POWERS OF ARREST
1315. (1) Police officers derive their powers of arrest without warrant from Sections 41, 42, 60, 129, 151 and 432 of the Code of Criminal Procedure, 74 and 88 of the Karnataka Police Act, 1963 and the provisions in various other Central and State enactments. Every Police officer should be thoroughly conversant with those powers. No hard and fast rule can, however, be laid down as to the exact stage at which an arrest should be effected in the course of an investigation. If the offence is bailable, the arrested person shall be released on bail immediately after arrest.
(2) There is a provision in the Code of Criminal Procedure, 1973 seeking to protect members of the armed forces. According to section 45 no member of the armed forces of the Union shall be arrested for anything done or purported to be done by him in the discharge of his official duties except after obtaining the consent of the Central Government.
(3) Section 50 Cr.P.C. lays down that every Police officer or other person arresting any person without warrant shall communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest. Where the police arrests without warrant any person other than a person accused of a non-bailable offence, he shall inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf.
(4) Section 53 Cr.P.C. provides for examination of an arrested person by a registered medical practitioner under certain circumstances. The Police officers should take action accordingly when the circumstances warrant such an examination.
(5) Part III of the Constitution of India embodies certain fundamental rights which are guaranteed to the citizens. Article 22 of the Constitution relating to the protection of a person against arrest and detention is reproduced below :
(a) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied a right to consult and to be defended by a legal practitioner of his choice.
(b) Every person who is arrested and detained in custody shall be produced before the nearest Magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the Magistrate, and no such person shall be detained in custody beyond the said period without the authority of a Magistrate.
(c) Nothing in Clauses (1) and (2) shall apply
(i) to any person who, for the time being, is an enemy alien; or
(i) to any person who is arrested or detained under any law provided for
preventive detention;
(d) No law providing for preventive detention shall authorise the detention of a person for a longer period than three months unless -
(i) an Advisory Board consisting of persons who are, or have been or are qualified to be appointed as judges of a High Court, has reported before the expiration of the said period of three months that there is in its opinion sufficient cause for such detention;
Provided that nothing in this sub-clause shall authorise the detention of any person beyond the maximum period prescribed by any law made by (Parliament under Sub-Clause (b) of Clause (7); or
(ii) such person is detained in accordance with the provisions of any law made by Parliament under sub-Clauses (a) and (b) of Clause (7).
(e) When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order.
(f) Nothing in Clause (5) shall require the authority making any such order as it referred to in that clause to disclose facts which such authority considers to be against public interest to disclose.
(g) Parliament may by law prescribe -
(i) the circumstances under which and the class or classes of cases in which a person may be detained for a period longer than three months under any law providing for preventive detention without obtaining the opinion of an Advisory Board in accordance with the provisions of Sub-Clause (a) of Clause (b) ;
(ii) the maximum period for which any person may in any class or classes of cases be detained under any law providing for preventive detention; and
(iii) the procedure to be followed by an Advisory Board in an inquiry under Sub-Clause (a) of Clause (4)".
DISCRETION TO ARREST IN COGNIZABLE CASES
1316. (1) Section 41 of the Code of Criminal Procedure confers very wide powers on the police in order that they may act swiftly for the prevention or detection of cognizable offences without the formality and delay of having to go to a Magistrate for an order of arrest. These powers are discretionary and must not be used in simple bailable offences, unless there is reasonable apprehension that the accused may abscond. When there is 'reasonable suspicion' or 'credible information' of the commission of a serious offence or such an offence is about to be committed, arrest may be made. In instances where the position of the accused person and the nature of the charge against him render his arrest without warrant an unjustifiable hardship, application should be made to the magistrate to issue a process for his appearance.
(2) Arrest should not be made on the mere statement of complainants unless the investigating Officer is satisfied of the truth and reliability of the complaint.
INFORMAL DETENTION
1317. (1) Informal 'arrest' of an accused person and compelling him to remain in attendance are forbidden. If the presence of a suspect is secured, arrest must always be made in a formal manner as prescribed by law and, if the arrested person is not sent for remand, he should be released on bail.
(2) The Police cannot pursue their investigation by defying the provisions of law on the pretext that no actual arrest has been made when, to all intents and purposes, a man has been in their custody or in detention.
(3) The Police officer may, without arresting, keep a watch on a person and then arrest him if subsequent events justify such action, but no restraint can lawfully be exercised over a person so long as he is not arrested.
DIRECTION TO SUBORDINATE TO ARREST
1318. (1) When a Police officer in charge of a Police Station, or any Police officer making an investigation, is himself not able to effect the arrest of a person, he may, under section 55 of the Code of Criminal Procedure, depute any officer subordinate to him to arrest the person. When such a subordinate is deputed, the subordinate should be given an order in writing specifying the person to be arrested and the offence or other cause for which the arrest is to be made. The subordinate officer so required shall, before making the arrest, notify to the person to be arrested the substance of the order and, if so required by such person, shall show him the order. This section, however, does not take away the statutory power vested in all Police officers by Section 41 of the Code of Criminal procedure.
(2) An order issued to a subordinate officer to arrest shall be in From No. 130.
ARREST IN NUISANCE CASES
1319. When it is practicable to follow the procedure laid down in Section 42 of the Code of Criminal Procedure, persons accused of offences under the Karnataka Police Act, 1963, need not necessarily be arrested.
RE-ARREST OF A PERSON ARRESTED BY THE V.D.P. DALAPATHI
1320. When a person is arrested by the VDP Dalapathies and is forwarded to an officer in charge of the Police Station such officer is not authorised to arrest the person in question if the offence alleged does not fall within Section 41 of the Code of Criminal Procedure, and subject to the provisions of Section 42 of the Code, he must release him forthwith. In all probability, however, a VDP Dalapathi will rarely make an arrest, unless the offence imputed is not only of a cognizable, but also of a serious nature, and in that case the conditions of Section 43 of the Code being fulfilled, a fresh arrest must be made by the officer in charge of the Police Station on the analogy of the procedure prescribed in that section.
