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Police Tripura Act No.6 of 2007
THE TRIPURA POLICE ACT, 2007
II
CONTENTS
Chapter Title Section Page
I Preliminary
• Short title and commencement
• Definition
1
2
2
2
II Constitution and organization of the State Police Service
• One Police 3 5
• Administration of Police 4 5
• Appointment of DGP,ADGP,IGP,DIGP and AIGP 5 6
• Selection and term of office of DGP 6 6
• Creation of Police Zones & Ranges 7 7
• Police Districts 8 7
• District level Special Cells, Sub-Divisions and Circles 9 7
• Police Stations 10 8
• Term of office of key police functionaries 11 8
• Coordination within the District Administration 12 9
• State intelligence and Criminal Investigation Departments 13 9
• Technical and Support Services 14 10
• Organization of research 15 10
• Oath or affirmation by police personnel 16 10
• Certificate of appointment 17 10
• Special Police Officers 18 11
• Additional Police force deployed at the cost of applicant 19 11
III Superintendence and Administration of Police
• State Police Board 20 13
• Composition of the Board 21 13
• Grounds of ineligibility for Independent Members 22 13
• Term of office of Independent Members 23 14
• Removal of Independent Members 24 14
• Functions of the State Police Board 25 14
• Expenses of the State Police Board 26 15
• Police Establishment Committees 27 15
IV Role, Functions, Duties and Responsibilities of the Police
• Role, functions and duties of the police 28 16
• Social responsibilities of the Police 29 17
• Duties in emergency situations 30 18
• Senior police officer performing duties of a subordinate officer 31 18
V Policing in Rural Areas and Village Police System
• Police station covering rural areas 32 19
• Village visits by Supervisory Officers/Officer in-charge 33 19
• Village visits by Supervisory Officers 34 19
• Enlistment of Village Guards 35 19
• Tenure of Village guards 36 20
• Removal of village Guards 37 20
• Village Guards to be public servants 38 20
• Training of Village Guards 39 20
III
Chapter Title Section Page
• Oath or affirmation by village Guards 40 20
• Badge, honorarium and expenses 41 20
• Badge and records to deliver up on cessation of to be village
guard
42 21
• Duties and responsibilities of village guards 43 21
VI Policing in the context of public Order and internal
Security Challenges
• Internal Security Scheme 44 23
• Review of internal Security Scheme 45 23
• Internal Security Scheme to specifically cover backward and
inaccessible areas
46 23
• Security of critical infrastructure to be covered by the scheme 47 23
• Scheme to cover specific security requirement arising out of any
activity or programme
48 23
• Updated standard operating procedure to be incorporated in the
scheme
49 24
VII Separation of crime Investigation and use of Science and
Technology in Investigation
• Separate crime investigation unit 50 25
• Selection of officers for crime investigation units 51 25
• Tenure of officers in crime investigation units 52 25
• Specific offences to be investigated by the unit 53 25
• Supervision of investigation 54 26
• Criminal investigation department 55 26
• Specialized units for specific crimes 56 26
• Selection of officers for the Criminal Investigation Department 57 26
VIII Police Accountability
• Additional mechanism for police accountability 58 27
• Police Accountability Commission 59 27
• Composition of the commission 60 27
• Ineligibility for membership 61 28
• Term of office and conditions of service of members and
chairperson
62 28
• Removal of Chairman and members 63 29
• Staff of the Commission 64 29
• Conduct of business 65 29
• Function of the Commission 66 29
• Powers of the Commission 67 31
• Statement made to the Commission 68 32
• Persons likely to be prejudicially affected to be heard 69 32
• Decisions and directions of the commission 70 32
• Reports of the Commission 71 33
• Right of the complainant 72 34
` • Duty of the police and other state agencies 73 34
• Interference with the functioning of the commission or the
Authority
74 35
• Training 75 35
• Protection of action taken in good faith 76 35
IV
Chapter Title Section Page
• Funding 77 35
IX General Offences,Panalties and Responsibilities
• Regulation of public assemblies and processions 78 36
• Assemblies and processions violating prescribed conditions 79 36
• Regulation of the use of music and other sound system in public
places
80 37
• Directions to keep order on public roads 81 37
• Penalty for disobeying orders or directions 82 37
• Power to reserve public places and erect barriers 83 37
• Obstruction in police work 84 38
• Unauthorized use of police uniform 85 38
• Refusal to deliver up certificate, etc. on ceasing to be police
officers
86 38
• False or misleading statement made to the public 87 38
• Dereliction of duty by a police officer 88 38
• Arrest, search, seizure and violence 89 39
• Offences by the public 90 40
• Procedure for posting directions and public notices 91 41
• Prosecution of police officers 92 41
• Prosecution for offences under other laws 93 41
• Summary disposal of certain cases 94 42
