Para 283 to 300 (Chapter XXII Records and Confidential Documents) Uttar Pradesh Police Regulations

Bihar Judiciary (PCS-J) Preparation Bihar Assistant Prosecution Officer (APO) Preparation

283. List of registers to be kept in police stations-

A list of the registers to be kept up at and the returns to be submitted from stations will be found in Appendices I and II.

284. The Police Gazette and the Criminal Intelligence Gazette-

The Police Gazette and the Criminal Intelligence Gazette are supplied to the police stations. Volumes of five complete years should be kept, those of other dates should be destroyed.

285. Annual preparation of certain lists-

The following lists will be prepared annually in the Superintendent’s office from information supplied by the District Magistrate and will be sent to every police station to be kept on a file in the station office till the close of the year :

(a) A list of persons resident in the district exempted by the name from any of the provisions of the Arms Act, with a list of the persons licensed under the Arms Act residing or carrying on a licensed business within the limits of the police station. To every police station on the border of another district should also be supplied a list of exempted persons residing within the limits of adjoining police stations of that district.

(b) A list of all persons holding licenses under the Excise or Opium Acts, and carrying on a licensed business within the limits of the circle.

(c) A list of all public ferries within the limits of circle with the names of the licensees.

286. List of documents to be kept on file in every police station-

In every station house, the following lists should also be kept on file in the office :

(1) Of all Government property

(2) Of all Acts and books of reference.

(3) Of rural beats of constables 

(4) Of registers maintained at the stations

(5) Of reporting days for rural police

(6) Of officers and men attached to the station, with dates of posting.

(7) Of officers by whom the station has been inspected since December 31, with dates.

(8) Of Acts or portions of Acts applied or extended to the Circle, (Paragraph 338).

(9) List showing receipt and distribution of pay, rewards and allowances.

(10) History-sheeters, class A.

(11) History-sheeters, class B.

(12) Leave applications.

(13) Reward applications.

(14) Good conduct allowances to village chaukidars.

(15) Residents of the circle who have been convicted whether inside or outside the circle.

(16) Cases supervised by gazetted officers.

(17) Cases of snake-bite and death from wild animals.

(18) Cases under the Stage Carriages Act.

(19) Cases under the Motor Vehicles Act.

(20) List of village chaukidars. Whether a particular inspection was an annual or a casual inspection should be shown on list (7).

Whenever an inspection is made an entry in the list should be made immediately. The list for each year should be kept for a second year for reference.

287. Set up of Notice Board at every police station-

A notice board shall be set up in a conspicuous place at every police station for proclamations and public notices. The officer-in-charge shall remove or renew notice as occasion requires. If any of the sections of the Gambling Act, except Sections 13 and 17, have been extended to any place within the limits of the station circle, a notice stating the boundaries of the place should be kept on the board and renewed as often as it becomes illegible. 

288. Map of police station.-

A map showing the position and boundaries of all villages in the station circle should be hung on the wall of the station office. If the station circle contains any town or city or part of any town or city, there should be a map showing mohallas and beats.

Note.- These maps are in addition to those maintained for the classification of burglaries.

289. A list of forms should be kept at police stations.-

A list of the forms to be kept at police stations is published separately. Forms should be supplied to a police station only when the stock in hand, there is low and not as a matter of course on receipt of supply from the Government Press.

290. Preparation of Inspection book at every police station.-

In addition to the blank book prescribed by paragraph 9 of these Regulations for inspection by Magistrates an inspection book in each of the authorized printed form (Nos. 25 and 35-A) will be kept at each police station for departmental officers only and will be used both for detailed and casual inspections. Notes of all inspections made by gazetted police officers will be forwarded by the Superintendent of Police to the District Magistrate.

291. Maintenance of G.D. and C.D.-

All blank volumes of general and case diaries must, when received from the Government Central Press, be stamped each page with the Superintendent’s office stamp before being stocked in his record-room and the number of volumes received should be noted in the stockbook of registers and forms (Manual Miscellaneous Form No. 33-R). Care must be taken to see that no pages have been abstracted. Blank volumes of diaries must be kept in safe custody.

The general and case diaries should be maintained in the following manner:

(i) The issue register of the record-room should show the serial number and year of print of the revised volume issued to a police station or outpost.

(ii) The name of the district, and of the police station or outpost to which a particular volume is issued and the date of issue shall be stamped at each page of diaries at the time of issue.

(iii) The rubber stamps in use should be kept under lock and key so that they may not be used on blank volumes kept in the record room without the specific orders of the gazetted officer-in-charge of the office who shall be responsible for the safe custody of the rubber stamps.

