. tion Under Section 32A
The Magistrate of the district may whenever (1) Who even contravenes any prohibition
considers it necessary so to do for preservation of made under Section 32A shall be liable on
the public or public safety or for the maintenance conviction before a Magistrate to imprisonment
of public order by public notice or by order for a term which may extend to six months or with
directed to the individuals in any place prohibition fine which may extend to two thousand rupees or
in any area within his jurisdiction, the carrying of with both.
the arms or the holding of or taking part in any
mass drill or mass training with arms where it
Section 33
arouses reasonable apprehension that the Saving of Control of Magistrate of
participants on such drill or training are likely to District
cause fear or alarm or feeling of insecurity among
the public or any section thereof. Nothing in the last four preceding sections
shall be deemed to interfere with the general
Explanation—For the purpose of this section control of the Magistrate of the district over the
‘arms’ means any type of offensive Weapon and matters referred to therein.
include Lathi, Danda, Stick and Belcha.
(2) No prohibition under this section shall Section 34
remain in force for more than three months.
Provided that if state government considers it Punishment for Certain Offences on
necessary so to do for the preservation of for Roads etc.
public peace or safety or for the maintenance of (1) Any person who on any road or in any
public order it may by notification direct that a open place or street or throughfare within the
public notice or order issued by the Magistrate of limits of any town to which this section shall be
the district under Sub Section (1) Shall remain in specially extended by the State Government to
force for such further period, not exceeding six commit any of the following offences, to the
 P. R. & P. Act | 75

obstruction, inconvenience, annoyance, risk, (3) The extension under sub section (2) shall
danger, or damage of the residents, visitors or be for a specified period and in respect of all or
passengers shall on conviction before a Magistrate any of the offences as may be specified.
be liable to a fine not exceeding fifty rupees or to In Sridhar V. State of Orissa evidence of
imprisonment with or without hard labour not police officials was accepted by the Orissa High
exceeding eight days and it shall be lawful for any Court that the accused attempted to sell cinema
police officer to take into custody without a tickets on higher rates, under the provision of this
warrant, any person who within his view commits section.
any of such offences, namely—
First : Slaughtering cattles furious riding Section 34A
etc.—Any person who slaughters any cattle or Compounding of Offences Under
cleans any carcasses; any person who rides or
drives any cattle recklessly or furiously, or trains
Section 32 and 34
or breaks any horse or cattle. Section 34A provides that an offence
Second : Cruelty to animals—Any person punishable under Section 32 or Section 34 may
who wants only or cruelly beats, abuses or tortures subject to any general or special order of the State
any animals. Government in this behalf be compounded by the
Third : Obstructing passengers—Any District Superintendent of Police either before or
person who keeps any cattle or conveyance of any after the institution of the prosecution on
kind standing longer than is required for loading realization of such amount of composition fee as
or unloading or for taking up or setting down he thinks of fit not exceeding the maximum
passengers or who leaves any conveyance in such amount of fine fixed for the offence, and when the
a manner as to cause inconvenience or danger to offence is so compounded—
public. (i) Before the institution of prosecution the
Fourth : Exposing goods for sale—Any offender shall not be liable to prosecute for such
person who exposes any goods for sale. offence and shall, if in custody, be set at liberty.
Fifth : Throwing dirt into street—Any (ii) After the institution of prosecution, the
person who throws of lags down any dirt, fifth, composition shall amount to acquittal of the
rubbish or any stones or building material or who offender.
constructs any cowshed, stable or the like or who
causes any offensive matter to run from any
Section 35
house, factory, dung heap or the like. Jurisdiction
Sixth : Being found drunk or riotous—Any Any charge against a police officer above the
person who is found drunk or riotous or who is rank of constable under this Act shall be inquired
incapable of taking care himself. into and determined only by an officer exercising
Seventh : Indecent Exposure of Person— the powers of a Magistrate.
Any person who willfully and indecently exposes It was held by the Calcutta High Court (AIR
his person, or any offensive deformity or disease 1954 cal 60) that there is no conflict between
or commits nuisance by easing himself or by Section 7 and 35 as the former deals with the
bathing or washing in any tank or reservoir not departmental proceedings while the latter
being a place set apart for that purpose. contemplates judicial proceedings and will not be
Eighth : Neglect to Protect Dangerous attracted in case of proceeding under Section 7.
Places—Any person who neglects to fence in or
duly to protect any well, tank or other dangerous Section 36
place or structure.
(2) The State Government may by notification
Power to Prosecute Under Other Law
in the official gazette, extend to any rural area not Affected
specified in the notification, the provisions of Sub Section 36 says that nothing contained in this
Section (1) and thereupon it’s provisions shall Act shall be construed to prevent any person from
apply to such area as if it were a town to which the being prosecuted under any other regulation or
said subsection has been specifically extended. Act for any offence made punishable by this Act
76 | P. R. & P. Act

or from being liable under any other regulation or Proviso—Provided always that no action
Act or any other or higher penalty or imprison- shall in any case lie where such officers shall have
ment than is provided for such offence by the Act. been prosecuted criminally for the same Act.
Provided that no person shall be punished In Maulud Ahmad V. State of U.P. 1964 S.C.
twice for the same offence. it has been held that a combined reading of
Section 42 and 36 leads to the conclusion that
Section 37 Section 42 applies to a prosecution against a
Recovery of Penalties and Fines person for an offence committed under the Police
Act or under general police powers given by the
Imposed by Magistrate Act. It does not apply for anything done any other
Section 37 provides that the provisions of Act or under police powers conferred under any
section 64 to 70, both inclusive, of the Indian other Acts.
Penal Code and of Sections 386 to 389 both
inclusive, of the Code of Criminal Procedure 1882 Section 43
with respect to fines shall apply to penalties and Plea that the Act was done under
fines imposed under this Act on conviction before Warrant
a Magistrate.
When any action or prosecution shall be
Provided that notwithstanding anything brought or any proceeding held against any police
contained in Section 65 of first mentioned code, officer, for any act done by him in such capacity,
any person sentenced to fine under Section 34 of it shall be lawful for him to plead that such act
the Act may be imprisoned in default of payment was done by him under the authority of a warrant
to such fine for any period not exceeding 8 days. issued by the Magistrate.
Such plea shall be proved by the production
Section 42 of the warrant directing the act and purporting to
Limitation of Action be signed by such Magistrate and the defendant
thereupon be entitled to a decree in his favour not
Section 42 provides that all actions and withstanding any defect of the jurisdiction in such
prosecutions against any person which may be Magistrate. No proof of the signature of such
lawfully brought for anything done or intended to Magistrate shall be necessary unless the Court
be done under the provisions of this Act or under shall see reason to doubt its being genuine.
the general police powers hereby given shall be Provided always that any remedy which the
commenced within three months after the act party may have against the authority issuing such
complained of shall have been committed and not warrant shall not be affected by anything
otherwise; and notice in writing of such action and contained in this section.
of the cause thereof shall be given to the
defendant, or to the District Superintendent or an Section 44
Additional District Superintendent or Assistant
District Superintendent of the district in which the Police Officers to Keep Diary
act was committed, at least one month before the According to section 44 it shall be the duty of
commencement of the action. every officer in charge of a police station to keep a
Tender of Amends—No plaintiff shall general diary in such form as shall from time to
recover in any such action if tender of sufficient time be prescribed by the State Government and to
amends shall have been made before such action record therein all complaints and charges
is brought, or if a sufficient sum of money shall preferred, the name of all persons arrested, the
have been paid into court after such action brought names of complainants, the offences charged
by or on behalf of the defendant, and through a against them, the weapons or property that shall
decree shall be given for the plaintiff in any such have been taken from their possession or
action, such plaintiff shall not have costs against otherwise, and the names of witness who shall
the defendant unless the judge before whom the have been examined.
trial is held shall certify his approbation of the The Magistrate of the district shall be at
action. liberty to call for and inspect such diary.
 P. R. & P. Act | 77

