Chapter 5



POWERS AND DUTIES OF SUPERIOR POLICE OFFICERS

DIRECTOR GENERAL OF POLICE 

 

103.      The Director General and Inspector General of Police is the  head of the Police Department in whom is vested the administration of the Police throughout the State.  He is the adviser to Government in all matters relating to the administration of the Police force.  He is responsible to Government for the internal economy, equipment, training and discipline of the force, for its efficient organisation as a means  of preventing and detecting crime and maintaining law and order and for the efficient discharge of duties by officers of all ranks.  It is therefore, his duty to decide or advise the Government  on all spheres of police administration and on the state of crime and all activities having a bearing on law and order.

 

104.      Subject to approval of  the Government, he may from time to time frame such orders not inconsistent with the Karnataka Police Act, as he shall deem expedient, relating to the general administration and distribution of the force, the places of residence, the inspection of units, the collection and communication of intelligence, modernisation and such other matters with a view to keeping the force efficient in the discharge of all its duties.

 

105.      He is the central authority to direct operations necessitated by strikes, industrial disputes, riots, disorders or political movements spread over a wide area.  Police action and dispositions necessary to combat such disturbances or movements will be under his general direction and control.  In times of serious law and order problems he may deploy the reserve police to such areas as he deems necessary.

106.      The Director General of Police will convene a conference of other Director General of Police, Commissioners of Police, Addl. Directors General of  Police, Inspectors General of Police, Deputy Inspectors General of Police, Superintendents of Police, Addl. Superintendents of Police, annually and at such other time as may be considered necessary to discuss and review the various problems of the Police Administration with special reference to the crime and Law and Order situation in the State.

 

107.   The Director General of Police is empowered to make Rules and  Orders  under Section 21 of the Karnataka  Police Act 1963.  Important Orders and Rules involving radical changes may be issued by the Director General and Inspector General of Police with the prior approval of the Government.

 

108.      The Director General of Police will send in advance copies of his tour programme to the Chief Minister, Home Minister, Chief Secretary and Home Secretary.  Copies will also be sent to the Commissioners of Police, Directors General of Police, Addl. Directors General of Police, Inspectors General of Police, Dy. Inspectors General of Police, Superintendents of Police, Addl. Superintendents of Police and other Unit Officers in the department as well as to the concerned M.Ps,  MLAs and MLCs.

 

109.      The Director General of Police will send to the Government by the fifth of the following month a monthly tour journal in Form No.8.

ADDITIONAL DIRECTORS GENERAL OF POLICE         

 

110.            Government may appoint from time to time Addl. Directors General of Police to assist the Director General of Police in looking after Administration, law and order, Crime, Technical and Specialised Services in the Department.  Their functions, powers and responsibilities will be laid down in the form of Standing Orders whenever such posts are created.

INSPECTOR GENERAL OF POLICE

 

111.      The Government may appoint from time to time Inspectors General of Police either in the Ranges or in other units to assist the Director General of Police or the Addl. Director General of Police in the Administration of matters of the Police Department which come within the purview of the Units of the Department, placed under their charge.  They may exercise all the administrative and financial powers delegated to the head of the department.  They shall inspect all the units under their charge in accordance with the scale of inspections prescribed by the Director General of Police.  Whenever they go on tour within the Jurisdiction they shall send in advance the copies of their tour programme to the Addl. Director General of Police and Director General of Police and to the concerned Police officers.

INSPECTOR GENERAL OF POLICE IN-CHARGE OF RANGES

 

112.      The Inspector General of Police in charge of a Range is a link in the chain of responsibility between the Director General of Police and the District Officer.  He shall by regular personal inspection endeavor to establish and maintain efficiency and discipline ensure uniformity of procedure and practice, and secure co-operation between the Police of his several districts.  He shall control, instruct and advise Superintendents of Police while being careful not to supersede them in any of their legitimate functions.  He will advise,  and if necessary supersede Superintendents of Police in times of grave disorder, taking over full control of the situation.  He will pay particular attention to the training of and the discipline in the Armed Reserves so that as high a standard of efficiency as possible may be reached and maintained.  It shall also be his duty to instruct the Officers under him regarding man-management and propriety in their conduct and performance of duties.

113.      The Inspector General of Police of the Range shall pay special attention to the training of probationary Assistant Superintendents of Police and Deputy Superintendents of Police serving in his range.

114.      The Inspector General of Police is responsible for the maintenance of strict discipline among officers of all ranks.  He should be kept promptly informed of all serious cases of misconduct among officers occurring in his range.  He is responsible for guiding and directing the efforts of Superintendents of Police in dealing with such cases, for scrutinising their reports and for making personal enquiries in cases where exigencies of the matter so demand.

 

115.      The Inspector General of Police has a large measure of administrative control within his range.  His powers in the matters of appointments, postings, leave, rewards, punishments and appeals are detailed in the appropriate chapters of this Manual and in the statutory rules notified by the Government.   He can exercise the financial and administrative powers of a head of department mentioned in the K.S.C.Rs.

 

116.      The Inspector General of Police shall be easily accessible to all members of the public.  He shall hear their grievances and do his best to redress them.  He shall meet the members of the public at convenient centers in various taluks, and take steps to improve police-public relations.  He will ensure the implementation of the mass - contact  programme as per the Standing  Order.   (Appendix -XI).

