1120. (a) Movements of the following will be promptly reported by one Station House Officer to another in Enquiry Roll Form A (Form No. 110).
(i) Persons with History Sheets.
(ii) Persons registered under the Karnataka Habitual Offenders’ Act, 1961.
(iii) Persons notified under Section 356 of the Criminal Procedure Code.
(iv) Persons conditionally released under Section 432, Criminal Procedure Code.
(v) Wandering Gangs.
The receipt of such roll will be immediately acknowledged and a report as to
the presence of the bad character made with the least possible delay. If the person to be closely watched becomes a temporary resident within the limits of another station, he should be entered by the police of the latter station in the register in Form No. 105 vide Order 1078.
1121. The roll will be retained until the individual moves on, when it will be forwarded to the station of his destination. If this station is other than the one at which the criminal is registered, the Station House Officer of the latter station will be informed of the movement.
1122. (1) When persons closely watched under this rule are likely to use the trains, intimation of their movements should also be given to the nearest Railway Police Station.
(2) Transmission of Enquiry Rolls to Other States
(a) Enquiry Rolls of C.I.D. criminals will be sent through the Office of the Criminal Investigation Department. If the transmission of such rolls is urgent, a copy of the roll will be sent to the Criminal Investigation Department, the fact of the original having been sent direct, being noted thereon.
(b) In the case of a criminal who is known to have gone to another State, Enquiry Roll Form A (Form No. 110) in English will be sent direct to the Station House Officer of the Station of the other State.
(c) All Enquiry Rolls for places outside India must be written in English and must in addition to the Sections of the Indian Penal Code describing the offence he has committed or is in the habit of committing, contain a description of the offence in words.
(3) Presence of Suspicious Stranger
(a) When a stranger of suspicious conduct or demeanour is found within the limits of a Police Station, the Station House Officer will forward an Enquiry Roll Form B (Form No. 111) to the Police Station in which the stranger alleges that he resides. The receipt of such a roll must be immediately acknowledged and promptly replied.
(b) A Check Register of Enquiry Rolls in Form No. 112 will be maintaind in each station to check the disposal of Enquiry Rolls received from other stations.
(c) If the suspicious stranger alleges that he resides in another State, an Enquiry Roll Form B (Form No. 111) will be written in English and sent to the Station House Officer of the Stat on in the other State.
(d) If the suspicious stranger is not identified in the station to which the Enquiry Roll was issued, the Station House Officer who issued the roll must take all possible steps to discover the identity of the stranger.
BAD CHARACTERS GOING O.V. – ISSUE OF O.V. CARDS
1123. When a bad character goes out of view, whether wanted in a case or not, the information should be broadcast in Form No. 113 to the Police Stations having jurisdiction over the places likely to be visited by the bad character and also to the neighbouring stations whether such stations are in this State or in another State. Copies of the card should be sent by the Station House Officer concerned to his Circle Inspector\SDPO and to the District Crime Record Bureau of his district.
TRANSFER OF CRIMINALS TO JAILS OF NATIVE PLACE P.R.T. SYSTEM
1124. (1) All prisoners registered under the Karnataka Habitual Offenders Act, 1961, as well as all dangerous convicts who are likely to revert to crime on release and who are not residents of the State in which they are sentenced, have to be transferred two months before their release to the jails of their native districts.
(2) Endeavour should be made to trace the prisoners’ native place through the Finger Print Bureau, which should make a reference to the Bureau of the State to which the prisoner is suspected to belong.
(3) If the native place of the prisoner is ascertained and the Superintendent decides that he should be transferred, intimation should be sent immediately to the Superintendent of the Jail by a P.R./T. slip (Form No.114) and a counterfoil of the P.R./T. Slip should be sent to the Superintendent of the district to which the prisoner belongs.
Note :- The system of registering criminals as P.R./T. or P.R./S. should not be applied to any inmate or ex-inmate of Borstal Institution.
RELEASE OF FOREIGN PRISONERS – REPORT TO BE MADE TO THE CRIMINAL INVESTIGATION DEPARTMENT
1125. Before the release of a foreign prisoner who is convicted for an offence of the type in which finger-prints would ordinarily be taken for records under the rules, a report should be sent by the Superintendent of the district in which the case was registered, to the State Intelligence Department for transmission to the Director, Intelligence Bureau, Government of India, giving information regarding date, route, Airlines, Streamer, etc., on or by which the prisoner will be travelling, in order that such information may be transmitted to the country of the man’s origin.
