ESCORT OF PRISONERS UNDER THE PRISONERS (ATTENDANCE IN COURTS) ACT 1955.
734. The Act which provides for the attendance in courts of prisoners confined in prisons for obtaining their evidence or for answering a criminal charge, is the prisoner (Attendance in courts) Act 1955.
. The duty of escorting undertrail prisoners from jails and lock-ups to courts for trail necessarily devolves on the police. The lock-up officer should give timely intimation to the police of the dates and the 735. The duty of escorting under-trial prisoners from jails and lockups to courts for trial and back devolves on the police. The prison officer should give timely intimation to the police of the dates and the number of prisoners to be escorted to allow of the necessary arrangements being made. number of prisoners to be escorted to allow of the necessary arrangements being made.
(a). While yardsticks regarding the strength of Police escort parties/guards for escorting prisoners have been prescribed in various orders of the Police manual, the arrangements need to be reviewed and strengthened in the context of escorting terrorists, extremists, dangerous criminals and other high security/escape risk prisoners. Prisoners are required to be escorted in various types of situations including escorting from the point of apprehension to police lock-up, from there to courts and prisoners, from prisons to courts and hospitals vice versa and also from one prison to courts/prisons both within and outside the State. While in each case, the strength and composition of the escort party would require to be fixed after considering various relevant factors including number of prisoners, their antecedents, mode of travel and duration of journey, etc. the under mentioned points may be kept in mind:-
(i) BRIEFING TO ESCORT PARTY
The Police party should be thoroughly briefed by the jail authorities and senior police officials with regard to antecedents of prisoners, their habits, past modus operandi and whether they are high security/escape risks before handing them over.
(ii) SEARCH OF PRISONERS
Thorough physical search of prisoners should be conducted by both the jail staff and escort party before taking them over. They should not be allowed to carry any articles which can be used for offensive/escape purposes.
UNDERTRIAL PRISONERS TO BE SEARCHED BEFORE TAKEN TO THE COURT
736. An under trial prisoner besides being searched before leaving the jail, should be searched each time before he is produced in court and articles, if any found, taken away from him. It should be the joint duty of the prosecuting officer and the officer-in-charge of the escort to make a thorough search and satisfy himself that no offensive weapons are being carried to court by the accused. Similar precautions should be taken regarding prisoners surrendering themselves in court.
737. Generally no prisoner should be admitted to any jail on Sundays or on any of the recognised holidays declared as such by Government. 850. No prisoner should be admitted to any jail on Sundays or on any of the recognised holidays declared as such by government.
(1) VEHICLES AND EQUIPMENT
(a) Only vehicles in good condition should be used for escorting terrorists and dangerous criminals. Invariably two vehicles should be deployed with one acting as an escort vehicle in which a wireless set must be installed to report, at prescribed intervals if necessary the location and position of the party. In case of long distance travel there should be a third vehicle with armed guard for better guarding and acting as standby in case of any break down.
(b) Handcuffs, locks, chains, etc. should be checked up thoroughly for being in good order. One long chain, rope and two steel rings with locks per prisoner should invariably be carried by the party. The party should be equipped with a spare set of handcuffs, powerful batteries/torches and light pistols. In exceptional cases leg irons, fetters could also be used as per relevant provisions of the jail/police manuals. However, in such cases detailed justifications and reasons should be recorded in writing in view of the Supreme Court Judgement and wherever necessary prior permission of Courts obtained.
(2) GENERAL PRECAUTIONS
(i) The Guard/Constable in immediate custody of the prisoner(s) may invariably be unarmed to obviate the chance of getting overpowered and losing his weapon. However, he should be covered adequately by other armed guards at all times, who should also invariably be beyond the hand reach of the prisoner.
(ii) During transit, glass bottles for water should be avoided and only plastic bottles should be permitted.
(iii) Items of equipments like chains/ropes/torches should be so placed that the prisoners have no ready access to them.
(iv) The guards should so position themselves and be vigilant as to obviate/minimise possibility of chilly powder or other material being thrown in eyes/face as has been reported in several cases, particularly in congested areas.
(v) The Police escort party should be cautioned to prevent any contact, exchange of articles or conversation with all (including friends and relatives) in transit and also in court premises.
(vi) They should be warned against attempts by prisoners to gain their confidence resulting in laxity in custody and also against accepting any food, drinks, or hospitality while escorting prisoners.
(vii) Escort party should be permitted adequate advance for meeting expenditure on food, repairs and other unforeseen contingencies enroute in case of long distance travel.
(viii) In case of hard-core terrorists, etc. while they are either in the court premises or lodged in hospitals outside jails, all possible vigil by armed guards should be maintained to frustrate attempts by outside help to free the prisoner(s).
(ix) In the case of the above category of prisoners, the police authorities shall inform the jail staff about the antecedents, past modus operandi, the degree of security/escape risk etc. Similarly, the escort party shall be thoroughly briefed about this who, in turn, shall fully brief the authorities to whom the prisoner is being handed over at the place of destination, in writing about the background and antecedents, etc. of the prisoner so that adequate caution is exercised at all times and adequate arrangements are made by the receiving authorities.
(x) No prisoners, except such as may have been temporarily absent attending court will be admitted to any jail before sunrise on any day or after the prisoners have been locked up for the night.
(3) STRENGTH AND COMPOSITION OF ESCORT PARTY
While actual strength and composition of the escort party would have to be determined in each case depending upon various relevant considerations, the escort party for terrorists and dangerous criminals should invariably be headed by an officer not below the rank of an Inspector. In appropriate cases, a senior officer including a Dy. SP or an ACP may be deployed. For every such prisoner there shall be at least two constables/guards having direct custody of the prisoner, exclusive of armed guards of the escort party. The minimum strength of the escort party in no case shall be less than 1 SI, 1 HC and 3 Constables per prisoner. At least 75% of the escort party shall be armed, including automatic arms, (LMGs/Sten guns) SLRs/Rifles as may be appropriate.
The composition and strength of the escort party shall be so determined (depending on travel time, mode of travel, number of prisoners, etc.) so that even if two or three members are absent at any given time for answering calls of nature, other duties, etc., the extent and quantum of vigilance is not diluted.
(4) LONG DISTANCE ROAD TRAVEL
(i) Wherever long distance travel by road is undertaken, journeys, after dusk or under poor visibility conditions should be avoided/discouraged.
(ii) It should be ensured that one of the vehicles is equipped with a wireless set.
(iii) Where it becomes necessary to break journey for night prior arrangements should be made to ensure halts at police station/lock-up/prisons. Permission from the concerned courts, as necessary and security arrangements at such places should be ensured in advance.
(5) FOOD AND ANSWERING CALLS OF NATURE IN TRANSIT
(i) As far as possible, feeding of both prisoners and the escort party should be completed before commencement of the journey. Wherever food on route becomes necessary the convoy should be stopped as far as possible at the police station/ police lock-up premises and not in congested areas/bazaars. Food before being consumed by the prisoners shall be tasted/checked.
(ii) For answering calls of nature etc. police stations/police lock-ups en route should be used. However, if it becomes necessary to stop en route, the spot should be selected by the leader of the escort party. Where necessary, prisoners should be tied with long chain and only handcuff released. Under all circumstances, it has to be ensured that the prisoner(s) is always in close proximity and under the direct gaze of the guards at all times.
(iii) When prisoners are taken by a public service vehicle, bus warrant, according to bus warrant rules, will be issued for both the prisoners and the policemen who escort them. The entire cost of bus warrant will be borne by the Police Department.
