(BIHAR ACT 1, 2007)
BIHAR POLICE ACT
Introduction
That, promotion and respect of the human rights of individual and protection
of their civil, political, social, econo mic- and cultural rights is the first
responsibility of the law;
And ,that, it is the constitutional res ponsibility of the state to provide an
impartial and capable police services for the protection of the interests of the
weaker section of the society incl uding the minorities and respect the
democratic sentiments of the citizens;
And, that, for such a purpose it is necessary that the police personnel are
professionally organized, service orie nted free from outside influences and
accountable to the law;
And, that, keeping in view the challenges emerging before the police and the
security of the state, administration of good governance and the respect of
the human rights ,it is necessary to re define the role of the police, their
duties and responsibilities;
And, that, it is necessary to appropriat ely strengthen the police so that it is
capable of working as an efficient ,effective, people friendly and
accountable agency;
Therefore, to provide for the estab lishment and management of the police
service, now, it is necessary that a new law is enacted as follows.
Be it enacted by Bihar State Legislatur e in the Fifty-eighth year of the
Republic of India.
Chapter I
Preliminary
1. Short title, extent and commencement;
(a) This Act may be called The Bihar Police Act,2007
(b) It shall come into force on such date as the state government may, by
notification, appoint.
(c) It extend to the whole of the state of Bihar
2. Definitions.
(1) In this Act, unless the context otherwise requires,-
(a) “Act” means the Bihar Police Act, 2007.
(b) “Cattle” means cattle having horns, elepha nts, camels, horses, mares,
ponies, sheep, goats, and pigs.
(c) “Rebel” means armed struggle including any political design against
the state by a group or class of the population with a view to
disintegrate any part of India
(d) “Internal security” means protection of sove reignty and integrity of
the state from separatists and anti-national elements within the state;
(e) “Militant activity” includes violent activities by any group using
explosives ,inflammable materials, fi re arms or other deadly weapons
or hazardous materials in order to achieve their political objectives;
(f) ‘Organized Crimes” includes any crime comm itted by any group or
network of individuals using violent methods or threats or violence
with a view to get illegal benefits;
(g) “Terrorist Activities” includes activities by any individual or any
group using explosives or inflamma ble materials, fire arms or other
deadly weapons or hazardous gases or other chemicals or other kinds
of hazardous materials with a view to spread terror in the society or in
any class of the society and to destabilize any legitimate government;
(h) “Cyber Crimes” includes offensive activities relating to information
technology ,illegal access ( unaut horized access).illegal obstruction
(illegal transfer of data to the com puter system, there from or therein
through technical means)intercepti on of data( illega l loss, deletion
change, hiding of computer data ) interception in the system
(interference in the operation of a co mputer system through the act of
insertion, transfer, loss, deletion, change or hiding of computer data ),
misuse of instruments, fraud (theft of ID) and electronic offences.
(i) “Moral Turpitude” means involvement in any crime which includes
violence, fraud,deciet peddling of dr ugs or crime against the state or
any crime related to it, wherein a punishment of three years or more
has been specified.
(j) “Government” means the State Government of Bihar.
(k) “Chief Secretary” means the chief secretary of the Government.
(l) “Place of public amusement and public entertainment ” means the
place where people can enter by payi ng a fee or without paying the
fee and this includes:
(1) Picture hall
(2)Theatre
(3)Banquet hall
(4)Stadium
(m) “Police district” means the tract notified under section 7 of chapter II
of this Act, which is different from revenue district.
(n) “Police officer ” means member of Bihar police service cons tituted
under this Act.
(o) “Public place” means such place where people can enter which
include the following:
(i) Any public building and mo nument and their precincts; and
(ii) Any place accessible to the pub lic for drawing water, washing or
bathing or for the purpose of recreation.
(p) “Regulation” means regulation made under this Act;
(q) “Rule” means rules made under this Act.
(r) “ Magistrate” means such executive magist rate as defined in the
Code of Criminal Panel code.
(s) “District Magistrate” means District Magistrate appointed for one
or more districts by the Government.
(t) “ Sub-Divisional Magistrate ” means Sub divisional officer
appointed for one or more subdivisions by the government.