 

117.      A District wherein an officer is acting for the first time as Superintendent of Police should be visited as soon as possible after the latter has settled down.  The Districts in charge of junior officers should be visited twice or even more frequently during a year.

 

118.            Whenever an Inspector General of Police in charge of a range visits a district headquarters, he shall make it a point to see all superior Police Officers who are still on probation so that he can assess the progress of their training and check the work done by them.

 

119.      It is the duty of the Inspector General of Police to ensure that steps are taken for the prevention of crime and particularly, adequate arrangements are made for dealing with any unusual outbreak of crimes.  It is also his duty to exercise constant  supervision over the course of investigation of cases and ensure that Superior officers take adequate part therein.  He shall closely watch the investigation of complicated and important cases.  For this purpose he shall, on receipt of the GCR in Form No.9 in such cases, invariably call for progress reports in Form No.10 and prescribe the intervals at which some reports should be sent.  He will forward to the Director  General of  Police reports in such heinous cases which require the attention of the  Director General.

 

120.   He shall aid and control his Superintendents of Police in the investigation of important cases and the Superintendent of Police should be able to rely on him for encouragement, instructions and advice.

 

121.      The Crime  Digest in Form No.11 shall be maintained by every Inspector General of Police of the Range.  He will make entries in it of all heinous crimes occurring in his jurisdiction.  Entries in the Crime Digest will be made for each sub-division in a district in chronological order in which information of heinous crimes is received.  Brief details of the case, the number and names of the accused, property lost and recovered, progress of investigation, result of the case in court including the result of revision or appeal, should be entered in column 11 and 12.

 

122.      Every Inspector General of Police in charge of a Range should send copies of his tour programme to the Director General of Police, the Addl. Director General of Police, Law and Order and to the Superintendents of Police under him.  He will also forward to the Director General of Police and Addl. Director General of Police, Law and Order by the 5th of each month a report in Form No.12 showing the details of his touring and inspections done during the previous month.

 

123.      The Inspector General of Police shall not issue any fresh circular orders regarding policy matters or prescribe any returns or forms to be prepared or submitted by Superintendents of Police in his range without the prior approval of the Director General of Police.  However, he may issue circular orders for effective administration of law and order problems without contravening any orders in force issued by the higher authorities.

DEPUTY INSPECTORS GENERAL IN-CHARGE OF SPECIAL UNITS

 

124.      The Deputy Inspectors General in charge of special units shall assist the Director General or the Additional Director General or the Inspector General, as the case may be, in the efficient discharge of all the  duties which come within the purview of their jurisdiction.  The general powers, duties and responsibilities of the Deputy Inspectors General of Police mentioned in order 9 to 110 are applicable to the Deputy Inspectors General of Police incharge of  Special Units also.

DISTRICT MAGISTRATE  :

 

125.      For the purpose of efficiency in the general administration of the District it shall be lawful for the District Magistrate to co-ordinate the functioning of the Police with other Agencies of the district administration in respect of the following  :- 

a)  In matters relating to the promotion of land reforms and the settlement of     

     land disputes.

b)  In matters relating to the extensive disturbances of the public peace and

     tranquility in the district;

c)  In matters relating to the conduct of elections to  any public body;

d)  In matters relating to the handling of natural calamities, and the    

      rehabilitation of the persons affected thereby;

e)  In matters relating to situations arising out of any external aggression;

f)  In any similar matter not within the purview of any one department,        

    and affecting the general welfare of the people of the district.

        

          For the purposes of such co-ordination the District Magistrate may call for information of a general and special nature, as and when required, from the Police or any other agency connected with the general administration of the district.

126.      The District Magistrate shall not interfere in questions of recruitment, transfer, internal economy, organisation and with the administrative, disciplinary and other details of the force.  The District Magistrate, when exercising his powers, shall also refrain from any action likely to weaken the authority of the Superintendent of Police. The Relationship between the District Magistrate and the Superintendent of Police should be that of two colleagues working to a common end.

 

127.      The Superintendent of Police shall co-operate with the District  Magistrate for the  purpose of co-ordination as specified above. Utmost harmony, co-ordination and co-operation of the two functionaries alone can secure the maintenance of public peace in the district.   The maintenance of personal contact by meetings, consultations and joint tours, whenever possible, between the District Magistrate and the Superintendent of Police will contribute the most to the fulfillment of  their joint function of preserving law and order. 

 

128.      For the purpose of orders 125 and 126 “Co-ordination” means to combine, or integrate harmoniously.

SUPERINTENDENT OF POLICE   :   

