Amendment status not verified — confirm the current text below against the official source.
State Secunty Commzsswn.---{ l) The Government shall, by notification m the official Gazette, constitute a State Secunty CommiSSIOn for d1schargmg such functiOns and duties ass1gned under th1s Act (2) The Comm1ss1on shall constst of the followmg members, namely- (1) the Mm1ster m-chargc of Home Department who shall be the Chatrman, (u) the Mm1ster m-charge of Law, (m) the Leader of OppositiOn, (1v) a ret1red Judge of the H1gh Court nommated by the Ch1cf Justice of the H1gh Court of Kerala, (v) the Ch1ef Secretary- ex-officto, (vt) the Secretary to Government, Home Department- ex-offic1o, (vu) the State Pohce Ch1ef- ex-offic1o, (vtu) three non-offic1al members, who shall be persons of emmence m pubhc hfe w1th wtde knowledge and expenence m mamtenance of law and order, admm1stratwn, human nghts, law, social serv1ce, management of publtc admmistrauon, nommatcd by the Governor of whom one shall be a woman (3) The State Pohce Ch1ef shall be the Secretdry of the CommiSSion, • I • 15 ...._ (4) Every nommated member shall, unless they vacate therr offices earher by res1gnatwn, death or otherw1se, hold office for a penod of five years and shall be ehg1ble for re-nommat10n ' (5) If a nommated member of the CommiSSion IS absent w1thout suffic1ent cause for more than three consecutive meetmgs thereof, the Cha1rman of the CommiSSion may remove such member from the membership of the Comrmsswn· Prov1ded that no member shall be removed under the proVISIOns of th1s sub-section except after g1vmg h1m a reasonable opporhmlty for showmg cause agamst such removal (6) Any nommated member of the CommiSSIOn may res1gn h1s office by g1vmg not1ce m wntmg of h1s mtentwn to do so to the Cha1rman and on such resignation bemg accepted, he shall be deemed to have vacated h1s office (7) The vacanc1es ansmg m the Secunty CommiSSion shall be filled up w1thm three months (8) The Comm1ss1on shall regulate Its own procedure and the conduct of the busmess transacted by 1t (9) The fees and allowances payable to the nommated members of the State Secunty Commtsswn and the1r cond1t1ons of serv1ce shall be such as may be prescnbed 25 Functzons of the Commtsswn -(I) The Commtsswn shall have the followmg functwns, namely - (a) to frame general pohcy gUJdelmes for the functwnmg of the Pohce m the State, (b) to 1ssue d1rectwns for the 1mplementat10n of cnme preventiOn tasks and serv1ce onented act1v1t1es of the Pohcc, (c) to evaluate, from trrne to time, the performance of the Pollee m the State m general, (d) to prepare an annual report of the actLvltles of the CommiSSIOn and submit 1t to the Government, (e) to prepare the gu1delmes for the changes to be earned out, from time to ume, m the State Pohce, and (f) to d1scharge such other functiOns as may be ass1gned to 1t by the Government 16 (2) The teport submttted by the Commtsston under clause ~ nf sub-sectiOn (I) shall, on recetpt, be placed before the Legtslattve Assembly (3) No Act or Proceedtngs of the Commi'\SIOn sha!l be deemed to he mvahd merely by reason of any vacancy m the CommiSSion at the time any such Act or Proceedmg-. was done or Issued (4) Notw1thstandm~ any gUJdehne~ or d1rectwns 1~sued by !he Comnusswn, !he Government may lawfully l~'>UC such d1rect10ns as 1t deems necessary on any matter, 1f the SituatiOn so warrants, to meet any emergency (5) fhe d1rect10ns of the Cornm1sswn shall be bmdmg on the Pollee Department Prov1ded that the Government may, for reasons to be recorded m wntmg, fully or partially, reJect or mod1fy any recommendatiOn or dm~ctwn of the C Omi111SSIOn 26 E\(1/uatwn of Pol tee performance-( 1) The State Secunty ComrniS!-.IOn, shall every year, appomt a panel of three experts, famthar with the functiOnmg of the Pohce or public admm1strat10n or soewlogtcal or <.,nmmologlcal ~tud1e!-, to evaluate the performance of the Pohce 111 the prevwus financial year and to suggest the pcrfom1ance standardo; for the succeedmg financ1al year (2) The members of the panel appomted under sub-~ecuon (I) ~hall not be contmued as members contmuously for more than two terms (3) The State Secunty Comn11S!>IOn may fix the cntena for evaluatmg the perfonnance of Pohce actiVIties by d1scouragmg the preparatiOn by Pohce the cnme ~tatlstiCS by conscwusly hmttmg the reg1strat10n of cnmes and takmg care to avo1d constdenng such statt!>tiC~ as proof of reductton of cnmc and taking care to evolve standards o~ quahtatJve excellence 111 relatiOn to manpower utthzauon and resource utihzaiion m the Pollee Department, d1fferent <;ervJccs rendered by Pollee and Pohce actiVttle<; m all fields (4) The State Secunty Commt~ston shall every year fix pc1 fonnapce standards to be attamed by vanous umts and branches m the ~ucceedtng financial year and the same shall be commumcated to the concerned before the first day of March m the current finanCial year • • • ' , .... 17 \ CHAPTER v . DUTIES AND RESPONSIBILITIES OF ·A POLICE OFFICER 27" Duty of a Pollee Officer.