• Recovery of penalties and fines imposed by Magistrates 95 42
• Limitation of actions 96 42
X Miscellaneous
• Disposal of fees and rewards 97 43
• Method of proving orders and notifications 98 43
• Validity of rules and orders 99 43
• Officers holding charge of or succeeding to vacancies competent
to exercise powers
100 43
• Public notices how to be given 101 44
• Consent of a competent authority may be proved by writing
under his signature
102 44
• Power to make rules 103 44
• Power to remove difficulties 104 44
• Notification of rules and regulations in the official gazette and
lying of rules and regulations
105 45
• Persons aggrieved may apply to state government to annual,
reverse or alter any rule or order
106 45
• Repeal and saving 107 45
1
Published in the
EXTRAORDINARY ISSUE OF TRIPURA GAZETTE
Agartala, Monday, April 9, 2007 A.D. Chaitra 19, 1929 S.E
Government of Tripura
Law Department
No.F8 (5)-Law/Leg/2007. Dated, Agartala, the 9th April, 2007
The following Act of the Tripura Legisla tive Assembly received the assent of
the Governor on 07-04-2007 and is hereby published for general information.
P.B Nath
Additional Secretary, Law,
Government of Tripura.
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THE TRIPURA ACT NO. 6 OF 2007
THE TRIPURA POLICE ACT, 2007
AN
ACT
(i) to redefine the role, duties and responsibilities of the police service in the
context of the emerging challenges of policing and security of the State, the
imperatives of good governance, and respect for human rights,
(ii) to make the police personnel professionally organi zed, service oriented, free
from extraneous influences and accountable to law, and
(iii) to empower the police to enable it to function as an impartial, efficient,
effective, people friendly and responsive agency in order to enable it carry out
the constitutional objectives of protection of civil, political, social and
economic rights of the citizens as provided therein.
Be it enacted by the Tripura Legislative Assembly in the Fifty -eight year of the
Republic of India as follows:
CHAPTER-I
Preliminary
1 Short title extent and commencement :
(1) This Act may be called the Tripura Police Act 2007.
(2) It extends to the whole of the State of Tripura.
(3) It shall come in force at once.
2. Definitions:
1. In this Act, unless the context otherwise requires:-
(a) ‘Act’ means the Tripura Police Act 2007.
(b) Headquarters Company means a unit performing administrative and other
support functions of a State Armed Police Battalion;
(c) ‘Insurgency’ includes waging of armed struggle by a group or a section of
population against the State with a political objective including the
separation of a part from the territory of India;
3
(d) ‘Internal Security’ means preservation of sovereignty and integrity of the
State from disruptive and anti-national forces from within the State;
(e) ‘Militant activities’ include any violent activity of a group using explosives,
inflammable substances, firearms or other lethal weapons or hazardous
substance in order to achieve its political objectives;
(f) ‘Organised crime’ includes any crime committed by a group or a network of
persons in pursuance of its common intention of unlawful gain by using
violent means or threat of violence;
(g) ‘Place of public amusement and public entertainment’ include such places as
may be noticed by the State Government;
(h) ‘Police District’ means the territorial area notified under Section 9 of this
Act;
(i) ‘Police Officer’ means a member of Tripura Police Service constituted under
this Act;
(j) ‘Prescribed’ means prescribed by Rules and Regulatio ns made under this
Act;
(k) ‘Public place’ means any place to which the public have access and
includes;
(i) a public building and monument and precincts thereof ; and
(ii) any place accessible to the public for drawing water, washing or
bathing or for purpose of recreation;
(l) ‘Regulations’ mean regulations made under this Act;
(m) ‘Rules’ mean rules made under this Act ;
(n) ‘Service Companies’ mean units of State Armed police Battalions and
District Armed Reserve which are deployed for law and order and other
duties in support of civil police;
(o) ‘Service’ means the police Service constituted under this Act;
(p) ‘Subordinate Rank’ means all ranks below the rank of Assistant or Deputy
Superintendent of Police’
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(q) ‘Terrorist activity’ includes any activity of a person or a grou p of person
using explosives or inflammable substances or firearms or other lethal
weapons or noxious gases or other chemicals or any other substances of a
hazardous nature with the aim to strike terror in the society or any section
thereof, and with an intent to overawe the Government established by law;
(r) ‘Village’ means Gram Panchayat and Tripura Tribal Areas Autonomous
District Council Village Committee area as defined in the respective Acts;
2. Words and expressions used in this Act but not defined spe cifically shall have
the same meaning as provided in the General Clauses Act 1897, the Code of Criminal
Procedure 1973, and the Indian Penal Code 1860.