RE-ARREST OF A PERSON ARRESTED BY PRIVATE INDIVIDUALS
1321. (1) Section 43 of the Code of Criminal Procedure provides that a private person also can arrest:
(a) an offender who has committed a non-bailable and cognizable offence in his view or
(b) any proclaimed offender. He should then, without unnecessary delay, make over the person so arrested to a Police officer or, in the absence of a Police officer, take such person or cause him to be taken in custody to the nearest Police Station.
(2) When the arrested person is brought before a Police officer, the Police officer shall re-arrest him if he has reason to believe that such person comes under the provisions of Section 41 of the Code of Criminal Procedure.
(3) If there is reason to believe that the person produced has committed a non-cognizable offence and if he refused, on demand by a Police officer, to give his name and residence or gives name and residence which the Police officer has reason to believe to be false, the person produced shall be dealt with under Section 42 of the Code of Criminal Procedure.
(4) If there is no sufficient reason to believe that the person has committed any offence, he shall be released forthwith.
PLACE OF CONFINEMENT
1322. When a person is arrested, he shall be taken at once to the nearest Police Station. If it is necessary to detain him in a village, he should, if possible, be secured in the village chavadi or choultry and not kept in a private house, temple, mosque or church.
HINTS FOR THE GUIDANCE OF A POLICE OFFICER MAKING AN ARREST
1323. (1) When a Police officer proceeds to arrest a person and cannot identify him personally, he should secure the services of a person who knows the person to be arrested and should also provide himself, if available, with a photograph, a descriptive roll and the marks of identification of that person, as far as possible.
(2) The Police officer should be in uniform or, if in plain clothes, disclose his identify. He should arm himself with a revolver or other means of defence.
(3) Police parties engaged in anti-dacoity operations or similar duties likely to lead to arrests should carry handcuffs and leading chains to secure prisoners.
(4) The person to be arrested should be informed of the authority for making the arrest.
(5) The arrest should be effected without unnecessary violence or publicity.
(6) (a) According to Section 46 of the Code of Criminal Procedure, the Police officer making the arrest of a person shall do so by actually touching or confining the body of the person to be arrested, unless there be a submission to the custody by word or action.
(b) If the person to be arrested forcibly resists the endeavour to arrest him or attempts to evade the arrest, the Police officer may use all means necessary to effect the arrest, but not cause death, if he is not accused of an offence punishable with death or with imprisonment for life (Section 46 of the Code of Criminal Procedure).
(c) If the Police officer has reason to believe that the person to be arrested has entered into or is within any place, any person residing in, or being in charge of, such place shall, on demand by such Police officer, allow him free ingress and afford all reasonable facilities for a search (Section 47 of the Code of Criminal Procedure).
(d) If ingress to such place cannot otherwise be obtained, the Police officer may break open any outer or inner door or window of such a place and enter such place and search therein and make arrest, but before entering an apartment in the actual occupancy of a woman (not being the person to be arrested) not appearing in public, he shall give notice and afford every reasonable facility for her to withdraw (Section 47 of the Code of Criminal Procedure).
(e) A Police officer making arrest may break open doors or windows of any house or place to liberate himself or any other person authorised to make arrest, who is detained therein (Section 47 of the Code of Criminal Procedure).
(f) The person arrested shall not be subjected to more restraint than is necessary to prevent his escape (Section 49 of the Code of Criminal Procedure).
7. The following requirements are to be followed in all cases of arrest or detention:
(i) The Police personnel carrying out the arrest and handling the interrogation of the arrestee should bear accurate, visible and clear identification and name tags with their designations. The particulars of all such police personnel who handle interrogation of the arrestee must be recorded in a register.
(ii) The Police officer carrying out the arrest of the arrestee shall prepare a memo of arrest at the time of arrest and such memo shall be attested by at least one witness, who may either be a member of the family of the arrestee or a respectable person of the locality from where the arrest is made. It shall also be countersigned by the arrestee and shall contain the time and date of arrest.
(iii) A person who has been arrested or detained and is being held in custody in a police station or other lock-up, shall be entitled to have one friend or relative or other person known to him or having interest in his welfare being informed, as soon as practicable, that he has been arrested and is being detained at the particular place, unless the attesting witness of the memo of arrest is himself such a friend or a relative of the arrestee.
(iv) The time, place of arrest and venue of custody of an arrestee must be notified by the police where the next friend or relative of the arrestee lives outside the district or town through the Legal Aid Organisation in the District and the police station of the area concerned telegraphically within a period of 8 to 12 hours after the arrest.
(v) The person arrested must be made aware of this right to have someone informed of his arrest or detention as soon as he is put under arrest or is detained.
(vi) An entry must be made in the diary at the place of detention regarding the arrest of the person which shall also disclose the name of the next friend of the person who has been informed of the arrest and the names and particulars of the police officials in whose custody the arrestee is.
(vii) The arrestee should, where he so requests, be also examined at the time of his arrest and major and minor injuries, if any present on his/her body, must be recorded at that time. The "Inspection Memo" must be signed both by the arrestee and the Police officer effecting the arrest and its copy provided to the arrestee.
(viii) The arrestee should be subjected to medical examination by a trained doctor every 48 hours during his detention in custody by a doctor on the panel of approved doctors appointed by Director, Health Services of the State or Union Territory concerned. Director, Health Services should prepare such a panel for all tehsils and districts as well.
(xi) Copies of all the documents including the memo of arrest, referred to above, should be sent to the Illaqua Magistrate for his record.
(x) The arrestee may be permitted to meet his lawyer during interrogation, though not throughout the interrogation.
(xi) A police control room should be provided at all district and State headquarters, where information regarding the arrest and the place of custody of the arrestee shall be communicated by the officer causing the arrest, within 12 hours of effecting the arrest and at the police control room it should be displayed on a conspicuous notice board.
1324. (1) The I.O should open MOB files in respect of the criminals arrested in professional offences class I to IX.
(2) The MOB system is an up-to-date and readily available reference of “who is who” and all really active criminals, whether local or non-local and whether convicted, acquitted or suspected, as long as they are considered active.
