Chapter 6



POWERS AND DUTIES OF SUBORDINATE POLICE OFFICERS

CIRCLE INSPECTOR 

201.      The Principal duties of the Circle Inspector are to investigate heinous cases and to supervise the police work of his circle in all its branches, maintain discipline among his subordinates, look  after their welfare, see to the upkeep of arms, accoutrements, and other Government property and buildings and to keep the Superintendent and Sub-Divisional Police Officer informed of the state of the circle from the police point of view.

 

TOURING AND INSPECTIONS

202.      The Circle Inspector in charge of Rural, Town or Railway Police Circle should make a formal inspection of each of the Police Stations and outposts in his charge once every half year.  He must constantly and systematically tour throughout the circle, making enquiries about bad characters, the state of crime, the general efficiency and honesty of the police.  He should record his remarks on the inspection of a station in the Visiting Book, in form No. 21 and submit a carbon copy of it with his diary.

 

203.      In addition to the half-yearly inspections, the Circle Inspector should visit each Police Station in his charge at least once a week, check the current work of the station and cultivate personal touch with his staff.  He will, during these visits, record necessary instructions in the Visiting Book in form No.21 and send a copy to the Sub-Divisional Police Officer.  The Circle Inspector’s inspection of a station should be directed principally towards giving a proper direction and orientation, at the same time uncovering errors in the working of the police station and correcting them and giving instructions on correct methods.  They should not take the form of a barren and negative criticism of the various branches of the station work.  The Inspector should spend sufficient time in each station during his visits.  He should, on such occasions, look into all cases pending disposal in the station.  He should discuss with the Sub-Inspector the cases reported after his previous visit and satisfy himself that they have been or are being properly investigated, leaving detailed instruction wherever necessary for further enquiries.  If he finds that the Sub-Inspector has delayed the final report in any case,  he should see that it is sent without further delay .  If  there has been delay in the disposal of any case in court, he should arrange to get witnesses on the next day of  hearing and himself attend the court,  as far as possible,  during the examination of all the witnesses that day.  He should also  enlist the co-operation of the prosecutors for the quick disposal of cases.  If any case is being adjourned  on account of non-appearance of  a police officer serving  in another jurisdiction.,  he  should immediately write to his counterpart or the immediate superior officer of such police officer of the concerned jurisdiction direct, with a copy to the sub-Divisional Police Officer,  requesting him to ensure that the officer attends the court on the next date of   hearing.    If the prosecuting officer has to be consulted  in any case, he should see that this is done immediately.   Except in complicated cases he should make the Sub-Inspector draft  the chargesheet and should help him by constant check, guidance  and instruction.    

 

204.      During his visits, he should also scrutinise the Crime History – Part I, to see whether all cases have been entered  correctly and go through History Sheets to satisfy himself  that they are properly maintained.  He should  examine the K.D. check Register and Duty Roster to see whether beats are properly  served and checked.  He should also check beats himself and visit as many villages as possible.  During his visits to the villages he should make enquiries with the members of Scheduled Castes and Scheduled tribes to find out whether they are denied any of their rights.  If any offences come to his notice he should promptly take necessary action in this behalf.  He should see that duties are allotted to the men equitably and impartially. 

 

205.      All enquiries to be made by the Inspector in a station jurisdiction should, as far as possible, be done during his monthly visits.        

 

206.      The Inspector should write in the Inspector’s Visiting Book in detail the instructions issued by him to the Station House Officer, and the work done by himself such as the checking of beats and visits to villages, and send a copy of the notes to the Sub-Divisional Police Officer.  These notes should include -

(a)      The details of cases pending trial, any avoidable delay in respect of any of them,      steps taken to expedite their disposal and information whether action under sections 77   and 78, 82 and 83 of the Cr.P.C. has been taken in cases in which the accused are absconding;

(b)      Information whether final reports have been submitted in cases which were shown under investigation during his previous visit, and if not, the stage of each  case,   the reason for the delay in its disposal, and instructions issued for disposal;

 

(c)      The details of the cases reported after his previous visit and reasons for delay in submitting final reports in cases in which the accused have been arrested and evidence collected, and whether investigation in other cases is being conducted on proper lines;

(d)      Whether beats have been properly organised and have been regularly served ; and

(e)      Whether the Sub-Inspector has been checking by surprise the Constables on beat duty. 