(6) ARRANGEMENTS IN HOSPITALS (OUTSIDE JAIL PREMISES)
Jail doctors should be instructed to recommend outside treatment only in the most deserving/critical cases. As far as possible separate and secure accommodation in the hospitals outside jail premises should be arranged for the prisoner and for the guards in his immediate vicinity.
PRISONER RELEASED ON MEDICAL GROUND
738. A prisoner conditionally released on medical grounds from a jail situated in a district other than that in which he wishes to reside should be taken charge of by the police of the district in which the jail is situated, for escort to the district where he proposes to reside.
JOURNEY BY RAIL
739. There should invariably be reserved accommodation in train. Otherwise they be accommodated in the four seater – cubicles in the train when only one or two prisoners are to be moved. Arrangements for detachable prison fittings in carriages – like window additional gratings, bars, special locks should be made in the compartment. The strength of the escort party should be carefully fixed considering the journey time, number of prisoners, etc.
WHEN PRISONER IS TO BE TAKEN TO THE RAILWAY STATION
740. When a prisoner is to be escorted by rail, in no circumstances he will be taken to the railway station more than three-quarters of an hour before the departure of the train by which he is to travel.
741. Prisoners in transit by rail should be detained in railway police stations, provided they have lock-ups. Otherwise, they should be taken for safe custody to the nearest local police station, provided there is such a station within two miles from the railway station. If there is no lock-up in the railway police station and if there is no local police station within two miles, prisoners should be kept in the railway police station and should be guarded, reinforcements obtained if necessary, from the railway police station. The same procedure should be followed, if there is not enough time for prisoners being taken to the local Police Station.
ESCORT HALTING AT POLICE STATIONS
742. An escort in charge of prisoners, halting at a station on its route, is for the time being under the immediate orders of the Sub-Inspector or Station House Officer of the station, who is responsible for posting a guard consisting of the escort and so many men of the station as are necessary to bring the escort upto a sufficient strength to furnish four sentries.
JOURNEYS BY SPECIAL AIRCRAFT
743. In rare cases of dangerous terrorists/Very high security risk prisoners, where large distances have to be traversed or under special circumstances when travel by train or road is not desirable requests be made for making available special aircraft for transportation of prisoners. Such request should be made by State Government/UT to the Ministry of Home Affairs, (Police Division). In such cases adequate escort on the lines above shall be provided by the State Governments/Union Territories from where the journey of the prisoner commences till the destination of the prisoner. It shall be the responsibility of the State Government/UT (in which the Airport of arrival is situated) to provide requisite number of vehicles and adequate armed policemen to assist the escort party from the Airport to the destination. In all such cases, prior arrangement/confirmation should be made between the State Governments and UTs concerned with regard to arrival/departure timings and provision of vehicles, etc. before the journey is undertaken.
ARRANGEMENTS AT COURTS
744. In courts where terrorists/dangerous criminals are frequently required to be produced, arrangements for earmarking a room or some other place for holding them in custody pending court proceedings should be arranged. In case of high escape risk prisoners, permission of the court to keep the prisoners in hand-cuffs, if necessary, fetters should be obtained and they be requested to take up their cases on priority to reduce waiting time. Special care should be taken while allowing prisoners to use toilet facilities. Conversation/communication, etc. with outsiders in court premises (which are generally crowded) should not be permitted.
SPECIAL TRAINING FOR ESCORT PARTIES
745. Special training in escort duties for high security risk prisoners should be imparted to select physically fit persons of the police force. Till then only those who are physically fit, with a clean record and experienced in such duties should be deployed for escorting high risk prisoners.
PRECAUTIONS TO BE TAKEN BY AN ESCORT OF PRISONERS AGAINST ESCAPE
746. Long distance journeys should invariably be performed by special jail vans which ideally would provide prison condition. They should have separate compartments divided by iron grills and wire mesh for prisoners with seats with self locking belts and guards and separate section for armed escort. For long distances, provisions for toilets/urinals should if possible be made within the vehicles by having a small area/curtained portion – containing commodes/urine (plastic) bottles.
747. The escort accompanying prisoners conveyed by police bus or prison van may unfix bayonets before embussing; but they shall always fix bayonets when superintending prisoners entering or leaving the bus or van.
748. The Police bus or van shall be brought as close as possible to the point where prisoners are to be taken out from their place of confinement. For this purpose, the driver shall comply to the best of his ability with the instructions of the escort officer regardless of the rank.
749. If the prisoners are escorted in a public bus, the escort will so dispose itself as always to be between the prisoners and any door and between the prisoners and any member of the public.
750. When parties escorting prisoners by road are required to halt for the night en route, halting places shall be selected, if possible where lock-ups are available.
751. Whenever the court and the jail are in the same station, the prisoner will be taken from the jail to the court and back daily, until his attendance is dispensed with. On every day he attends the court, he will receive the full jail ration and will be fed before if he is being taken to the local court and he will be allowed to take his mid-day meal with him for consumption at any convenient hour if he is taken to an outside court.
752. Whenever a prisoner is sent for examination to or has to halt at night en route at a station where there is a central or district jail, he should be confined therein. Where there is no central or district jail he should confined in the subsidiary jail, and where there is no subsidiary jail, he should be confined in the police lock-up.
753. If the escort is unable to reach a Central, District or Subsidiary jail before sunset, the police should make necessary arrangements for the safe custody of the prisoner.
754. If the prisoner is taken to a Central, District or Subsidiary jail, the jail or police establishment guarding it will be responsible for the custody of the prisoner. Whenever the escort desires to proceed the prisoner will be handed over for that purpose, provided that no prisoner escorted under these rules will be admitted into a jail after sunset, nor handed over to the escort before sunrise.
755. If the prisoner is taken to a police lock-up, in which there are no other prisoners, the police in charge of the lock-up will permit the prisoner escorted under these rules to occupy a ward in the lock-up, the key of which will be handed over to the escort and the prisoner will be entirely under the charge of the escort with its prisoner, the key of the ward occupied will be returned to the police in charge of the lock-up.
756. In the event of a police lock-up being occupied by other prisoners, the prisoner will be confined with them, the police in charge of the lock-up being then responsible for his safe custody. The duty of supplying the prisoner with food and of watching him cook and eat, will rest with the police escorting him.
757. Police escorts should conform to the rules in force at lock-ups as regards hours for cooking and meals, e.g., when the custody of the prisoner devolves upon the police in charge of the lock-up, the escort should not demand that he be let out at unauthorised hours to cook his food, etc.
758. A prisoner escorted under these rules will ordinarily be sent by rail. When travelling by rail, the accommodation to be provided will be of the lowest class to all classes of prisoners. At district headquarters prisoners should be conveyed from jail to court and back in a police van. Prisoners whose confessions are to be recorded should be taken to the court from the jail in a police van, escorted by warders as a special case. In places where there are no police vans but where bus is available, under trial prisoners should be conveyed by bus, irrespective of the distance to be travelled, provided that the number of prisoners to be taken at a time is small and can be controlled easily and provided also that their presence in the bus does not cause inconvenience or annoyance to members of the public using it. In places where none of the above modes of conveyance is available, under trial prisoners who are persons of good social position and are accustomed to use a conveyance may be allowed a conveyance provided their safe custody is not endangered.
759. The same rule should be followed in the case of prisoners who are certified by the Medical Officer to be physically unfit to walk. In other cases, prisoners should go on foot except in the cases noted below. No prisoner should, however, be compelled to march on foot more than 15 miles in 24 hours.