(3) The Principle of MOB system is identification of professional offencers by certain peculiar behaviour in the commission of property crimes, with other details about the criminal. The MOB system with the MOB files of active criminals will serve as the readily available up-to-date modern scientific aid in the detection of property crimes.
(4) The MOB file is designed in such a way that it helps computerisation. The NCRB has issued a code book where physical peculiarities, trade marks etc., are listed. The SHO should go through this code book and be thorough with it.
(5) MOB files should be maintained in the Police Stations for professional offences as follows :
S0. No. 917
M.O.B. FILE
(For Professional Offences Class I to IX only)
INSTRUCTIONS:
1. This file is to be filled up in words and NOT in code. One copy is to be maintained in the PS and another to be sent to DCRB/CCRB for computerisation.
2. This card should be filled up by the I.O. when the offender is still in police custody. Extra sheets may be attached, if necessary.
3. Physical description should be filled up after close examination of peculiarities.
4. M.O. details of place, property, style, trade mark and transport should be entered after closely examining the case file and questioning the offender and verifying his statement.
5. Please remember that the more details you fill up, the more help the computer can provide to you in detecting professional offences.
1. M.O.B. File No. *(Dist./PS/Cr.No./Year and Sl.No.
(Please see Instructions in Page.7).
2. Type of Crime No.
(Please tick the relevant crime head).
I. Murder for gain/Dacoity/Robbery/Poisoning.
II. H.B.T. by Day/Night.
III. House Theft/Servant Theft.
IV. Ordinary Theft/Cycle Theft/Pocket Picking.
V. Cattle Theft.
VI. Receiving of Stolen Property.
VII. Cheating.
VIII. Counterfeit Currency Notes/Coins.
IX. Criminal Breach of Trust/Misappropriation /
Kidnapping/Sexual Offences.
3. Sections of Law
4. Name of the Criminal
5. Aliases: 1)
2)
3)
6. Age. . . . . . . . . . . . . . . . . Date (. . . . . . . . . . . . . )
7. Sex . . . . . . . . . . . . . (M/F)
8. Address
9. Father’s / Husband’s Name
10. Caste
11. F.P.B. Sl. No.
12. F.P.B. Classn. No.
13. Occupation
14. Educational Qualification
15. Native State
16. Native District
17. Brief facts of the case(s) involved (Use Additional space if necessary)
18. Physical Peculiarities : (Please refer Code Book Page Nos. 43 to 46)
1) Build 2) Height 3) Face
4) Complexion 5) Eyes 6) Nose
7) Lips 8) Ears 9) Chin
10) Hair 11) Beard 12) Moustache
13) Teeth 14) Speech 15) Chest
16) Back 17) Burn Marks 18) Deformities
19) Leucoderma 20) Mole 21) Scar
22) Tattoo Mark
19. Special Features of M.O.
Please Note: While filling this section refer to code book Pages 35 to 43 the description. Also furnish addition details which are not in the code book (Example: Trade Mark:- Placing Nails on the road to stop vehicles. Transport:- Maruthi Car, etc.)
A) Trade Marks 1
2
3
4
5
B) Style Assumed 1
2
3
4
5
C) Transport used 1
(Before and After 2
the Offence) 3
4
5
D) Places Attacked 1
2
3
4
5
E) Properties 1
Attacked/Stolen 2
3
4
F) Tools/Weapons used 1
(full description) 2
3
G) Dress used 1
2
3
H) Places of Assembling
a) Before the offence
b) After the offence
I) Clues left at or near the
scene of the occurrence.
(e.g. : Footwear, Weapons,
Fibre, Hair, Fingerprint,
Footprint, etc.)
J) Persons Attacked/Cheated
(e.g.: Children, Women,
Oldmen, Govt. Employees,
Passengers in Bus/Train, etc.)
K) Whether Operates Individually /
in Gang.
a) Strength of the Gang.
b) Cross reference of MOB.
Card Numbers.
L) Local or Interstate Gang.
M) Languages used during 1
the offence. 2
3
20. Sphere of Operation Address, if any
A.
B.
C.
D.
E.
21. Accomplices Address
A.
B.
C.
D.
E.
F.
22. Receivers’ Names Address
A.
B.
C.
D.
E.
23. Habits & Vices 24. Identifying Police Officer’s
Name(s) & Designation(s)
A. A.
B. B.
C. C.
D. D.
E.
25. Present Whereabouts of the Criminal (Tick the relevant item)
A. In Judicial Custody B. In Police Custody C. On Bail
D. Out of View E. Present F. Absconding
26 Previous Crime Particulars
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District,Police Stn., Crime No./Year & Section of Law |
Property in-volved & Value |
Property recovered & Value |
Stage of the Case |
Final Disposal of the Case including Conviction particulars |
Name of the Jail & expected date of Release |
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A
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B
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C
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D
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E
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F
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27. Enclosures: 1. F.P. Slip 3. Facts of cases (in brief)
2. Foot Prints 4. Voluntary statement of accused
28. Signature and name of the Officer
filling this card.
29. Computerised on . . . . . . . . . . . . . . . . .
and record filled By DCRB/CCRB.
30. Date of return to S.H.O. due to
inadequate data.
Instructions:
1. While entering MOB. File No. Name of the District and Police Station (in words) Crime No. and Year (in numerals) should be entered along with the Serial Number of the accused (if there is only one accused, the number will be “1” e.g., Kolar/Mulbagal/32/93/1)/
2. If the criminal is involved in other offences subsequently, please continue to use the original MOB. File Number. In such cases, columns where there is no changes (Personal Particulars) need not be filled up.
Col 1 to 17 - Self Explanatory.
Col. 18 – Physical peculiarities are to be mentioned in this column. Page numbers 43 to 46 of the NCRB Code Book mention the physical peculiarities and this Column has to be filled in accordingly.
Col. 19 – Special features of Modus Operandi – While filling this section page numbers 35 to 43 of the NCRB Code Book should be referred to for the description. Also additional details which are not in the code book should be furnished. For example, trade mark, placing nails on the road to stop vehicles. Transport – Maruthi car etc.
Col 20 to 30 – Self-explanatory.