129.      The administration of the Police throughout a district or part thereof, shall be fully vested in the superintendent of Police.  His work is of  varied nature and in doing it, he should keep in view the following essential requirements  :-

 a) to keep the district peaceful and the public satisfied with the security afforded to persons and property;

b)  to keep the force under control, in good discipline, well-trained, efficient and contented;

c) to maintain cordial relations with the magistracy and other officials and

    non-officials;

d)  to ensure that the transport, arms and ammunition, stores and buildings

     belonging to the department are maintained in good condition ;

e)  to promote good police-public relations;

f)  to organise good intelligence arrangements;

g)  to acquire full and detailed knowledge of the district and its current    

     problems from the Police point of view;

h) to participate, to the extent possible and permissible, in welfare activities              

    sponsored by official and non-official agencies;

      i)  to gain the confidence and loyalty of sub-ordinates   by personal integrity,                      
          impartiality, devotion to duty, and a high sense of justice;

      j) to ensure by consistent supervision that the prevention, investigation and 

         detection  of crime in his district are   properly and efficiently dealt with by     

         the force under  his command;

k) to get to know all officers and men serving under him, redress their       

    grievances, if any, encourage those who are promising and effectively deal 

    with those who are   guilty of misconduct or remiss in the discharge of      

    duty;

l)  to ensure the honesty and integrity of his subordinate officers;

m) to study crimes and criminals in his district as a whole; and

n) to pay surprise visits to the police stations at irregular intervals and check        

    up whether officers and men are alert.

 

130.      The Superintendent of  Police should consider it a part of his duty, as far as possible, to give the Sub-Divisional Officers the benefit of his personal guidance and instruction, whenever necessary. A Sub-division, wherein an officer is acting for the first time as sub-divisional Police Officer, should be visited as soon as possible after the latter has settled down.  The sub-divisions in-charge of junior officers should be visited frequently.

131.             Superintendent of Police shall give the Inspector General Police of the Range all assistance in his inspections and inquiries and consult him in all his difficulties.

132.      Every Superintendent of Police shall visit sick policemen in hospitals regularly at least once a week.  It is desirable that every policemen should feel that his superior takes interest in his welfare, and such visits are aimed at ensuing proper attention being paid to men by the hospital staff.

133.      When in headquarters the Superintendent of Police shall attend office on all working days and shall ordinarily transact all official business in his office.   He may however dispose of confidential matters in his home-office.  He shall be easily accessible to officials and members of the public generally.

134.      The Superintendent of Police shall make necessary arrangements for the transaction  of all urgent and important work during the period of casual leave availed of by him or by any of his sub-Divisional Officers.    

135.      The Superintendent of Police shall take steps to ensure that the prosecuting and investigating officers show due interest in the prosecution of cases in court and that no case fails on account of apathy or neglect. 

136.      The Superintendent of Police should be fully informed of all activities in his districts that have a bearing on law and order and he must take precautions to ensure that such activities do not result in breach of peace.  He should also require his subordinates to keep him fully informed of all the developments and he should use his District Special Branch staff to secure information in regard to such developments.

137.      The Superintendent of Police is personally responsible to  prevent problems arising out of communal tensions and to take prompt action whenever there is any communal problem .  He will act in close liaison with District Magistrate to maintain law and order, to restore communal amity and to bring offenders to justice speedily.

138.      The Superintendent of Police may withdraw subordinate Police Officers temporarily from any of the Police Stations in  his district for duty in other Police Stations in the same district at which extra force is required to deal with an emergency or to make arrangements in connection with fairs, festivals, meetings, processions or the visit of VIPs.

139.      The Superintendent of Police is responsible for ensuring that his assistants and deputies work efficiently, and it is his duty to bring to the notice of the Range Inspector General of Police and the Director General of Police, any defects of character or temperament or want  of  zeal, which detract them  from their utility as Police Officers.  The Superintendent of Police may require from an Assistant or Deputy Superintendent of Police, who fails to secure his confidence, any reports or restrict him to any duty, which he sees fit, reporting the matter to the Inspector General of Police, Addl. Director General of Police  and Director General of Police                

140.      He will pay special attention to the training of Sub-Inspectors posted for practical training in his district.            

141.      The Superintendent of  Police should deal with crime as a whole, studying the criminal problems of districts, rather than merely visiting individual scenes of offences, a duty which more properly falls upon the Sub-Divisional Police Officers and other subordinates who have the main responsibility to ensure that investigations are conducted in the manner prescribed.

142.      The Superintendent of Police should visit the scene of offences and supervise the investigation of crime falling under the heads given below and pay special attention to the more important cases :-

 

a)      Dacoity ;

b)      Highway robbery ;

c)      Murder ;

d)      Culpable Homicide not amounting to murder ;

e)      H.B. and theft of a sensational nature ;

f)       Any disturbances, riot, or affray of heinous nature ;

g)      Theft of a sensational nature ;

h)      Case of counterfeit coins and currency notes;

i)        Offences under section 400 and 401 IPC;

j)        Conspiracy case;

k)      Any case of specially heinous nature.

 

143.      The Superintendent of Police should himself enquire into all the cases of alleged extortion or bribery against Police Officers or if he is unable to do so, have them inquired into by the Addl. Superintendent of Police or the Sub-Divisional Police Officer.

144.      The Superintendent of Police should immediately visit the scenes and enquire personally into serious occurrences endangering life and property such as heavy floods, train or boat disasters and fires which involve heavy loss of life or property.

145.      The Superintendent of Police should conduct a monthly conference of all the senior Assistant Public Prosecutors and Additional Directors of Prosecutions in the District where progress of the pending trial cases before the courts and disposal of cases should be discussed. Whenever trial of any important or sensational case is in progress the Superintendent of Police should make it a point to attend the courts to watch the progress.

146.      The Superintendent of  Police should select by rotation every year one Police Station for intensive supervision with a view to developing it as a “MODEL POLICE STATION”.  The Police Station selected need not necessarily be in his headquarters, but the Superintendent should regularly visit the Police Station so selected and give the officers the benefit of his experience and knowledge in the proper and efficient working of the Police Station.