Section 45 Section 47
State Government may Prescribe form Authority of District Superintendent of
of Return Police Over Village Police
The state government may direct the sub- It shall be lawful for the State Government in
mission of such returns by the Director General carrying this Act into effect in any part of the
and other police officers as to such state govern- territories subject to such State Government, to
ment shall seem proper and may prescribe the declare that any authority which now is or may be
form in which such returns shall be made. exercised by the magistrate of the district over any
village watchman or other village police officers
Section 46 for the purpose of the police, shall be exercised,
subject to the general control of the Magistrate of
Scope of the Act the district by the District Superintendent of
Police.
(1) This Act shall not by its own operation
take effect in any presidency, state or place. But Important Facts
the state government by an order to be published ● Police Act, 1861 was passed for the
in the official gazette may extend the whole or any regulation of police force.
part of this Act to any presidency, state or place, ● The main aim of the Act is to re-organise
and the whole or such portion of this Act as shall police force and to make it more efficient
be specified in such order shall thereupon take instrument for the prevention and detection of
effect in such presidency, state or place. crime.
(2) When the whole or any part of this Act ● The Act received the assent of the Governor
shall have been so extended, the state government General on 22nd March, 1861.
may from time to time, by notification in the ● Section 1 provides that the word magistrate of
official gazette make rules consistent with this the district shall mean the chief officer
Act— charged with the executive administration of
(a) To regulate the procedure to be followed the district and who is exercising the powers
by Magistrate and police officers in the discharge of a Magistrate.
of any duty imposed upon them by or under this ● Word ‘Magistrate’ shall include all persons
Act. within the general police district exercising all
or any of the powers of Magistrate.
(b) To prescribe the time, manner and
● Section 2 of the police Act provides the
conditions within and under which claims for
compensation under Section 15A are to be made, constitution of police force.
the particulars to be stated in such claims, the ● Section 2 says that—(1) Entire police
manner in which the same are to be verified and establishment under the State Government
the proceedings which are to be taken consequent shall be deemed one police force, (2) It shall
thereon; and consists of such number of officers and men
as ordered by the State Government, and (3)
(c) Generally for giving effect to the The force shall be constituted in such manner
provisions of this Act. as shall from time to time be ordered by the
(3) All rules made under this Act may from State Government.
time to time be amended, added or to be cancelled ● Section 3 of the Police Act, 1861 vests the
by the state government. power of superintendence of police through-
out a general police district in the State
In U.O.I. V. Prem Prakash 1969 S.LR 655, it Government.
has held that judicial prosecution for an offence ● The power of State Government of super-
under Section 29 of the Police Act is the normal intendence is supreme and hence no person,
rule and departmental action, an exception for officer or court shall be empowered by the
which the sanction of D.M. is required but it is not state government to supersede or control any
necessary for judicial prosecution. police functionary.
78 | P. R. & P. Act

● Section 4 provides that the administrative ● Section 7 authorises the superior officers at
powers shall be vested in Director General any time to dismiss, suspend or reduce any
and in such other officers as the State Govern- police officer of the subordinate rank whom
ment shall deem fit it. they shall think negligent in discharge of his
● Section 5 says that the administration of the duty or unfit for the same.
police throughout the local jurisdiction of the ● Section 7 provides that following punishment
Magistrate of the district shall, under the may be inflicted on subordinate officers—
general control and direction of such magis- (a) Time to any amount not exceeding one
trate be vested in a District Superintendent month’s pay.
and such additional officers as the State (b) Confinement to quarters for a term not
Government shall consider necessary. exceeding 15 days.
● In U.P. the chief of the state police is now (c) Deprivation of good conduct pay
Director General. (d) Removal from any office of distinction
● Section 7 deals with the disciplinary procee- (e) With holding of increments.
ding and Section 29 makes certain breaches in ● Every police officer on his appointment to the
criminal offence where breach is covered by police force shall receive a certificate under
both provisions it is not necessary that the the seal of Director General or such other
deliquent be prosecuted under Section 29 first officer as the Director General appoints.
before Section 7 proceeding are taken. ● This certificate shall vest in the person
● The Section 7 deals with the powers of receiving it powers, functions and privileges
superior officers in regard to the control of of a police officer.
their subordinate and they are empowered to ● But that certificate shall cease to have effect
punish the acts of negligence and not the whenever the person named in it ceases for
offences. any a reason to be a police officer. In such
● In Rajeshwar Prasad V. DIG Police 1969 Cr. condition he has to surrender this certificate
R. 135 it was held that departmental to any officer empowered to receive the same.
proceeding is not dependent upon the ● During the suspension the suspended officer
Magisterial findings in an inquiry that the shall continue subject to the same
guilt has been made out and there may be responsibilities disciplines and penalties and
cases where despite the Magisterial findings to the same authorities as if he had not been
that prima facie case is made out. Section 7 suspended.
proceeding can be taken because the stand ● Section 9 imposes a restriction on the liberty
proof required before the court is more
of police officers to resign at their free will.
onerous than that required at the departmental
trial. ● According to the Section 9 no police officer
shall be at liberty to withdraw himself from
● In Sarfraz Ahmad V. Election Tribunal, it has the duties of his office unless expressly
been held that Section 7 does not make any allowed to do so by the District super-
distinction between an order of dismissal and intendent or by some other officer authorised
removal except in case of removal from any to grant such permission.
office of distinction or special emoluments.
● Section 9 provides, that unless he shall have
● The word ‘dismiss’ used in Section 7 includes given notice in writing to his superior officer
removal also. Every case of dismissal would for a period not less than two months of his
not be one where the dismissed employee intention to resign, a police officer can not
would be debarred from being re-employed. resign from his duties.
● Under Section 7 the subordinate officers may ● Section 10 says that unless expressly
be awarded any one or more punishment permitted to do so in writing by the director
mentioned in the section if they discharge general no police officer shall engage in any
their duty in carless or negligent manner. other employment or office.
 P. R. & P. Act | 79