 

207.      The Inspector must visit all factious villages in his jurisdiction frequently, and other villages and hamlets at least once a year and become personally acquainted with the Dalapathis, members of the Village Defence Parties, and leading inhabitants.  If he is not able to visit any village in a year, he should visit such villages early the next year.  It will be necessary for the Circle Inspector to make night halts in important villages.  He should supervise the working of the Village Defence Parties and secure their co-operation as well as that of the general community.  He should endeavour to secure the maintenance of  public order in the villages and collect intelligence about the existence of factions and disputes which are likely to disturb the public peace.  The dates of visits to the villages should be noted by the Circle Inspector in the village Roster (Form No.22) and the dates on which he halted in a village in the night should be underlined in red-ink in the roster.  The Sub-Divisional Police Officer must watch the progress of village visitation by the Inspector every month and ensure that it is spread over all the stations, when he scrutinises the monthly itineration  report of the Circle Inspector.

 

DUTIES OF CIRCLE INSPECTOR IN REGARD TO CRIME  

208.      (1)  (a)  On the occurrence of a crime of any importance, the Circle Inspector should proceed to the spot without delay to supervise and guide the investigation and, if necessary, take steps to secure the co-operation of the police of the neighbouring station.  He should himself assume charge of the investigation of all heinous crimes.  He will investigate personally other important cases, if circumstance requires it or if the Superintendent of Police or the Sub-Divisional Police Officer orders him to do so.  He must write the case diaries in all cases investigated by him.

 

           (b)  In regard to out breaks of a particular type of crime within his circle, he should personally, and as early as possible, take charge of the direction and co-ordination of all work.  He will be responsible for ensuring that all information is examined, compared and collected, that every clue is followed up and that there is no duplication of work by different stations.

 

    (c)   When the Inspector takes up the investigation of a case, he must continue it till it takes a definite shape. If, however, he has to leave the  investigation for some unavoidable reasons, he must return as soon as possible and continue the investigation till the case takes a definite shape.

       (d)  When the Inspector has to leave a case he has been personally investigating, he should record in his case diary the opinion he has formed of the case till then, as well as the detailed instructions regarding the line of further action to be taken.

 

(2)     In a town circle, or Police Stations headed by an inspector, the Inspector should take an active part in the investigation of all cases.

 

(3)     Whenever the Circle Inspector is present during the investigation conducted by one of his subordinates, he should countersign the case diaries and certify that they contain a correct record of the investigation.  This does not, however, absolve the Sub-Inspector of the primary responsibility of investigating a case properly.

 

BREACH OF THE PEACE :

209.      If a serious breach of the peace is anticipated the Circle Inspector should promptly proceed to the locality and take measures to prevent it.  Should he be present at the time of any rioting he will in the absence of any senior officer, take command of the police engaged in suppressing it.

 

SUPERIORS COMPETENT TO PERFORM DUTIES OF SUBORDINATES :

210.      (a) Under Section 77 of the Karnataka Police Act, 1963, an Inspector of Police may take up whenever justice will be furthered by it, any duty assigned to his subordinate.  This enables an Inspector of Police in any case especially requiring it, to take up the duty of a Station House Officer. 

 

             (b) Section 77 of the Karnataka Police Act, 1963, explains section 36 of the Criminal Procedure Code.  Under the former section, an Inspector of Police can order a Sub-Inspector of Police to send up a case to a magistrate, even when the Sub-Inspector of Police has come to the conclusion that there exists no case which can be so sent up.

 

(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.

 

            The Circle Inspector should be present on the occasion of the large festivals and public assemblies, and supervise the police arrangements.