5
CHAPTER – II
Constitution and organization of the State Police Service
3. (1) One Police Service:
There shall be one Police Service in the State which shall be formally
enrolled for the purpose of this Act. It shall comprise the entire police
establishment of the State consisting of such number of officers and other
police personnel including members of the Indian Police Service , State
Police Service and others while serving, for the time being, in the State
Police establishment, as the State Government may , by order , determine
from time to time.
(2) The entire police establ ishment of the State existing at the
commencement of this Act, shall, until such time as the State
Government may determine otherwise under sub Section (1), be deemed
to be the Police Service enrolled for the purpose of this Act.
(3) Every member of the Police Service shall, if required, be liable to serve
in any branch of the Service in the State.
(4) The State Police Service shall, as far as possible, reflect adequate
representation of all sections of the society including gender
representation.
(5) Every member of the Service shall at all times remain accountable to the
law and responsible for protection of the rights of the people and shall
observe codes of ethical conduct and integrity as may be prescribed.
4. Administration of Police
(1) Subject to the provisio ns of this Act and general superintendence of the
State Government -
(i) the administration of police throughout the State shall vest in the Director
General of Police and in such Addl.Director General, Inspector General,
Deputy Inspector General and Assistan t Inspector General, as the State
Govt. shall deem fit;
(ii) the administration of the police throughout a district shall, under the general
control and direction of the Detector General , vest in a district
Superintendent of police and such other police officer as the state Govt. may
consider necessary;
(iii) administration will mean the management of the police Service, subject to
law, rules and regulations.
6
5. Appointment of Director General , Addl. Director General ,Inspector
General, Deputy and Assistant Inspector General;
(1) The State Government shall appoint a Director General of Police who shall,
without prejudice to his powers in Section 4, exercise such powers, perform
such functions and duties as may be prescribed.
(2) The State Government may appoint one or mo re Additional Director
General and as many Inspector General, Deputy Inspector General and
Assistant Inspector Generals as necessary.
(3) The State Government may, by a general or special order and in
consultation with the Director General of Police, direct in what manner and
to what extent an Addl. Director General, or an Inspector General or a
Deputy or Assistant Inspector G eneral of Police shall assist and aid the
Director General of police in the performance, exercise and discharge of his
functions, powers duties and responsibilities.
6. Selection and term of office of the Director General of Police:
(1) The State Government shall appoint the Dire ctor General of police from
amongst three senior most officers of the State Police Service. Provided that the
State Government in exceptional case, if considered necessary, may appoint to
the post, a police officer, on deputation, from outside the State Police Service,
subject to his fulfillment of the criteria laid down in sub-section(2).
(2) Selection of the Direc tor General of police shall be done by the State
Government considering, inter alia, the following criteria:
(a) length of service, fitness of health and standards as prescribed by the
State Government;
(b) assessment of the performance appraisal reports of the previous fifteen
years of service;
(c) weightage to award of medals for gallantry , distinguished and
meritorious service.
(3) The Director General of Police unless superannuating earlier shall
normally have a tenure of two years;
Provided that the State Government may remove the Director General
from the post before the expiry of his tenure by a reasoned o rder in writing
consequent upon;
(a) conviction by a court of law for a cr iminal offence or where
charges have been framed b y a court in a case involving
corruption or moral turpitude; or
7
(b) punishment or dismissal, removal or compulsory retirement
from service or reduction to a lower post; or
(c) suspension from service; or
(d) incapacitation by physical or mental i llness or oth erwise
becoming unable to discharge his functions as the Director
General of Police; or
(e) promotion or posting to a higher post under either the State or
the Central Government to which the officer gives consent;
(f) inefficiency or negligence prima -facie established after a
preliminary enquiry.