147.      The Sperintendent of  Police should tour all parts of his district, remaining longer in the troublesome localities.  In addition to inspecting the police stations, he should visit villages and make himself acquainted with the members of the Village Defence Parties, Citizens Committees, Village officials and principal inhabitants, endeavoring to gain their confidence and co-operation and at the same time ascertaining the state of crime and enquiring into the work of his subordinates.

148.      He should take special steps to improve the rapport between the police and the public by holding conferences of important and influential members of the public at convenient centres.  He should take the assistance of District and Taluk level integration Committees with a view to promoting peace and understanding among different communities.  He will ensure that the services of Citizens Committees constituted by Station House Officers are utilised for prevention of crime and maintenance of law and order.  He will also meet the members of weaker section and hear their grievances and take steps to redress them.  He should satisfy himself by public contact that his subordinates are doing their duties faithfully and with integrity.  His tours should not be rushed but so regulated that he becomes acquainted with the conditions in all important villages.  During  his visits to villages, he should also make enquiries about the current activities of the known criminals.

149.      The Superintendents should attend the District Armed reserve Parade at least once a week.  Similarly, orderly room should be held at least once a month.  He should hold kit inspection for the District Armed Reserve men during the annual inspection.  He should hear the grievances of men and also review Welfare and Sports activities.

 

150.    The Superintendent of Police should maintain a diary in Form No.13.  The diary should contain details of all the movements and every type of duty performed by him whether of a routine nature or otherwise and whether in headquarters or on tour.  Police Motor Transport should be given personal attention by the Superintendent of Police, who should inspect all Motor Vehicles at least once in a month to ensure timely repairs and maintenance.

 

151.      The Superintendent of  Police will send a monthly report in Form No.13 which is a true copy of the diary maintained as per Order 136. Two copies of the monthly report should be made out with an abstract in From No.14, and one copy submitted to the Director General of Police through the  Inspector General of Police along with a forwarding note in Form No.15.  The Second copy together with a copy of the forwarding note and abstract should be sent to the Inspector General of Police of the range.

 

152.      Copies of the monthly reports of the Superintendents of Police should be sent to the concerned officers in the name cover with the superscription ‘Monthly Report’ and they should be opened only by the addressee and none else on his behalf.

 

REPORTING OF HEINOUS CASES :

 

153.      The Superintendent of Police, should inform the Range Inspector General of Police, Director General of Police, C.OD., Training, Special Units and Economic Offences, Director General and Inspector General of Police by teleprinter or Wireless message, as soon as he comes to know of the occurrence of any crime of heinous nature.  In the case of the Commissionerate the Deputy Commissioners of Police will inform the Commissioners of Police.  The following constitute offences of a heinous nature :-

1)      Dacoity ;

2)      Highway robbery ;

3)      Murder ;

4)      Culpable homicide ;

5)      H.B. and theft of articles valued above Rs. 25,000/- ;

6)      Theft of articles valued above Rs.50,000/- ;

7)      Communal rioting

8)      Disturbances, riot or affray specially grave in nature ;

 

NOTE :- (Any rioting involving death of any person or persons or injuries to

                a number of persons will come under this category

 

9)      Disturbance involving the use of firearms ;

10)   Case in which fire is opened by a Government Servant ;

11)   Case of manufacture of counterfeit currency notes and coins ;

12)   Case of possessing of bombs or manufacturing or use of bombs or explosives even though non-political in character ;

13)    Poisoning cases involving loss of human life

14)   Abduction or kidnapping of women and children in an organised manner ;

15)   Assault on the police, except where it is of a very trivial nature;

16)   Case of death or grievous injury alleged to have been caused by a police officer whether in his public or private capacity or to have occurred to any persons (including suicide) while in police custody, or alleged police torture ;

17)   Fast, Bundh, Hartal, Satyagraha or strike of any kind and agrarian trouble;

18)   Serious fire accident involving loss of property worth Rs.10,000/- and above or involving loss of human life or both ;

19)   Serious accident or natural calamity including floods and earth-quakes in which loss of human lives or serious damage to property are involved.

20)   Railway accident except where it is trivial ;

21)   Road accidents involving loss of human life ;

22)   Rape ;

23)   Dowry death Offence ;

24)   Offences under SC/ST (Prevention of Atrocities) Act/PCR Act ;

           

154.      The Wireless or Teleprinter message/Express report should contain brief facts of the case including the name of the complainant, date, time and place of occurrence, name of the accused, if known, nature of the offence, name of the Police Station, crime No. and section of law.  Separate messages should be sent in each case.

 

155.            Immediately after sending the express report and in any case within 8 days, the  Superintendent of Police shall send a detailed report in the above cases, giving the full facts of the offence and the action taken by the Police direct to the Director General of Police copies being sent to the Director General of Police, COD, Training,  Special Units and Economic Offences and Range Inspector General of Police as the case may be.  These reports should be in narrative form and should invariably contain reference to the Wireless/Teleprinter message or express report and information about the name of the Police Station, Crime No. Section of Law, Date, time and place of offence and facts of the case.