-It shall be the duty of every Pollee Officer to undertake all reasonable and lawful actiVIties for the effic1ent and effecuve d1scharge of pohce dut1es spec1fied under th1s Act m respect of the d1scharge of dut1es entrusted w1th h1m • 28 Response of a Polzce Officer-Every Pohce Officer on duty shall remam m a state of mental and phys1cal alertness and respond as qUickly as practtcally poss1ble to any SituatiOn that, comes to h1s not1ce m respect of wh1ch Pollee are lawfully n;qUJred to d1scharge thetr duttes 29 Behavwur of Pollee Officers -(1) All Pollee Officers on duty, m the1r dealmgs wtth the publtc, shall exh1b1t courtesy, propnety and compassJon appropnate to the occasiOn and use pohte and decent language. \ . (2) The fohce Off1cers shall not use force agamst anybpdy or threaten that force be used or take any adverse pohce actiOn or legal actiOn unless 1t IS necessary to carry out aqy lawful purpose (3) The Pohce Officers shall exh1b1t spec1al sympathy m theu deahngs with the v1cttms of cnmes and g1ve due cons1derat10n to the spec1al needs of women, ch1ldren, semor c1ttzens and the d1fferently abled (4) The Poltce Officer shall g1ve up unnecessary show of aggressiOn and av01d mtemperate behav1our even on provocation (5) The Poltce Officer shall not m1sbehave or use mdecent language to anyone m the1r care or custody (6) The Pohce Officer ~hall ensure themselves that they appear m publtc 1 • place m good phys1cal groommg and are not m a sloppy or unclean or untidy ~state, unless the same was caused by the d1ltgent performance of any duty at that t1me 30 Pollee Officers to mmntam good health -( 1) All Pohce Officers shall m<~mtam good phys1cal and mental health •· . , (2) The State Pohce Ch1ef may, s~bJect to any duectJOn that may be 1ssued by the Government m th1s regard, spec1fy the standards of phys1cal and mental eff1c1ency to be matntatned by a Pohce Off1cer, by g1vmg due cons1derat10n for age, gender, nature of dut1es• and ·the rgeneral standards prevalent m the soc1ety '• ' L I. . ' ~·~29/JI. · .. 18 I .... ' (3) No Police Officer sha I be d1scnmmated by reason of failure m mamtammg the physical health standard accordmg to the standards spec1f1ed under sub-section (2) due to any InJUry or the circumstances faced m the discharge of duty or a long time chrome ailment • . . Provided that subject to the norms and procedures prescnbed by the Government, a person who IS phys1cany and mentally,unfit to discharge Pollee duties shall be discharged from <>erv1ce by g1vmg compulsory pensiOn or special ·benefits (4) Government shall, subject to resources, proVIde special arrangement<> for g1vmg mcent1ves and mfrastructure facilities for the promotiOn of phy:,1cal and mental health among members of the Kerala Pollee 31 Pollee to keep 1njormatwn conjidentwl--{ I) All mforn1dt1on collected by the Police m respect of • the actiVIties of any mdiviCiual or m~;tltutiOn, 1p the course of discharge of their duties shall be kept confidential except for the purpose of usmg such mformatlon for any official needs (2) Official purposes shall mclude publication of the sa1d mfonnat10n for the detection of or prevention of cnmes (3) No persons m custody shall be paraded or allowed to be photographed an'd no press confereqce shall be conducted without the permiSSion of State Police Ch1ef for the purpose of pubhshrng the same m the news paper or m any visual med1a 32 Pollee Officer!> liable to explam -(I) Any person or h1s representative m mterest shall have the nght to seek and be mforrned of the reason for any pohce action wh1ch adversely affected hi'> body or property or reputatiOn (2) A Police Officer while performmg any act wh1ch 1s hkely to endanger or adversely affect the body, property or reputation of any person, shall, as IS reasonably practicable under each particular circumstance, mamtam records of h1s actiOns wh1ch are done under any law or order of the State Pohce Cluef wh1ch governs such acts as may be prescnbed by any law go\emmg such act or as ordered by the State Pollee Chief Provided that nothmg 10 th1s section shall prever.t the demal of fum1shmg mforrnat10n to any person on the ground that 1t will be preJUdiCial to the mtere~t of an ongomg mvest1gat10n or tnal or secunty of the State 33 Pollee and public may keep audw or v1deo or elecl!omc rGcords- (I) The Pohce may make and keep aud1o or v1deo or electromc records of any activity performed by them dunng the discharge of their duties and such records may be used m any proccedmgs m wh1ch the correctness of Pollee action 1s called m questiOn • • I j I ~ ' l i I l 1 19 ~ . (2) No Police Officer shall prevent any member of the public from lawfully makmg any audio or video or electromc record of any Police action or activity earned out m a public ot pnvate place 34 How to make complamt~ to the Pollee -Subject to the. provisions of • the Cnmmal Procedure Code, 1973 (Central Act 2 of 1974), a complamt to the Police may·be made orally or m wntmg or by. gestures or by signals or b'y