Special care should be taken while filling in this form. While entering the MOB file number, name of the District and Police Station (in words), crime Number and year (in numerals) should be entered along with the serial number of the accused.
3. If the criminal is involved in other offences subsequently, continue the use of original MOB file number. In such cases, columns where there is no change (personal particulars) need not be filled up. It should be remembered that the more details you fill up, the more help the computer can provide in detecting professional offences.
USE OF FIRE-ARMS IN MAKING ARREST
1325. (1) Where a person forcibly resists the endeavour to arrest him, or attempts to evade arrest, as already mentioned in Order 1323 (6) (b), the Police officer making the arrest may use all means including the use of fire-arms, necessary to effect the arrest. But, according to Sub-Section (3) of Section 46 of the Code of Criminal Procedure, the police have no right to cause the death of a person who is not accused of an offence punishable with death or life imprisonment.
(2) However, Police officers are not prevented from exercising the right of private defence of the body provided under Section 109 of the Indian Penal code, extending to the voluntary causing of death or of any other harm to assailant, if the offence which occasions the exercise of the right be (a) such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault or (b) such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such assault. In such a case, while exercising the right of private defence, the Police officers may use fire-arms to overcome the resistance.
Attention is drawn to S.O.944 regarding Police encounters resulting in death.
1326. When an accused person is placed under arrest, the investigating Police officer shall ask him whether he has any complaint to make of ill-treatment by the police and shall enter the question and answer in the case dairy. If an allegation of ill-treatment is made, the investigating officer shall then and there examine the prisoner's body, if the prisoner consents, to see if there are any marks of ill-treatment and shall record the result of his examination. If the prisoner refuses to allow his body to be examined, the refusal and the reasons therefor shall be recorded. If the allegation of ill-treatment comes within the purview of Order 193, then the action indicated therein shall be taken. In other cases, which do not come under the said order, enquiries shall be made to ascertain the truth or otherwise of the allegation and necessary action taken. While the allegation is being enquired into by a Magistrate under the said order, the Police investigation into the main case need not be suspended but may be carried on, provided to prejudice is caused thereby to the Magisterial inquiry.
SEARCH OF PRISONER
1327. (1) Prisoners, who are not enlarged on bail, shall be searched immediately after the arrest to ensure that they do not carry with them any weapon or drug. If any weapon or drug is seized, it should be sent to court. In the case of a woman, the search should be conducted by another woman with due regard to decency under Section 51 of the Code of Criminal Procedure.
(2) every prisoner shall be searched as soon as he is brought to the station and before he is admitted to the lock-up, as also on every occasion when he is readmitted to the lock-up after being taken out. All property found on their persons, except the necessary wearing apparel, shall be sent to the Magistrate with Form No.131. The removal of a sacred thread, thali, wedding ring, or the sacred lingam worn by Lingayats from the person of a prisoner is prohibited. A list of the property, omitting the wearing apparel retained by the prisoner, shall be entered in the Prisoners' Search Register (Form 132), which shall be signed by the senior Police officer, the station writer and the prisoner. The description of the prisoner shall also be recorded in the Search Register. For instructions as to how the description should be recorded, Order 974 may be seen.
PRISONERS IN POLICE CUSTODY
1328. (1) (a) A Prisoner in police custody shall not be permitted to leave the lock-up after nightfall, except in special and emergent circumstances and that with adequate escort, which shall be recorded in the Station House Diary and the Sentry Relief Book. A prisoner in police custody prior to remand is entitled to see a pleader and his relations.
(b) Whenever any punitive action is taken or contemplated against a foreigner, he should be provided with facilities, if he so desires, to communicate over the telephone or by telegram or letter, with the Consul or High Commissioner of his Country or his representatives, as the case may be.
1329. He should not at any time be allowed to talk to members of the public.
Attention is drawn to Standing Orders 937 and 945 in this context.
ARREST REPORTS
1330. An arrest report in Form No.69 will be sent, as required by Section 58 of the Code of Criminal Procedure, by the Station House Officer to the concerned magistrate as soon as possible in all cases of arrest without warrant made within his jurisdiction, whether admitted to bail, or sent for remand.
ARREST OF RAILWAY OFFICIALS
1331. (1) The exercise by the railway police of the power of arrest without warrant given to them by Section 131 of the Indian Railways Act for offences under Section 101 of the same act is discretionary. It should be exercised only in extreme cases, as for instance when
(a) there has been loss of life or serious injury to a person; or
(b) a person is caught in the commission of a grave offence; or
(c) the accused is likely to abscond or to continue to endanger the safety of the public.
(2) When an arrest is made without warrant, immediate intimation of such arrest must be given to the local head of the railway employee’s department.
(3) Under ordinary circumstances, no immediate arrest is necessary. A warrant should be applied for in the usual manner, the police maintaining a watch over the movements of the accused, where this precaution is deemed necessary.
(4) It is incumbent upon the officers of any railway department to relieve from duty any railway employee whose arrest is required. If, in any case, the duty upon which the person to be arrested happens to be engaged is such that his immediate arrest would cause risk or inconvenience, the police should make all arrangements necessary to prevent his escape and apply to the proper quarter to have him relieved. The fact of the arrest of a railway employee, when off-duty, or when not engaged in a duty which renders his immediate arrest undesirable should be reported at once to the local head of the department to which he belongs. These guidelines apply to the arrest of employees of all other departments of essential services too.
ARREST OF ORDNANCE FACTORY EMPLOYEES
1332. Arrest of an employee of an ordnance factory owned or sponsored by the Government should be notified immediately to the Superintendent/Officer-in-charge of the factory.
ARREST OF CENTRAL AND STATE GOVERNMENT AND QUASI GOVERNMENT SERVANTS
1333. When a Central Government servant of any department or a State Government servant or a quasi-government servant is arrested or removed by the Police;
(1) intimation of arrest should be sent immediately to the higher officer (of the person) available in the district with a copy to the immediate superior officer (of the person) if, in any case, prior warning could not be given; and
(2) this should be followed by more detailed report of the offence committed together with an indication as to whether the arrested person is being released on bail or bound by the Police.