7. Creation of Police Zones and Ranges:
(1) The state Government may by notification divide the entire geographical
area of the state into one or more police Zones. Each Zone shall be
headed by an officer of the rank of Inspector General who shall supervise
the police admonition of the zone and report directly to the Director
General of police.
(2) The State government may by notification create as many Police Range
as deemed necessary. Each Range, shall be headed by and officer of the
rank of Deputy Inspector General who shall supervise the police
administration of the Range and report directly to the Inspector General
in charge of the Zone in the Jurisdiction of which the Range falls.
8. Police District:
The State Government may, by notification, declare any area within the
State to be a Police District. The administration of the police through such
district shall vest in the Superintendent of police who may be assisted by as
many Additional, Assistant or Deputy Superintendents, as deemed
necessary.
9. District level special Cells, Sub-Divisions and Circles:
(1) For all purpose of dealing with a particular category of crime or providing
better service to the community at l arge including victims of crime, the
State Government may, in consultation with the Director General and by
notification, create one or more Special Cells in each Police District, to be
headed by an officer of the rank of Assistant / Deputy Superintendent of
Police
8
(2) The State G overnment may, by notification , divide each Police District
into as many Sub -Divisions as deemed necessary, to be headed by an
officer of the rank of Assistant/Deputy Superintendent of Police.
10. Police Stations:
(1) The State Government may, by notification, create as many Police Stations
with as many outposts as necessary, in a Police District as deemed
necessary, duly keeping in view the population; the area, the crime
situation, the work load in terms of law and order and the distance to be
traversed by the inhabitants to reach the Police Station.
(2) A police station shall be headed by a Station House Officer who may also be
known as officer-in-charge not below the rank of Sub-Inspector of Police.
(3) Each Police Station shall prominently display all the relevant in formation
required to be made public, as may be required.
11. Term of office of key police functionaries:
An officer posted as a Station House Officer in a Police Station or Officer -in-
charge of a Sub -Division or as a Superintendent of Police of a Distri ct shall
normally have a term of two years and a maximum of three years in the post:
Provided that the minimum tenure of two years may sooner end consequent upon:
(1) promotion to a higher post; or
(2) conviction, or charges having been framed, by a court of law in a criminal
offence; or
(3) punishment of dismissal, removal, discharge or compulsory retirement from
service or of reduction to a lower rank awarded under the relevant Discipline
& Appeal Rules; or
(4) suspension from service in accordance with the provisions of the said Rules
; or
(5) incapacitation by physical or mental illness or otherwise becoming unable
to discharge his functions and duties; or
(6) retirement (including voluntary retirement) or resignation; or
(7) inefficiency or negligence prime facie established after a preliminary
enquiry;
9
12. Coordination within the District Administration:
(1) For the purpose of efficiency in the general administration of a district, it
shall be lawful for the District Magistrate of that district, in additio n to the
provisions of the Code of Criminal Procedure, 1973 and other relevant laws,
to coordinate the functioning of the police with other agencies of the district
administration in respect of matters relating to the following:
(a) promotion of land reforms and settlement of land disputes;
(b) extensive disturbance of the public peace and tranquility in the district;
(c) conduct of elections to any public body;
(d) handling of natural calamities and rehabilitation of the persons affected
thereby;
(e) situations arising out of any external aggression or internal disturbances;
(f) any similar matter , not within the purview of any one department and
affecting the general welfare of the public of the district; and
(g) removal of any persistent public grievance;
(2) The District Magistrate may call for a report regarding the steps taken by the
Police or other agency to deal with the situation and give such directions in
respect of the matter as are considered necessary by him (District Magistrate)
to the Police and the concerned agency.
13. State Intelligence and Criminal Investigation Departments:
(1) The State police organistion shall have a State Intelligence Department for
collection, collation, analysis and dissemination of intelligence, and a
Criminal Investigation Department f or investigating inter -state, inter -
district crimes and other specified offences, in accordance with the
provisions of Chapter VII of this Act.
(2) The State Government shall appoint a police officer of or above the rank of
Deputy Inspector General of Po lice to head each of or both the aforesaid
department.
(4) The Criminal Investigation Department may, have specialized wings to deal
with different types of crime requiring focused attention or special expertise
for investigation. Each or more than one of these wings shall be headed by
an officer not below the rank of a Superintendent of Police.
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(5) The State Intelligence Department may have specialized wings, to deal with
and coordinate specialized tasks such as measures for counter terrorism,
counter militancy and VIP Security.