(u) “District superintendent of Police” includes any Assistant District
Superintendent or any person appoi nted to perform all or any duty
of district superintendent of police in any district including district
of railway, under this Act.
(v) “ Property” means any movable or immovable property, bank
account, any kind of investment or valuable securities.
(w) “ District” means revenue land notified as District under code of
civil procedure 1908.
(x) “Power of superintendence ” means and includes power to direct,
guide and power of instruction in executive and administrative
matters relating to inve stigation and it also includes the power to
repeal, modify, repeal revision of any administrative order issued
in such cases by any officer granted power under provisions of the
Code of Criminal Procedure, 1973 (2 of Central Act, 1974)
(y) “Post” shall mean and include subordinate post and superintending
post.
(z) “ Superintending Post ” shall mean post of the rank of
Deputy/Assistant superintendent of police and above.
(za) “ Subordinating Post ” means post of the rank of Assistant
superintendent of police or deputy superintendent of police or
member of lower rank.
(zb) “ Prescribed” means prescribed by th e government through rule,
order, circular or notification etc.
(2)Words and expressions used in this Act shall have the same meaning as
defined in General Clau ses Act, 1897, The Code of Criminal Procedure
1973 and The Indian Penal Code, 1860.
Chapter II
Constitutional and Organisation of Police Service
(3) Police Service of the State
For the purpose of this Act under the government the whole police
organisation shall be treated as one police service. The members of Police
Service may be posted in any branch , including special branches of the
Police Service in the state.
(4) Constitution of the Police Service
Under the provision of this Act:
(i) For the purpose of this Act, the whole police organisation shall be
treated as one Police Serv ice under the government and shall be formally
nominated and shall contain such members of officers and police
personnel and police force for special purposes such as categories of
Bihar Armed Police or Anti-riot combined force as required necessary for
the control of Riots etc. and shall be constituted in such a manner as
ordered by the Government from time to time.
(ii)The salary, allowances, service conditions of police personnel shall be
such as determined from time to time by the government through
rule/notification/order etc.
(5)Appointment of Director General, Additional Director General,
Inspector General, Deputy and Assistant Inspector General;
(1) The Government shall appoint Dir ector General of Police who shall
exercise such powers and perform such functions and duty and such
responsibilities and power shall be vested in him which shall be
determined.
(2) The government may appoint one or more than one Additional
Director Generals and such number of Inspector Generals, Deputy and
assistant Inspector Generals as it may deem fit.
(6)Selection and Tenure of Director General of Police;
(1)The Director General of Police sh all be appointed from the panel of
officers, which include officers alr eady working at the post of Director
General of Police or shall contain such officers who have been found
suitable for promotion to the post of Director General of police by the
Committee under the rule formed under All India service Act, 1951(61 of
The Central Act, 1951)
(2) The Tenure of the Director Genera l of Police appointed in such manner
shall normally be of Two Years.
However, the Director General of Police may be transferred from his
post before the completion of his Te nure by the government on the reasons
which are as follows:
(a) He has been convicted by any cour t for any punishable crime or he
has been charge sheeted by any c ourt for being involved in any case
of corruption, of moral turpitude; or,
(b) If he is incapable due to any physical or mental ailment or due to any
other reason and is not able to discharge the duty of the Director
General of Police; or,
(c) Such a posting shall be subject to th e consent of the officer promoted
on any higher post under the State or the Union Government.
(d) Any other administrative reason, whic h is in favour of the effective
discharge of the duty.
(7) Police District
The government through notification may declare any area as a police
district. The police administration of such police district shall be vested in
the superintendent of police under the general control a nd superintendence
of the District magistrate, who shall be assisted by such Additional Assistant
or Deputy Superintendent of Police as deem fit and notified.
(8)Police Station
(1)The government, considering the area status of crime, duty in relation to
law and order and the distance being covered by the public in reaching the
police station may by notification setup as many police stations along with
required number of police posts, as it deem expedient.
(2)For the purpose of control and supe rvision two or more police station
may be placed under one police circle.
(3)The head of the police station sh all be the Station House Officer, who
shall not be below the rank sub-inspector of police.