760. When convicted prisoners are escorted along with under trial prisoners, the former may be conveyed by the bus in which the latter are conveyed, irrespective of the distance to be travelled in order to avoid the inconvenience and expense of providing a separate escort for them.
761. whenever women prisoners have to be escorted by road, they should be provided with a conveyance, where the distance to be travelled by them exceeds one mile. Conveyance will also be provided for shorter distances in cases in which, for reasons of health or custom or other valid reasons, failure to make such a provision would cause undue hardship to them.
DUTIES OF POLICE ESCORTS IN CONNECTION WITH PRISONERS REQUIRED TO ATTEND COURTS.
762. While escorting prisoners to and from courts or while waiting outside the courts, no one should be allowed to speak to or to approach any prisoner.
763. When a convict is removed to give evidence in a court situated at a place other than that where he is undergoing his sentence, he should be delivered for custody until such time as his attendance in court is required, to a prison, or in the absence of a prison into a lock-up at the place where the court is situated. When his attendance is no longer required, he should be taken to the nearest district or central prison.
764. Under trial prisoners should not be handcuffed unless there is a reasonable expectation either from the heinous nature of the crimes with which he is charged or from his character or behaviour that such person will use violence or will attempt to escape or that an attempt will be made to rescue him.
765. The minimum strength of the police guard should be as follows:
(i) For a single prisoner, two Constables.
(ii) For two prisoners, two Constables.
(iii) For more than two and not more than four prisoners, two Constables.
(iv) For more than four and not more than six prisoners, on Head Constables and three
Constables.
(v) For more than six and not more than ten prisoners, one Head Constable and four
Constables.
766. In a case where a female prisoner is to be conveyed as per order 809, a female or a woman PC/HC should, whenever possible, be detailed to accompany her and the male escorts.
NOTE:- The attention of all Superintendents is drawn to the above scale of escorts which is the minimum only. The officers who depute escorts should invariably increase the strength in the case of dangerous prisoner (order 768) or when a journey by train will take more than twelve hours or will take place at night so that regular sentries can be posted, while others take rest.
767. When a journey by train is to take more than twelve hours by night, the escort commander must maintain in his note-boot (in Sentry Relief Book form) details of sentries (the period should be as a general rule two hours), as well as their acknowledgements of being posted and taking charge of the particular number of prisoners.
768. When prisoners are of desparate character or are likely to attempt to escape or when the number to be escorted exceeds ten, the strength of the guard should be increased at the discretion of the officer providing the escort.
769. The cost of conveyance, if any, and of maintaining prisoners while absent from the jail will be advanced by the officer-in-charge of the jail to the officer-in-charge of the escort. Whenever possible, the escort will be given articles of diet sufficient for the prisoner’s rations during his absence, instead of money. If a prisoner is admitted into any jail, he shall be supplied with rations by that jail during the period that he spends there.
770. No prisoner under sentence of death should be removed from the jail in which he is confined without the special sanction of Government except in the case of a prisoner under sentence of death whose presence is required by a Sessions or High Court for the purpose of taking additional evidence in the case.
771. On escort duty with prisoners, the Head Constable or Head Constables in the escort should not carry arms. Of the Constables forming the escort, not more than half the number will carry arms. In a party of one Head Constable and three Constables, one Constable should have a rifle; in a party of one Head Constable and six Constables, three Constables should have rifles. No Head Constable or Constables should carry any side arms on such escort duty. Instead of side arms, batons may be provided, if necessary. Each Constable armed with a rifle will carry 10 rounds of ball ammunition in his pouch.
772. In such parties, the Head Constable will arrange that there is only one armed Constable who will walk in front of the party. When there are several armed Constables, there should be one in front and the others divided on either side of the prisoners. It will be the duty of the Head Constable-in-charge to keep in his possession all warrants or correspondence relating to the prisoners. It will be the duty of the Constables without arms to hold the prisoners’ ropes or chains to prevent their escape.
773. The above orders regarding arms to be carried by escort parties will apply when normal conditions exist. When disturbances occur or are apprehended, the proportion of arms carried shall be increased at the discretion of the officers despatching the escort party, and in such times the amount and nature of the ammunition carried may also be varied by the same authority. Escort parties required to halt at nights at places in which no secure lock-up exists should be provided with sufficient arms to ensure their safety from attack and permit them to mount the necessary sentries.
774. When the children are on remand, i.e., certified Schools including fit person institutions under the magisterial custody, or are committed to the provisions of the Karnataka Children Act, 1964, the Police Department should provide necessary escort facilities for the to and from journeys of the inmates either to the courts, hospitals, certified schools and when under orders of transfer or of repatriation for restoration to their parents, etc. On all these occassions, the police should be in plain clothes and no child or young person shall be hand-cuffed or roped.
ESCORT OF SOLDIERS
775. A military escort should be applied for, for the purpose of escorting soldiers still in service who are in the custody of the civil power, from one place to another whether before or after sentence. Police escorts should not be furnished for the purpose.
776. Should an escape be attempted, and prisoners resist the efforts of the escort to prevent the escape, escort will be fully justified in using fire-arms for their own protection or to overcome the prisoners’ resistance and, if necessary, for either purpose in shooting or using force on the prisoners. This extreme course should never be resorted to unless in cases of absolute necessity.
777. When a prisoner is sent to a district jail or to a hospital, the escort officer, on delivering him to the jailor or the hospital authority, may require that the prisoner’s body be examined to ascertain whether there are any marks of violence thereon.
DOCUMENTS ACCOMPANYING PRISONERS TRANSFEREED TO ANTOHER JAIL
778. The following documents relating to each prisoner transferred will be given to the officer-in-charge of the escort to be delivered to the Superintendent of the receiving jail –
(1) his original warrant or warrants duly endorsed;
(2) a copy of the committing court’s judgement if available, the order of any appellate court and any order of government on any petition made by the prisoner;
(3) a nominal roll;
(4) his history sheet;
(5) his remission ticket (if he is under remission system);
(6) his medical case (if he is transferred on medical grounds);
(7) duplicate and triplicate lists of all private property belonging to the prisoner;
(8) list of clothing, bedding and other Government property sent with him; and
(9) a certificate regarding his health in the transferring jail and of prisoner’s fitness to travel, signed by the medical officer.
779. Convicts should be hand-cuffed during transit. When prisoners under escort are hand-cuffed, they should always be hand-cuffed in pairs, the left wrist of the one being hand-cuffed to the right wrist of the other. When the number under escort consists of an odd number, as three, five, seven, nine, etc., the odd man should be hand-cuffed to other prisoners. In cases of dangerous or refractory characters special measures should be taken with a view to securing their custody under the order of the Superintendent of Police. While halting, such precautions only should be taken as are absolutely necessary for security. If leg irons are used, leather gaiters must be used for each prisoner to prevent abrasion of the skin. Convict warders and convict overseers need not be hand-cuffed when under escort from one jail to another.
780. The use of hand-cuffs not only causes humiliation to the prisoner but also destroys his self-respect and is contrary to the modern notions in the treatment of offenders. Prisoner should not normally be hand-cuffed, unless he is violent or disorderly or circumstances necessitate such hand cuffing. No person arrested by a police officer or remanded to custody by a magistrate on a charge of having committed a bailable offence, shall be hand-cuffed unless for some special reasons it is believed that he is likely to escape. The following instructions are issued in this behalf:-
(i) A prisoner should not normally be handcuffed unless he is violent and disorderly, or circumstances necessitate such handcuffing.