(6) The State Government may make available required number of officers
from different ranks to serve in the Criminal Investigation Department, and
the State Intelligence Department, as deemed appropriate with due regard to
the volume and variety of tasks to be handled.
14. Technical and Support Services:
(1) The State Government shall create and maintain such ancillary technical
agencies and services, under the overall control of the Director General of
Police, as considered necessary or expedient for promoting efficiency of the
Police Service.
(2) The State Government shall take measures to encourage and promote the
use of science and technology in all aspects of policing.
15. Organisation of research:
The State Government may set up such bo dies and take up such other steps as
considered necessary or expedient for the purpose of undertaking research into
matters relating to the efficiency of the police service.
16. Oath or affirmation by police personnel:
Every member of the police service enrolled under this Act shall, on
appointment and completion of training, make and subscribe before the
respective Superintendent of Police or such officer appointed in that behalf by
the Director General of Police an oath or affirmation, in such form or may be
prescribed.
17. Certificate of appointment:
(1) Every police officer of or below the rank of Inspector shall on appointment receive
a certificate in the form annexed to the Act. The certificate shall be issued under
the seal of the Director General or such officer as the Director General shall
appoint, by virtue of which the person holding such certificate shall be vested with
the powers, functions and privileges of a Police Officer.
11
(2) Such certificate shall cease to have effect whenever the person name d in it cease
for any reason, to be a police officer, and on his ceasing to be such an officer, shall
be forthwith surrendered by him to any officer empowered to receive the same.
(3) A Police Officer shall not, by reason of being suspended from office, cease to be a
police officer. During the term of such suspension the powers, functions and
privileges vested on him as a police officer shall be in abeyance, but he shall
continue to be subject to the same responsibilities ,discipline and penalties and to
the same authorities as if he had not been suspended.
18. Special Police Officers:
(1) When the police force ordinarily employed in any area is not sufficient to deal
with a situation threatening peace and security the Superintendent of Police or any
officer, specially empowered in this behalf by State Government, in charge of that
area may, at any time by a written order issued under the hand and seal of such
officer, appoint, for a period as specified in the appointment order, any able-bodied
and willing person between the age of 18 and 40 years, whom he considers fit to
be a Special Police Officer to assist the Police Service.
(2) Every Special Officer so appointed shall-
(h) on appointment, undergo prescribed training and thereafter receive a
certificate in a form approved by the State Government in this behalf; and
(i) shall have the same powers, privileges and protection and be liable to
perform same duties and amenable to the same penalties and be sub -
ordinates to the same authorities, as an ordinary police officer.
19. Additional Police force deployed at the cost of applicant:
(1) Additional police comprising officers of such ranks or grades may be appointed or
deputed for the purpose prescribed by the State Government for such time and on
such pay as the authority prescribed in that behalf may determine.
(2) Every Additional Police Officer upon such appointment, shall:
(a) receive a certificate in a form approved by the State Government in this behalf;
(b) be vested with all or such of the powers,privileges,duties and immunit ies of a
police officer as are specially mentioned in the certificate ; and
(c) be subject to the orders of the Superintendent of Police.
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(3) the deployment or deputation of such Additional Police Officer may be made at the
request of any person requiring such police, and the cost of such deployment shall
be recovered in such manner as is prescribed under this Act or any other law for
the time being in force.
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CHAPTER – III
Superintendence and Administration of Police
20. State Police Board:
The State Government shall, within six months of the coming into force of this
Act, constitute a State Police Board to perform the functions assigned to it under the
provisions of this Chapter.
21. Composition of the Board:
(1) The State Police Board shall have as its members:
(a) the Home Minister as its Chairperson;
(b) a retired High Court Judge ;
(c) the Chief Secretary;
(d) the Secretary in charge of the Home Department;
(e) the Director General of Police as its Member-Secretary; and
(f) two independent members who shall be non -political persons of proven
reputation and integrity to be appointed by the State Government.
(2) No serving government employee shall be appointed as an independent
Member.
(3) Any vacancy in the State Police Board shall be filled up as soon as practicable, but
not later than three months after the seat has fallen vacant.