However, the large police station may be placed under the supervision
of the officer of the rank of Inspector of Police.
(4) The number of police personnel deputed in the police station shall be as
much as determined by the government from time to time through the
general or special order.
(5) For filing of complaint of crime committed against women and children
and for performing the duty related to the administration of special
legislation connected with women and children there shall be a women and
children protecting desk staff in each police station, wherein as far as
possible, women police personnel shall be deputed.
(6) Each police station shall clearly display the guidance issued by the
Supreme Court, departmental order co nnected with arrest and details of
persons arrested and put in lock up, along with relevant information which
are required to be made public.
(9) Police Station to prevent atrocities against Scheduled
Castes/Scheduled Tribes
(1)The Government, through notificati on, may constitute pol ice stations to
prevent atrocities on scheduled castes/scheduled tribes, as required.
(2)Investigation of cases filed in such police station, shall be conducted by a
police officer not below the rank of Deputy Superintendent of Police.
(10)Transfer and Posting on Subordinate Posts
(1)Deputation of Police Officer, from th e rank of Inspector to Constable on
any special post, shall be made by th e District Superintendent of police
within their jurisdiction. Their tenure shall be 6 years in the district 8
years in range and 10 years in the zone . The transfer from one district to
another within the range shall be made by the committee constituting
Deputy Inspector General of Police and District Superintendent of Police
of the range. The transfer from one ra nge to another shall be made by the
committee constituting Inspector Gene ral of Police of the zone and
Deputy Inspector General of Police of all the range of the zone. Transfer
from one zone to another zone shall be made by the committee consisting
of the Additional Director General of Police and the Inspector General of
Police of the zone.
(2)The tenure of officers posted as the Station House Officer in a Police
Station or in charge of police circle or Sub-Division or Superintendent of
Police of the district shall be of minimum two years.
However, any of such officers may be transferred from their posts before
expiry of the tenure of two years or more for the following reasons:
(a) On promotion to the higher post or,
(b) On being convicted or charge sheeted for any punishable crime by any
court or,
(c) On being incapable of discharging their duties due to incapability due
to physical or mental ailment or any other reason or,
(d) Requirement to fill vacancies arising as a result of promotion transfer
or retirement or,
(e) Other administrative reason whic h is in favour of effective
discharging of duties.
(11) Authority of District Superintendent of Police over Rural Police
It will be lawful for the Government to declare that for the purpose of the
police, any such authority or any rural watchman or other rural police, being
exercised or may be exercised by the Di strict Magistrate, shall be exercised
by the District Superintendent of Police subject to the general control of the
District Magistrate.
(12) District Administration
1. In addition to The Code of Criminal Procedure, 1973, a nd other relevant
Act, it shall be necessary for the District Magistrate to maintain
coordination between the functioning of the police and the District
Administration in the following matters:
a) Maintaining law and order.
b) Implementation of social security law.
c) Control of natural calamities and land reforms.
d) Situation arising as a result of any internal disturbance.
e) To ensure maintenance of supply of essential items.
f) Protection of people of lower and weaker sections.
g) Prevention of atrocities on scheduled castes/tribes
h) Protection of human right, completion of development project of the state
and removal of complaint.
2. For the purpose of such coordination, the District Magistrate may call for
general or special information from the Superintendent of Police and
head of other departments, whenever required. The District Magistrate,
considering the situation may issue proper order or issue written general
instructions.
3. The District Magistrate or the Sub-Divisional Magistrate, in order to
maintain law and order, to protect minorities or weaker section for the
purpose of election or other purpos es, may order for the deputation of
sufficient number of police force. Th e District Magistrate shall also
ensure that all the department of th e district, whose assistance is required
for the effective working of the po lice, provide full assistance to the
Superintendent of Police.
(13) Railway Police
1. The Government, through notification in official gazette, covering such
areas of the state as specified by the State Government, may create one or
more special police district and for each such special po lice district, may
appoint one Superintendent of Police and one or more Assistant and
Deputy Superintendent of Police a nd other Police Officers in required
numbers.
2. Such police officers shall perform the police work relating to the railway
administration under the jurisdiction of their duty and shall also perform
the duty assigned to them from time to time by the State Government.