(ii) Fetters should not be imposed on any prisoner admitted in a hospital except with the approval of the medical officer and in no case prisoners who are aged and bed ridden in hospital should be hand cuffed or fettered. (1) A prisoner should not normally be hand-cuffed he is violent or disorderly, or circumstances necessitate such hand-cuffing.
(iii) In no case hand-cuffs or fetters, should be imposed on women prisoners, juvenile prisoners or civil prisoners.
(iv) No person arrested by a police officer or remanded to custody by a magistrate, on a charge of having committed a bailable offence, shall be hand-cuffed unless for some special reasons it is believed that he is likely to escape.
(v) When an accused is in court during the trial he must be held to be in the custody of the court. If the accused is so dangerous that it is necessary to hand-cuff him, a representation should be made to the court and the court will issue proper instructions in the matter. Accused persons while in courts during trial should not be hand-cuffed except with the permission of the court.
(vi) Under trial prisoners while being escorted to and from courts, shall not be hand-cuffed and chained unless there is a reasonable expectation either from the heinous nature of the crimes with which they are charged or from their character or behaviour that such persons will use violence or will attempt to escape or that an attempt will be made to rescue them. The same principle will be applied to convicts proceeding in public places in police custody. The decision as to whether hand-cuffs and chains should be used or not will ordinarily lie with the Station House Officer or in his absence, with the officer next below him in seniority.
(vii) Whenever accused, but un-convicted persons are hand-cuffed, the facts and the reasons for it shall be stated in the Station House Diary.
(viii) Whenever it is considered necessary to hand-cuff the accused, but un-convicted prisoners confined in a sub-jail when taken out in the precincts of the sub-jail for food or exercise, the orders of the Superintendent of the sub-jail should be obtained in the prescribed register kept for the purpose by the officer-in-charge of every sub-jail guard.
(ix) In regard to refractory, violent or dangerous prisoners, the officer-in-charge of the sub-jail guard or the senior police officer present may impose hand-cuffs in cases where the orders of the Superintendent of the sub-jail cannot be obtained in time to avoid risk, provided the facts shall be reported to the Superintendent at once.
METHOD OF USING HAND-CUFFS AND CHAINS
781. In securing a prisoner under escort, the primary issue is that the policeman in charge should be alert. If there be negligence in this respect, no amount or method of tying or hand-cuffing will prevent a prisoner’s escape.
782. If it be necessary to use hand-cuffs, the key-holes of the hand-cuffs should be kept uppermost, as in this position it is not easy to open them by striking on some hard substance. Care should also be taken that the hand-cuffs are not too large; otherwise, prisoner can slip his hand through them. It should also be ensured that the hand-cuffs are in good working condition.
783. When there is only one prisoner, there is the simple device of attaching the hand-cuffs to the prisoner’s right hand and to a Constable’s left. Both the prisoner and the Constable can walk in comfort but the prisoner cannot escape.
784. It is sometimes advisable to hand-cuff a prisoner with his arms behind his back. The prisoner can walk quite comfortably but cannot run fast; and at the same time, he cannot strike the hand-cuffs on some hard substance to break them open. When travelling by train, a prisoner who is hand-cuffed behind cannot easily escape as he finds it difficult to jump out and then pick himself up again.
785. Leading chains may also be used in addition to handcuffs. The leading chain has a steel ring of a diameter of two inches and a handle. The steel ring should be passed through one of the pairs of hand-cuffs in an unlocked position and thereupon the hand cuff put on the prisoner. Both cuffs should be locked: otherwise, the leading chain will slip off.
786. The following is the scale of supply of hand-cuffs and leading chains:-
|
SL.NO. |
PLACE |
HAND-CUFFS |
LEADING CHAINS |
|
1. |
Police Stations including Railway Police Station (a) Where the strength exceeds 30 HCs/PCs (b) Where the strength exceeds 12 but does not exceed 30 HCs/PCs (c) Where the strength is less than 12 . |
12 10
6 |
3 2
1 |
|
2. |
Police Outposts including Railway Outposts. |
2 |
1 |
|
3. |
D.A.R.
|
16 |
4 |
|
4. |
Sub-jail |
10 |
2 |
SUPPLY OF LEG-SHACKLES
787. The officer-in-charge of the escort should be supplied with two pairs of removable leg-shackles if available, to be temporarily substituted for handcuffs when convicts are easing themselves on the journey.
ESCORT OFFICER TO SATISFY AS TO THE SOUNDNESS OF HAND-CUFFS AND FETTERS.
788. Before taking the convicts, the officer-in-charge of the escort should ensure that all handcuffs and fetters when used are secure and are in good order and that none of the convicts can possibly rid themselves of them without aid. This examination will be repeated whenever the convicts halt or resume their journey. The handcuffs and leg-shackles should be provided by the police.
CONVICTS NOT TO HAVE WEAPONS, ETC., FACILITATING ESCAPE
789. Care must be taken that convicts have no files, weapons, string or any other article calculated to facilitate escape by cutting their irons or otherwise.
CUSTODY OF KEYS OF HANDCUFFS
790. Keys of handcuffs will be kept by the seniormost police officer in charge of the convicts.
TREATMENT OF SICK PRISONERS
791. The instructions relating to the treatment of convicts under escort in the event of sickness or death are as follows:-
(1) When the convict becomes seriously ill on the road so as to be unfit for travelling, he should be left at the next station or outpost to be taken as soon as he can be moved to the nearest jail or lock-up, there to be treated by the Medical Officer and a report of the circumstances should be made to the Superintendent of the despatching jail and the jail to which the convict was travelling.
(2) If a convict coupled to another falls sick, he should be detached from his companion, the latter being coupled to any odd convict, there may be in the party.
(3) Should cholera appear on the march either among the convicts or the guard, the party should halt immediately and the officer in command should apply for orders to the nearest Station House Officer.
(4) In case of death among convicts, the officer-in-charge will report the fact to the nearest Police Station and make arrangements for the due custody of the corpse until the arrival of the Magistrate to hold the inquest. The officer-in-charge of the station, when such death is reported, will be responsible for the due disposal of the body after inquest.
(5) The following procedure will be followed in dealing with cases of escort of prisoners suffering from infectious diseases
.
(i) when an escort is required for a person suffering from an infections disease, the officer providing the escort, will be given full details of the disease and whether the person is badly infected with;
(ii) the officer providing the escort will then obtain the services of an ambulance for conveying the person to the infectious diseases hospital or to any other destination;
(iii) in case of small-pox, only those Constables who have recently been vaccinated will be deputed for the escort. In case of other diseases, constables who have been inoculated against that particular disease should be deputed. Where there are no Constables so inoculated, arrangements should at once be made to get the escort party inoculated before they are deputed;
(iv) on return from duty, the Constables should hand in their uniforms which should be sent at once for fumigation. The Constables should also be advised to have a bath before mixing themselves with the other Constables.
PERSONAL CASH PROPERTY OF DETENUES UNDER THE POLICE ESCORT
792. Detenues are allowed to use their personal cash property for legitimate purposes during journeys while under police escort. The police escort will be in custody of the personal cash property and should maintain accounts of the expenditure incurred during transit.
PRODUCING PRISONERS IN COURTS
793. The Jail Superintendent is responsible for the production in court, at the appointed time, of a prisoner who is committed to Sessions or is remanded pending a magisterial enquiry or trial and will make suitable arrangements with the police for the provision of the necessary escort.