digital or electronic means and the concerned Police Officer IS bound to take appropnate legal action thereon 35 Po!tce to behave decently towards wllnes~es -(1) Where any person who IS acquamted with the facts and circumstances of any matter which IS to be legally enquired mto by a Police Officer m h1s official capacity may take steps to seek and understand that matter from such person, ensurmg that such person 1s not unnece~sanly disturbed • (2) All such persons shall, nom1ally, be approached at their residence or place of work when they are available there and no children, women or semor Citizens shall be summoned to the police statiOn for the purpose (3) Any such person who put to senous mconvemence leadmg to the loss of h1s wages for any day on account of ass1stmg the Pohce for scekmg and understandmg any fact or Circumstance, shall be pa1d an amount from the Cnmmal Justice Miscellaneous Expenses Fund as may be determmed by the State Pohce Ch1ef, subject to the norms as may be prescnbed 36' Personal details for Ldentzjicatwn be furmshed on demand---{ I) Every person shall fum1sh h1~ personal details to Identify him 1f so requrred by a Pollee Off1cer on sufficient reasons (2) Such Pollee Officer may take appropnate and reasonable steps for estabhshmg the Identity of a person and for th1s purpose, such Pohce Officer may create and prepdre such personal Identification records as may be appropnate for. each Circumstance (3) No person shall, by reason of the authonty under this sectiOn, be arrested or kept m custody or subjected_ to any restnctwn on movement m any manner, merely on the ground that the details of 1dent1ty furnished by such pcr<>on needs to be venfied ( 4) All Pohce Officers exercising authonty under th1s sectiOn shall wear 1dentlly badge or card m such a manner as to be VISible to others and show such official 1dent1ty record on demand by any person ,. ---- ------- 20 37 Entry of polzce m pnvate place!. -Every Police Officer, 1f he has good and suffic~ent reasons, for wh1ch he shall be accountable and respons1ble, shall have power to enter m any pnvate place by g1vmg due cons1derat10n for custom, decency, pnvacy and propnety, for the purpose of ensunng secunty or for preventmg unmment danger ... • Prov1ded that the Pohce Officer shall, as far as poss1ble; stnve to obtain the co-operation and consent of the person m charge of the bUildmg and prem1ses before exerc1smg the sa1d power · 38 Polzce to mterfere for preventing offence --(1) Any Pohce Officer shall • • lawfully mterfere to prevent and stop to the best of h1s ab1hty any offence gomg on nr about to take place m h1s presence or VICinity . ' (2) For this purpose, he may lawfully demand and accept the servH.:~s of any able-bod1ed adult person on the place and no person shall d1sobey, w1thout reasonable cause, the lawful and reasonable d1rect10ns so g•ven by the . . said Officer present at the place (3) No Pollee Officer shali arrest or remove a person so.lely on the ground that he d1sobeyed such d1rect10ns Moreover, no legal proceedmgs shall be ll:lltiated agamst such person Without the pnor permiSSion of the D1stnct Pohce Ch1ef, on the ground that he failed to render the serv1ces sought for 39 Lawful dzrect10ns of polzce to be complzed wllh --( 1) A:ll pen;ons shall comply w1th the lawful directions g1ven by a Police Officer for the d1s:harge of h1s funct1ons under the Act (2) For ensunng the compliance of aQY lawful d1rect10n dunng the discharge of any lawful duty conferred on any Polloe Officer under tQIS Act or any Rule, regulatiOn or order made thereunder, a Pohce Officer may,- {a) warn a person, who IS about to commit an offence pumshable under any law or any rule or order made under any law, for preventmg the same, ' (b) reqUire any person to comply with any law ·wh1ch spec1fies the manner qt wh1ch such person shall act on h1s own matter or m the matter of another person or 'on any matter under h1s charge, (c) subJect to the prov1s1ons of clauses (a) and (b), a Pohce Officer may arrest any person who IS comm1ttmg an offence or has committed an offence m h1s presence 1f such arrest IS cons1dered lawfully neces~ary, (d) se1ze any articles wh1ch IS used or about to be used for comrmttmg the offence, ~ I , I l ; . j I j I ~ j 21 • ,. )... (e) seize any article relatmg to which an offence has been committed, If such seizure of that article IS necessary for preventmg such offence or for mvestigati!lg such offence • 40 Removal by pollee -.--(1) Where five or more persons, at a place where the public are .Present, resist, refuse or fails to comply w1th any directiOn g1ven by a Police Officer, such Pohce Officer may, w1thout prejudice to any other action he may take under any provision of thts Act or any other law remove such persons to.a nearby and adverttsed are'!~ where the publtc have entry and they shall be released at the earhest after seekmg and recordmg the1r names and addresses Provided that under any circumstance, the persons so removed shall not ·- be kept for more than, three hours (2) Such mass removal and release thereof wtthm three hours shall not be deemed to be an arrest m respect of an offence I 41 Pollee actwn m offences requ1rmg !