3. Any police officer, who has been assi gned power to work under this sub-
section through general or special order, subject to any order issued by
the state government for this purpose, may exercise the power equivalent
to the power of the Station House Officer of any police station in the
concerned special district or in a pa rt thereof. The Police Officer, while
exercising these powers, which sha ll be subject to any such order
mentioned above, shall perform duty e quivalent to that of the Station
House Officer of any police station under the jurisdiction of his Police
Station.
4. Subject to any general or special order passed by the State Government
for this purpose, such police officer shall have the powers and privilege
in each part of the state under this Act or other law in effect at that time,
and that shall be subject to the responsibilities of the Police Officer.
5. With the prior permission of the Government, the Superintendent of
Police, through this Act or there under, may, delega te the powers and
duties vested in him to any Assistant or Deputy Superintendent of Police.
14. The State Intelligence and Crime Investigation Department
(1) In accordance with the provision of this act, to collect, collate
analyse and exchange intelligence th ere shall be a state Intelligence
department and to investigate the in ter-state, inter-district and other
specified offences there shall be a Crime investigation department.
(2) The government, shall, appoint an o fficer equivalent or higher to the
rank of the Inspector General of Police as Head of the above
mentioned Departments.
(3) In order to dispose of various ki nds of offences, on which special
attention is required to be given or special consultation is necessary,
there shall be a special wing in th e Crime investigation department.
The Head of each wing shall be the officer of the rank of the
Superintendent of Police.
(4) The Government, keeping in view the quantum and the nature of
work may appoint sufficient number of officer of different rank to
serve in the Crime Investiga tion Department and The state
intelligence Department.
15. Technology and the assistance Services:-
(1)The Government shall, in order to augment the efficiency of the police
service, under the overall control of the Director General of Police, create
and maintain an auxilliary technical agency and service as required.
(2)(a) The services so created, shall include required number of Members of
the state level fully equipped fore nsic science laboratory, Regional
forensic science laboratory for each range and mobile forensic science
units equipped with manpower, as required.
(b)The Government shall take all steps to promote the use of science
and technology in all aspect of the police services.
(3)The Government ,may ,for the whole state or part there of appoint one or
more Director of police telecommunication, who shall not be an officer blow
the rank of Deputy Inspector General Of police and in order to assist him,
may appoint Superintendent of police and Deputy Superintendent of police
in required number.
(4)In the same manner , The Government ,may ,for the whole state or part
there of appoint one or more Director of police transport, who shall not be an
officer below the rank of Deputy Inspect or General Of police and in order to
assist him, may appoint Superintendent of police and Deputy Superintendent
of police in required number.
(16) The communication department
The government shall setup a separate department of communication, which
shall have officers and personnel with required qualifications and experience
as decided by the government from time to time. This department shall be
equipped with all modern facilities of communicati on in order to update
generation, transmission, retrieval, collection and all types of digital,
analogue and other data.
(17) Appointment of Directors of State Police Academy and Police
Training Colleges and Schools
The state government shall setup a st ate police academy and other training
institutes at the state level which may be necessary for the training of police
personnel of different posts.
(18) The oath or Affirmation made by the Police Personnel
Each member of the police service registered under this Act, on appointment
and completion of training shall have to take oath or make affirmation in the
prescribed manner before the officer appointed by the superintendent of
police or the Director General of Police.
(19) Special Police Officer
1. Any police officer not below the rank of Deputy superintendent of
police, may, at any time for the period specified in the appointment
order in order to assist the police fo rce , request the district magistrate
to appoint any able bodied person between the age of eighteen and
fifty as special police officer.
2. Every Special Police Officer on appointment
(a)Take specified training and recei ve a certificate in a proforma
approved by the state government in this regard; and
(b)Have the same power, privileges and immunities as an ordinary
Police officer and be liable to the same duties and responsibilities and
subject to the same authorities as an ordinary police officer.