 

DIARY

211.      The Circle Inspector should send in a daily diary in Form No.23 to the Sub-Divisional Police Officer.  The diary should cover the 24 hours from zero hour to 24 hours.  The diary should contain a faithful and accurate statement of work done by him as well as an abstract of all important matters mentioned in the Station House Diary.  When the Circle Inspector leaves his headquarters, his halting places, the villages visited by him, the date and hour of arrival and departure,  the distance travelled, the manner of performing marches and purpose of the journey or visit should always be given in the diary.  The diary should be despatched every morning.

 

212.      He shall also send a monthly itineration report in Form No.24 to the Superintendent of Police, through the Sub-Divisional Police Officer.

 

INSPECTOR’S CASE DIARIES :

213.      When a Circle Inspector takes up the investigation of a crime of his Circle, he will prepare 4 copies of case diaries and forward one copy to the concerned station, two copies to the Sub-Divisional Police Officer and retain the fourth copy with him in the case file.

 

CRIME REGISTER OF CIRCLE INSPECTORS :

214.      All cognisable cases under the Indian  Penal Code and also cases under the Special and local laws which need investigation, should be entered in the Circle Inspector’s Crime Register (Form No.20) to enable him to maintain a check over their investigation and disposal by station House Officers.

 

FORWARDING OF CASE DIARIES :

215.      The Circle Inspector should transmit to his Sub-Divisional Police Officer the case diaries received from his Station House Officers after recording his remarks thereon.

 

 

 

 

 

 

 

CUSTODY OF INSPECTOR’S NOTE BOOKS

216.      The Circle Inspector should record his daily movements and activities chronologically in his note book.  When a note book is finished, it shall be filed with the circle records and retained for three years.  He should leave his current note book behind when  he is transferred.

 

HISTORY OF THE CIRCLE :  

217.      The Inspector should take care that the circle information Book (Form No.25) is properly compiled and kept up-to-date, obsolete entries being scored out.  The object of this book is to prevent knowledge gained by an officer being lost to his successor.

 

NOTES ON CRIME IN THE STATION CRIME HISTORY – INSPECTOR’S RESPONSIBILITY FOR CORRECT MAINTENANCE :

 

218.      The Inspector should himself compile the annual review of crime of each station in part I of the Crime History.  He should send it to the Sub-Divisional Police Officer for approval  before the end of January.  After approval, he should send it to the station keeping a copy of it in his office for his use for guidance and compliance by the SHOs.  He should also ensure that entries in Part IV of the Crime History are properly made. He should enter in his Circle Information Book a gist of the entries made in Part IV of the Crime History of each station.

 

CIRCLE REMARKS BOOK :

219.      (i) The Inspector should record in the Circle Remarks Book the dates of changes of circle charge.

          (ii). The Inspector must frequently check the guards, attend drill in his headquarter station as frequently as possible and in other stations during his visits and inspections and effect meetings with Inspectors of border circles.

 

RECORDS FROM CIRCLES AND STATIONS : 

220.      Station and Circle records, which have to be retained in the District Police Office should be sent to the District Police Office by the Circle Inspector at the beginning of the year.

 

 221.     At the close of each year, the Inspector should prepare and forward to the District Police Office for the orders of the superintendent of Police a list in respect of each station, of time-barred records and other useless papers for destruction.  They should be destroyed by the Inspector himself on receipt of the orders of the Superintendent of Police.

 

222.        The Inspector is responsible for the destruction of the copies of case diary files and first information reports retained in his office and in the station.  These files should be retained for three calendar years after the year in which the case is disposed of.  Attention is drawn to the fact that, in undisposed of or not fully disposed of cases, e.g.,  in which an accused person remains to be arrested, case diary files should be retained for a period of 30 years.  Circle records should be included in the annual list of records for destruction.

 

REPORT OF ARRIVAL AND DEPARTURE :

223.      Every Circle Inspector, Sub-Inspector, Assistant Sub-Inspector, Head Constable and Constable (not belonging to the Headquarter Circle) visiting District Head quarters should report his arrival and departure at the District Police Office.