It is also desirable, wherever it is practicable, to send prior intimation of the arrest of such an officer. Such intimation may be sent to his immediate superior officer or the officer in-charge of the installation or department. The intimation must be treated as secret.
ARREST OF GOVERNMENT SERVANTS BELONGING TO THE OPERATIONAL STAFF BY POLICE
1334. When a Government servant belonging to the operational staff of a department of the Central or State Government, e.g., railway staff like Station Masters, Assistant Station Masters, guards, drivers, and train control staff, or Electricity Department staff like substation attendants, is to be arrested, prior intimation should be given secretly to his immediate superior, as a rule. The intimation should be followed by a more detailed report of the offence committed together with an indication as to whether the arrested person is being released on bail or bound by the police. Departure from the procedure should be made only in very exceptional cases and even in such cases, intimation should be given to the superior officer immediately after the arrest of the Government servant.
ARREST OF EMPLOYEES OF FOREIGN DIPLOMATIC/CONSULAR MISSIONS
1335. In the event of the arrest of an Indian employee of a Foreign Diplomatic/Consular Mission, intimation should immediately be given to the Foreign Diplomatic/Consular Mission through the Government.
ARREST OF FOREIGNERS
1336. When a foreigner is arrested, reports as required under Order 908 should be sent.
ARREST OF MILITARY EMPLOYEES
1337. (1) In the event of the arrest by the police of a person subject to military, naval or air force law, charged with the commission of an offence, as early an intimation as possible of the fact must be given to his Commanding Officer so as to enable him to adopt in time, any measure he may think necessary for the arrested person's defence. The provisions of section 45 Cr.PC should be borne in mind.
(2) Subject to Sub-Order (1) above, the person so arrested shall be dealt with in all respects like any other person in the matter of the investigation of the offence in respect of which he is arrested. The question as to whether he is to be tried by a court martial or a court functioning under the Code of Criminal Procedure is one for decision between the Commanding Officer and the Magistrate before whom he is brought by the police, in accordance with the rules made by the Government of India under section 475 of the Code of Criminal Procedure.
(3) When any investigation, search or arrest is contemplated within the military lines, the Police officers concerned should inform the concerned officers and, so far as circumstances permit, previous notice should be given by them confidentially to the Officer Commanding, Adjutant or Orderly Officer concerned.
ARREST OF INDIAN ARMY RESERVISTS
1338. When a reservist of the Indian Army is arrested and remanded on a criminal charge, the facts of arrest and remand will at once be reported to the Director General with information as to the military unit to which the man arrested belongs. When the case is over, its result and in the event of conviction, the period spent in jail by the accused while under trial prior to conviction and the sentence awarded will be reported. The information so reported will be communicated by the Director General to the appropriate military authority.
ARREST OF MEMBERS OF PARLIAMENT AND STATE LEGISLATURE
1339. When a member of the Lok Sabha or the Rajya Sabha or of the State Legislative Assembly or Council is arrested on a criminal charge or for a criminal offence or is detained under an executive order, the fact of the arrest or detention shall be communicated by the Station House Officer immediately to the Speaker of the Lok Sabha or the State Legislative Assembly or the Chairman of the Rajya Sabha or the State Legislative Council, as the case may be, indicating the reasons for the arrest or detention as also the place of detention of the Member in Form No.133 and copies of the communication shall be sent simultaneously to the Director General, the Inspector General, MSW & MS, (Technical Services) Additional Director General (Intelligence) and Range IGP having jurisdiction and Superintendent of Police through the SDPO/ Circle Inspector.
NOTE :- 1. The arrest report required by law to be sent to the jurisdictional Magistrate should not be delayed under any circumstances and should be accompanied by a copy of the report sent to the Superintendent as required in the above order.
2. When a member referred to in this order is arrested and after conviction released on bail pending an appeal or otherwise released such fact shall also be intimated to the presiding officer concerned specified in the above order by the Police officer concerned, in Form 134 and copies sent simultaneously to all the officers referred to in the order.
1340. No arrest shall be made of any member nor any legal process, civil or criminal, be served within the precincts of the House without obtaining the permission of the Speaker/Chairman.
1341. All communications addressed by a member of the state Legislature or of Parliament who is under arrest and in custody of the police to the Speaker or Chairman of a Committee (including a Committee of Privileges) of such House or of a Joint Committee of both Houses of the State Legislature or of Parliament, as the case may be, shall be immediately forwarded by the Station House, Officer, directly to the Secretary to Government, Home Department, Vidhana Soudha, Bangalore, so as to be dealt by the Government in accordance with the rights and privileges of a member of the House to which he belongs.
CASES OF ESCAPE FROM BORSTAL OR CERTIFIED SCHOOLS - APPREHENSION AND PROSECUTION
1342. When any inmate of a Borstal or a Certified School who had escaped there from is arrested, the officer-in-charge of the police station within the limits of which the inmate is arrested shall be held responsible for returning the inmate forthwith to the institution from which he or she escaped. A prosecution shall not be launched against an inmate for escaping from a Borstal or Certified School except with the District Magistrate's (executive) concurrence. In the case of persons who have escaped from Certified Schools, sanction to prosecute will only be accorded in aggravating circumstances of a serious nature. While the necessity for giving full consideration to the question of prosecuting an inmate who has escaped from a Borstal School is the same as in the case of pupils escaping from Certified Schools, the age, character and conduct of the inmate should always be taken into account and will be the deciding factor. Necessary particulars must, therefore, be furnished when an application is made for the prosecution of an inmate.
POLICE LOCK-UPS AND TREATMENT OF UNDER TRIAL PRISONES
1343. (1) Two carpets and three blankets are supplied for the use of prisoners in each police lock-up.
(2) These articles will be treated as station property and the officer-in-charge of the Station or outpost will be responsible for their issue of such of the prisoners as do not provide themselves with their own bedding.
(3) The police lock-up, if it contains a prisoner or prisoners, shall be unlocked at day-break. The bedding of the prisoners shall be at once brought outside, well shaken and left for some hours in the sun.
(4) The night vessels shall be removed and the lock up thoroughly cleaned.