● Section 12 provides, that Director General opinion that said injury has raised from a riot
may from time to time frame such orders and within the area and the person claiming
rules as he shall deem expedient relating to compensation was not guilty at that.
the various subjects of police force. ● State Government may by order, has the
● These rules must relate to—(1) Organisation power to exempt any person or group from
of police force, (2) Classification of police the liability to pay such compensation.
force, (iii) Distribution of police force, (4) ● Declaration or assessment made or passed by
The places at which members of the force the Magistrate under sub section (2) subject to
reside, (5) Particular services to be performed the revision by the Commissioner shall be
by the policemen, (6) Description of arms, (7) final.
Collecting and communicating by the ● Sub Section 15 provides that no civil suit
intelligence and information, (8) Preventing shall be maintainable in respect of any injury
negligent and abuse of duty and (9) For for which compensation has been awarded
rendering such force efficient in the discharge under this Section.
of it’s duties.
● Section 16 provides that all moneys payable
● The rules made by Director General under
under Sections 13, 14, 15 and 15A shall be
Section 12 require approval of State recoverable by the District Magistrate in the
Government. manner provided by Sections 386 and 387 for
● Section 13 authorises following police the recovery of lines or by the suit in any
authorities to depute any additional number of competent Court.
police officers on the application of any ● Section 17 provides for the appointment of
person showing necessity to keep at any place special police officers on the conditions
within general police district for such time as mentioned in it.
may be necessary, namely—(1) Director
General, (2) Deputy Inspector General, (3) ● The three conditions are necessary to appoint
Assistant Inspector General, (4) District special police officers—(1) Riot, (2)
Superintendent. Unlawful assembly and (3) Disturbance to the
peace.
● Such force shall be exclusively under the
● Section 18 makes provisions about the
order of District Superintendent.
powers of special police officers. According
● Such additional force can be withdrawn on to this Section the powers and privileges of
the application of person showing the the special police officers will be the same as
necessity by giving one months notice in that of the ordinary police officers.
writing to the concerned authorities.
● Section 19 provides penalties for the refusal
● Section 15A provides, that if in any area in to serve as a special police officer.
which proclamation notified under Section 15
● According to Section 20 a police officer can
is in force death or grievous hurt or loss or
damage to the property has been caused from not under this section exercise any power
the misconduct of the inhabitants of that area other them those provided under this Act.
to any person he can make within 3 months ● He may also exercise the authority which will
from the date of such injury an application for be conferred to him by any Act which shall
the injury so caused to him. hereafter be passed for regulating criminal
● When such application is made it shall be procedure.
lawful for the District Magistrate to—(1) ● Section 21 makes provision relating to village
Declare the person to whom injury is so police officers.
caused, (2) To fix the amount of ● This Section says that nothing in this Act
compensation to be paid to applicant and (3) shall affect any hereditary or other village
Assess the proportion in which compensation police officers unless he is enrolled as a
shall be paid. police officer under this Act.
● But the Magistrate shall not make such ● But when the police officer is enrolled under
declaration or assessment unless he is of the this Act he shall be bound by the provisions
80 | P. R. & P. Act

of section 20. That is to say that he shall rupees or imprisonment for a term not
exercise no authority except the authority exceeding 6 months or both.
provided under this Act. ● Under Section 29 penalties are provided for
● Section 22 provides that every police officer the neglect of duty etc.
shall for all purposes in this Act be considered ● Section 29 declares following acts as
to be always on duty and he may at anytime
punishable on conviction before a magistrate
be employed as police officer in any part of
to penalty not exceeding three months pay or
the general police district.
with imprisonment for a period not exceeding
● In Bhoja Ram V. State it was held that a three months or to both namely—
police officer committing offence in plain
clothes and on leave is to be considered still (1) Guilty of any violation of duty, (2) Willful
on the duty and there is no bar to proceed breach or neglect of any rule or regulation or
against him departmentally. lawful order made by competent authority, (3)
To withdraw from the duty without
● Section 23 provides that every police officer
permission or without having given a
has following duties— previous notice for a period of two months,
(1) Execute all orders and warrants lawfully (4) Who being absent on leave without
issued to him, (2) To collect and reasonable cause shall fail to report himself
communicate intelligence affecting the public for the duty on the expiration of such leave,
peace, (3) To prevent the commission of (5) Who shall engage without authority in any
offences and pubic nuisance, (4) To detect other employment other than his police duty,
and bring offenders to justice, (5) To (6) Who shall be guilty of cowardice, (7)
apprehend all persons whom he is legally Who will offer any unwarrantable personal
authorised to arrest etc. violence to any person in his custody.
● Section 25 imposes a duty on police officers
● Provisions relating to the regulation of public
to take the charge of all unclaimed property
assemblies and processions and licensing of
and to give the list of that to District
the same have been provided in the Section
Magistrate.
30 of the Police Act.
● In regard to the disposal of such property
● Sub Section (1) of Section (3) empowers the
police offices shall be guided by the orders of
the Magistrate of the district. police to control and regulate processions but
not to forbid or ban it. The power to control
● Section 26 (1) provides that the Magistrate of does not include the power to forbid and order
district may obtain the property and issue a banning the procession is ultravires the power
proclamation specifying the articles any of the police.
requiring any person who has any claim there
to appear and establish his right to the ● Section 30 provides that those who convene a
property within 6 months from the date of meeting or assembly or to take out a process;
such proclamation. as may be required to obtain a licence from
● Section 27 says that if no claimant appear the S.P.
within the time allowed there property is to be ● The S.P. may subject to the condition under
sold under the order of the Magistrate. Sub Section (2) and (3) lay down conditions
● The sale proceeds if not claimed by claimant for the conduct of the assemblies which
shall be at the disposal of the State should be bonafide and fairly calculated to
Government. attain the purpose of preserving law and order
● This section imposes a duty on a police and the conditions should not be orbit ray or
officer who has ceased to be a police officer capricious.
to surrender his certificate and other article ● Section 30A (2) provides that any procession
which were supplied to him for the execution or assembly which neglects or refuses to obey
of his duty. any order given by the authorities under the
● If he does not deliever up that things, he is last preceding sub section shall be deemed to
liable to a penalty not exceeding two hundred be an unlawful assembly.
 P. R. & P. Act | 81