794. An acknowledgement should be obtained in a register prescribed in the Karnataka Jail Manual, from the senior most police officer of the escort whenever a prisoner, whether committed to the Sessions or under remand is made over to the charge of such police officer for production in court.
795. The police are responsible for the safe custody of any prisoner committed to their charge under the preceding orders till he is returned to the jail or discharged from custody in due course of law. It is for the police to decide whether such prisoner should be handcuffed or not.
796. When an under trial prisoner has to be brought back to the jail even in the event of his acquittal or discharge, the senior most police officer of the escort should be informed of the fact.
ESCORTS BY ROAD - GENERAL RULES
797. Escorts by road going on foot should report themselves at all police stations through which they pass.
798. Escorts must proceed and return in a body in the charge of their officer.
799. Escorts coming to Bangalore should report at the Office of the Commissioner of Police, Bangalore. They may deposit their arms and kits in the guard room of this office.
800. Every member of the escort party should carry a firearm with at least 10 rounds of ammunition. The quantity of ammunition may be increased, if necessary, under the orders of the Superintendent of Police in particulars cases. When more than 10 rounds are taken, the extra rounds should be securely carried.
ESCORT OF TREASURE BY ROAD
801. An escort with prisoners or treasure should not travel by night by road except when absolutely necessary.
STRENGTH OF TRESURE ESCORTS BY ROAD AND RAIL
802. The following scale of escort for treasure by road is given as a general rule, to be varied as local experience may prove an increase or decrease, necessary.
Sums over Rs. 10,000 but not exceeding Rs.20,000 1HC 2PCs
Sums over Rs. 20,000 but not exceeding Rs.1,00,000 1HC 4 PCs
Sums over Rs. 1,00,000 2HCs 8PCs
803. When the value of the remittance exceeds Rupees five lakhs, an officer not below the rank of Sub-Inspector or reserve sub-inspector should be sent in charge of the escort.
804. Escort on the above scale will rarely be required for remittance by rail, but timely notice be sent to the Superintendent of the district of destination to provide men sufficient to strengthen the escort for any road journey to be performed after alighting from the train. A Reserve Inspector, Inspector, Reserve Sub-Inspector, Sub-Inspector or Head Constable, as the case may be, as referred to in order 803 and two Police Constables for each will ordinarily suffice for escorts by rail, unless the escort has also to return with treasure in which case the strength will be 1 Head Constable and 4 Police Constables in addition to the officer-in-charge.
805. Treasure escorted by the police between places where bus services are regular, continuous and reliable and where there is no railway connection may be conveyed by bus provided the police officer concerned considers it safe to do so. The following is the scale of escort for treasure in one bus by day:-
Sums not exceeding Rs.50,000 1 HC 2 PCs
Sums not exceeding Rs. 1,00,000 1 HC 3 PCs
Sums exceeding Rs. 1,00,000 1 HC 4 PCs
For sums over rupees Five lakhs, a Reserve Sub-Inspector or Sub-Inspector should be in charge of the escort.
806. As laid down in order 805 the scale is a general one and should be increased when considered necessary, e.g., by night by 50 percent.
PADLOCKS – SEALING OF
807. The practice of packing the treasure in padlocked boxes and of enclosing the padlocks of the box in a sealed bag is a convenient one and should be adopted whenever possible.
RECEIPTS AND DELIVERY OF TREASURE – DUTIES OF OFFICER-IN-CHARGE OF ESCORT
808. The following instructions are issued for the guidance of officers-in-charge of treasure escorts:-
(a) The escort is solely and entirely responsible for the safe transit of the treasure boxes, and for handing over the boxes in the condition in which they received them.
(b) The escort officer should see the boxes of notes and coins weighed, or in the case of chests containing bags of coin should count the number of bags. He should examine the seals, locks, hinges and other fastenings and satisfy himself that each box or chest is properly fastened and secure before he takes charge of it. He should refuse to take charge of treasure insecurely packed reporting the reasons for so doing to his superiors.
(c) He will, if he is satisfied, sign the receipt at the foot of each copy of the invoice for “ . . . . . . . . bags packed in . . . . . carts, or . . . . . boxes of marks and weight detailed above said to contain . . . . coin and notes to the value of Rs. . . . . . . . “. The blanks will be filled up in words.
(d) When the escort officer is relieved in the course of the journey, the relieved and relieving escort officers should jointly examine the condition of the boxes, chests, etc., and state of the locks, hinges, seals, etc., and the relieved escort officer will obtain a receipt for “ . . . . . . . . carts in good order said to contain . . . . . . . coin to the value of Rs. . . . . . . . . . in . . . . . . . . bags “ or for “ . . . . . . . . boxes (or sealed wagons) in good order, said to contain . . . . . coin and/or notes to the value of Rs. . . . . . . .”. When the remittance reaches the addressee, the latter will count the bags and weigh the boxes, and give a receipt for “ . . . . . . . bags said to contain . . . . . . . . coin to the value of Rs. . . . .” or for “ . . . . . . . boxes of marks and weights detailed in the invoice said to contain . . . . . and/or notes to the value of Rs. . . . . “. If any box be of short weight or shows signs of having been tampered with, it should be opened in the presence of the escort officer; otherwise, he should be allowed to return at once.
(e) Double sentries should be placed at the treasure while halting on the march.
ESCORT OF TREASURY BY RAIL
809 (a) Before the treasure is loaded in the brake van or a separate van, the officer-in-charge of the escort should examine the van and ensure that it is secure in every way. If any defects are found, he should immediately bring the matter to the notice of the Railway Station Master and, if they are not remedied or another secure van is not provided, he should decline to load the treasure reporting the grounds therefor to his superiors.
(c) When treasure is loaded for despatch by rail, the doors on one side of the van/brake van shall, if possible, be secured from inside and all doors that can be opened from outside should be locked with good padlocks.
(d) Police guards escorting treasure to the railway station and protecting the loading, and guards escorting treasure by rail should be of the strength as laid down in order 802.
(e) The Station Master will give the Officer Commanding the guard, a paper notifying that he is in charge of the treasure loaded in so many vans.
(f) The treasure must be deposited in the van in the presence of the whole guard, after which the van shall be locked on both sides. The guard will be furnished with an extra padlock of good quality for each door to be used in addition to any lock furnished by the railway. If the van be secured by double locks, one key should be held by the shroff and the other by the escort officer. If there be only one lock, the key should be held by the shroff but the escort officer is responsible for not allowing the van to be opened before arrival at destination save in the case of a breakdown, when the treasure must be moved to another van in his presence. In the case of remittances sent without shroffs, single locks should be used and the keys entrusted to the escort officer in a sealed cover which he should not open except when absolutely necessary in the case of breakdown. If a breakdown separates treasure loaded in more vans than one, the officer-in-charge will divide his guard and make adequate arrangements to guard each part of the convoy attaching himself to the part where risk seems the greatest.
(g) If, for any reason, a box is smashed in transit, the contents should immediately be shroffed under the close surveillance of the escort by the shroff if he is present, otherwise, by the officer-in-charge of the escort and the contents carefully recorded on the invoice.
(h) During the railway journey, the escort will be accommodated in a compartment adjacent to the van carrying the treasure. The door of the compartment occupied by the escort should not be locked.
(i) When a van containing treasure is detached from the train for any reason, the Station Master or the guard in charge of the train will warm the police guard in charge of the treasure, in order that necessary arrangements may be made to guard it.