(20) Employment of Additional Police Officer at the cost of person
making request
Subject to the general instruction of the district magistrate, it shall be
lawful for the Inspector General of Police or Deputy Inspector
General of Police or Assistant Inspector General of Police or the
District Superintendent of Police to depute on the application of any
person, such number of additional po lice officer to ma intain peace at
any place in the general police distri ct as deemed fit. Such a police
force shall be subject to the order of the District Superintendent of
Police and shall be employed at th e cost of the person making the
application.
Provided such person upon whose application such a
deployment has been made, may, giving a written notice of one
month, request the Inspector Gene ral of Police, Deputy Inspector
General of Police or District supe rintendent of Police or Assistant
Inspector General of Police for the w ithdrawal of the police officer so
deployed and such pers on shall be relieved from the cost of such
additional police force at the expiration of such period of notice.
(21)Employment of additional police force at Railway and at large work
Whenever a work on railw ay, canal or ant other public work is carried
out or any manufacturing or other co mmercial business is conducted in
any part of the state and it appears to the Director General of Police that
the behaviour or a reasonable apprehension of the behaviour of the
persons employed on such work ma nufactory or commercial concern,
necessitates the employment of additi onal police force at such places it
shall be lawful for the director Ge neral of Police to deploy additional
police force at such place and to k eep them employed at such place for
so long as its necessity appears to continue and it shall be legitimate for
the Director General of Police issue order from time to time for the
payment of the cost of such add itional police force to the person on
whose control or custody lies the fund used for carrying out such work,
manufacturing or commercial business, and thereafter such person shall
make the payment accordingly.
Chapter III
Superintendence and Administration of Police
Force
(22) The superintendence of the state police force to vest in the state
government.
The overall superintendence and control of the police force shall be vested
in the government.
(23)The state police Board
The government shall, within six months of the implementation of this Act,
to discharge the duties vested under the provisions of this chapter, establish
a state police board.
(24)Structure of the State Police Board
The state police board shall constitute of the following:
1. Chief Secretary- Chairman
2. Director General of Police- Member
3. In charge secretary of department of Home-Member Secretary
(25)Functions of the State Police Board
The State Police Board shall discharge the following duties:
a) Formation of comprehensive Polic y Guidelines, for making police
administration efficient, affective, sensitive and accountable according
to the law.
b) Identification of Performance Indicator for Assessment of the working
of police service,
The Performance Indicator inter alia, shall contain the following:-
Police Research and Response, accountability, maximum utilisation of
amendments, operative efficiency, pub lic satisfaction, and satisfaction
of the victims in comparison to the compliance of norms of human
rights.
c) Review and assessment of organisati onal work of district wise police
service in the state in comparis on to the Performance Indicator
identified and determined and the re sources available to and under the
control of the police.
(26) Complaint of violation of human rights
Complaints against police personnel an d officers in connection with the
following matter shall be investig ated by the state human rights
commission constituted under clause 21 of The Human Rights Act, 1993,
according to the process determined therein:
1) Violation or abetment for violation of human rights
2) Negligence in prevention of such violations.
(27) Power and Responsibilities of the Director General of Police
As the Head of the State Police Service, The Director General of Police shall
have the following responsibilities:
a) To implement policies, strategic schemes and the annual plan
formulated by the government.
b) Operation control and supervision of the police service in order to
ensure its efficiency, effectiveness, sensitivity and responsibility.
(28) Magisterial power of the Director General of Police
The power of a Magistrate shall be vest ed in the Director General of Police
in all general police district, who sha ll exercise these powers subject to the
extent determined by the Government from time to time.
(29) Provisions of Punishment
Subject to the provision to the Article 311 of the constitution and such
rule as the government enact from time to time under this Act, The Director
General of Police, Inspector General of Police, Depu ty Inspector General of
Police and The District Superintendent of Police ,may, any time dismiss,
suspend or reduce the rank of such pol ice officers of subordinate class any
time, who in their opinion, has abused his duty, has neglected his duty or is
unfit for the duty or any such officer of the subordinate class, who is
negligent in discharging his duty or has made himself incapable of
performing his duty due to some work , may award one or more of the
following punishments:
a) Fine, which shall not be more than the salary of a month.
b) Punishment such as drill, extra guard duty, hard work or other work
with or without confinement in quarter, the period of which may not
be more than fifteen days.
c) Deprivation of salary of good behaviour.
d) Removal from any dignified post or deprivation of any special pay.