(5) The prisoners shall be taken to the latrine and shall be allowed to watch. They shall be fed daily at 10 a.m. or earlier, if necessary, in time to be taken to court after meals, and again at 5 p.m. If prisoners are not brought to the station till after the hours prescribed for meals, they should be fed as soon as possible after they are confined.
(6) Officers-in-charge of police stations and officers-in-charge of guards will be held personally responsible for seeing that these orders are carried out.
(7) Prisoners are not to be subjected to needless indignity or harsh treatment. At district headquarters, prisoners should be conveyed from jail to court and back in a police van, where such a van has been provided. Prisoners whose confessions are to be recorded should be taken to the court from the jail in a police van, when available, escorted by warders as a special case. In places where there is no police van, but where bus is available, under trial prisoners should be conveyed by bus, irrespective of the distance to be travelled, provided that the number of prisoners to be taken at a time is small and can be controlled easily and provided also that their presence in the bus does not cause inconvenience or annoyance to members of the public using it. In places where none of the above modes of conveyance is available, under trial prisoners, who are persons of good social position and are accustomed to use a conveyance, may be allowed a conveyance, provided their safe custody is not endangered. The same procedure should be followed in the case of prisoners who are certified by the Medical Officer to be physically unfit to walk. In other cases, prisoners should go on foot except in the cases noted below. No prisoner should, however, be compelled to march on foot more than fifteen miles in 24 hours.
EXCEPTIONS
1344 (1) When convicted prisoners are escorted along with under trial prisoners, the former may be conveyed by the motor bus in which the latter are conveyed, irrespective of the distance to be travelled, in order to avoid the inconvenience and expense of providing a separate escort for them.
(2) Whenever women prisoners have to be escorted by road, they should be provided with a conveyance, where the distance to be traversed by them exceeds one mile. Conveyance may also be provided for shorter distance in cases in which, for reasons of health or custom or for other valid reason, failure to make such provision would cause undue hardship to them.
USE OF HANDCUFFS
1345. (1) No person shall be handcuffed who, by reason of age, sex or infirmity can be easily and securely kept in custody without handcuffs.
(2) No person arrested by a Police officer or remanded to custody by a Magistrate, on a charge of having committed a bailable offence shall be handcuffed, unless for some special reasons, it is believed that he is likely to escape.
(3) When an accused is in court during the trial, he must be held to be in the custody of the court. If an accused is so dangerous that it is necessary to handcuff him, representation should be made to the court, and the court will issue proper instructions in the matter. Accused persons while in court during trial should not be handcuffed except with the permission of the Court.
(4) Under trial prisoners and other accused persons shall not be handcuffed and chained, unless there is a reasonable expectation, either from the heinous nature of the crimes with which they are charged or from their character or behaviour that such persons will use violence or will attempt to escape or that an attempt to escape or that an attempt will be made to rescue them. The same principle shall be applied to convicts proceeding in public places in police custody. The decision as to whether handcuffs and chains should be used or not will ordinarily lie with the Station House Officers, or, in his absence, with the officer next below him in seniority. Whenever a Police officer considers it necessary to use handcuffs and chains on these persons, he should record his reasons in writing for doing so. As far as possible, the police escort shall, in each case, be sufficiently strong to prevent such persons escaping or giving undue trouble.
(5) Whenever accused, but unconvicted, persons are handcuffed, the fact and the reasons for it shall be stated in the Station House Diary and the Sentry Relief Book.
(6) Whenever it is considered necessary to handcuff the accused but un-convicted persons confined in a sub-jail, when they are taken out in the precincts of the sub-jail for food or exercise, the orders of the Superintendent of Sub-Jail should be obtained in a register in Form No.135 to be kept by the officer-in-charge of every sub-jail guard, in which applications for handcuffing of prisoners should be made by the guard. Successive application and orders of the Sub-Jail Superintendent should be in the form of running notes. The book should be retained with the Sub-Jail guard and produced at the time of every inspection.
(7) In regard to refractory, violent or dangerous prisoners, the officer-in-charge of the sub-jail guard or the senior Police officer present may impose handcuffs, in case where the orders of the Superintendent of the sub-jail cannot be obtained in time, provided that the fact shall be reported to the Superintendent at once and an entry made in the Sentry Relief Book.
(8) Under-trial prisoners or accused persons in hospital should not be handcuffed except in consultation with the Medical Officer. In no case should prisoners or accused persons who are aged and bedridden in hospital or women prisoners, juvenile prisoners or civil prisoners be handcuffed or fettered.
SICK PRISONERS
1346. When a prisoner arrives at a police station seriously ill, medical aid should be called in, if available. When not available, the prisoner should be sent by the quickest conveyance available, if his condition admits of it, to the nearest police station on the line of march where medical assistance can be produced.
SCALE OF ACCOMMODATION FOR PRISONERS
1347. The maximum number of prisoners that can be confined in a lock up should, in each case, be fixed by the Superintendent in consultation with the Executive Engineer, Public Works Department having regard to the accommodation available therein. A notice in Kannada should be hung up outside the lock up, showing the maximum number of male or female prisoners who may be confined in it. The number so fixed shall never be exceeded; any excess over the authorised number shall be accommodated in any convenient building under adequate guard.
(2) For purposes of the above order, 500 cubic feet of breathing space and 40 square feet of ground space should be taken as the minimum requirements for each prisoner to be accommodated in a police lock up.
CONFINEMENT IN LOCK UPS OF PRISONERS CONCERNED IN OTHER DEPARTMENTS
1348. (1) When a prisoner escorted by officers of the Customs or other departments is brought for confinement in a police lock up, the Police officer responsible for it, shall, in the event of there being no prisoner in the lock-up, hand its key over to the Customs or other departments as the case may be in charge of the escort and the officers of these departments will be responsible for the prisoner's safe custody.
(2) When other prisoners are in the lock up, the prisoner concerned in the Customs, or other department shall be confined with them and the police in charge of the lock up will be responsible for the prisoner's safe custody.
(3) In all circumstances, the duty of supplying the prisoners with food and guarding him when outside the lock up, shall lie with the Department which arrested the prisoner.