1126. (a) The following are the instructions for the shadowing of convicts on their release from jail:
(1) Only those convicts who (i) have no fixed abode, or (ii) are not likely to return to their native place on release, or (iii) are exceptionally dangerous should be shadowed.
(2) The Superintendent should decide which convicts have to be shadowed. For this purpose, the Police Inspector/Sub-Inspector will note on the Conviction Memorandum for figner-print purposes (Form No. 217) whether shadowing is necessary or not. The Circle Inspector/SDPO will add his opinion.
(3) The fact that the convict is to be shadowed will be entered in the District Police Office in the Finger Print Register (Form No. 218) and communicated in Form No. 115) to the Superintendent of the Jail where the convict is imprisoned, who will note in red ink the letters P.R./S. (Police Registered Prisoner for shadowing) above the number of the convict in the Release Register and finally in the monthly release lists to the Superintendent.
(4) On receipt of the release list, the Superintendent of the district in which the jail is situated and, in the case of Bangalore City, the Commissioner will make a list of P.R./S. convicts in Form No. 116 and communicate it to the officer in-charge of the Police Station in the limits of which the jail is situated, with orders to arrange for the shadowing of the selected prisoners. The concerned Station House Officer will depute a constable especially to shadow the ex-convict whether he travels by train or by road. The concerned Station House Officer will also arrange to give sufficient previous information to the Station House Officer of the Station limits to which the ex-convict proposes to travel. When the ex-convict travels by train, intimation will also be given to the Railway Police of the place where the ex-convict proposes to detrain. When the ex-convict breaks his journey instead of proceeding to his native place, the shadowing constable will immediately report the fact to the Station House Officer having jurisdiction over the place, where the ex-convict has broken his journey and then return to his station, the officer in-charge of which will promptly communicate the constable’s report to his Circle Inspector \ Sub-Divisional Police Officer and the District Crime Record Bureau.
(5) A constable deputed for shadowing an ex-convict will enter all his movements as well as those of the ex-convict in his note book and take the signature of the local police for having informed them of the arrival of ex-convict in their jurisdiction.
(6) The constable will be furnished with a challan in Form No.117 showing the particulars of the ex-convict to be shadowed. This form will be returned by the Station House Officer of the Station where the ex-convict takes up his residence or passes out of view to the District Police Office of the district where the jail is situated, or to the Commissioner in the case of Bangalore City, and will be filed in that office.
(7) Ex-convicts should be kept in view, but on no account should restraint be put upon their movements.
(8) Adolescents released from Borstal Schools should not be shadowed and Superintendents are required to see that they are not marked P.R./S. at the time of conviction.
INSTRUCTIONS REGARDING SURVEILLANCE OF CONVICTS BETWEEN STATES:-
1127. (1) Superintendents of Jails are required to send to the Superintendents of districts in which the jails are situated before the 15th of each month, a list of prisoners to be released during the next ensuing month and a similar list to the Superintendent of the district the prisoners’ homes are situated or in which they may have been convicted. In the latter case, the Superintendent should, on receipt of the jail release list, give information regarding the release to the Superintendent of the district in which the prisoners’ homes are situated.
(2) In addition to the list to be sent before the 15th, the Superintendents of jails will, if necessary, send a supplemental list containing the names of prisoners admitted after the 15th of each month and who will be released during the next ensuing month.
(3) Whenever there is delay in the receipt of release list from jails, the matter should be reported to the Director General who will bring it to the notice of the Inspector-General of Prisons.
(4) The release lists will be published in the Crime and Occurrence Sheets. In the case of exceptionally dangerous criminals, the Station House Officer will be informed at once.
1128. Extracts from release lists should be communicated by Superintendents to the stations within the limits of which the prisoners’ homes are situated, and Police Sub-Inspectors/ Inspectors shall, after a reasonable time, return these extracts through their Inspectors/SDPOs, noting thereon whether the prisoners referred to have returned to their homes or not.
1129. In the case of dacoits and persons convicted of other heinous organised crimes, the Superintendents of Jails will, under the rules in the Jail Manual, note in the monthly lists of releases, to be furnished to Superintendents, the period of remission earned under Jail Mark Rules; such persons will be closely watched on release.