(j) The officer-in-charge of the guard shall, if he so requests, be provided with a lantern which will burn all night. He will cause a sentry to alight at every alternate stopping place and ascertain that the locks have not been tempered with. At every important railway station and at other stations where the train stops for any length of time, a constable sentry should be posted on the platform as also on the off-side close to the van carrying the treasure. If there be several such vans, it will suffice to post two sentries, one at each end of the vans on both the sides. The officer posting the sentries shall at the time examine the van or vans, carefully with the aid of a lantern, if necessary, and verify that everything is secure.
(k) As the guard is required to be constantly on duty, it should be relieved at suitable stations at intervals of about 12 hours. As far as possible, relieving stations should be at district headquarters. The most convenient course in regard to this should be adopted in each case and due notice for relief of escorts given to the officers concerned as required in order 822 and 858.
NOTE:- Order 858 shall be followed as in the case of the relief of inter-state escorts.
(l) An officer-in-charge of a relieving guard should see that the numbers of the vans agree with those given in the blank receipt, in the form given in clause (1) of this sub-order tendered for his signature, that the locks and all openings or ventilators are secure, that the seals are unbroken and bear no signs of having been tampered with and that the locked doors of the van cannot be opened. If the seals on a van are broken or bear signs of having been tampered with, or if a van has not been sealed, it is the duty of the escort officer to insist on the van being opened and the number of boxes counted before he gives a receipt for the consignment. In such cases, the fact of the van having been opened and the number of boxes counted should be endorsed on receipt.
(m) The officer-in-charge of the escort will, on delivering the boxes at the treasury to which they are addressed, obtain a receipt for “ . . . . . . . . bags said to contain coin to the value of Rs. . . . . . “ or, for “ . . . . . . . . . boxes with marks and weights detailed in the invoice said to contain coin and/or notes to the value of Rs. . . . . . “. If any box be of short weight or shows signs of having been tampered with, it should be opened in the presence of the escort officer; otherwise, he should be allowed to return at once. The form of receipt to be used by a relieving guard should run thus:
“ Received charge from . . . . . . . . . . Police Officer of . . . . . . district of railway wagon No. . . . said to contain . . . . . . boxes aggregating Rs. . . . . (and so on for each wagon). The wagons are duly locked and sealed, and one key for each made over . . . . receipt to be given by other relieving guards are also acknowledged”.
NOTE:- The number and contents of each wagon should be detailed in case of a breakdown..
(n) Whenever any breach of these instructions occurs, the officer-in-charge of the guard must insist on the treasure van being detached from the train, and should immediately communicate the facts to the remitting officer by the quickest means available to his own departmental superior, and to the Traffic Manager of the Railway.
INSTRUCTIONS TO BE GIVEN TO ESCORT OFFICER
810. The attention of the officer-in-charge of the escort will be drawn by the Treasury Officer despatching the consignment to the memorandum of instructions on the subject.
811. The Treasury officer jointly with the police officer who is to travel in charge, should superintend personally or by substitute, the loading of the vans, and should hand to the police officer a memorandum of instructions, as shown below and as many blank receipts as there will be reliefs. The Treasury Officer will take a receipt for these documents. The memorandum of instructions should be handed over on relief to the relieving officer.
MEMORANDUM OF INSTRUCTIONS TO BE GIVEN TO THE POLICE OFFICER IN CHARGE OF A REMITTANCE BY RAIL INSTRUCTIONS :
812. The police officer taking charge of a treasure guard travelling by rail will not see the treasure packed at the treasure; but he will see the boxes weighed, and satisfy himself that each box is properly secured before it is transferred to the van, and that it is properly placed therein.
813. The guard should be accommodated in a compartment nearest the van carrying the treasure and the doors of the compartment occupied by the guard should never be locked.
814. The escort officer will inform the receiving officer by the quickest means the number of the train conveying the remittance and its hour of departure and will also inform again en route, if any change in the train has been made or anything has occurred to delay its arrival.
815. An officer relieving such a guard will see that the numbers of the vans agree with those given in the blank receipt tendered for his signature, that the locks are secure, that the seals are unbroken and bear no sign of having been tampered with, and that the locked doors of the van cannot be opened.
816. The officer-in-charge of such a guard should be provided with a lantern which will burn all night, and should cause a sentry to alight at every alternate stopping place and ascertain that the locks have not been tampered with. During any long stoppage, a guard must remain on duty by the doors of the treasure van on either side; if there be several such vans, it will suffice to tell off two men who may stand, one at each end of the vans on each side.
817. In case of a breakdown, separating a convoy, the officer-in-charge should separate his party attaching himself to the disabled portion.
818. On delivering the boxes at the treasury to which they are addressed, he will obtain a receipt for . . . . . . bags said to contain . . . . . . coin to the value of Rs. . . . . . . or . . . . . . for . . . . . . boxes, with marks and weights detailed in the invoice said to contain coin or notes to the value of Rs. . . . . . . . . If any box be of short weight or show signs of having been tampered with, it should be opened in the presence of the escort officer; otherwise, he should be allowed to return at once.
The form of receipt to be used by a relieving guard should run thus:-
“ Received charge from . . . . . . . Police Officer of district of railway wagon
No. . . . . said to contain . . . . . boxes . . . . . aggregating Rs. . . . . . van No. . . . . . said to contain . . . . . . . boxes aggregating Rs. . . . . . . (and so on) for each van. The vans are duly locked and sealed and one key for each made over”.
The relieving guard should also acknowledge the receipt of any unsigned receipt forms handed over by the relieved guard for use when subsequent relieving guards have to give receipts. The number and contents of each van should be detailed in case of a breakdown.
NOTE:- If the seals in a van are broken or bear signs of being tampered with or if the van has not been sealed, it is the duty of the relieving escort officer to insist on the vans being opened and the number of boxes counted before he gives a receipt to the relieved officer. In such cases, the fact of the van having been opened and the number of boxes counted should be endorsed on the receipt.
819. The escort officer will present the command certificate for examination to the remitting treasury or bank officer before the remittance is handed over to him. He should also present it for examination to the treasury or bank officer taking charge of the treasure. The latter will satisfy himself that he is taking over the treasure from the officer named in the command certificate and will at the same time check the strength of the escort with that stated in the command certificate noting any difference that he may find. When all is correct, he will merely sign the command certificate.
820. Whenever any breach of these instruction occurs, the officer-in-charge of the guard must insist on the treasure van being detached from the train, and should immediately communicate the facts, by the quickest means to the remitting officer, to his own departmental superior and to the Traffic Manager of the Railway.
821. When a shroff accompanies a remittance he is responsible during the whole course of the journey for the contents of the boxes and the police guard acts as an escort. The shroff will not interfere in any way in the performance by escort of its legitimate duties but he must be permitted to satisfy himself that all necessary precautions are being taken. In the event of damage occurring to a box, it is the duty of the shroff to take over any coin that may fall out and to verify the contents and repack the box, if repacking becomes necessary. The escort officer must not permit the shroff to be interfered with in the execution of his duties.
822 The escort officer when starting with the remittance by rail, shall inform his relieving officer by the quickest means the probable time of his arrival at the relief station.
823. When the remittance consists of currency notes only, small packets of notes shall be carried by the shroff or a servant of the Postal Department, as the case may be, accompanying the escort.
NOTE:- When remittance consisting of currency notes are entrusted to a shroff or a servant of the Postal Department, the police forming the escort will be responsible for the safety of the departmental official and not for the notes being of the correct value.