 

INSPECTOR IN CHARGE OF POLICE STATION :

224.      In some important Police Stations Inspectors of Police are appointed as S.H.Os.  In such Police Stations the Inspector of Police will supervise the work of the Police Sub-Inspectors attached to his Police Station and investigate all heinous cases besides being responsible for the Police Administration  of the Police stations.  Such Inspectors in addition to performing the duties of Sub-Inspector of Police as Station House Officer hold a status equivalent to that of Inspector of Police in charge of a Circle and discharge duties and responsibilities equivalent to that of Circle Inspector of Police holding charge of a Circle so far as his station is concerned.  The Inspectors holding charge as S.H.O. will be reporting to the Sub Divisional Police Officer who will inspect their Police Stations and guide them as per the instructions in the aforesaid orders. 

 

SUB-INSPECTORS

225.            Generally Sub-Inspectors are posted as S.H.Os.  They may be given such other duties as may be ordered in this behalf.

 

SUB-INSPECTOR AS STATION HOUSE OFFICER   

226.      A Sub-Inspector in charge of a Police station is fully responsible for the police administration of his charge.  It is his duty to assign to his subordinates their duties and to ensure that they perform them correctly and to take measures for the preservation of the peace and the prevention and detection of crime within the limits of his station.  The Circle Inspector’s supervision will no way relieve the Sub-Inspector of the full responsibility for the police work in his station area.  He should keep all his superiors promptly informed of any important/serious incident  in his jurisdiction.

 

227.      He should maintain a note book in which he should write then and there his daily movements and activities in the discharge of his duties.  When a note book is completed, it will be filed with the station records and retained for three years.  He will hand over his current note book to his successor when he goes on transfer.

 

STATION HOUSE OFFICERS TO SEND STATION HOUSE REPORT :

228.      The Station House Officers will forward daily to the Circle Inspector a carbon copy of the entries in the Station House Diary with an abstract of duty in Form No.26, a copy of all First Information Reports in cases registered and case diary sheets recording any investigation made.

 

229.      It is his duty to acquire full local knowledge and to become acquainted with the people of his station limits especially the Dalapathis of Village Defence Parties and other prominent residents, and enlist their co-operation in maintaining peace.  He should visit all the villages in his jurisdiction at least once a quarter.  During such visits he should make enquiries with the members of Scheduled Castes and Scheduled Tribes  to find out if they enjoy their legitimate rights and should promptly take necessary action if he receives any complaint in this behalf.

 

INSTRUCTION OF SUBORDINATES :

230.    The SHO should instruct his subordinates regarding the drill and inspect their kits, catechise them upon the performance of their duty and  examine their beat books and note books.

 

 231.     The Station House Officer should frequently visit the outposts in his charge and give his men instructions about their duties.

 

INVESTIGATION :

232.    The Sub-Inspector or the Officer incharge of the P.S. is responsible for the investigation of all the cases reported in the police station.

 

SUBORDINATE SUB-INSPECTORS :

233.      When more than one Sub-Inspector is posted in a police station, the junior officers will act under the orders of the seniormost among them.

ASSISTANT SUB-INSPECTORS :

234.     In some police stations, Assistant Sub-Inspectors are appointed to assist the Station House Officer in his duties and responsibilities.  Assistant Sub-Inspectors will function under the overall supervision of the Station House Officer and their duties will be as follows :

 

a)      Full investigation of simple cases as directed by the Sub-Inspector ;

b)      Petition enquiry ;

c)      Checking of enquiries into verification rolls ;

d)      Supervision of process work ;

e)      Supervision of section duties ;

f)       Direct  supervision of station scriptory work ;

g)      Detailing duties to the men during the sub-Inspector’s absence, and exercising supervision and control over them;

 

h)      Maintenance of arms and ammunition as well as the registers connected therewith ;

 

i)        Such other work as may be entrusted to him by the Sub-Inspector ; and

 

j)        Completion of details for preparation of pay and travelling allowance bills.

 

STATISTICS NOT A CRITERION FOR MERIT :

 

235.     The performance of a Station House  Officer will not only be judged by the ratio of convictions to cases sent up for trial but also by the quality and the nature of his work and the detective ability displayed in each individual case.          