 

156.      After sending the detailed reports, fortnightly progress reports should be submitted by the Superintendent of Police to the Range Inspector General of Police and the Director General of Police till the investigation is completed and the final report is sent.  When the case is charge sheeted, progress reports be sent once in two months till the case is finally disposed of by the Court.  If any important detail not mentioned in the earlier reports comes to the notice before the next fortnightly or bi-monthly progress report is due, it should be reported then and there.

 

157.            Whenever the police open fire either to suppress a riot or in self-defence, the Superintendent of Police should send wireless/teleprinter message or express report to the Inspector General of the Range and the Director General of Police.  A copy of the inquiry report should be sent to the Director General of Police and the Government.

 

158. A meeting of all Inspectors of the District and of those Sub-Inspectors whose presence the Superintendent of Police requires shall be held every month at a time and place to be decided  upon by the Superintendent of Police to exchange information and discuss matters connected with the Police Administration of the Districts, Railway Police Inspectors whose jurisdiction lies in the district, will attend the meeting after intimating their Superintendent.  All superior Police Officers in the district should be present unless otherwise engaged in emergent duties.

 

ADDITIONAL SUPERINTENDENTS OF POLICE :

 

159.            Government may appoint from time to time Additional Superintendent of Police in the districts to assist the Superintendent of Police.  In such cases the powers, duties and responsibilities will be laid down in a Standing Order to be issued by the Director General of Police with the approval of the Government.  They will work under the control and direction of the Superintendent of Police of the District.  Attention is drawn to Standing Order 910 regarding the duties of the Additional Superintendent of Police posted to districts.

 

SUB-DIVISIONAL POLICE OFFICERS :

160.      The duties of an Assistant or Deputy Superintendent of Police in charge of a Sub-Division are similar, subject to their limitations, to those of the Superintendent of Police.  These Officers function subject to the orders of the Superintendent of Police, whom they are bound to keep fully informed of their doings and of what is going on in the Sub-Division, and to consult him in all matters of difficulty.  Correspondence, other than matters of routine, with other departments should be routed through the Superintendent of Police.

 

161.      As in the case of the Superintendent of Police, the Sub-Divisional Police Officer should select by rotation every year one Police Station in his/her jurisdiction for intensive supervision with a view to developing it as a model Police Station.

 

162.      The departmental status of a Deputy Superintendent of Police is equivalent to that of an Assistant Superintendent and Assistant Commissioners in Commissionerates.

 

SUPERVISION OF INVESTIGATION

163.      Sub-Divisional Police Officers shall as a rule visit the scenes of crime and supervise the investigations in the heinous cases (vide order 153).  They shall also take up personal investigation in complicated or important cases.

 

164.      Sub-Divisional Police Officers should investigate important cases of lesser gravity also which  may occur near their halting places.

 

165.      Some latitude is permitted as to the compliance with this rule.  For instance, if the guilty persons  are known and evidence is at once forthcoming, or if the case comes within its category merely for technical reasons, or in respect of highway robbery and dacoity the case is an isolated one and trivial  of its kind in which personal investigation  is not likely to be useful or in cases of murder followed by suicide in which personal investigation may often be a waste of an Officer's time rather than beneficial may not be taken up for personal investigation by the Sub-Divisional Police Officer.  Similarly unimportant road accidents need not be personally investigated.

 

166.      Dowry Death cases are automatically taken over by the Corps of Detectives.  Till then, the investigation of such cases should be done by the Deputy Superintendent of Police of the Sub-Division.

 

167.      On reaching the scene of crime a Sub-Divisional Police Officer shall inspect it and examine all the witnesses.  He shall then study the case thoroughly and discuss the evidence available and further evidence to be collected and ensure that the case dairies are written promptly and correctly under his supervision.  He should normally remain in the scene of occurrence with the Investigating Officer and continue to supervise till the investigation is virtually completed.

 

168.      In cases where definite clues are not forthcoming, the Sub-Divisional Police Officer and the Circle Inspector of Police should camp in the village of occurrence till the case is detected or till, even after  sustained and vigorous efforts, it is decided for want of further time, to leave further investigation to the local Officers.  They should, however, resume the supervision of the investigation as soon as possible if necessary.

 

169.      In case the Sub-Divisional Police Officer receives information about the occurrence of another heinous crime while engaged in the supervision of the investigation of a case, he should decide whether the second case requires his immediate attention and if he feels that it is necessary for him to proceed for the supervision of the investigation of the  second case immediately, he should give detailed instruction to the Circle Inspector of Police and the Sub-Inspector regarding the lines of further investigation to be pursued before leaving the place of offence.  If necessary, he should return to the supervision of the investigation of the first case after completing the supervision of investigation of the second case.  If, on the other hand, he feels that the investigation of the first case is more important than that of the second, he should continue the supervision of investigation of the first case and proceed after its completion for the supervision of investigation of the second case.

 

170.      In case the Sub-Divisional Officer receives information about the occurrence of a heinous crime while engaged in inspection, he should stop his inspection and proceed to the scene of offence and resume inspection after his visit to the scene of heinous offence.