(iv) The stock of blank volumes should be physically checked once a month by an officer of the Police Department not below the rank of a gazetted officer and the entries in the register should be initialed by him.

(v) No volume should be issued without the explicit orders of an officer on the Police Department not below the rank of a gazetted officer. The requisition form for such diaries should require the countersignature of a gazetted officer before a volume is issued.

(vi) Each police station is allowed to retain only one spare volume of each diary for use in emergencies. When it is brought into use, an entry to this effect giving the volume number and year of print should be made in the general diary. In case of outposts, no spare copy need be issued.

(vii) A separate case diary volume should be issued to each investigating officer and in the case of his transfer, he should hand it over to his successor and not in his charge certificate the number of both used and unused pages of the case diary.

(viii) Circle officers should check, during their casual inspection, that not more than one spare volume of each kind is kept at the police station, and certify that it is not being misused.

(ix) Circle officers should also ensure that Peshi clerks check that the pages of general diary / case diary are being received by them according to their serial number.

(x) Overwriting is not permitted in diaries. Not more than one line should be written on each ruled line of the diary. A horizontal line should always be drawn across any part of a ruled line which remains unused.

(xi) Whenever any volume of a case diary or general diary with blank pages is deposited in the record-room, each such page must be cancelled under the signature of a gazetted officer so that it may not be used. Such volume containing blank pages should not be retained at police station / outpost unless they are required for cases under trial in Court. In such cases, these volumes must be produced before the circle officer who will cancel the unused pages of case / general diaries as the case may be.

292. Numbering on G.D. and C.D. and a note on last page showing the number of pages.-

Before blank volumes of general and case diaries (Police Form No. 217 and 342) leave the Superintendent’s office for distribution, the pages must be carefully counted to see that there are no mistakes in numbering on the part of the Government Central Press, and at the beginning and end of each volume, a note must be made showing the number of pages contained therein and any mistakes in numbering that have been found. This entry must be signed by the Superintendent of Police or other gazetted officer.

293. Index of case diary.-

When volume of the case diary is brought into use Form No. 280 should be prefixed to it as an index. '

294. Method for writing General Diary.-

The general diary (Police Form No. 217) shall be written in duplicate under the superintendence of the officerin-charge of the station, who is responsible for the entries made in it and must sign it daily. The “officer-in-charge” includes the officer in temporary charge under Section 2 of the Code of Criminal Procedure, 1972 (2 of 197). The duplicate copy will remain in the police station, the original being sent to the Superintendent or Assistant or Deputy Superintendent-in-charge of the subdivision. The diary should be a complete but brief record of the proceedings of the police, and of occurrences reported to them or of which they have obtained information. With the exceptions specified in the following paragraph, details contained in a first information report, case diary, or separate report need not be repeated in the general diary.

295. Recording of matters in General Diary.-

The following matters must be recorded in general diary :

(1) Report of the morning parade with a note of the cause of absence of any officer or man.

(2) Verification of cash balance and inspection of malkhana by the officer-in-charge.

(3) Distribution of daily duties and grant of casual leave,

(4) Departure and return of police officers on and from duty, transfer or leave.

(5) Reports of the performance of all duties e.g., beat duty, processserving, inspection and investigation.

(6) Transfer of charge of the police station or of the head moharrir’s duties.

(7) Postings and relief of sentries when under paragraph 59 they have to be posted and relieved by a sub-inspector or head constable.

(8) Receipt and disbursement of cash.

(9) The fact that the police have taken possession of any property together with brief details of such property and of the action taken to dispose it of.

(10) Arrests made at the police station.

(11) The arrival or departure of prisoners with a statement, in the case of departing prisoners, of the reasons for imposing or not imposing handcuffs.

(12) admission of prisoners to bail at the station.

(13) Reports of offences, with number of check receipt )Form No. 341 or 347), distance and direction from the station of the village from which the offence is reported; and, in the case of cognizable offences the number of offences reported; and, in the case of cognizable offences the number of offences reported from that village up-to date during the year.

(14) Reports of all occurrences which under the law have to be reported or which may require action on the part of the police or the magistracy, or of which the district authorities ought to be informed.

(15) Action taken on reports.

(16) Details of papers received and despatched.

(17) Inspections of the station by gazetted officers and inspectors.

(18) On the 1st and 16th of every month a list of outstanding references and orders.

(19) On the 1st and 16th of every month a statement of all property taken possession of by the police and present in the malkhana pending disposal.

296. Entries in General Diary.-

During the day, reports of all kinds must be entered immediately on the occurrence of the events to which they refer. During the night, reports of the following events must also be entered immediately :

(a) All offences and all events which require immediate action on the part of the officer-in-charge.

(b) Arrival or dispatch of prisoners, money and property.