● Section 30 (3) provides that no fee shall be law or regulation or Act neither he shall be
charged on the application for or grant of any prevented from being punished any other or
such licence. higher penalty or imprisonment than is
● Section 30 (4) provides the officers mentioned provided for that offence by this Act.
in Sub Section (1) may also regulate the ● But provision of this section also says that no
extent to which music may be used in the person shall be punished twice for the same
streets on the occasion of festivals and offence.
ceremonies. ● Section 37 of the Act provides rules for the
● Section 31 of the Police Act obviously recovery of penalty and fines imposed by the
intends to empower the police to regulate Magistrate.
traffic on public roads etc. and to prevent the ● It provides that the provisions of Sections 64
commission of on such places and also to to 70 of the I.P.C. will be applicable to
prevent obstruction on such places. penalties imposed by the Magistrate under
● Section 32 provides penalty for disobeying this Act. But notwithstanding anything in
orders issued under sections 30, 30 A and 31. section 65 of the I.P.C. any person sentenced
● The violators of these orders or licence given to fine under Section 34 of the Act may be
under the above sections shall be liable, on imprisoned in default of payment to such fine
conviction before the Magistrate to a fine not for any period not exceeding than eight days.
exceeding two hundred rupees. ● Section 42 provides limitation of action in the
● Section 34 makes provision for the punish- proceeding to be taken under the Act.
ment of certain offences on the roads etc. ● It says that all actions and prosecutions
● This section shall apply to offences specified against any person which may be lawfully
in the section to the obstruction, inconve- brought for anything done or intended to be
nience annoyance, risk, danger or damage of done under this Act shall be commence
the residents, visitors or passengers. within three months after the Act complained
of was committed and not otherwise.
● This section provides punishment not
exceeding 50 rupees and imprisonment for 8 ● For this purpose notice in writing of such
days for the offences committed under this action and of the cause thereof shall be given
section. to the defendent or to the District
● Section 34 provides above punishment for Superintendent of the district in which the
offence was committed, at least one month
following offences namely—(1) Slaughtering
before the commencement of the action.
cattles, furious riding etc. (2) Cruelty to
animals, (3) Obstructing passengers, (4) ● This section provides a defence to the police
Exposing goods for sale, (5) Throwing dirt officer against whom action is brought and
into streets, (6) Being found drunk or riotous, against that action or proceeding they can
(7) Indecent exposure of person, (8) Neglect plead the plea that the Act was done under the
to protect dangerous places. warrant issued by the Magistrate.
● Section 35 provides for judicial inquiries into ● Such plea shall be proved by producing the
the charge under this Act and not to warrant directing the Act.
departmental inquiries. ● No proof of the signature of the Magistrate is
● This section provides that any charge against required unless the court shall see reason to
a police officer who is not below the rank of doubt it’s being genuine.
constable, shall be inquired into and ● Section 44 imposes a duty on every officer in
determined by the Magistrate or by an officer the charge of a police station to keep a diary
exercising the powers of Magistrate. in such form as prescribed by the State
● Section 36 provides that power to prosecute Government.
under other law will not be affected. ● In diary there shall be mention of all
● Provisions of this Act shall not prevent a complaints, names of arrested persons, names
person from being punished under any other of examined witnesses etc.
82 | P. R. & P. Act

● The Magistrate of the district has authority to ● All rules made under this Act may, from time
call for and inspect such diary. to time be amended, added or cancelled by
● Under this section State Government has the State Government.
power to direct the Director General etc. to ● This section of the Act extends authority of
submit such returns as to State Government the District Superintendent of Police over
seems proper. village police officers.
● Section 46 provides that this Act shall not by ● Section 47 says that it shall be lawful for the
it’s own motion take effect in any presidency State Government in carrying into effect this
or state or place unless the State Government Act to declare that any authority which is now
by an order so published in the official exercised by the Magistrate of district over
gazette. the village police shall be exercised by the
● Where the whole or any part of this Act shall District Superintendent of Police.
have been so extended by the State ● But the authority of the District Super-
Government, the Government may by intendent shall be subject to the general
notification make rules consistent to this Act. control of Magistrate of the district.

Objective Questions
1. The Police Act 1861 received the assent of (B) Any state
Governor General on— (C) Any place or any part of presidency state
(A) March 22, 1861 or place in which this shall be ordered to
(B) March 23, 1861 take effect
(C) March 24, 1861 (D) All of the above
(D) March 21, 1865
6. Which Section of Police Act 1861 deals with
2. Main object of the Police Act 1861 is— the constitution of police force ?
(A) Prevention of crime (A) Section 2 (B) Section 3
(B) Detection of crime
(C) Section 4 (D) Section 5
(C) To reorganise police force
(D) All of the above 7. The pay and other conditions of the service of
members of the subordinate rank of police
3. The word ‘Magistrate of the district’ shall force shall be—
mean—
(A) As may be determined by the State
(A) The chief officer charged with the execu- Government
tive administration of a district
(B) As determined by the pay commission
(B) The chief officer of the district police
(C) As determined by the Central Govern-
(C) (A + B) both
ment
(D) None of the above
(D) All of the above
4. The word ‘Magistrate’ shall include—
8. Temporary posts may be created in the police
(A) All person’s within the general police
force under section—
district
(A) 3 (B) 4
(B) Persons exercising all or any of the
powers of magistrate (C) 5 (D) 2
(C) (A + B) both 9. Which section of U.P. Police Act vests the
(D) None of the above power of superintendence of the entire police
force in the State Government ?
5. The words ‘General police district’ shall
embrace— (A) Section 3 (B) Section 4
(A) Any presidency (C) Section 5 (D) Section 6
 P. R. & P. Act | 83