PROVIDING POLICE ESCORT AND TRANSPORT TO GOVERNMENT DEPARTMENTS, BANKING INSTITUATIONS, PRIVATE BODIES.
825. Police escorts may ordinarily be provided for a short duration, subject to the availability of staff and sufficient prior notice, to the government departments including the Departments of the Central Government, industrial concerns, Banking institutions, and private bodies or individuals, on payment of the prescribed fees and charges, for escorting cash or treasure in transit from one place to another.
POSTAL REMITTANCES – ESCORTS FOR
826. Police escorts should, on requisition by the postal authorities, be furnished for postal remittances which exceeds Rs.10,000 in value, or which are to be conveyed over roads the safety of which the local police are unable to assure.
827. The following principles will be adopted for the recovery of charges from the Postal Department for police escorts supplied to it :
a) No charges will be claimed from the Postal Department for men who can combine the work of escorting a postal remittance with other work which they would be ordinarily performing.
b) Full charges as calculated under order 764 for private guards will be claimed in respect of daily escorts on which one or more men have to be exclusively employed.
c) (I) As regards escorts which occur at more or less regular intervals, but not so frequently as to necessitate a special addition to the staff only the travelling and other incidental expenses incurred by the escorts will be claimed.
When recurring periodical escorts monopolise the services of a policemen for ten or more days during a month, additional staff will be engaged and charged for as in sub-order (b).
828. The scale of escort to be provided will be as laid down in orders 802 and 805.
829. Fees for providing police escorts will be charged at the rates prescribed by the Government from time to time.
NOTE:-
(a) A part of a day shall be reckoned as a day for the purpose of calculation of charges, and the charges for the whole day recovered.
(b) The charges will apply to escort of remittances into or from the currency chests held in the custody of the branches of the Agency Banks or the treasuries and sub-treasuries acting as the agencies of the Reserve Bank of India on account of either replenishment or accumulations of soiled notes. The charges will be collected from the Issue Department of Reserve Bank of India.
(c) If the members of the police escorts are eligible for T.A. under the K.C.S.R., for their journeys in connection with the escort of cash or treasure, the amount of T.A. admissible shall also be paid by the parties availing of the police escorts.
830. The parties requisitioning the police escorts, shall send their requisitions to the Superintendents of Police of the district or the unit officers concerned at least 8 days in advance in the case of private bodies or individuals including institutions and industrial concerns and at least 3 days in advance in case of government departments.
831. The government departments, private bodies or individuals, including industrial concerns and Banking institutions requisitioning the police escorts will ordinarily make their own arrangements for transport. However, when it is necessary to use the police vehicles, such vehicles may be provided on hire basis, subject to the availability of police transport and sufficient prior notice.
NOTE:- For calculating hire charges, the distance covered shall be reckoned from the police garage and back to that garage.
832. The hire charges for providing Police Transport will be as prescribed by the Government by time to time.
833. The party requisitioning the police escorts shall invariably depute a cashier or other responsible person on its behalf, to be in charge of cash or treasure, and the police escorts shall not be in any way responsible for the correctness of cash or treasure purported to be under escort.
834. Where the government departments or private bodies or individuals make their own arrangements for transport, the vehicles should be such as to ensure safety in transit.
835. If the parties concerned provide their transport, they shall also provide vehicles for transporting the police escorts from their headquarters station and back.
836. The police escorts will not be provided in the following circumstances:-
(a) If the fees and the charge prescribed in orders 829 and/or 832 are not paid in
advance, wherever necessary.
(b) If, for any unforeseen occurrence of incidents or circumstances which may not
allow the personnel of the escort party to attend to the escort duty.
837. The fees and other charges if received in advance from non-government bodies and institutions, etc., may be refunded to the parties concerned in the following circumstances only:-
(a) If the escort parties are not made available due to non-availability of staff or
for any other administrative reasons.
(b) If the parties concerned give notice three days in advance of the appointed
date for cancellation of the escort.
838. Except as provided in order 837, the amount received in the form of fees and other charges, for providing police escorts and police transport, shall not be refunded to the non-government bodies and institutions.
839. All fees and other charges recovered under these orders, shall be credited to the Government under the Revenue Head “XIX – Police 6. Police supplied to public departments, private companies and persons”.
ESCORT OF ARMS AND AMMUNITION
840. All consignments of arms and ammunition should be sent or taken delivery of under police escort. The scale of escorts by rail will be as under:-
H.C P.C
(i) No. of arms upto 50 . . - 2
51 to 100 . . 1 2
101 and above . . 1 3
(ii) Ammunition
upto 5,000 rounds . . - 2
over 5,000 rounds. 1 2
This scale should be increased if the internal security situation demands it. The same scale may be adopted for escort by road also, but it should be varied, if necessary, according to local conditions.
841. Arsenal authorities will issue the packages intended for each consignee and furnish in time the following particulars to the police officers concerned:-
(a) the date on which the consignments will be ready for delivery;
(b) designation of the officer for whom the consignment is intended;
(c) number of arms to be issued to each officer;
(d) quantity of ammunition to be issued to each officer; and
(e) other instructions, if any.
842. On receipt of intimation from Ordnance Depots that the stores are ready for collection, immediate arrangements should be made to depute necessary escorts on the prescribed scale to take delivery of the consignments from the Arsenals. A separate escort party should be sent to each arsenal.
843. At least 24 hours notice of the date of arrival of escorts should be given to Chief Ordnance Officers so that arrangements may be made for the transport of consignments at the other end.
844. The packages are booked by Chief Ordnance Officers ‘Freight to pay’. As soon as the stores reach the destinations, the officers concerned should arrange for the payment of railway freight charges by drawing the required amount on a contingent bill, or by the issue of credit notes, as the case may be. The railway receipts will be the necessary vouchers, required for the bill. The expenditure should be debited to the appropriate head of account.
845. On receipt of the articles, the officers will check them and bring deficiencies, if any, to the notice of the Chief Ordnance Officer. The priced arsenal vouchers which will be received by the officers from arsenals should be duly countersigned and returned without any delay, if the articles are correctly received.
846. The following particulars should be furnished in the case of all indents for arms and ammunition on the Ordnance Depots:-
(i) Consignment instruction, the designation of the officer and the railway station to which the articles should be booked, and
(ii) The designation and address of the officer to whom due intimation should be sent by the Ordnance Depot for detailing police escorts to collect the stores ready for issue in cases where the provision of an escort is necessary.
847. A memorandum of instructions in the form given in order 857 as many blank receipts as there will be reliefs will be handed over to the escort officer when he is detailed for escort.
848. The escort officer will be provided by the consignor with a list of packages showing their serial numbers and connected voucher numbers. This list will be handed over to the consignee to enable a check to be made that all packages have been delivered.
849. The stores will be loaded in sealed wagons of a goods train or in the brake-van of a passenger train or may be kept in the personal custody of the escort in the compartment in which the escort is travelling depending on the quantity and nature of the stores to be escorted.
850. Before the stores are loaded in a van/wagon the officer-in-charge of the escort should examine the van/wagon and see that it is secure in every way. If any defects are found, he should immediately bring the matter to the notice of the railway Station Master and if they are not remedied or another secure van is not provided, he should decline to load the stores reporting the grounds therefor to his superiors.
851. The stores must be deposited in the van/wagon and the van/wagon padlocked and sealed by the railway authorities in the presence of the whole guard. If, for any reason, the stores have to be loaded in more than one wagon, the officer-in-charge should divide his guard and make adequate arrangements to guard each part of the convoy.