 

171.      Every directly recruited Assistant and Deputy Superintendent of Police, provided he is not officiating as a Superintendent of Police, will, unless specially exempted by the Director General of Police, work as Investigating Officer assisted by a Sub-Inspector, or an Inspector, in at least four important cases in a year preparing and signing all diaries and documents pertaining to those cases and generally attending to them to completion in all their stages including the proceedings in court.  Preparation of important documents questioning of suspects, etc., should not be left to the subordinates.  Personal investigation has no meaning if he asks his subordinates to do important things.  the number of such investigations made and the results obtained should be noted by the Superintendent of Police, with his remarks on the work done in the annual confidential reports.

 

HEINOUS CRIME REPORT :

172.            Immediately after visiting the scene in a heinous crime, and in any case not later than a week of the issue of  the F.I.R. the Sub-Divisional Police Officer should send a detailed report in Form No.9 in duplicate to the Superintendent of Police, who will forward one copy to the Range Inspector General.  A grave crime report should be sent by the Sub-Divisional Police Officer in a heinous crime even if it has not been  investigated by him and even if it is treated as false or as a mistake of fact.  The Sub-Divisional Police Officer should frame the grave crime report himself.

 

PROGRESS REPORT

173.            Progress reports in Form No.10 should be sent in duplicate every week till the final disposal of the case to the Superintendent of Police, who will forward a copy of it to the Range Inspector General of Police.  It is open to the Superintendent and the Range Officers to order the discontinuance of progress reports in any particular case.

 

174.            Detailed progress reports received by the Range Inspector General of Police should be filed in his office, where a watch should be maintained over the progress and disposal of cases.  Copies of grave crime reports and their progress reports should not be sent to the office of the Director General.

 

 

 

WEEKLY DIARY :

175.      The Sub-Divisional Police Officer should prepare and maintain a diary in Form No.13.  The diary should be written in ink in his own handwriting with his initials on each page and it should be written day-to-day, the entries for the previous day being made on the morning of the following day.  The diary should contain details of all movements and every type of duties performed by him whether of a routine nature or not and whether in headquarters or on tour.

 

176.      The Sub-Divisional Police Officer will send a weekly report which is a true copy of  the diary maintained as per Order No.175 in Form No.13.  The weekly report should commence from Monday of the week.  Two copies of the weekly report should be made out with an abstract in Form No.17 and forwarded to the Superintendent of Police along with a forwarding note in Form No.18.  The Superintendent of Police should retain one copy and forward the 2nd copy with the abstract in From No.17 and forwarding note in Form No.18 to the  Inspector General of Police of the Range.  The copies of the Weekly reports should be sent to the concerned officers with the superscription "Weekly Report" and they should be opened by the addressees only and none else on their behalf.

 

177.      All the case diaries received from the Inspectors should be scrutinised by the Sub-Divisional Police Officer and necessary instructions should be passed upon them and communicated to the Investigating Officer.  The Sub-Divisional Police Officer shall maintain a crime register in Form No.20 to watch the receipt of the case diaries and the progress reports.  Columns 3 to 13 of the crime register should be personally written by the Sub-Divisional Police Officer.

 

CHECK REGISTERS OF MONTHLY REPORTS :

178.      Range Inspectors General  of Police will maintain a Watch Register of monthly reports in form No.16 to watch the receipt of monthly reports from Superintendents of Police and other officers of equivalent rank.  A similar register will be maintained by the Director General of Police to watch the receipt of reports from Superintendents of Police.

 

179.      The recipients of the Superintendents' monthly reports may make observation, if any, or call for additional information on any of the entries in the report on separate memorandum forwarding a copy of such memorandum to the next officer to whom  they forward the report.  These reports and all correspondence on them should be treated as confidential and should be retained for a period of ten years.

 

180.            Superintendent of Police will maintain a check register of Weekly Reports in Form No.19 to watch the receipt of the Weekly Reports from the Sub-Divisional Police Officers and Officers of equivalent rank. A similar register will be maintained by the Range Inspector General/Deputy Inspector General to watch the receipt of reports from Sub-Divisional Police Officers.

 

CHARTS

181.      The Superintendents of Police, Addl. Superintendents and the Sub-Divisional Police Officers should maintain a Crime Chart showing the station limits for the district and Sub-Division.  The period of currency of each chart is left to the discretion of the officer maintaining it but it should not exceed a year.  On this should be entered all the true cases relating to murder for gain, dacoity, robbery, house breaking and house theft.  Any other class of crime unusually prevalent in the district, Sub-Division or Circle may be shown on the chart.  This chart should be written on receipt of crime reports and should be corrected, if necessary, on receipt of case diaries.

 

182.      The Superintendents of Police will study the crime with the help of the registers and charts maintained by the District Crime Record Bureau.

 

SUPERIORS COMPETENT TO PERFORM DUTIES OF SUBORDINATES :

183.      (a)  Under Section 77 of the Karnataka Police Act, 1963, a superior Police Officer may take up any duty assigned to his subordinate whenever he considers it expedient to do so.  This enables a Superintendent of Police or Sub-Divisional Police Officer in any case especially requiring it, to take up the duty of a Station House officer or to assign it to another competent officer.

 

            (b) Section 77 of the Karnataka Police Act, 1963 conforms to section 36 of the Criminal Procedure Code.  Under the former section, a Superintendent of Police or a Sub-Divisional Police Officer can order a Sub-Inspector of Police to send the charge sheet in a case to a Magistrate, even when the sub-Inspector of Police has decided that there are no grounds to do so.

