Amendment status not verified — confirm the current text below against the official source.
Definitions. (1) In this Act, unless the context otherwise requires,- (a) “Act” means the Bihar Police Act, 2007. (b) “Cattle” means cattle having horns, elephants, 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 sovereignty 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, fire arms or other deadly weapons or hazardous materials in order to achieve their political objectives; (f) ‘Organized Crimes” includes any crime committed 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 inflammable 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 ( unauthorized access).illegal obstruction (illegal transfer of data to the computer system, there from or therein through technical means)interception of data( illegal loss, deletion change, hiding of computer data) interception in the system (interference in the operation of a computer 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 drugs 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 paying 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 constituted under this Act. (o) “Public place” means such place where people can enter which include the following: (i) Any public building and monument and their precincts; and (ii) Any place accessible to the public 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 magistrate 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 appointed 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 investigation 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 the 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 Clauses 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 Service 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 Director 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 shall be appointed from the panel of officers, which include officers already 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 General 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 Tenure by the government on the reasons which are as follows: (a) He has been convicted by any court for any punishable crime or he has been charge sheeted by any court 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 the consent of the officer promoted on any higher post under the State or the Union Government. (d) Any other administrative reason, which 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 and 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 supervision two or more police station may be placed under one police circle. (3)The head of the police station shall 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 connected 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 notification, may constitute police 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 the rank of Inspector to Constable on any special post, shall be made by the 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 range to another shall be made by the committee constituting Inspector General 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 which 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 District Magistrate, shall be exercised by the District Superintendent of Police subject to the general control of the District Magistrate. (12) District Administration