(c) Posting and relief of sentries when carried out by an officer under paragraph 59.

297. Closing of General Diary.-

Unless the Superintendent prescribes some other time to fit in better with the post or other method of dispatch, the generally diary should be closed for each day at sunset, and entries made during the night will form part of the diary of the following day.

298. Any entry in the G.D. coming to the notice of D.M., S.P. may send the diary in original to D.M.-

Whenever any entry in the general diary should be brought to the notice of the District or Sub-Divisional Magistrate, the Superintendent may send either the diary in original, or a copy of the entry.

299. Procedure for production of G.D. before Court.-

I. When a summons to produce a police diary is served upon a Superintendent of Police or a police officer subordinate to him by a Court or an application for production of such a diary is received from a Court in any case not covered by Section 172 of the Code of Criminal Procedure, the Superintendent of Police shall permit diary to be produced and inspected by the Court and allow evidence derived from it to be given unless its disclosure would in his opinion be detrimental to the public interests, or other valid reasons exist for withholding the same.

II. (a) In respect of documents emanating (1) from a higher authority, viz., the Governor, the Secretary of State for India, the Government of India, or the Provincial Government, or which have formed the subject of correspondence with such higher authority, or (2) from other Governments, whether foreign or dominion, the Superintendent of Police should obtain the consent of the Government of India, or the State Government, as the case may be, through the usual official channel before agreeing to produce documents in Court or allowing evidence based on them, unless the papers are intended for publication, or are of a purely formal or routine nature, when a reference to higher authority may be dispensed with.

(b) In the case of paper other than those specified in Rules I and II (a) above, the Superintendent of Police should not allow production of the correspondence if it relates to matters which are generally regarded as confidential, or disclosure of which would in his opinion be detrimental to the public interest or to matters which are in dispute in some other connection or have given rise to a controversy between Government and some other party.

III. (i) In case of doubt in regard to the documents mentioned in Rules I and II above, the Superintendent of Police should invariably refer to the Inspector-General of Police for orders. If it is considered that permission to produce a document should be withheld, the Superintendent of Police will either appear in Court himself with the documents concerned and claim the privilege allowed by Section 123 or Section 124 of the Evidence Act or he will issue an order in the form noted below which must be produced by the Government servant who is directed to attend the Court as a witness with such documents at the time of giving evidence and he should explain that he is not at liberty to produce the documents before the Court or to give any evidence derived from  them. He should, however, take with him the papers which he has been summoned to produce.

(ii) The Superintendent of Police should abstain from entering into correspondence with the presiding officer of the Court concerned in regard to the grounds on which the documents have been called for. He should obey the Court’s orders and should appear personally or arrange for the appearance of another officer in the Court concerned with the documents and act as indicated in sub-rule (1) above and produce the necessary certificate if he claims privilege.

FORM OF ORDER

Summons from the Court of the …………………….. for the production at ………………of the office files relating to the ………………….

(a) I direct…………………. To appear with the files mentioned in the summons and claim privilege for them under Sections 123 or 124 of the Evidence Act.

(b)I withhold permission to give any evidence from the files for which privilege is claimed under the order. It should be represented to the Court that these files contain……………….

Relating to officers of State unpublished official record…… [confidential matters the disclosure of which would be against public interest]

for the purpose of Sections 123/124 of the Evidence Act [and that in view of the provision of Section 162 of that Act the files are not open to the inspection of the Court].

Superintendent of Police

……… Dated the

300. Identity of sources and agents will be confidential.-

It is universally recognized as fundamental principle of police procedure that the identity of sources and agents who supply secret information should be known only to the officers who employ them and to such other officers as the head of the Police Force may determine and that every precaution should be taken to protect the secrecy of confidential records and documents.

No members of the Police Force, therefore, shall disclose or be required to disclose to persons within or without the Force the source from which or the channel through which such secret information is received except under the special or general orders of the Inspector-General of Police.

No member of the Police Force shall transit any person outside the Force any confidential records or document or information derived from such document except under the special or general orders of the Inspector-General of Police.

When it is necessary to transit secret information to persons outside the Force the greatest care must be taken to avoid the possibility of exposure of the source from which or the channel through which such secret information has been received. Reports must be summarized or paraphrased and an original report or a copy of an original report shall on no account be transmitted.

Note.- The disclosure or communication of secret information relating to the operations of persons committing or conspiring, preparing or attempting to commit such crime as mentioned in sub-section (1) of section 58 of the Government of India Act, 1935, is governed by such rules and orders as the Governor may issue in exercise of the power conferred on him by Section 58 of the above Act 

Free Judiciary Coaching
Free Judiciary Notes
Free Judiciary Mock Tests
Bare Acts