>pecwl "authonsatwn -(I) A Pohce Officer, who IS not authonsed by rank or jUnsdictiOn under any spectal law to arrest or setze a person or object who had mamfestly mvolved m a cogmzable offence, may keep that person or object for a maxtmum penod of SIX hours so as to render ·It posstble for another legally 'Competent Police Officer or authonty to come and take lawful action (2) The authonty under sub-sectiOn (1) shall be used by a Poltce officer only m circumstances under wh1ch there ts the reasonable posstbtlity that the accused ts likely to escape or that evtdence may be destroyed due to the absence of competent officer or authonty, unless he acts as such (3) A Police Officer actmg as. s.uch shall, subject to legal practtcabthty, m the presence of competent wttnesses avatlable, keep the person or the object at a place whtch IS reasonable, sut.table and appropnate under that spectal circumstance - 42 Mamtenance of law and order and prevention bf danger- (I) .In order to prevent senous disorder or breach of peace or mamfest and tmmment danger to persons assembled at any place, any pohce officer present at such a • place havmg JUnsdictiOn may give such lawful directiOns m respect of· the conduct of pt'rsons '!I such places as he constders necessary and all persons shall be bound to comply with such directiOns • (2) Any Police Officer shall for ~IVlng effect to the prov1stons of sub- section (I) have free entry m every public place mcludmg pnvate establishments whe~e members of the public are present , 22 43 Pollee uniform to be dtstmc.llve, exclustve and eastly tdenttfia'l11e- (1) The State Police Ch1ef may, w1th the pnor approval of the Govemment, specify the umfonn of all ranks and Cdtegones of Pohce Otlicers kecpmg m v1ew the need that such umfonn shall be distmctive, exclusive and easily Identifiable, (2) The State Pohce Ch1ef may specify the occasiOns and the 1nanner of wearmg the umfor.n and the duties for whH,h umfonns are to be compubonly worn, optiOnally worn or not worn •. (3) A Pohce Officer shall alW'!lys mamtam h1s umfonns neatly, properly, suitably and m a state of good repair . " (4) No person other than a Pohce Officer d1schargmg official purpo~e shall, except fqr artistiC or scientific purpose, wear any pohce umfom1 or any dress which IS hkely to have a feelmg that It IS a pohce umfonn (5) An officer authonsed by the State Pohce Ch1t:f shall dec1de on the basis of the observation of the observer whether a particular drc~s worn by a person creates such an Impression that person weanng such dre~s IS a Pohce Officer when the person weanng such a dress IS standmg at a d1~tance of twenty five meters from the observer 44 Pollee duty vehtcle!>· to be dtstmcttve, exclu!>tve and tdentlfiab!e --- (I) The State Police Ch1ef may, With the pnor approval of the Government, specify the colour, markmgs, equ1pments and accessones to be fitted to every police duty vehicle keepmg m v1ew the need that such vehicles. shall be distmctive, exclusive and easily Identifiable (2) All police duty vehicles With suc-h specified appearance shall respond to any emergency call for help from any person and be u~ed for g1vmg . Pohce assistance which IS reasonable and appropnate to the occasiOn unlc:ss 1t IS engaged m some other emergent or Important duty at that time (3) No person, other than a Police Officer actmg for officja! purpose shall keep, except for artistic or scientific purpose, any vehicle _m such a condl!Ion as to create an ImpressiOn that the sa1d vehicle 1~ a Fohce vehicle and an Officer authonsed by the State Pohce Ch1ef may decide whether a particular vehicle creates such an ImpressiOn that such vehicle appears hke a pohce duty vehicle to an ordmary observer standmg at a d1~tance of hundred meters away from the vehicle • I I 23 ~5 Specwl powers zn d!Siurbed areas -( 1) The Government may declare any area as a "dtsturbed area" when such area !S wtdely and mtolerably beset w1th v10lence or d1srupttve acttvtttes or destructton of publtc property on account of communal or poltttcal causes or VIolence or terronst or antt-nattOnal acttvtties (2) Wh.en an area 1s declared as a "d1sturbed area", an Officer, not below the rank of Deputy Supenntendent of Poltce aQd deputed by the Dtstnct Poltce Chtef, m the mterest of !l}amtenance of law and order, may- (a) 1mpose reasonable restnct10ns on the movement of persons and. vcht~les m such area, ' (b) order to any person, who m the op1mon of the Police, may carry on act1v1t1es preJUdicial to the mamtenance of law and order 1f restnct1ons are not tmposed on hts acttvttles, to keep the Pohce mformed of lus whereabouts m the manner d1rected by the Pohce, · (c) suspend arms and explos1ve hcences m such area ·and dtrect the hcencees to lodge the1r weapons wtth the Pohce for keepmg them, . (d) search any person or vehtcle or contamer