1130. A Convict released by Government on medical grounds is required under the conditions of his release, to report himself to the Superintendent of the district in which he wishes to reside immediately on release and once in each month thereafter, and not to leave the district without the permission of the Superintendent. The conditions to which he subscribe before release are set forth below :-
The conditions are :-
1) That the said . . . . . . . . . . . . . . will, within fourteen days from the date of his release, present himself to the Superintendent, if he be absent to the Personal Assistant to the Superintendent, District Police Office, and will produce a copy of the conditions of his release delivered to him by the Superintendent of the . . . . . . . . . . . . . . . . jail.
2) That he will thence-forth report himself once in each month at such time and to such officer as he may be directed by the said Superintendent.
3) That he will not quit the said district of . . . . . . . . . . . . without the written permission of the said Superintendent.
4) That he will accept and fulfil the conditions on which such permission may be granted.
5) That he will not commit any offence punishable by any law in force in India.
6) That he will not associate with notoriously bad characters or lead a dissolute life.
7) That he will live honestly and peacefully and will endeavour to earn an honest livelihood.
1131. The following instructions are issued with regard to ex-convicts ordered to notify residence under Section 356 Criminal Procedure Code-
(1) Each Station House Officer is responsible for maintaining a correct list of ex-convicts ordered to notify residence in Form No. 118 which will be hung up in the station. The village notified and date of release will be entered from jail release lists.
Note :- This does not apply to Railway Police Station.
(2) When an ex-convict does not appear at the place notified within a reasonable time, the Station House Officer will report the fact to the Superintendent of Police for enquiry to be made.
(3) Ex-convicts ordered to notify should be watched in the same way as other dangerous criminals and their intended movements of which they should give notice and movements communicated by Enquiry Rolls.
(4) The certificate prescribed by Rule 7 of the Rules framed by Government is in Form No. 119. A copy of the certificate will be attached to the copy of the Station House Diary sent to the office and remain filed with it.
(5) (a) Prosecution of ex-convicts for breach of the rules should not be undertaken without the sanction of the Superintendent of Police or the Sub-divisional Police Officer.
(b) The offence falls under the second part of Section 176, Indian Penal Code.
(6) The Rules framed by the Government under Section 356 Cr. P.C. are as follows :-
(a) When an order has been passed under Section 356 of the Code of Criminal Procedure that a convict shall notify his residence and any change of residence after release for a specified term the court or Magistrate passing such order shall attach a copy thereof to the warrant of commitment issued under Section 418 of the Code in respect of such convict.
(b) A convict in respect of whom such an order has been passed shall when called upon by the officer in-charge of the jail in which he is confined, state before his release the place at which he intends to reside after his release, naming the village or town and the street therein. Intimation of such place of residence shall be given by the officer in-charge of the jail with the least practicable delay to the Director-General.
(c) After release and on arrival at his residence, a convict shall within twenty-four hours, notify at the nearest Police Station that he has taken up his residence accordingly.
(d) Whenever he intends to change his residence, he shall not less than two days before making such change, notify his intention at the nearest Police Station, giving the date on which he intends to change his residence and the name of the village or the town and the street in which he intends to reside and, on arrival at such residence, he shall, within twenty-four hours, notify at the nearest Police Station that he has taken up his residence accordingly.
(e) The officer recording a notification under either Rule 2 or Rule 4 shall appoint such period as may be reasonably necessary to enable the convict to take up his residence in the place notified. If the convict does not take up his residence in such place within the period so appointed, he shall, not later than the day following the expiry of such period, notify his actual place of residence to the officer-in-charge of the Police Station within the limits of which he is residing.
(f) Every notice required to be given by the foregoing rules shall be given by the released convict in person, unless prevented from doing so by illness or other sufficient cause in which case the notice required shall be sent by letter, duly signed by him, or by an authorised messenger on his behalf.
(g) Whenever the released convict gives any notice required by the foregoing rules, he will be furnished with a certificate to the effect that he has given such notice by the officer to whom he gives it.
(h) A copy of the order specified in Rule 1 shall be served on the convict before his release from jail. A copy of these rules shall be given to him, and the substance thereof fully explained to him in a language he understands. He shall also be informed for what period he is bound to observe these rules, and that any neglect or failure to comply with them will render him liable to punishment as if he had committed an offence under Section 176 of the Indian Penal Code.