10. In which case it was held that there is no 17. Section 7 of the Police Act, 1861 deals with
conflict between Section 3 of Police Act and following— (UPAPO 2006)
Section 137 Cr.P.C. and I.G. Vigilence can (A) Departmental proceedings
exercise power of an officer incharge of a (B) Judicial proceedings
police station ? (C) (A + B) both
(A) State V. JAC Saldona (D) None of the above
(B) Union of India V. M. E. Reddy 18. Under Section 7 the punishment awarded
(C) Luxmidhar V. State of Orrisa are—
(D) None of the above (A) Dismissal (B) Removal
11. Which section of the Police Act deals with the (C) Reduction (D) All the above
administration of police throughout a general 19. A subordinate police officer whom senior
police district ? police officers regard unfit for the discharge
(A) Section 4 (B) Section 3 of his duty may be awarded the punishment—
(C) Section 5 (D) Section 6 (A) Fine to any amount not exceeding one
12. The administration of the police throughout month’s pay
the local jurisdiction of the magistrate of the (B) Confinement to quarter not exceeding 15
district, shall be vested in— days
(A) District superintendent (C) Deprivation of good conduct pay
(B) Additional, joint and assistant District (D) All the above
Superintendent
(C) (A + B) both 20. Every police officer appointed to the police
(D) None of the above force shall receive on appointment a
certificate from—
13. In U.P. the head of the police establishment (A) Director General
now is—
(B) Such other officers as Director General
(A) Director general
appoints
(B) Inspector general
(C) (A + B) both
(C) Superintendent general
(D) None of the above
(D) All the above
14. Which section of Police Act, 1861 deals with 21. When the police officer ceases to be an
the powers of director general— officer, the certificate shall be returned to
the—
(A) Section 5 (B) Section 6
(A) Officer empowered to receive it
(C) Section 7 (D) Section 8
(B) To Director General
15. The statutory powers of Inspector General of
(C) District Magistrate
police under Section 7 of the Police Act, 1861
is subject to— (UPAPO 2003) (D) None of the above
(A) Article 32 of the Constitution of India 22. Suspended police officer will remain under
(B) Article 226 of the Constitution of India the same responsibility—
(C) Article 311 of the Constitution of India (A) As if he had not been suspended
(D) Article 309 of the Constitution of India (B) As if he had been suspended
(C) As if he had once again appointed
16. Under which section of the Police Act the (D) None of the above
state government is empowered to make rules
and regulations governing the service 23. Which section of the Police Act prohibits
conditions of members of the police force— police officers from engaging in any other
(UPAPO 2003) employment ?
(A) Section 2 (B) Section 3 (A) Section 9 (B) Section 10
(C) Section 4 (D) None of the above (C) Section 8 (D) None of these
84 | P. R. & P. Act

24. Who can allow a police officer to engage in (C) Deputy Inspector General and District
any other employment ? Superintendent
(A) District superintendent (D) All of the above
(B) Some other officer authorised to grant 32. Additional police force may be deputed on
permission the application of—
(C) A or B (A) Any person
(D) None of the above
(B) Any person showing it’s necessity
25. A police officer may resign from his duties (C) Person having previous permission of
after giving notice for— local government
(A) A period not less than 2 months (D) All of the above
(B) A period less than 2 months
(C) A period not less than one month 33. The cost of such additional force is to be
(D) A period less than 1 month charged from the person—
(A) Showing its necessity
26. A police officer may engage in other
employment only when— (B) Inhabitant of village
(A) Expressly permitted to do so in writing (C) Local government
by the Director General (D) Affected persons
(B) Permitted do so by Commissioner 34. The additional police force so deputed shall
(C) (A + B) both be withdrawn—
(D) None of the above (A) On the application of person showing it’s
27. Which section provides that police officers necessity
not to engage in other employment ? (B) On the one month’s notice of the person
(A) Section 10 (B) Section 11 on whose application the force was
(C) Section 12 (D) Section 9 deputed
28. Which sections of the Police Act deals with (C) (A + B) both
the powers of Director General to make rules (D) None of the above
etc. ?
35. Under which Section of Police Act additional
(A) Section 12 (B) Section 13
police force is provided in a district on certain
(C) Section 14 (D) Section 18 conditions— (UPAPO 2003)
29. Rules made by Director General under (A) Section 13 (B) Section 14
Section 12 require approval of—
(C) Section 16 (D) Section 15
(A) State Government
(B) Central Government 36. Under section 15 of the police Act the
(C) (A + B) both authority to declare any area disturbed or
dangerous vests in—
(D) None of the above
(A) State Government
30. Rules made by the Director General under (B) Central Government
section 12 may relate to—
(C) Director General
(A) Organisation of police
(B) Classification and distribution of police (D) District Superintendent
force 37. Power to depute additional force in disturbed
(C) Preventing abuse and neglect of duty or dangerous area vests in—
(D) All the above (A) Director general
31. Under section 13 police authorities who have (B) Other officers authorised by the state
power to depute additional force are— government
(A) Director General (C) State government
(B) Inspector General (D) Either in (A) or (B)
 P. R. & P. Act | 85

38. The cost of the additional police force (C) The applicant was himself free from the
deputed under Section 15 is to be borne by— blame
(A) In habitants of the area described in (D) All of the above
proclamation
45. In respect of any injury for which compensa-
(B) Inhabitants of the general police district tion has been awarded under Section 15A—
(C) State government (A) Civil suit shall be maintainable
(D) None of the above (B) Civil suit is maintainable
39. Who will apportion the cost among the (C) Only original proceeding is maintainable
disturbed area ? (D) All of the above
(A) Director general
46. All moneys payable under Section 13, 14, 15
(B) District Magistrate and 15A shall be recoverable by the
(C) Officer incharge of police station Magistrate in the manner—
(D) None of the above (A) For the recovery of fines
40. Who will by order exempt any person or class (B) By suit in any competent Court
or section of such inhabitants from the (C) Either (A) or (B)
liability to bear any portion of such cost ? (D) (A + B)
(A) State Government
47. Special police officers under the Police Act,
(B) District Magistrate 1861 can be appointed by— (UPAPO 2003)
(C) Director General (A) A Magistrate suo moto
(D) Anyone of the above (B) The Inspector General of Police
41. Under section 15 term ‘inhabitants’ includes— (C) The Senior Superintendent of Police
(A) Person who occupy or hold land therein (D) A Magistrate on an application by an
(B) Who have immovable property therein Inspector of Police
(C) Landlords who collect rent from the area 48. When it shall appear that any unlawful
assembly or riot or disturbance of the peace
(D) All the above
has taken place and police force is not
42. Under Section 15A basis of the awarding sufficient for the preservation of the peace,
compensation to sufferers from misconducts special police officers may be appointed by—
of inhabitants or persons interested in the land (UPAPO 2006)
is— (A) The Magistrate on the application of
(A) Death police officer not below the rank of
(B) Grievous hurt Inspector
(C) Damage or loss to the property (B) The Superintendent of Police of district
concerned
(D) All of the above
(C) The Deputy Inspector General of the
43. Under section 15A for awarding compen- police of the range
sation application should be made to— (D) The Inspector General of police of the
(A) District Magistrate zone
(B) Director General
49. Under section 17 of the Police Act what
(C) State Government conditions are necessary to empower the
(D) Commissioner Magistrate to appoint special police
44. Under section 15A Magistrate shall not make officers—
any declaration or assessment unless he is of (A) Unlawful assembly
the opinion that— (B) Riot
(A) Injury has arisen from the riot (C) Disturbance of the peace
(B) Injury has arisen from unlawful assembly (D) All of the above
86 | P. R. & P. Act