852. During the railway journey, the escort will be accommodated in a van attached to the sealed wagon in which the stores are loaded. On occasions, the consignment may have to be loaded in the brake van and it may not be possible to accommodate the escort in a compartment alongside, or the wagon may have to be attached next to the brake van but the escort of the vehicle cannot, for operating reasons, be accommodated next to it. In such cases, a sentry will, after obtaining the Guard’s permission, travel in the Guard’s compartment. In any case, the escort should always be near enough to the consignment to prevent any possibility of tampering with it.
853. When the consignment is in an unsealed compartment, the sentry or sentries on duty will invariably travel in the same compartment.
854. A strict watch must be kept for fire and should an outbreak of fire occur, the alarm must be raised at once. If necessary, the wagon(s) will be detached and isolated from the rest of the train. Should a fire break out in wagon(s) which is/are being escorted, the escort officer will open the wagons in the presence of the railway officials or if en route, in the presence of the train guard. He will make a note of the articles destroyed or damaged by fire on the list provided by the consignor, and he will, as far as possible, obtain the signature of the railway officials/train guard against such entries.
855. All escorts should apprise the guard of the train in which they are travelling and advise him also of the wagon or wagons for which they are providing escort. This will ensure that, in the event of anything unforeseen happening which necessitates the cutting off of one of the wagons in question, they may be immediately informed and so enabled to take suitable action to safeguard the consignment.
856. If, for any unavoidable reason, it is necessary to detach a wagon over which an escort has been placed, the Station Master of the station at which the detaching takes place will issue a certificate to this effect stating reasons for detaching the wagon. The escort in such cases will detail guard for the detached wagon and ensure that the detached wagon is sealed irrespective of whether or not it is filled to capacity.
MEMORANDUM OF INSTRUCTIONS TO BE GIVEN TO THE POLICE OFFICER-IN-CHARGE OF THE ESCORT OF ARMS AND AMMUNITION BY RAIL.
857. Specimen orders to escort officers:-
Office . . . . . . . . . . . . . . .
Place . . . . . . . . . . . . . . .
Date . . . . . . . . . . . . . . .
To: (Insert name of Escort Officer)
(1) You will . . . . . . . will escort . . . . . . . . . . . . from . . . . . . . . . to . . . . . . . . . to . . . . . . . . . . . the following stores.
(2) Your tasks are :-
(a) to prevent interference with sealed wagons throughout the journey;
(b) to safeguard stores in brake-vans or in personal custody from pilferage or damage en route (delete (a) or (b) if not relevant), and
(c) to ensure that stores reach their destination as quickly as possible.
(3) (This paragraph will contain any special orders as to the property to be escorted).
(4) You will dispose your escort in the best manner possible for the protection of the stores entrusted to you.
(5) On arrival at the train, you will tell the guard of the coach in which you are travelling and ascertain from him which sealed wagon or wagons you are to prevent interference with. You will also advise him of any unsealed wagon or wagons for which you are responsible.
(6) In the event of it being found necessary to detach any of these wagons, you will obtain a certificate to this effect from the Station Master of the station at which the detaching has taken place and detail a guard for the detached wagon(s), if practicable; otherwise, ensure that the wagon(s), is/are sealed and report to the nearest Police (local) Officer for assistance.
(7) If, on your way, you think that the stores have been tampered with or damaged or that they are not being sent forward as quickly as they should, you will, in addition to doing all that you can to protect them, report the matter to the nearest Superintendent of Police.
(8) On arrival at . . . . . . . . . . . . . . . . . . you will:-
(a) ensure that the sealed wagon or wagons are unsealed in your presence by the competent railway authority;
(b) hand over any other stores to . . . . . . . together with the list of packages provided by the despatching authority. If there are any packages deficient, you will explain the discrepancies as far as possible and sign a written explanation, if called upon to do so.
Signature and Designation of the
Officer deputing the Escort.
RELIEF OF ESCORTS TO AND FROM THE STATE OF KARNATAKA (TREASURE AND PRISONERS)
858. The following procedure is laid down for the relief of escorts in charge of prisoners or treasure coming into or going out of the State of Karnataka:
(a) In all cases where relief of escorts is necessary, three days’ clear notice should be given by the despatching officer to the first relieving station in the neighbouring State. If a letter by post would not give three days’ clear notice, the requisition should be sent by wireless. Such notice or wireless requisition should invariably furnish the following information:-
(i) In the case of prisoners:-
(a) the number and class of prisoners;
(b) whether dangerous, ordinary, undertrail, famale, juvenile, etc.,:
(c) the strength of the escort to be relieved;
(d) whether demonstrations are likely to be made at stopping stations en -
route;
(e) the date and probable hour of arrival of the escort.
(ii) in the case of treasure:-
(a) the value of the treasure;
(b) whether in gold, silver, copper, nickel or currency notes;
(c) the number of vans in which treasure is loaded;
(d) the number of boxes in which the treasure is contained in each van;
(e) the strength of the escort to be relieved;
(f) the date and probable hour of arrival of the escort.
(b) On receipt of the information referred to in clause (a) above the Superintendent of the district concerned will put into force the escort rules of his own state, increase the strength of the escort in accordance with those rules and make any other arrangements he considers necessary.
(c) It should be clearly understood that reliefs for inter-state escorts must always be provided and never refused or withheld on the ground that the men cannot be spared.
(d) Whenever a prisoner wanted by another state is arrested in the districts, the police of the district effecting the arrest, should provide the necessary escort for taking such prisoner to the State where he is wanted without any charges being claimed by the state in which he is arrested, provided there is a reciprocal arrangement with the state concerned.
859. All State Governments/Union Territories, excepting the Government of West Bengal, have stated that they have no objection to such reciprocal arrangements, Government of West Bengal have intimated that they prefer the existing arrangement of escorting the prisoner up to the border of the state.
PAYMENT OF FARES OF POLICE ESCORTS OF PRISONERS OR TREASURE BY RAIL
860. Escorts for prisoner or treasure proceeding to any place in India outside the State of Karnataka should, at their starting stations, be provided with railway warrants upto the final destination. At the station where they are relieved, they will hand over the tickets to the relieving escort. Arrangements have been made with the railway authorities to permit this transfer of tickets.
861. In the case of escort of treasure, free travel given by the railway authorities should be availed of.
SCALE OF ORDERLIES
862. The following is the scale of orderlies prescribed :
Director General of Police/
Addl. Director General of police : 2 HCs and 4 PCs
Inspector General of Police : 1 HC and 3 PCs
Dy. Inspector General of Police : 1 HC and 2 PCs
Superintendent of Police and
Police officer of the Corresponding rank 3 PCs
Assistant/Dy. Superintendent
of Police and Police officer
of the corresponding rank : 2 PCs
Inspector, Reserve Inpector
And Police officer of the
Corresponding rank : 1 PC
These orderlies are to be taken from the armed units.
863. One of the orderlies given to superior police officers may be used as a driver.
ORDERLIES NOT TO BE EMPLOYED FOR SERVICE OF PROCESS
864. Orderlies should not except in cases of emergency, be required to serve summons and warrants.
ORDERLIES TO BE IN UNIFORM
865. Orderlies can be either in Uniform or Mufty, depending on the nature of their work. But they must always keep their uniforms ready for any emergency.
ORDERLIES TO ATTEND DRILL AND KIT INSPECTION
866. Orderlies should attend drill at least once a month and also present themselves for the kit inspections by the superior officers.