(i) If a Convict in respect of whom an order has been passed under Section 356 of the Code of Criminal Procedure, shall have been released from jail without a copy of the said order having been served upon him, and the other formalities specified in these rules having been complied with, he may at any time while the order remains in force, be called upon by the police to report himself on a given day at a Police Station near the place where he is found, and on his reporting himself, the copy of the order shall be served on him and the other formalities prescribed in sub-order 2 above shall be complied with.
Note :- In applying the above rules to the case of a wandering man who has no ‘residence’ in the sense of a fixed place of abode, they may be reasonably interpreted as meaning that he resides at a place where he sleeps, even if he remains there only one night. On his release, he may, therefore, be asked under Rule 2 where he is going to stay and he may be told that if he moves about the country, he must always notify the place of his temporary abode to the Police.
1132. (1) Convicts conditionally released under Section 439 of the Criminal Procedure Code will be kept under surveillance in the same manner as those ordered to notify residence under Section 356 of the Criminal Procedure Code.
(2) The terms of conditional release are as follows :-
(a) That he will not commit any offence punishable by any law in the State of Karnataka.
(b) That he will not in any way associate with persons known to be of bad character or lead dissolute or evil life.
(c) That he will reside within the district of . . . . . . . . . . as the Magistrate of the district, from time to time, directs in that behalf and will not go beyond or absent himself from the limit of such place without the permission in writing of the Magistrate of the district or the Superintendent of Police.
(d) That unless and until he is exempted from doing so by the District Magistrate, he will report himself periodically at such time and place and to such person as may, from time to time, be prescribed by the District Magistrate or the Superintendent of Police of the District in which he is required to reside.
(e) That he will generally submit to and comply with the requirements of rules relating to the police surveillance to be exercised over conditionally released convicts for the time being in force.
1133. (1) The V.D.P. Dalapathi should give immediate information to the Station House Officer and to the nearest Police Outpost on the arrival within the limits of his village, of a wandering gang that makes exactions from villagers and commits depredation.
(2) On receipt of such information regarding the movements of wandering gangs the Station House Officer will cause enquiries and make a report to the Superintendent covering the following: -
i) The strength of the gang;
ii) The names, age and description as could be ascertained from members;
iii) The crime committed or annoyance caused by the gang at its last two or three halting places.
3) Should any members of the gang be armed without a licence, they should be disarmed in accordance with the provisions of the Arms Act.
4) Wandering gangs require close watching, as they are apt to be lawless and to terrorise the people.
5) If they commit offences or are unruly, they should be proceeded against for specific offences committed and under the security sections of the Code of Criminal Procedure.
6) In every case the Station House Officers of each district on the route to be taken by the gang should be informed as early as possible.
1134. The Police should take note of suspicious strangers. Station House Officers should arrange for a careful watch of strangers whose actions give rise to decided suspicion.
1135. (1) Copies of History Sheets of criminals who are to be watched by the outpost staff should be kept in the outpost. The Head Constable in-charge should send Bad Character Rolls Form ‘A’ regarding the movements of such criminals direct to the station concerned. All entries made in History Sheets at outposts should be copied into the original History Sheets kept in the station.
(2) Bad Character Roll Form ‘B’ should be kept in outposts for use when necessary.
1136 (1) When a person for whom a warrant has been issued is absconding and there is no immediate prospect of his arrest, or when a criminal for whom a History Sheet is maintained goes out of view, the Station House Officer should send a descriptive roll of the individual to the District Crime Record Bureau.
(2) These rolls will be published in a supplement to the Crime and Occurrence Sheet, the issues of the supplement being given consecutive serial numbers and page numbers. These lists will be termed ‘A’ lists (Form No. 120).
(3) In addition to absconding warrantees and ‘out of view’ criminals of the district, the District Crime Record Bureau will publish in its ‘A’ list the descriptive rolls of absconding warrantees and ‘out of view’ criminals of other districts and of persons published in the Criminal Intelligence Gazette, who are natives of, or likely to come to the district.
(4) ‘A’ lists will be filed separately in each station and from them the Station House Officer should compile in Form No. 120 a manuscript list in the regional language of persons likely to come to his station limits, which will be hung up in the station. The men in the station will be expected to learn the details of these persons.
(5) The names of persons, who have been arrested or whose arrest is no longer required, or who have been traced, will be published in the Crime and Occurrence Sheet proper in a list in Form No.121 which will be known as ‘B’ list. The ‘A’ list and manuscript list should be always kept up-to-date from the ‘B’ lists.