50. Power of special police officer appointed 59. Match List I with List II and select the correct
under Section 17 will be— answer with the help of the code given
(A) The same as of the ordinary police below— (UPAPO 2006)
(B) Special power given to police officers List I (Provisions)
(C) Power of police station incharge (a) Surrender of the certificate of the police
(D) None of the above officer
51. Which section of the Police Act, 1861 (b) Appointment of additional police force at
provides for the punishment on refusal to rail and other works
serve as a special police officers— (c) Village police officer
(A) Section 17 (B) Section 18 (d) Certificates to Police Officers
(C) Section 19 (D) Section 20 List II (Section of Police Act)
52. Which section of Police Act deals with the 1. Section 21 2. Section 8
authority to be exercised by the police 3. Section 30 4. Section 14
officer ? Code :
(A) Section 20 (B) Section 21 (a) (b (c) (d)
(C) Section 22 (D) Section 23 (A) 2 1 3 4
53. A police officer enrolled under this Act shall (B) 2 4 1 3
exercise the— (C) 1 2 3 4
(A) Authority conferred by any Act (D) 3 2 1 4
(B) Authority conferred upon him by this
Act only 60. Under Section 23 the duties of A police
(C) Authority given by the State Government officer are—
(D) Discretionary authority (A) Obey and execute all orders and warrants
lawfully executed
54. Provisions relating to village police officer (B) To collect and communicate intelligence
are made in— affecting public peace
(A) Section 20 (B) Section 21 (C) To detect and bring offenders to justice
(C) Section 22 (D) Section 23 (D) All of the above
55. A village police officer who is enrolled under 61. Which section of Police Act cast a duty on
this Act shall be bound by the provisions of— every police officers to take the charge of all
(A) Section 21 (B) Section 20 unclaimed property ?
(C) Section 22 (D) Section 29 (A) Section 25 (B) Section 26
56. Which section of the Police Act provides that (C) Section 27 (D) Section 28
police officer be always on duty and may be 62. In regard to the disposal of unclaimed
employed in any part of the district ? property the police officer taking charge of
(A) Section 22 (B) Section 21 that property shall be guided by the orders
(C) Section 23 (D) Section 24 of—
57. Which section of Police Act deals with the (A) State Government
duties of police officers ? (UPAPO 2003) (B) Magistrate of the district
(A) Section 21 (B) Section 21 (C) Director General
(C) Section 23 (D) Section 24 (D) None of the above
58. According to which section of the Police Act 63. Which section of the Police Act provides
1861, a police officer may be deployed in any Magistrate may obtain property and issue a
part of the district ? (UPAPO 2006) proclamation ?
(A) Section 20 (B) Section 21 (A) Section 25 (B) Section 27
(C) Section 22 (D) Section 23 (C) Section 26 (D) Section 28
 P. R. & P. Act | 87

64. The unclaimed property regarding to which a (B) Imprisonment not exceeding 3 months
proclamation has been issued by the (C) (A) or (B)
Magistrate may be claimed by the claimant
(D) (A) or (B) or Both
within the period of—
(A) 6 months (B) 2 months 72. Regulation of public assemblies and
(C) 3 months (D) 1 month processions and licensing of the same is
provided in Police Act 1861, under—
65. Which section of the Police Act provides for
the confiscation of the property to which no (UPAPO 2003)
claimant, appears ? (A) Section 25 (B) Section 28
(A) Section 25 (B) Section 27 (C) Section 30 (D) Section 32
(C) Section 26 (D) Section 28
73. The power of the District Superintendent of
66. The sale proceeds of the property sold under Police to regulate the volume of music on the
Section 26 to which no claim has been roads on the occasion of festivals in provided
established shall be at the disposal of— under— (UPAPO 2003)
(A) District Magistrate (A) Clause (4) of Section 15-A of the Police
(B) Central Government Act
(C) State Government
(B) Clause (2) of Section 27 of the Police
(D) None of the above Act
67. Which section of the Police Act deals with a (C) Clause (4) of Section 30 of the Police
person refusing to deliver up his certificate Act
etc. ceasing to be a police officer—
(D) Clause (3) of Section 16 of the Police
(A) Section 28 (B) Section 29 Act
(C) Section 30 (D) Section 31
74. Under Section 30 of the Police Act who is
68. A person having ceased to be a police officer empowered to licence for the regulation of
and does not deliver his certificate will be public assemblies and processions—
punished with a penalty ?
(A) The District Superintendent of Police
(A) Rs. 200
(B) Not exceeding Rs. 200 and with the (B) Additional District Superintendent of
imprisonment not exceeding 6 months Police
(C) With imprisonment only (C) Assistant District Superintendent of
(D) With fine only Police
69. Which section provides penalties to police (D) All of the above
officers for the neglect of duty etc. ? 75. Match List I with List II and select the correct
(A) Section 28 (B) Section 29 answer with the help of code given below—
(C) Section 30 (D) Section 27 List (Section/Sub Section)
70. Under Section 29 penalty is provided for the (a) Section 30 (1) (b) Section 30 (2)
following acts—
(c) Section 30 (3) (d) Section 30 (4)
(A) Cowardice
(B) Violation of duty List II (Provision of the section/sub section)
(C) Willful breach or neglect of any rule or 1. Police officers empowered to regulate
regulation public assemblies and processions
(D) All of the above 2. Application for public assembly
71. Under section 29 maximum amount of 3. No fee shall be charged for application or
penalty for the breach of duty is— licence
(A) A penalty for not exceeding 3 months 4. Regulation of the extent of music in
pay festivals
88 | P. R. & P. Act