(30)Transfer and Posting
1. Transfer and Posting of police o fficers and Police Personnel of the
supervisory grade shall be gover ned by the conduct rule and other
rule formulated by the government from time to time.
2. The tenure of officers shall normally be of two years.
However, any of such offi cers may be transferred from their posts
before expiry of the tenure of tw o years or more for the following
reasons:
a) On promotion to the higher post.
b) On being convicted or charge sheeted for any punishable crime
by any court.
c) On being incapable of performing their duties due to
incapability or due to physical or mental ailment or any other
reason.
d) Requirement to fill vacancies ar ising as a result of promotion
transfer or retirement.
e) Other administrative reason which is in favour of efficient
performance of duties.
Chapter IV
Role, Function Duties and Responsibilities of Police
(31) Role, Function and Duty of Police
Role and duty of police shall, mainly be the following:-
a) To follow law and implement them in a fair manner and protect the
life ,liberty, property and the human rights along with the dignity of
the public.
b) To maintain and promote public order.
c) To protect the internal security, prevent and control terrorist activities,
activities breaching communal harmony, activities affecting internal
security and other subversive activities.
d) To protect road, rail, bridges, important infrastructures and
establishments etc. along with public property from riot violence or
other kind of attacks.
e) To prevent crime and reduce the ch ances of commission of offences
by their preventive activities and step s and assist and cooperate with
other relevant agencies in actions to be taken for preventing offences.
f) To properly file all information sent personally or brought to them by
representative of the individual or received through email or other
medium and take immediate follow up action after giving
acknowledgment of the information.
g) To file compoundable offence brought to their attention through
notice and other medium and invest igate them and duly provide a
copy of the First Information Re port to the person filing FIR and
arrest offender whenever deemed proper and provide required
assistance in prosecuting them.
h) To develop sense of confidence in various societies and maintain them
and so far as possible prevent conflict and increase feeling of
brotherhood among them.
i) Taking initiative in providing ever y possible help to the person
affected by man-made or natural calamities actively, assists other
agencies in relief and rehabilitation work.
j) To help persons having apprehensi on of physical loss or loss of
property and provide necessary assistance and relief to the victims.
k) To regulate orderly transportation of people and vehicle and control
and regulate traffic on highway.
l) To gather information relating to the matter connected with public
peace and all kind of offence and national security and apart from
taking suo motto action, shares such information with other relevant
agencies.
m) To take charge of all unclaimed pr operty in their possession as police
officer discharging their duty and take action for their secured custody
and their disposal as per the prescribed procedure.
n) To provide security to public servants.
o) To perform all such duties and re sponsibilities, which have been
imposed upon them by any authority vested with the power to issue
such instructions by the government or by the law for the time being
in force.
p) To keep record of habitual offe nders and organise d offences and
display them in the police station.
(32)Maintenance of Diary by the Police Officer
It shall be the duty of each Statio n House Officer to maintain the
General Diary in the form prescr ibed by the government from time to
time and record therein all the information and charges framed, name of
all the person arrested, name of info rmer and offence, details of arms,
property or other items taken in their possession and the name of
witness examined. The District Magist rate shall have the power to call
for such diary and inspect them.
(33)Social duties of the Police
It shall be the duty of each officer
a) To conduct in a dignified and po lite manner while dealing with the
member of the public, especially senior citizen, women and children.
b) To guide and assist member of th e public, especially senior citizen,
women, children, poor people and destitute, phys ically and mentally
challenged people, who fi nd themselves helpless or otherwise require
assistance and protection.
c) To provide all possible assistance to victims of offences and road
accidents and ensure that they get immediate medical assistance
without any medico-legal formalities and to assist them in their
compensation and other legal claim.
d) To ensure that the conduct of police are in a fair manner and in
accordance with the principles of human rights while taking special
care of the security of minorities along with weaker sections in all
circumstances especially during cl ash between various communities,
classes, castes and political parties.
e) To prevent torture of women a nd children from indecent and
objectionable behaviour, lewd remarks or sufferings along with
torture in public places and public transport.
f) To provide all possible assistance to members of the public, especially
women, children and poor and the destitute, against any offence or
exploitation by any person or organised group.
g) To provide legally prescribed food and shelter to each person placed
in custody and to provide informa tion of provision of legal assistance
schemes being made available to all such persons and also give
intimation to the concerned authorities in this regard.
h) To follow and discharge any other responsibilities and duties
determined by the government from time to time.