 

HEAD CONSTABLES

236.     Head Constables are employed on general duty in the Police Stations under the Station House Officer as Station Writers in important Stations, and in-charge  of Outposts and Guards.   Under Section 2 (o) of the Code of Criminal Procedure a Head Constable attached to a Police Station may in the absence of the Sub-Inspector perform all the duties of a Station House Officer.  However, when the Sub-Inspector is present he cannot undertake independent investigation of cases unless deputed to do so under Section 157 of the Code of Criminal Procedure.         

 

 

 

 

GENERAL DUTY HEAD CONSTABLE

237.      The primary duties of a Head Constable on general duty in a Police Station are :

 

i)                    to supervise the work of the Constables and see to their instructions, catechism and drill;

ii)                   to perform any duties allotted to him by the station House Officer, whom he will accompany on investigation when required;

iii)                 to be in charge of a guard or escort when deputed on such a duty ;

iv)                 to visit all the villages in the station jurisdiction at least once a quarter ;

v)                  to check all beats, particularly night beats, twice a week ;

vi)                 to attend to court work under the orders of the Station House Officer ;

vii)               to investigate simple cases when deputed by the Station House Officer under Section 157 of the Cr.P.C., and

viii)              to conduct enquiries into petty complaints.

 

238.    The general duty Head Constable should take approval of the Sub-Inspector, whenever possible, before leaving the station on routine duties.  In the absence of the Sub-Inspector from the station, the Head Constable should ordinally remain in the station, unless he is called away on emergent duties or ordered by the Sub-Inspector to go out on some duty.

 

STATION WRITER :

239.     The Station Writer will perform the clerical work of the station under the direction of the Station House Officer.

 

STATION CHARGE :

240.   In the absence of the Police Inspector/Sub-Inspector, the senior officer present, above the rank of a constable, will assume charge of the station.

 

OUTPOST HEAD CONSTABLES :

241.       The duty of the Head Constable in charge of an Outpost is to supervise the work of his men, maintain the prescribed records and submit a daily report in form No.27 to the Police station with the abstract of duty done by the outpost staff.

 

RECEIPT OF COMPLAINT AT AN OUTPOST :

242.      The Head Constable in charge of an outpost is not an officer in charge of a police station and is not empowered to record a `First Information’ within the meaning of Section 154 Cr.P.C. of a cognizable offence or to enter its substance in the First Information Report form.

 

 243.      On receipt of a direct complaint or information of crime or serious occurrence, the Head  Constable in charge of an outpost should send the complaint or forward the report to the station after making a relevant entry in the Out Post dairy and at once proceed to the scene of occurrence, collect information regarding the matter and take such action, such as arresting the accused, as may be necessary while awaiting the arrival of his superior officers.  In the outpost diary, the time at which the complaint is received and the action taken thereon should be noted.

 

244.      A Head Constable in charge of an outpost may, without the intervention of the officer in charge of the Police Station, take action in such of the offences as can legally be taken cognizance of by a Head Constable.

 

RELIEF OF HEAD CONSTABLES AND CONSTABLES IN OUT POSTS :

245.      Head Constables and Constables on duty in outposts should be changed once a year.

 

CONSTABLE :

246.      He will  perform such police duties as are entrusted to him by his superior officers, maintain public order, help the members of the public in the enjoyment of their legitimate rights, protect life and property, prevent the commission of offences and public nuisances, assist in the detection of crimes, apprehend offenders, serve processes, obtain intelligence concerning the commission of or designs to commit cognizable offences, lay such information and take such other steps consistent with the law and with the order of his superiors, as to bring offenders to justice, aid other police officers in the discharge of their duty, control and regulate traffic when posted for such duty and discharge generally such duties as are imposed on him under the Karnataka Police Act, 1963, and any other law for the time being in force.

247.     He should use the minimum force on such occasions when he finds use of force unavoidable for valid reasons in the discharge of his duties.  He should also endeavor to move with the members of the public with courtesy and cordiality thereby serving to improve the image of the Police force.  He should maintain a note book wherein he should record chronologically all the duties performed by him.