Code : 83. Under section 32A the purpose of prohibiting

(a) (b) (c) (d) mass drill and mass training by District
(A) 1 2 4 3 Magistrate is aimed to—
(B) 4 3 2 1 (A) Preservation of the public or public
safety
(C) 1 2 3 4
(B) Maintenance of public order
(D) 2 1 3 4
(C) Both (A + B)
76. Any procession or assembly which neglects
or refuses to obey any order given in Sub (D) Neither (A) and (B)
Section (1) of section 30A shall be deemed to 84. The prohibition under section 32A shall
be— remain in force for more than—
(A) An unlawful assembly (A) One month (B) Two months
(B) A lawful assembly (C) Three months (D) Six months
(C) a riot
85. Which section of the Police Act provides
(D) None of the above penalty for contravention of prohibition under
77. Which section of the Police Act empowers section 32A—
police to keep order on public roads etc. ? (A) Section 32B (B) Section 33
(A) Section 31 (B) Section 32 (C) Section 34 (D) Section 31
(C) Section 30 (D) Section 33
86. Which section of the Police Act 1861
78. Section 31 empowers to the police to keep provides punishment for certain offences on
order on— roads etc. ?
(A) Public roads (A) Section 34 (B) Section 34A
(B) Public streets and “through fares” (C) Section 35 (D) Section 33
(C) Ghats and landing places 87. The object of Section 34 is to avoid incon-
(D) All the above venience to—
79. Section 32 provides penalty for disobeying (A) Residents (B) Visitors
order issued under— (C) Passengers (D) All these
(A) Section 30 (B) Section 30A 88. Maximum punishment which could be
(C) Section 31 (D) All these afforded under Section 34 is—
80. For disobeying order or licence issued under (A) A fine not exceeding 50 Rs
sections 30, 30 A and 31 the amount of (B) Imprisonment not exceeding eight days
penalty so payable is— (C) Either (A) or (B)
(A) Only 100 Rs (D) Either (A) or (B) or both
(B) Only 300 Rs
(C) Not exceeding 200 Rs 89. Which one of the following offences is not
mentioned in section 34 ?
(D) Only 500 Rs
(A) Neglect to protect dangerous places
81. Which Section of Police Act 1861 empowers
(B) Being found drunk or ritous
the District Magistrate to prohibit mass drill
or mass training etc. ? (C) Exposing goods for sale
(A) Section 32 (B) Section 32A (D) Throwing cold water in streets
(C) Section 32B (D) Section 33 90. Which section of Police Act provides for
82. For the purpose of section 32A the term compounding of offences under Section 32
‘arms’ includes— and 34 of the Act ?
(A) Lathi (B) Danda and stick (A) Section 34 (B) Section 34A
(C) Belcha (D) All these (C) Section 34B (D) Section 35
 P. R. & P. Act | 89

91. Which section of the Police Act deals with the (C) Within 3 months
jurisdiction ? (D) Within 6 months
(A) Section 34 (B) Section 35 99. Which section of Police Act deals with the
(C) Section 33 (D) Section 36 tender of amends ?
92. Any charge against a police officer not below (A) Section 42 (B) Section 36
the rank of constable shall be inquired into (C) Section 44 (D) Section 45
and determined by— 100. In order to prosecute a police officer the
(A) Only by an officer exercising the powers notice one month before of the action shall
of Magistrate be given to—
(B) A person authorised by state government (A) Defendant
(C) District magistrate (B) District Superintendent
(D) None of the above (C) Assistant District Superintendent
93. Which section of the Police Act provides that (D) Either (A) or (B) or (C)
power to prosecute under other law are not
101. Which section of the Police Act provides as
affected—
a defence plea that the act was done under
(A) Section 36 (B) Section 35 warrant ?
(C) Section 37 (D) Section 38 (A) Section 43 (B) Section 44
94. Which section of the Police Act provides that (C) Section 45 (D) Section 46
no person shall be punished twice for the 102. Under the Police Act the plea that the Act
offence ?
was done under the warrant shall be
(A) Section 36 proved—
(B) Proviso to Section 36 (A) By the oral evidence of the Magistrate
(C) Section 40 (B) By the production of the warrant
(D) Section 47 (C) By the defendant's oral evidence
95. Which section of the Police Act deals with the (D) All the above
recovery of fines and penalties imposed by 103. Which section imposes a duty on officers in
the Magistrate under the Act ? charge of a police station to keep a diary ?
(A) Section 37 (B) Section 47 (A) Section 44 (B) Section 45
(C) Section 39 (D) Section 40 (C) Section 46 (D) Section 47
96. Any person sentenced to fine under Section 104. The contents of the general diary are ?
34 of the Act if makes default in the payment (A) All complaints
of such fines, he shall be punished with— (B) Names of all arrested persons
(A) Any period not exceeding 7 days (C) Offences charged against them
(B) Any period not exceeding 8 days (D) All of the above
(C) For two months
105. Who is at liberty to call for and inspect the
(D) For one months diary ?
97. Which section of the Police Act deals with the (A) Magistrate of the district
limitation of action ? (B) Defendants’ council
(A) Section 42 (B) Section 43 (C) Paintiff’s council
(C) Section 44 (D) Section 45 (D) All of the above
98. All actions and prosecutions against any 106. Which one of the following sections of the
person under this Act must be brought Police Act contains provisions relating to
within— general diary ? (UPAPO 2003)
(A) One month (A) Section 43 (B) Section 44
(B) Two months (C) Section 45 (D) Section 46
90 | P. R. & P. Act

107. Which one of the following sections at the Answers with Explanation
Police Act, 1861 has not been repealed ?
1. (A) The police Act 1861 received the assent
(A) Section 6 (B) Section 44 of Governor General on 22nd March, 1861.
(C) Section 41 (D) Section 11 2. (C) 3. (A) 4. (C) 5. (D) 6. (A)
108. Under which of the following sections state 7. (A) Second part of Section 2 provides that
government may prescribe form of return ? subject to the provisions of this Act the pay
(A) Section 45 (B) Section 46 and all other condition of service of members
(C) Section 47 (D) Section 41 of the subordinate ranks of police force shall
be such as may be determined by the State
109. The order for the submission of return is to Government.
be directed by the state government to— 8. (D) 9. (A)
(A) Director General 10. (B) In State V. J.A.C. Saldona 1980 Cr. L. J
(B) Other police officers 98 (S.C.), it was held that, there is no conflict
(C) (A + B) both between 3 police Act and Section 173 (8)
Cr.P.C. and I.G. vigilance can exercise power
(D) None of the above
of an officer incharge of a police station.
110. Which section of the Police Act 1861 deals 11. (A) 12. (C) 13. (A)
with the scope of the Act ?
14. (A) Section 5 of the Police Act provides that
(A) Section 46 (B) Section 47 Director General of police shall have the full
(C) Section 45 (D) None of these powers of a magistrate throughout the general
police district but shall exercise those powers
111. Who from time to time under this Act, may
subject to such limitations from time to time
amend, add to or cancil all or any rules
imposed by the state government.
made under this Act—
15. (C) The words ‘subject to the provisions of
(A) State government Article 311 of the constitution and to such
(B) Central government rules as the State Government may from time
(C) (A + B) both to time under this Act’ shows the Section 7 is
(D) None of the above subject to Article 311 of the constitution and
other laws made by the State Government.
112. Which among the following sections of
16. (A) Under Section 2 it is provided that the
Police Act extends the authority of district
entire police establishment under a state
superintendent of police over village
government shall for the purpose of this Act
police ?
be deemed to be one police force and shall be
(A) Section 47 (B) Section 46 formally enrolled, subject to provisions of this
(C) Section 44 (D) Section 45 Act the pay and all other conditions of the
113. Who is the competent authority to extend service of members of police force shall be
the authority of S.P. over the village police ? such as may be determined by the state
government.
(A) State government
17. (A) Section 7 of the police Act deals with
(B) Commissioner
departmental proceedings,.
(C) Director general
18. (D) 19. (D) 20. (C) 21. (A)
(D) All of the above
22. (A) According to the Section 8 during the
114. The extended authority of Superintendent of term of suspension the powers, functions and
Police over the village police officers is privileges vested in him as a police officer
subject to general control of— shall be in abeyance but he shall continue
(A) Commissioner subject to the same responsibility discipline
(B) State government and penalties and the same authorities as if he
(C) Magistrate of the district had not been suspended.
(D) All the above 23. (B) 24. (C) 25. (A) 26. (A)
 P. R. & P. Act | 91