 

            (c) The words `by his own action' in Section 77 of the Karnataka Police Act authorise the superior officer to exercise the powers provided for in the section even by correspondence and from a distance as it is not legally necessary that he should take local and personal action.

 

INQUIRY IN CASE OF DEATH OR INJURY IN POLICE CUSTODY

184.      Cases of (1) death or grievous hurt alleged to have been caused by a Police officer whether in his public or private capacity or to have occurred to any person while in police custody and (2) torture, i.e., all cases of hurt or more serious injury alleged to have been inflicted by a Police officer for the purpose of extorting a confession or information, should  always be inquired into by a Magistrate.

 

185.      A superior police officer to whom complaint of such an offence is made or who otherwise hears of  the occurrence should immediately start personal enquiry into the occurrence.    In the case of death of a person in police custody, he will take measures to preserve the body for the magisterial inquest and  report the case at once to the nearest  Executive Magistrate competent to hold inquest, copies being simultaneously sent to the District Magistrate.

 

186.      The Superintendent of Police should send promptly brief reports to the Director General of Police and to the Range Inspector General/Deputy Inspector General of Police by wireless or by T.P/FAX when allegations of Police torture are made or death in police custody occurs intimating the action taken by him.  This should be followed up with a detailed report.

 

187.      When information of  the alleged commission of any such offence is received by a police officer below the rank of Assistant or Deputy Superintendent of Police, he should not make any regular investigation himself but should at once report the case to the Assistant/Deputy Superintendent of Police, who should proceed as laid down above.  The cases registered in respect of deaths in police custody should  be investigated by the Corps of Detectives.

 

188.      As a matter of policy, all the cases of deaths in police  custody should be investigated by the COD.  This is in addition to the Magisterial inquiry as required by law u/s 176 Cr.P.C.

 

189.      There should be no reluctance on the part of the Police Officers to initiate disciplinary proceedings/criminal proceedings against and/or suspend any delinquent Police Officer when death prima facie occurs in police custody.  Cases should be registered in accordance with law without loss of time and the investigation entrusted to COD.  Disciplinary proceedings should be ordered with a view to award major punishments.

 

190.      In cases of death in Police custody, Superintendents of Police of the districts/Deputy Commissioners of Police of Cities should request the Executive Magistrate concerned   to indent on the services of a Video Photographer and get the entire process of inquest proceeding and post-mortem examination videographed. Two panch witnesses drawn preferably from two different departments of the Government should be associated.  On completion of the Videographing  process, 3 copies of photographs should be made and one copy each to be sent to the National Human Rights Commission, New Delhi together with the P.M. report (2) Superintendent of Police of the District (3) Jail Superintendent if the death is in judicial custody and (4) the Executive Magistrate when the death is in Police custody.  The master copy may be retained by the Executive Magistrate concerned.

 

191.      The Executive Magistrate conducting enquiry  in custodial deaths will observe the following procedure :

 

            (a)  If the Executive Magistrate is acting on the report of the Police Officers he will at once enter upon the inquiry unless he is of the opinion that the charges do not constitute one of the  offences specified above in which case he will send an endorsement to that effect to the Police officer who reported to him.

 

            (b) If the Executive Magistrate is acting merely on information under Section 190(1) (c), Code of Criminal Procedure, he will make a preliminary inquiry and decide whether there is a prima-facie case.

 

            (c) The Magistrate holding the preliminary inquiry will report to the District Magistrate from time to time the progress of the enquiry.

 

            (d) Whenever cases of  death of suspects occurring in Police Stations attract keen public attention or where cases of that kind arouse keen local controversy or suspicion regarding the circumstances under which such occurrences took place, the executive Magistrate of the first class who is required to take up enquiries into such incidents under this order should make arrangements for the conduct of post-mortem examinations over the bodies of the deceased only by Senior Surgeons or Medical Officers (other than the local Officers) and in appropriate cases in their (Executive Magistrates) presence.

 

            (e) Such cases should receive special mention by both the Sub-Divisional Police Officer concerned and the Superintendent of Police in their weekly or monthly reports as the case may be.

 

DIRECTION AND CO-ORDINATION OF WORK IN CONNECTION WITH ORGANISED CRIME :

 

192.      The officer responsible for directing and co-ordinating the work in regard to organised crime which extends beyond the area of a station is the Inspector for a Circle, the Sub-Divisional Police officer for  areas beyond a Circle within his jurisdiction, the Superintendent of Police for areas beyond a Sub-Division within his District, the Range Inspector general of Police for areas beyond a district within his Range.  The Inspector General of Police, Corps of Detectives, for areas beyond a range.  the Inspector General of Police, Corps of  Detectives, will also take up the direction and co-ordination of work in all cases the investigation of which has been taken up by his department.  This principle should be strictly applied and followed in practice for areas within the state.  For areas that extend beyond the state where there cannot in normal circumstances be a single directing and co-ordinating authority, the necessary co-ordination of work must be attained by interchanging intelligence and affecting meeting as laid down in order 193.