ESCAPES FROM CUSTODY - REPORTS
1349. (1) Whenever an accused or other prisoners escape from police custody, a report by police wireless or teleprinter/fax in addition to Telephonic message shall immediately be sent by the Superintendent/Commissioners to the Director General.
(2) The wireless or teleprinter message or Fax shall immediately be followed by a detailed report furnishing the circumstances under which the person escaped, the action taken to apprehend him, the person or persons responsible for the escape, the action taken against them, and other relevant particulars.
(3) Superintendents and the Commissioner shall send to the Director General every month a return of persons who escaped from police custody during the previous month. This return shall be in Form No.136 and shall reach the Director General before the 5th of the month following the month to which it relates. With the monthly return shall be furnished information about prisoners who had escaped during the previous month and who have not been re-arrested and about further developments, if any, in such cases.
(4) Copies of both the reports and the returns shall be sent by the Superintendents to the Inspector General/Deputy Inspector General.
(5) The above orders apply also to juvenile convicts.
REMAND
1350. (1) When an investigation cannot be completed within 24 hours fixed by Section 57 of the Code of Criminal Procedure after the arrest of an accused person and the Station House Officer or the investigating Officer not below the rank of Sub Inspector finds that in the interest of investigation, further detention of the arrested person in custody is essential, he must forward the person in custody to the nearest judicial magistrate whether or not he has jurisdiction to try the case, with a report giving reasons for further remand. The report should be supported by copies of case diaries. The Magistrate to whom an accused person is forwarded under section 167 of the Code of Criminal Procedure may, whether he has or has no jurisdiction to try the case, authorise the detention of the accused in such custody as he thinks fit for a term not exceeding fifteen days and if he has no jurisdiction to try the case or commit it for trial and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction.
(2) The Magistrate may authorise detention of the accused person, otherwise than in custody of the police, beyond the period of fifteen days if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this section for a total period exceeding 90 days where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than 10 years, and 60 days where the investigation relates to any other offence and on the expiry of the said period, the accused person shall be released on bail if he is prepared to and does furnish bail. Whenever an application for the remand of an accused person is made, the investigating officer should invariably produce the accused before the Magistrate.
(3) If during the period of remand to police custody, the police complete the investigation and find that there is no ground for sending up the accused to a Magistrate for inquiry or trial, it is not open to the police to release him on bail under section 169 of the Code of Criminal Procedure. The proper course for them is to send the accused back to the Magistrate concerned or request him to release the accused on bail under Section 437 of the Code of Criminal Procedure.
(4) If the investigation is too long or complicated to be finished within the period prescribed, a provisional charge sheet based on such evidence as has been collected should be sent to the Magistrate having jurisdiction to inquire into or try the case and continue his investigation to collect further evidence in support of the charge. All fresh evidences collected be produced before the conclusion of trial of that case.
(5) An accused who has been produced before a Magistrate for the purpose of making a confession and who had declined to make it or has made a statement which from the point of view of the police is unsatisfactory, is liable to be remanded to jail and Investigating Officers should not, except in the presence of the Magistrate, see the accused again or have any communication with him.
6) A prisoner should not be removed from one place of confinement to another for purposes of identification. The attendance of any person believed to be cognizant of the prisoner's identity should be secured.
(7) Sundays and other holidays are not excluded from the time limit allowed under section 61 of the Code of Criminal Procedure for production of prisoners before a Magistrate for remand.
REMAND TO POLICE CUSTODY
1351. (1) Investigating Officers should not apply for remands to police custody unless there is good ground for doing so. A general statement that the accused may give further information or that a statement already made by him required verification shall not be considered a good ground for remand to police custody. The presence of the accused with the police may become necessary when he offers to point out stolen property, or property taken in the offence or weapons or other articles with which the offence was committed or when it is necessary to ascertain whether persons along the route supposed to have been taken by the accused or injured person, will recognise the accused. Whenever such or other good and sufficient reasons exist for applying for remand to police custody, such reasons should be clearly stated in the case diary presented to the Magistrate and the remand applied for should be for the shortest possible period.
(2) When the conditions justifying a remand to police custody exist, the Station House Officer shall forward the accused to the nearest Judicial Magistrate (whether or not he has jurisdiction to try the case) together with a copy of his case diary and report the matter to the Assistant Superintendent/Deputy Superintendent or the Superintendent, as the case may be.
(3) The Investigating officer should be extremely careful while requesting for remand to police custody. An application for such remand should be for the shortest possible period. The grounds upon which the remand is needed should be distinctly stated in the application to the Magistrate.
CLASSIFICATION OF UNDER TRIAL PRISONERS IN JAILS INTO HABITUALS OR CASUALS
1352. (a) (1) There will be two classes of under trial prisoners classified according to their previous standards of living. During the period prior to the production of a prisoner before a competent Court, the classifying authority will be the officer in charge of a Police Station.
(2) Under Rule 202 and 203 of the Karnataka Jail Manual it is primarily the duty of the convicting court to classify a convict as a habitual or casual. The classification adopted by the court shall be noted by it on the warrant of commitment of each prisoner.
(3) Station House Officers and Inspectors should invariably offer all assistance to a court, if required, to enable it to come to a correct decision regarding a convict's classification, and they will note in the diary reporting the conviction of every case what classification the court adopted. Should they be of opinion that the classification is wrong they should state the fact and give their reasons to enable the Superintendent to make such representation to the court as he considers necessary.
POLICE TO GIVE INFORMATION WHETHER AN UNDER TRIAL PRISONER IS A FIRST OFFENDER
(b). Under trial prisoners who have been in jail before should be segregated from those committed to jail for the first time. To enable the Jail Superintendents concerned to arrange this segregation, the Station House Officer sending the prisoner for remand shall enter in the passport of the escorting constables whether the prisoner has been convicted before or if such information is not available, he shall state so.
PHOTOGRAPHING OF UNDER TRIAL PRISONERS
(c) The photographing of under trial prisoners is absolutely forbidden.