entenng mto or Jeavmg from such area 46 Restrwnt on arrested persons -(1) A Poltce Officer may use appropnate restncttve measures to ensure that the person arrested by h1m does not escape from custody unlawfully and may us~ necessary force agamst such person who ts trymg to escape · (2) Handcuffs shall not be used on an arrested person unless the Pohce Officer arrestmg the person has suffic1ent ground to beheve that the arrested person shall escape from custody or mJure h1mself or others 1f not handcuffed or the Pohce Officer has not recorded such grounds m wntmg (3) Where any person IS arrested and kept m the custody of the Pohce, he shall be pemutted to wear the dress wh1ch 1s decent and appropnate under the Circumstances ·and wh1ch he IS used to wear 4 7 Keep m custody of msane persons. d1 unkards and perSons with til ness-( 1) The Poltce may take tnto protecttve custody of any person who ts found mcapable of lookmg after h1mself due to msamty, lunacy, use of mtox1catmg substances or othern•1se (2) For the protection of the mterest of the person taken mto such ~ protectt"ve custody, a med1cal mst1tut10n may be requested to keep such person under observatiOn or for treannent for a penod not exceedmg 24 hours 1f such an emergent actton IS nece.;;sary and the authonttes of such mstttut10n shall be bound to comply wtth such request 24 ,. (3) If any Mag1strate competent under any ex1stmg law to dec1de on the treatment and custody of such person, the fact thereof shall be mfonn1d to such Magistrate Without any delay and further action shall be taken m accordance With the order of the Magistrate • 48 M,edzcal examznatzon of .the accused -Any qualified med1cal practitioner shall be bound to 'conduct medical exammat10n of an accused or suspect person who IS produced before h1m by a Pollee Officer for med1cal exammat10n on the request of such officer 49 Medzcal treatment of the accused-( I) All hospttals shall render . suffictent factht1es as far as pracllcable under the circumstances for tJ.:le treatment of persons m Pohce custody under adequate pohce surveJllance and observation (2) Hospttal authonttes, on requtsttwn by Pollee shall• be bound to produce copy of all medtcal records relatmg to the treatment of such persons (3) Any persor1 admttted mtttally to a pf)vate hospttal m an emergency shall be sh1fted to a Government hosp1tal at the earhest wtth the perm1ss1on of • or the doctor who exammed h1s medtcal condtllon (4) The copy of the repoJ1 of the medtcal exammatton and treatment of a pe~son m pohce custody shall be gtven on the request of the accused or theu relatives 50 Actzon zn respect of InJury of those zn polzce custody -When any ,.. person ts taken mto Poltce custody m a physically InJUred condttiOn or any person who IS physically InJured due to the use of force by a police officer COmplaints about hiS physical InJUry Or the matter of SUStammg lllJUry comes tO the notice of the Pollee Officer such person shall be taken before the nearest qualified medv;:al practitiOner and the medical practitiOner shall seek and understand about the InJUry and the manner of 1ts causation and record the same and shall render necessary treatment Prov1ded that such person IS medically fit to. be taken before a Magistrate, he shall be produced by the Statton House Officer before the JudH 1al Magistrate havmg JUTISdJctlon or before an Executive Mag1strate 1f 1t IS outs1de the JUTISdlctlon of such JudJctal Magtstrate and the satd Magistrate shall sec.!< and understand detatls of the IOJUred m respect of the matter m wh1ch the mJury was caused • Provided further that the mjured IS not in a co.nd1t1on to be produced before a Magistrate, the details of the· mc1dent and circumstances shall be furnished forthw1th by the Station House Officer to such Magistrate and a copy of the sa1d report shall be g1ven to the medical officer and the InJUred and proper acknowledgement shall be obtamed from them m wntmg · .. • 1 I ~ 25 ).51 Serv1ce prov1ders to mamtam records .-All serv1ce pro:v1ders, belongmg to ~uch categones as may be not1fi~d for the purpose by the Government from t1me to t1me, shall mamtam accurate records m respect of the 1dent1ty of persons to whom they have provided serv1ces along w1th the detaJ!s of the nature of serv1ce prov1ded and all such records shall be kept for such penods as may be fJXed by the Government 52 Serv1a prov1ders to g1ve mformatwn to 'pollee-( I) All serv1ce prov1ders who render any serv1ce shall, on demand by a Pohce Officer 10 the course of discharge of offic1al duties, fum1sh the deta1ls and records of any particular serv1ce or different serv1ces prov1ded by such serv1ce prov1ders, wh1cb are connected w1th .any Pohce enqu1ry be10g conducted 10 accordance w1th law (2) Such records, descnpt1on and 10format1o~ shall be furn1shed, as expeditiOusly as poss1ble, w1thm the reasonable t1me hm1t f1xed by the requlSltlOnmg Pohce Officer concerned I 53 Venficatwn of antecedents of .serv1ce prov1ders -The Government may, by nollficat10n, direct