27. (A) According to Section 10 no police officer 55. (B) Section 21 says that a village police
shall engage in any employment or office officer who is enrolled under this Act shall be
whatever other than his duties under this Act, bound by the provisions of last preceding
unless expressly permitted to do so in writing section.
by the director general. 56. (A)
28. (A) 57. (C) Duties of police officers are provided in
29. (B) Rules made under Section 12 of the Section 23.
Police Act requires approval of the State 58. (C) Section 22 provides that every police
Government. officer shall, for all purposes in this Act
30. (D) 31. (D) 32. (B) 33. (A) contained, be considered to be always on duty
34. (B) Proviso of section 13 provides that it shall and may at any time be employed as police
be lawful for the person on whose application officer in any part of the general police
such deputation shall have been made on district.
giving one months notice in writing to the 59. (B) Provisions relating to the surrender of the
concerned authorities to require that the certificate of police officers is made in
police officers so deputed shall be withdrawn Section 8 while provisions relating to the
and such person shall be relieved from the deployment of additional police force at rail
charge of such additional force from the and other works is made in Section 14.
expiration of such notice. Provisions relating to village police officer is
35. (D) Provisions relating to quartering of made in section 21.
additional police force as disturbed or 60. (D) 61. (A) 62. (B) 63. (C)
dangerous area is made in Section 15 of the 64. (C) According to Section 27 the Magistrate
police Act 1861. may detain the property and issue a
36. (A) 37. (D) 38. (A) 39. (B) 40. (A) proclamation, specifying the articles of which
41. (D) 42. (D) 43. (A) 44. (D) 45. (A) it consists and requiring any person who has
any claim there to appear and establish his
46. (C) Section 16 provides that all moneys
right to the same within six months from the
recoverable under Sections 13, 14, 15 and
date of such proclamation.
15A shall be recoverable by the Magistrate of
the district in the manner provided under 65. (B)
Section 386 and 387 of Cr.P.C. 1898 for the 66. (C) According to Section 27 (2) the sale
recovery of fines or by suits in any competent proceeds of property sold under the preceding
Court. sub section and the proceeds of property sold
47. (D) Under section 17 special police officers under Section 26 to which no claim has been
are appointed by the nearest magistrate on the established shall be at the disposal of the State
application of police officer not below the Government.
rank of Inspector. 67. (A) Section 28 of the Police Act provides
48. (A) 49. (D) punishment for the person who has ceased to
be a police officer but does not deliver up his
50. (A) Section 18 provides that every special
certificate etc.
police officer so appointed shall have the
same powers, privileges and protection and 68. (B)
enable to the same penalties and subordinate 69. (B) Section 29 of Police Act provides penalty
to the same authorities as the ordinary officers for the breach of duty etc.
of the police. 70. (D) 71. (D)
51. (C) 52. (A) 72. (C) Regulation of public assemblies and
53. (A) Section 20 provides that a police officer procession and licensing the same has been
enrolled under this Act shall exercise only provided under Section 30 of the Police Act
that authority which is given to him under 1861.
this Act. 73. (C) Section 30 (4) also provides that he may
54. (B) also regulate the extent to which music may
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be used in the streets on the occasion of 94. (B) Proviso to section 36 provides that no
festivals and ceremonies. person shall be punished twice for the same
74. (D) 75. (C) 76. (A) offence.
77. (A) Section 31 of the police Act empowers to 95. (A) Section 37 of the Act provides for the
police to keep orders or the public roads, and recovery of penalties and fines imposed by
in public streets, through fare, ghats and the Magistrate.
landing places etc. 96. (B)
78. (D) 79. (D) Note—Sections 6, 38, 39, 40 and 41 have
80. (C) Under section 32 the amount of penalty is been repealed.
200 Rs only. 97. (A) 98. (C) 99. (A)
81. (B) 100. (D) Prior to action notice in writing of such
82. (D) Explanation of Section 32A provides that action and of the cause thereof shall be given
for the purpose of this section ‘arms’ means to the defendant or to the District
any type of offensive weapons and includes Superintendent or Additional District
lathi, danda, stick and belcha. Superintendent of the district in which the
Act was committed, at least one month
83. (C)
before the commencement of action.
84. (C) Sub Section (2) of Section 32A provides 101. (A)
that no prohibition under this Section shall
remain in force for more than three months. 102. (B) Second part of section 43 provides that
such plea shall be proved by the production
85. (A) of the warrant directing the Act.
86. (A) Section 34 of the Police Act, 1861 103. (A) 104. (D) 105. (A)
provides for punishment for certain offences 106. (B) Section 44 of the Police Act, 1861
on the roads or in any open place or streets or contains provisions relating to general diary.
thoroughfares.
107. (B) Sections 6, 11, 38, 39, 40 and 41 of the
87. (D) Police Act have been repeated.
88. (C) Any person who commits any of the 108. (A) Under section 45 of the Police Act,
offences mentioned in section 34, on a State Government is empowered to
conviction before the Magistrate be liable to a prescribe form of return.
fine not exceeding 50 rupees or to 109. (C) 110. (A)
imprisonment with or without hard labour not
exceeding 8 days. 111. (C) Sub section (3) of section 46 provides
that all rules made under this Act may from
89. (D) 90. (B) 91. (B) time to time be amended, added to cancelled
92. (A) Section 35 provides that any charge by the State Government.
against a police officer above the rank of 112. (A) 113. (A)
constable shall be inquired into and 114. (C) The extended authority of District
determined by an officer exercising the Superintendent over village polices is
powers of magistrate. subject to general control of the Magistrate
93. (A) of the district.