22. Grounds of ineligibility for Independent Members:
No person shall be appointed as an Independent Member of the State Police
Board if he-
(1) is no a citizen of India ; or
(2) has been convicted by a court of law or against whom charges of
criminal offence have been framed in a court of law ; or
(3) has been dismissed or removed from service or compulsorily
retired on the grounds of corruption or misconduct ; or
(4) holds an elected office, including that of Member of parliament or
State Legislature or a local body, or is an office -bearer of any
14
political party or any organization directly connected with a
political party ; or
(5) is of unsound mind.
23. Term of office of Independent Members:
A person shall be appointed as an Independent Member for a period of three
year.
Provided that a person shall not be eligible to be appointed as an independent
member for more than two terms.
24. Removal of Independent Members:
An Independent Member may be removed from the State Police Board by
majority of members of the Board by resolution in wr iting on any of the following
grounds:
(1) proven incompetence ;or
(2) proven misbehavior ; or
(3) failure to attend three consecutive meetings of the State Police Board
without sufficient cause ; or
(4) incapacitation by reasons of physical or mental infirmity or otherwise
becoming unable to discharge his functions as a member; or
(5) attaining ineligibility specified under sections 22.
25. Functions of the State Police Board:
(1) The State Police Board shall perform the following functions:
(a) frame broad policy guidelines for promoting efficient, effective, responsive and
accountable policing ;
(b) identity performance indicators to evaluate the functioning of the polic e force.
These indicators shall, inter alia , include : operational efficiency, public
satisfaction, victim satisfaction vis -à-vis police investigation and response,
accountability, optimum utilisation of resource, a nd observance of human
rights standards; and
15
(c) review and evaluate organizational performance of the Police service in the
State as a whole as well in the districts against (i) the Annual Plan (ii)
performance indicators as identified and laid down, and (iii) resources available
with and constraints of the Police.
(d) examine complaints received from members of the Police Establishment
Committee about being subjected to illegal orders and make appropriate
recommendations.
26 Expenses of the State Police Board:
(1) Non-official members would be entitled to such remuneration or allowances as
may be notified by the State Government from time to time.
(2) The expenses on account of remuneration, allowances and travel of independent
members in connection with official business of the State Police Board, shall be
borne by the State Government.
27. Police Establishment Committee:
(1) The State Government shall constitute a Police Establishment Committee
(hereinafter referred to as the ‘Establishment Committee’) with the Dir ector
General of Police as its Chairperson and four other senior -most officers within
the police organization of the State as members.
(2) The Establishment Committee shall examine complaints from police officers
about being subjected to illegal orders and ma ke appropriate recommendation
to the competent authority for necessary action.
Provided that if the matter under report involves any officer of or above the
ranks of the members of the Establishment Committee, it shall forward such
report to the State Police Board for further action.
(3) The Establishment Committee shall recommend names of suitable officers to
the State Government for posting to all the positions in the ranks of
Assistant/Deputy Superintendents and above in the police organization of the
State, excluding the Director General of Police, and the State Government may
take such action as deemed appropriate in respect of such recommendations.
Provided that the State Government may suo -moto make such transfers and
postings as deemed appropriate to meet any contingency.
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CHAPTER-IV
Role, Functions, Duties and Responsibilities of the Police
28. Role, functions and duties of the police:
The role and functions of the police shall broadly be:
(a) to uphold and enforce the law impartially, and to prot ect life, liberty,
property, human rights and dignity of the member of the public;
(b) to promote and preserve public order;
(c) to protect internal security, to prevent and control terrorist activities,
breaches of communal harmony, militant activities and othe r situations
affecting Internal Security;
(d) to protect public properties including roads, railways, bridges, vital
installations and establishments etc. against acts of vandalism, violence
or any kind of attack.;
(e) to prevent crimes, and reduce the opportuni ties for the commission of
crimes through their own preventive action and measures as well as by
aiding and cooperati ng with other relevant agencies in implanting due
measures for prevention of crimes.
(f) to accurately register all complaints brought to them by a complainant or
his representative, in person or received by post, e -mail or other means,
and take prompt follow up action thereon, after duly acknowledging the
receipt of the complaint;
(g) to register and investigate all cognizable offences coming to their notice
through such complaints or otherwise, duly supplying a copy of the First
Information Report to the complainant, and where appropriate, to
apprehend the offenders, and extend requisite assistance in the
prosecution of offenders;
(h) to create and maintain a feeling of security in the community, as far as
possible, to prevent conflicts and promote amity;
17
(i) to provide, as first responders, all possible help to people in situations
arising out of natural or man -made disasters, and to provide active
assistance to other agencies in relief and rehabilitation measures;
(j) to facilitate orderly movement of people and vehicles, and to control and
regulate traffic on roads and highways;
(k) to collect intelligence relating to matters affecting public peace, and al l
kind of crimes including social offences, communalism, extremism,
terrorism, and other matters relating to national security, and disseminate
the same to all concerned agencies, besides acting, as appropriate on it
themselves;
(l) to take charge, as a police officer on duty, of all unclaimed property and
take action for their safe custody and disposal in accordance with the
procedure prescribed.