 

MEETING BETWEEN BORDERING OFFICERS FOR EFFECTIVE CO-ORDINATION IN CONNECTION WITH THE CONTROL OF ORGANISED CRIME AND CRIMINALS :

 

193.      (a) In order to secure satisfactory co-operation between the police of neighbouring areas for the purpose of control of organised crime and criminals, all executive officers from the rank of Sub-Inspector to Superintendent, both in the districts and Railways Police should keep in close touch by correspondence or meeting with officers of corresponding ranks in the areas bordering their jurisdiction, whether within or outside the state of Karnataka.  The meetings should take place when there is an urgent matter for personal discussion and may be held on the border or elsewhere as found convenient.  They should take place as often as is necessary for the purpose for which they are intended and no year should be allowed to pass without at least one meeting.

 

            (b) Similar meetings should also be held by Range Inspectors General with bordering Range Inspectors General within the State and with Officers of corresponding rank of bordering areas beyond the State, when necessary for co-ordinating steps to be taken for the control of crime and criminals.

 

            (c) Sub-Divisional Police Officers and Superintendents of Police should ensure that the meetings contemplated above are held by officers of the rank of Sub-Inspector and Inspector serving under them.  Range Inspectors General should ensure that similar meetings are held by the Superior Officers serving under them and send a report to the Director General on the 15th January every year as to whether this instruction has been complied with.  In this report, they should also state what meetings they have themselves held during the preceding calendar year with bordering Range Inspector General.

 

            (d) Police Officers may proceed on duty beyond the limits of their charges outside the state within India in accordance with the provisions of rule 16 of K.C.S.Rs.

 

            (e) The State Crime Record Bureau should play a key role with reference to such meetings, by furnishing the required information and analysis results.

 

MEETINGS WITH THE OFFICERS OF THE SOUTHERN, SOUTH CENTRAL, SOUTH WESTERN AND CENTRAL RAILWAYS :

 

194.      Co-ordination meetings with the Officers  of the Southern, South Central, South Western and  Central Railways and the Karnataka Railway Police should  be held periodically.

 

195.    This is a forum at which mutual problems can be discussed frankly across the table and necessary strategies can be chalked out to effectively contain crime, criminals and initiate appropriate measures  for maintenance of law and order on the Railway premises and to ensure better safety and security to the travelling passengers.

 

196.   Co-ordination meetings should be held at various levels as mentioned below:

 

(1) Zonal level co-ordination meetings

            (i) Zonal level co-ordination meetings should be held under the Chairmanship of  General Managers in which Deputy Inspector General of Police (Railways), Superintendent of Railway  Police, Chief Security Commissioner, Divisional Railway Manager and Divisional Security Commissioner should attend.  This meeting should be held once in every six months.

 

                        (ii) In addition to the above, Chief Security Commissioner  should hold suo-moto co-ordination meetings with Deputy Inspector General of Police  (Railways) and Superintendent of Railway Police having jurisdiction on the Zonal Railway concerned.  Periodicity of this meeting should be at least once in every 3 months or earlier if the need so arises.

 

(2) District Level Co-ordination Meeting:

            Divisional Security Commissioner,  Railway Protection Force should also hold co-ordination meetings with the concerned Superintendent of Railway Police.  In these meetings, Superintendent of Railway Police/Deputy Superintendent of Railway Police, Inspectors  Railway Protection Force  in charge of the Posts, Subsidiary  Intelligence Bureau,  Central Intelligence Bureau and Inspectors/Sub Inspectors  of the Government Railway Police (State)  should be invited to attend.  This meeting should be held every month.

 

(3) Post Level Co-ordination Meetings

            Inspectors in-charge of Railway Protection Force Posts should similarly hold co-ordination meetings with the Officers in-charge of the Government Railway Police (State).  This meeting should be held fortnightly.

  

ATTENDANCE AT SESSIONS     

 197.     (a) The Superintendent of Police or Sub-Divisional Police Officers should attend the trial in Sessions Courts in important cases.

            (b) Probationary Police Officers under training should attend Sessions trials as many times as possible.

            (c)  During their inspections the  Inspectors General of the Range will satisfy themselves that attendance has been satisfactory and has not been neglected.

 

REPORT OF CASUALTIES AMONG INSPECTORS, SUB-INSPECTORS, RESERVE INSPECTORS, RESERVE  SUB-INSPECTORS.

 

198.      The Unit Officer shall report to the Director General promptly all casualties among  Inspectors, Sub-Inspectors, Reserve Inspectors and Reserve Sub-Inspectors.

 

SAFE CUSTODY OF KEYS OF CONFIDENTIAL ALMIRAHS AND BOXES

199.      The Confidential almirahs and boxes of all superior Officers should be provided with keys in duplicate.  The duplicate keys should be placed in a sealed cover and lodged for safe custody in the district treasury.  A manuscript register of duplicate keys should be maintained and once a year  in the month of April, the keys should be sent  for, examined and returned to the treasury under a fresh seal, a note to this effect being made in the register.  The Superintendents are personally responsible to ensure that the orders are carried out.

 

SUPERIOR OFFICERS - REPORTING ON ARRIVAL IN BANGALORE

 

200.      All Officers of and above the rank of Superintendent of Police with headquarters  outside Bangalore on their arrival in Bangalore, should intimate their visit to the Director General & Inspector General of Police, Addl. Director General of Police (Administration), Addl. Director General of Police, Law & Order and Addl. Director General of Police, Intelligence, and if possible meet the Senior Officers in the headquarters to apprise them of matters relating to their respective Units.