MILITARY DESERTERS - APPREHENSION OF
1353. (1) Military units and formations have instructions from the Ministry of Defence, Government of India to report about a military deserter's absence without leave, by express letter to -
(i) the local police,
(ii) the local railway police,
(iii) the Superintendent of the District to which the deserter/absentee belongs.
(iv) the Deputy Commissioner of the district to which the deserter/absentee, belongs,
and
(v) the Inspector General, MSW & MS (Technical Services)
(a) in which the desertion/absentee occurs;
(b) to which the deserter/absentee belongs
(2) In case of -
(i) desertions with arms
(ii) collective desertions, with or without arms, and
(iii) where it is considered the desertions/absences are due to subversive activities, reports will be made by the military unit/formation to the Deputy Inspector general, Intelligence of the State, where the desertions/absences occur and of the State to which the deserter/absentee belongs, by signal followed by an express letter in confirmation.
(3) Military units and formations have instructions to send desertion reports in a prescribed form.
(4) On receipt of a report of desertion/absence by the Superintendent of the native district of the deserter/absentee, the report should be sent in original to the Police Station in the jurisdiction of which the deserter/absentee has been shown in the report to have his home.
(5) On receipt of a report of desertion/absence whether direct from the military unit or formation or through the Superintendent, every possible effort should be made by the local police receiving the report, to trace the deserter/absentee, as soon as possible.
(6) In cases of reports, received through the Superintendent , the Station House Officer will keep the former informed periodically of the efforts made to trace the deserter/absentee.
(7) When a deserter/absentee is apprehended or surrenders himself, the Station house Officer, who effects the arrest or accepts the surrender will -
(i) send immediate information to the nearest regimental centre or military unit given in the list below, and
(ii) arrange the despatch of the deserter/absentee to the centre/unit in question under civil police escort as early as possible.
DESERTERS/ABSNTEES APPREHENDED BY OR SURRENDERED TO THE CIVIL POLICE ARE TO BE HANDED OVER TO THE NEAREST MILITARY FORMATION
(8) The deserter/absentee shall under no circumstances be detained in civil jails. They may, however, be kept in the station house lock up for as little time as possible.
(9) The escort shall be given an apprehension certificate in Form I.A.F.D. 910, which has been printed by the Defence Department, copies of which may be obtained from the nearest military formation/unit. The certificate shall be handed over to the Centre/Unit along with the deserter/absentee.
(10) The original desertion/absence report shall also be given to the escort, which shall also be handed over to the Centre/Unit along with the deserter/absentee. A copy of the report shall be retained by the Station House Officer
.
(11) The apprehension certificate must be signed by the Station House Officer himself and by no other persons.
(12) On return of the escort to the Police Station after handing over the deserter/absentee to the Centre/Unit, the Station House Officer shall make out a bill (in duplicate) covering the escort charges and send it to the Superintendent along with certified copies of the desertion/absence report and the apprehension certificate.
(13) The Superintendent after verifying the bill, shall send a copy of the bill and its enclosure to the District Treasury Officer for raising a debit against the controller of defence accounts concerned through the Accounts General.
(14) When apprehending deserters/absentees, care should be taken not to arrest persons who are in possession of railway warrants and leave passes and apparently on their way to rejoin their units, unless such leave passes show that they have over stayed their leave by atleast ten days. The local police should not in any instance take away soldiers leave passes or railway warrants.
(15) The following entries should be made in the station house diary of the station :-
(i) the receipt of a desertion/absence report, either direct or through the Superintendent;
(ii) periodical entries regarding efforts made by the Station House Officer to trace the deserter/absentee.
(iii) the final tracing of the deserter/absentee, giving a reference to the entry regarding the receipt of desertion/absence report, arrangements made for the despatch of the deserter/absentee to military unit/centre name and number of the escort constable, and
(iv) on return of the escort constable, his statement as to whom he handed over the deserter/absentee and when.
(16) The following are the general instructions regarding the steps to be taken by the Station House Officers to trace a deserter/absentee :-
(i) the home of the deserter/absentee should be checked up to see if he has come there.
(ii) the relatives of the deserter/absentee should be questioned, if they had received any communication from him, whether he has any other relatives and/or friends who he is likely to visit, etc.
(iii) such other places he is likely to visit as given by his relatives should also be checked up,
(iv) the neighbours to the house of the deserter/absentee and village officers of the village should also be questioned to find out whether he had come there and whether his relatives are shielding him from being apprehended by the police, and
(v) the concerned beat constables should be given information about the description of the deserter/absentee and other particulars and they be asked, to keep a look out for the deserter. The above instructions are not comprehensive. Other steps necessary should also be taken and it must be ensured that the deserter/absentee is traced with the least possible delay.
(17) The above instructions apply mutatis mutandis to the City Police also.
BAIL IN NON-BAILABLE CASES
1354. Police officers are empowered to grant bail under Sub-Section (2) of Section 42 and under Sections 169, 170, 436 and 437 of the Code of criminal Procedure.
STATION HOUSE OFFICER ALONE CAN GRANT BAIL
1355. The Station House Officer is empowered to grant bail under sections 436 and 437 of the Code of Criminal Procedure, but an Investigating Officer may send a person to him with a recommendation to be released on bail. A Station House Officer or the Investigating Officer is empowered to release an accused person under Section 169 of the code of Criminal Procedure. Bonds under which accused are released on bail should be executed in favour of Government. Bail bond in Form No.89 should be used. When, on investigation, there is no sufficient evidence or reasonable suspicion to justify the forwarding of the accused to a Magistrate, the Station House Officer or the Investigating Officer should release him on bail, if he is in custody.
ANTICIPATORY BAILS :
1356. Section 438 Cr.PC provides for grant of anticipatory bail. When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section, and the court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail subject to certain conditions.
BAILABLE WARRANTS - PRODUCTION FOR REMAND
1357. In bailable cases, bail is a right and not a favour, detention in the lock-up is the alternative, not the original order. The bail demand should never be excessive but should be fixed with reference to the social status of the prisoner and the character of the offence.
1358. A person arrested under a bailable warrant should not be compelled to come to the Police Station to give bail. The Officer executing the warrant should take necessary bail bond form with him and take bail, where offered, and release the warrantee.