29. Social responsibilities of the police:
Every police officer shall,
(a) behave with the members of the public with due courtesy and decorum,
particularly so in dealing with senior citizens, women and children;
(b) guide and assist members of the public, particularly senior citizens,
women, children, the poor and indigent and the physically or mentally
challenged individuals, who are found in helpless condition on the streets
or other public places or otherwise need help and protection;
(c) provide all requisite assistance to victims of crime and of road accidents
and in particular ensure that they are given prompt medical aid,
irrespective or medico legal formalities, and facilitate their
compensation and other legal claims;
(d) ensure that in all situations, especially during conflict between
communities, classes, castes and political groups, the conduct of the
police is a lways governed by the principles of impartiality and human
rights norms, with special attention to protection of weake r sections
including minorities;
(e) proven harassment of women and children in public places and public
transport, including stalking, makin g objectionable gestures, sings,
remarks or harassment caused in any way;
18
(f) render all requisite assistance to the members of the public, particularly
women, children, an d the poor and indigent persons , against criminal
exploitation by any person or organized group; and
(g) arrange for legally permissible sustenance and shelter to every person in
custody and making known to all such person provision of legal aid
schemes available and also inform the authorities concerned in this
regard.
30. Duties in emergency situations:
(1) The State Government may, by notification in the official gazette,
declare any specified service to be an essential service to the community,
for specified period, which may be extended from time to time, by a
notification, as necessary.
(2) Upon a declaration being made under Sub -section (1) and so long it
remains in force, it shall be the duty of every police officer to obey any
order given by any officer superior to him in connection with the service
specified in the declaration.
31. Senior police officer performing duties of a subordinate officer:
A Senior police officer may perform any duty assigned by law or by a
lawful order to any officer subordinate to him, and may aid, supplement,
supersede or prevent any action of the subordinate by his own action or that
of any person lawfully acting under his command or authority, wherever the
same shall appear necessary or expedient for giving more complete or
convenient effect to the law or for avoiding any infringement thereof.
19
CHAPTER – V
Policing In Rural Areas and Village Police System
Police Station covering rural areas:
32. Police Stations to be self-sufficient
Police Stations covering rural areas shall be so organized as to be self -
sufficient in matters of accommodation, amenities, communication
facilities, transport and police housing. Each Police St ation will also have
access to facilities of forensic science and scientific aids to investigation.
33. Village visits by Station House Officer/Officer-in-Charge
The Station House Officer shall visit every village under his jurisdiction, as
per the minimum frequency prescribed by the Superintendent of Police
through a general or special order, and shall interact with as many local
residents as possible so as to assess the level of public satisfaction with the
police.
34. Village visits by Supervisory Officers
All supervisory officers including the Superintendent of Police shall visit
every month as many villages in their jurisdiction as possible. The purpose
of such visits shall be to review the general state of crime, the law and order
situation and the activities, if any, of violent and militant individuals or
groups in the area and to interact with as many local residents as possible so
as to assess the level of public satisfaction with the police.
Village Police System
Enlistment of village Guard and Selection Criteria:
35. Enlistment of Village Guards :
20
Each village in the district shall have at least one Village Guard, enlisted by
the District Superintendent of Police from amongst able – bodied persons of
either gender, between the age of 21 and 50 years and with unimpeachable
character and antecedents, who are permanent residents of that village,
possessing the ability to read and write in the local language, who have not
been convicted by a co urt of law or have not had charges framed against
them by a court of law in a criminal case or dismissed, removed, discharged
or compulsorily retired from any employment on grounds of corruption,
moral turpitude or misconduct, and who are not active members of any
political party or a militant outfit.
36. Tenure of Village Guards:
A person enlisted as a Village Guard will normally have a tenure of three
years, which may be renewed, upon s atisfactory performance. No renewal
shall, however, be granted to a person after he crosses the age of sixty years.