that serv1ce prov1ders of any type of serv1ce or of any area shall, before they start prov1d10g any serv1ce to the public, obta10 a police venficat10n cert1ficate from the D1stnct .Pollee Ch1ef or such other Pohce authon.ty as may be spec1f1ed m respect of themselves and the1r employees and shall furnish, .m the c1rcumst~n~es of each serv1ce, such reasonable and necessary mformat10n to the Pollee about the1r contemporary and past actJVltJe~ as may be re~sonably necessary and also d1rect that they shall be subjected to such repeated venficat10n after such penods as may be specified Provided that the mformat10n so obtamed from a serv1cc provider, other than the 10format10n wh1ch IS necessary to be used for prevent!ng or mvest1gatmg a cnme or for any pubhc purpose shall be kept confidentJal and shall not be disclosed to any person or to the pubhc 54 Service prov1den to report on stolen or lost or seekmg articles - (I) Any Pollee Officer may dehver to any serv1ce prov1der, a i1st of any articles lost or stolen ur reqUired to be located ,by reason of any cnme, w1th ava1lable detaJ!s of the1r JdenllficatJOn (2) If any such art1cle comes to the not1ce of such serv1ce prov1ders .. thereafter, he shall seek ·and a~certam the name and address of the person m the possessiOn of such art1cle and after detammg the property, unmed1ately report such Situation to the nearest pollee stat1on I •• 26 (3) The service provider under sub-section (!) may also detan~any person m the possession of such articles for a penod not exceedmg one hmlr until the Police arnves tf he has sufficient reason to believe that -;uch person is not gtvmg Ius correct address 55 St01 age and dtsposal of m ttclcs sezzed by Polzce -(I) Every Police StatiOn shall have sufficient space for the storage of articles setzed by the Police and whtch came mto the possessiOn of the Pohce Provided that the Government may nottfy a suttable place other than the pollee statton for keeprng such atttcle~ m ca!.e suffictent space I" not available there (2) The Pollee may destroy after collecting samples for forenstc analysts, dangerous articlei> such as explosives, harmful chemtcals, etc m the pre<>ence of competent experts and after g1vmg pnor intimatiOn to courts ·Provided that such sample collectiOn may be dtspensed wtth 1 f any acctdent due to explosiOn or harm ts tmmment (3) Arttcles that are not hkely to be useful later for any lawful purpose and subJect to speedy decay shall be dtsposed of by auctiOn under the orders of the D1stnct Police Ch1ef and such proceeds thereof shall be depostted m the Cnmmal Justice M1scellaneou~ Expense~ Fund , (4) (a) When any arttcle se1zed by the Police or under the control of the Court 1s ordered by any Court to be kept by the Police. the Police Officer Wtth · whom the custody of the article 1s entrusted may 1f smtable place IS not avatlable under h1s control for the ~afe custody of such article, shall report that matter before the court, . (b) If such a SituatiOn IS noticed, the court may permit such pohce officer to locate a suitable place for the storage of ~uch articles and to keep that article there, (c) The expense!> mcurred m connectiOn w1th the !.afe custody and storage shall completeiy be !llet by the Government directly or from the Crmunal Justice Miscellaneous Expenses Fund (5) Any article se1z~d by the pohce may, with the general or spec1al permiSSIOn of the court, be placed m the safe custody of suth persons or agencies or mst1tut10ns as may be appropnate to each Circumstance 56 Po free actzon zn respect of unclazmed artzcle~ -(1) Every Police Officer shall undertake temporary charge of the followmg movable arttcles,- I . I "' ' I I I I ~ I \ -I ' 27 • ._ (1) all movable art1cles found. by h1m or transferred to h1m or m h1s posse1>s10n wh1ch are not cla1med by any one or refused to take over by anyone, • (u) movable articles found lymg m any pubhc street, wh1ch arc not bemg removed by anyone w1thm a reasonable t1me, desplle the owner or the person m charge thereof have g1ven d1rectJQJ1 to remove the same by a not1ce affixed on 0r near the sa1d art1cles _ (2) The Pohce Officer undertakmg the charge of the art1cles under sub- sechon ( 1) shall fum1sh the deta1ls m respect of the art1cle -and 1ts value to the D1stnct Pollee Ch1ef and to the ExecutiVe Mag1strate havmg junsdJctwn after gettmg 1ts approx1mate market value m wntmg ac;sessed by a respectable merchant of that area who usually deals w1th such art1cles (3) If such art1cle IS '>Ubject to speedy natural decay or IS hve-stock, then the StatiOn House Officer may forthwith sell the same m pubhc auction (4) The D1stnct Pohce Chtef shall 1ssue a proclamatiOn, spec1fymg the detatls of the articles undertaken m charge under sub-sectiOn ( 1 ), requmng any person who may ra1se a cla1m thereon to appear before the officer spec1fied m the proclamatiOn w1thm th1rty days from the date of such proclamatiOn and to establish h1s cla1m (5) The D1stnct Pollee Ch1ef, may on sat1sfymg the nght of any person to the possesswn of the property spec1fied m the proclamatiOn, order the same to be released to h1m, after reahzmg the fees fixed for Its se1zure and custody Prov1ded that such order shall not m any manner affect the legal nght of another person to recover such art:cle part1ally or fully from the person who got pos!