(34) Duties in emergent circumstances
1. The government shall by publishing notification in the gazette for a
specified period declared any speci fied service as important service
for the community, which may be extended from time to time by
publishing notification as required.
2. Till the declaration made under sub- section (1) remains in effect, it
shall be the duty of each police officer to follow order given by any of
his senior officer in connection w ith the service specified in the
declaration.
(35) Discharge of duty of any subord inate officer by the senior police
officer
The senior police officer may discharge the duties of any of his subordinate
officer vested through law or legal or der and shall assist and support in
duties of his subordinate officer shall protect the duties of his subordinate
officer or other persons working un der his legal command or authority,
whenever it seems urgent or important to make the law completely or
accessibly effective.
Chapter V
Effective investigation of offences by using science and
technology in investigation.
(36) Constitution of special investigation unit.
The government shall, constitute special offence investigation unit in crime
infested areas, which shall be headed by police officer not below the rank of
police sub-inspector of th e states cadre which shall have assistance by
required number of officers and staf f for investigation of economic and
heinous offences, except with the writte n permission of the Director General
of Police except in extraordinary circ umstances personnel deputed in this
unit shall not be engaged in other work.
(37) Selection of officers deputed in special crime investigation units.
Selection of officers deputed in special crime investigation units shall be
made on the basis of their interest professional efficiency and their
faithfulness. Their professional effici ency hall be upgraded on time to time
by providing them special training for usi ng scientific instruments related to
investigation techniques specially investigation and forensic science.
(38) Tenure of officers posted in special crime investigation units.
The tenure of officers posted in speci al crime investigation units shall
normally be of three years thereafter by turn they shall be engaged in the law
and order and other kind of work.
(39) Functions of the officers posted in special crime investigation units.
1. Officers posted in special crime inves tigation units shall in addition to
work assigned specially by the dist rict superintendent of police
investigated cases connected with murder, kidnapping, rape, dacoity,
robbery, offence related to dowry, fraud, misappropriation and other
economic offences as notified by the director general of police.
2. Investigation of all other officers shall be conducte d by other staff
posted in such police station.
(40) Supervision of investigation of cases of special offence.
Under the supervision of concerned st ation house officer, the supervision of
investigation of cases initiated by pe rsonnel of special crime investigation
unit shall be made by such officer who shall not be below the rank of
additional superintendent of police and shall directly submit the report to the
district superintendent of police. The s upervising officer shall be assisted by
sufficient number of officers of the rank of deputy superintendent of police,
who shall be specially appointed to en sure qualitative investigation in this
profession.
However in small districts, when th e quantity of work does not justify
posting of an officer of the rank of additional superintendent of police,
officer of the grade of the deputy superintendent of police shall be posted for
this purpose.
(41) Creation of special investigation cell
In order to investigate economic offences along with offences of serious
and other complex nature one or more special investigation cell shall be
created in each district which shall ha ve such number of officers and staff as
the government deems proper. Such cell shall be in c ontrol and supervision of
Additional Superintendent Of police.
(42) Special selection of officers and staff for special investigation cell.
Officers and staff to be posted in this cell shall be specially selected and
trained also.
(43) Crime investigation department
The crime investigation department of th e state shall initiate investigation of
inter state, inter district and other offenc es of serious nature as notified by the
government from time to time or speci ally handed over to it by the director
general of police in accordance with the prescribed process and norms.
(44) Special investigation skill.
In crime investigation department ther e shall be special unit to investigate
cyber crimes, organised crime, cases re lating to killing of humans, economic
offences and other kind of offences as notified by the government and for
which special investigation skill is required.
(45) Selection of officers of crime investigation department.
Selection of officers posted in the crim e investigation department shall be
made on the basis of their interest, professional skill, experience and their
sincerity. They shall be given proper tr aining after their selection and their
knowledge and skill shall be upgraded from time to time through reorientation
and special courses.