37. Removal of Village Guards :
A Village Guard shall be removed from the assignment at any time during
the currency of his enlistment, if he incurs any conditions of ineligibility
stipulated in Section 35.
38. Village Guards to be public servants:
The Village Guard shall be a public servant as de fined in the Indian Penal
Code, 1860.
39. Training of Village Guards :
The superintendent of Police sh all ensure that every person, on his
induction as a Village Guard, is administered such training course and for
such period as may be determined by the Director General of Police.
Periodical refresher training may also be organized for them.
40. Oath or affirmation by Village Guards:
Every person enlisted as a Village Guard shall take an oath or affirmation,
as may be prescribed, before the officer -in-charge of the Police Station
concerned.
41. Badge, honorarium and expenses:
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Each Village Guard will be provide d with an Identification Badge and a
reasonable monthly honorarium and out of pocket expenses, as may be
prescribed by the District Superintendent of Police. The honorarium so
fixed shall not be less than that paid to a Home Guard in the State.
42. Badge, and records to deliver up on cessation of to be Village Guard :
Any person who for any reason ceases to be a Village Guard shall forthwith
deliver up to the Superintendent of police or to an officer authorized by
him, his identification Badge and all records and documents maintained by
him as the Village Guards.
43. Duties & Responsibilities of Village Guards :
The duties and responsibilities of a Village Guard shall include:
(a) reporting the occurrence of any crime or law and order situation in the
village, at the earliest, to the police and assisting the police in bringing
the offenders to book;
(b) maintaining a general vigil in the village from the point of view of crime
prevention or prevention of a law and order problem, and promptly
informing the police about the same ;
(c) remaining alert and sensitive to any information about any suspicious
activity, movement of suspicious persons or development of any
conspiracy in the village, that is likely to lead to a crime or breach of law
and order, and promptly passing on such information to the police;
(d) assisting any citizen in arresting or handing over to the Police Station any
person or persons under Section 43 of the Code of Criminal Procedure,
1973 along with the arms, ammunition, property or any objectionable or
suspicious object, if any, seized from him, without delay. In case the
arrested person is a women, a male Village Guard shall be accompanied
by a women;
(e) securing and preserving the scene of any crime till the arrival of the
police, duly ensuring that it is not disturbed by cu rious onlookers or
anyone else;
(f) meeting the Station House Officer of the police Station at a minimum
frequency as may be prescribed by the Superintendent of Police through
22
a general or special order, to report on such activities and incidents in the
village as would have a bearing on crime law and order or other policing
concerns;
(g) maintain the prescribed records and registers;
(h) recording any public grievances or complaints in relation to policing ;
and
(i) liaising with the village Panc hayat on matters relating to crime and law
and order in the village.
23
CHAPTER – VI
Policing in the Context of Public Order and Internal Security Challenges
44. Internal Security Schemes :
The Director General shall, with the a pproval of the State Government ,
draw up an Internal Security Scheme for the entire state as well as for each
of the districts to deal with problems of Public Order and Security of State,
as specific to the area.
45. Review of Internal Security Scheme :
The Internal Security Schemes so formulated shall be reviewed, and revised
as necessary, at least once annually and more frequently if required.
46. Internal Security Scheme to specifically cover backward and
inaccessible areas :
(1) The Internal Security Schemes will, as far as possible, cover all major
problems the area. In preparing the Schemes, the Director General of
Police shall give special attention to likely disturbance of public order
arising out of non -implementation of developmental programmes in
the backward and not so easily accessible areas.
(2) The schemes will provide that officers deploying the police to deal
with situations of conflict between communities, classes, castes and
political groups shall ensure that its composition, as far as poss ible,
reflects social diversity the area including adequate representation of
weaker sections and minorities.
47. Security of critical infrastructure to be covered by the scheme :
24
The Internal Security Schemes shall, inter alia, cover the role of the police
with regard to the security of any establishment or installation relating to
critical infrastructure, if any located in the area.
48. Scheme to cover specific security requirement arising out of any
activity or programme :
(1) Any organization, while taking up a ny activity or programme which is
otherwise unobjectionable but may have the potential for disturbing law
and order may inform the police, and thereupon, the police shall take
such measures as deemed necessary to deal with the situation.
(2) While preparing t he Internal Security Scheme under Section 59, the
police shall take into consideration the contingencies of specific law and
ordExcerpt shown. Open the full act in Lexace.