>eS<;IOn of,such arttcle by such order t (6) The D1stnct Pollee Ch1ef may obtam such secunty as he thmks proper from the person to whom the ~aid article IS handed over under sub- section (5) Provided that the Dlstnct Pollee Chief may take actiOn under sub-sectiOn (8) for any delay of more than two days m takmg away the art1cle m respect of wh1ch the nght of possessiOn was g1ven Without reasonable grounds (7) If no person establishes h1s cla~m on such art1c!e ..v1thm the penod spectfied m the proclamatton, the art1cle may be used m the Pollee Department m heu of any arttcle whtch was rcqmred to be ordmanly purchased for offic1al purpose or such property may be sold m auction under the orders of the D1stnct Pohce Ch1ef and the sale proceeds thereof shall be credited to the Cnmmal Justice Mtscellaneous Expenses rund c 28 (8) (1) The State Pohce Ch1ef may fix the noons from t1me. to tim~ fur fixmg the rates of fee to be lev1ed for keepmg such art1cles takmg mto ac~ount the s1ze and nature of such art1cle undertaken m the charge of the pohce under sub-section ( l ), (n) The D1stnct Pohce Ch1ef may, on any day, sell the sa1d article m auctiOn after the fee to be lev1ed from the cla1mant for keepmg such nrt1cle becomes half the market value of the att1cle Prov1ded that no such charges shall be collected from the actual owner of the article for the first seven 'days after the article was undertaken by the Police or for any pcnod after the date of such art1cle being taken for Government usc . (9) Where an uncla!ffied art1cle had been sold m auctiOn and later 1t I!> found that the actual owner had been wt;ongfully dispossessed of the art1clc by ' another person and at the appropnate time he had reported that matter legally to the concerned authont1es tn time,. the entire sale proceeds of such art1cle shall be returned to the actual owner w1thoul deductmg any amount a•, fees (I 0) No Pohce Officer shall keep m custody any uncla1med live-stock or art1cle liable to speedy decay for more than one day and such officer •.hall not be held hable for any loss caused to anyone by reason of ~onductmg auctwn of such art1cles forthwith . • (II) No Police Officer shall make good, any loss, real or notwnal, caused to anybody by reason of the conductmg auctwn as ·such of any ~ncla1med article referred to m sub-section (I) after thirty days from the date on whtch the article came IntO the pOSSCSSIOn of the pollee 57 Pollee to attempt to locate m1ssmg persons-~ I) Whenever a Station House Officer rece1ves any mforrnatwn from wh1ch he reasonably suspects that any person IS m1ssmg and there are cm;umstan<..es to belteve that,- (a) such person IS m danger or not under the protection of lawful guard1ansh1p, or (b) such person may be subjected to !>Orne d.angerous offence, or (c) such person IS abscondmg himself to prevent someone .from 1mplementmg a lawful nght declared by any court, such officer shall r~g1ster the mfonnatwn m a manner S1m1lar to the procedure prescnbed for a cogmzable offence and take 1mmed1ate actwn to locate the m1ssmg person • 29 (2),Dunng such enqumes such officer or any officer deputed by h1m may cxamme and record the statement of any w1tness and search any place • • {3) All persons shall answer truthfully to any questiOn. by a Po!tce Off1cer enqumng th1s matter and a copy of such statement recorded by that off1cer shall be g1ven tc1 the w1tness and after gettmg such copy, the Witness <thall s1gn and acknowledge that such copy has been rece1ved • ( 4) All searches under thiS sectiOn shall be done In accordance With the . prov1s1ons of. th~ Code of Cnmmal Procedure, I 973 (Central Act 2 of 1974) (5) The m1ssmg person 1f found on enqu1ry shall forthwith be handed over to the respons1ble guard1an or produced before the Magistrate havmg Junsdlctton " . (6) Where the person so produced IS a woman or a ch1ld the MagiStrate shall take such steps as are needed to safeguard the pnvacy and mterest of that person 58 Pollee to keep registers m respect of rn1ssmg properties -Any Statton House Officer who receives any credtble mfoonat10n that any valuable property or sec\,lnty belongtng to any person IS lost, such officer may on satisfymg that the value and the nature of the mtssmg property JUSttfies such a procedure, record the mformat10n m a reg1ster mamtamed for that purpose and may cause enqUires as may be reasonably necessary to locate the property and g1ve, to those who d~mand so, a certificate recordmg the satd loss 59 Pollee to g1ve certificates of non-mvolvement m offences -The Dtstnct Po!tce Chtef or the Statton House Officer may, on the apphcat10n of any person, gtve a certtficate to the effect that suclt person 1s not mvolved tn any offence after SUitable enqumes and after reahsmg such charges as may be ftxed by the Government m th1s regard • 60 Pollee to g1ve secunty adviCe -Any D1stnct Pohce Chtef on recetvmg any mformatton that at any place w1thm hts JUrtSdlcttOn very valuable movable properttes ar~ kept or that any place of pubhc tmportance ts facmg grave secunty threat, then he may, on hts own motiOn m consultatiOn w1th the person or persons m charge of such place, cause a SUitable secunty mspecttOn and on the basts of such mspect10n, the persons m charge of th~ premtses may be d1rected to take necessary secun~ precautiOns . Provtded that nothmg m th1s sect10n shall be deemed to compel any person to' do or not to do an act wh1ch he was otherwise not compelled 30 ..... 