(46) Tenure of officers posted in crime investigation department.
The tenure of officers posted in crim e investigation department shall
normally be of three years and sha ll not be removed unless it becomes
necessary to remove them on one or more of the reasons to be mentioned.
(47) Legal advisor and offence analysts.
In order to guide, suggest and assist investigation officer, sufficient number
of legal advisors and offence analysts shall be made available in the crime
investigation department.
Chapter VI
Training, research and development
(48) Training policy.
The government shall, keeping in mind the present and future requirements
of the police system, prepare training cum education policy for the police.
The objective of training policy shal l be to provide information on
concerned subjects develop professional skills among police personnel,
create right attitude and promote c onstitutional and moral values among
police personnel.
(49) Efficiency and training of police personnel.
In such training it shall be ensured th at the police personnel are sufficiently
trained to efficiently perform their duty. As far a possible the successful
participation in the above training progr am hall be linked w ith promotion of
police personnel of different rank a nd various posting by the government
from time to time, through infrast ructural method ,as notified by the
government from time to time
(50)Creation of basic infrastruc ture and capacity development for
training.
The government shall create and upgrade basic infrastructure and capacity of
the training institute as per the requirement of overall training of police
personnel of various grades.
(51) Research and development.
The government shall set up Police Research and Deve lopment Bureau
along with provisions for above personnel, fund and other resources so that
research and investigation work is carried out regularly on those subjects and
issues to improve the working and pe rformance of police. The government
may sponsor other famous organisations and institutions to conduct special
study and research on subjects relevant to the police system.
(52) The government shall take sufficien t steps to develop technology to
investigate and detect offences and scie ntific and technological assistance in
other work relating to the police system.
(53) Functions of State Police Research and Development Bureau.
The functions of state police research and development bureau shall include
the following.
a) To keep information of mode rn instruments and techniques
successfully used by other police organisations in the country or
abroad and carry out assessment in connection with the adoption of
instruments used by the state police. This shall include such modern
products, arms and ammunitions, ri ot control instruments, traffic
control instruments, police trans port and various scientific and
electronic instruments which are useful for research and other work
related to the police systems.
b) To develop liaison and assist ance with police research and
development bureau of the government of India, academies, renowned
scientific organisation, institutions and laboratories and private sector
undertakings.
c) To study the special and upcoming problems of the police system of
the state so that steps for their so lution and remedial measures may be
taken.
d) To investigate the existing system of police organisation and give
suggestion regarding infrastructural, institutional and other necessary
changes in the police to make th eir working more efficient and
responsible, and
e) Concurrent assessment a nd recording of the effect of modernisation
and training policies of the state police and submit the report of the
findings to the Director General of Police and the government.
Chapter VII
(54) Regulation control and discipline.
Subject to the approval of the state government, The Director General of
Police shall enact such rule, regulation or issue order for the following which
shall not be contrary to this Act or any other Act in effect at any time:-
a) Prevention and investigation of offence.
b) Regulation and inspection of work performed by the police
organisation or Police officer.
c) Distribution of arms, ammunition, accoutrements, uniforms and other
items and decides the quantity.
d) To assign duties to officers of all ranks and grade and decide the
manner and condition subject to which they shall exercise their power
and discharge their duties.
e) To regulate the collection and transmission of intelligence and
information.
f) Determine the record, register and Performa to be maintained and
details to be prepared by various police units and officers.
g) To make police more skilful and prevent abuse of power and neglect
of duty by them.
(55) Power to make Rules and Regulations.
The Government shall make rule for the regulation, control and discipline of
police.
Provided that by the time a new Police Law under this Act is enacted, the
existing Bihar and Orissa Arms Police Act, 1933 and Police Law and
existing articles, regulations, notifications order and circulars shall remain in
effect as if enacted in this Act.
(56) Police Officer always on duty.
Every officer, not on leave or under suspension, shall, for all purposes of this
Act, be deemed to be always on duty and may be posted to any part of the
state at any time.
(57) Posting of Police Officer
Any police officeExcerpt shown. Open the full act in Lexace.
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