61 Pollee to regulate and wntrol traffic -A Pohce Officer on duty may, for av01dmg d1sorder, obstruction and danger, regulate and control traffic m any pubhc place and for that purpose g1ve reasonable directiOns to all concerned and they 1>hall be bound to obey such directions 62 Secunty be gtven to mJtvtduaf~ and pttvace mslltutwns -(!) The D1stnct Pohce Ch1ef or the State Pohce Cluef or the Stat:on House Officer may, on the bas1s of mformatwn avadable, take a deciSIOn to deploy free of cost, additiOnal pohce force m any publ1c pla"e or pnvatc place for prevcntmg the commisston of any 1mmmcnt offence or for prcventmg any unmment danger agamst the pubhc or any mdiVJdual or the Govenunent or any mst1tut10n (2) No mdJvJdual or mstJtutJOn shall have any nght to be deployed w1th pohce force m an enhanced rate exclusively for them free of co~t or on levymg fees other than the cJrcum~tances under wh1ch 111 addition to the general and normal rates of pohce arrangements available for the pubhc as part of nom1al pollee services, the State Pohce Ch1ef or the D1stnct Pohce Ch1ef or the StatiOn House Off1ccr 1s otherwise ~at1Sf1ed that there IS 1mmment danger for the occurrence of a grave offence. (3) The Government or the State Pohce Ch1ef may fix the norms and procedure for deploymg more pollee force to an mdlvJdual or mst1tut10n or • groups exclusively for the protection of then properties, the rate of fees to be lev1ed and the circumstances under wh1c1l such fees may be lev1ed . , 63 Polu:e actwn tn dtsputes whu:lt may lead to cogmzable offence- If anyone bnngs to not1ce of the Circumstance of a d1spute between any mdJv1duals or groups wh1ch 1f not re~olvcd at the earliest IS_ hkely to culmmate mto a cogmzable oftence, the StatiOn House Officer shall take sieps,- (a) to ascertam the facts and circumstances of the matter by mteractmg With the mdJv1duals concerned or to others acquamted w1th such facts, or · (b).to g1ve warning m wntmg to any mdJvJduals or all groups mvolved m the d1spute agamst the domg of any unlawful act rn contmua!lon of the dispute, or {c) to encourage Individuals or groups mvolvcd m the d~:>pute to redress the d1sputc through mutual d!'>CU~slon or through mediation, or ' (d) to advise md1v1duals or groups to approach the compet1·nt court havmg JUnsdicUon for redressmg the diSpute, or (e) to require the md1vlduab or groups to seek redres~al of the d1spute by appeanng before an Executive Magistrate havmg JUnsdJctJOTI, or I ' I 1 l j • , \ 31 ~- (f) to report facts before the Magtstrate havmg junsdtctlon for takmg swtable actiOn agamst any mdtvtdual or all groups under the provtstons of the Code of Crunmal Procedure, 1973 (Central Act 2 of 1974) 64 Communzty Polzczng -( 1) The Dtstnct Pohce Chtef shall constitute ConmlUmty Contact Commtttees for each police statwn. compnsmg the local restdents of the area as representatives of the communtty, to gtve general asststance to the Poltce in the d1scharge of thetr duty (2) The C<'!Timumty Contact Comlhtttces shall have a farr representation of all categone<; of the soctety mcludmg pt>rsons from servtce and professiOnal sectors, women and persons belongmg to SC/ST communtttes under the Junsdtct'lon of the poltce statton (3) No person who had been sentenced to tmpnsonment by a cnmmal court er who had been dtstmssed, removed, dtscharged or compulsonly retired ~om any employment on 'grounds of corruptiOn, moral turpttude or mtsconduct m the prevwus five years shall be nommated as a member of the Commumty Contact Committee (4) fhe Commumty Contact Commtttee shall tdcnttfy the extstmg and emergtng needs for Police servtces of common nature m the area whtch needs · due constderatiOn by pohce and also to develop actiOn plans for ensunng the • • secunty of the area or any part thereof · • (5) The Commumty Contact Comnuttee shall m_eet d~ may be requtred ( 6) The general public ol- that area may parttctpate m the meetmgs of_the Comnuttee (7) The Commumty Contact Commtttee shall encourage every ctttzen to bnng to the nottce of the poltce mfonnatlon about the offence~ happened and the posstbiltty for the occurrence of offences (8) The Commumty Contact Comm1ttee may form -;uh-commlltees for any spectfic purpose or for part1cular- areas or for the spectfic functiOns (9) TI1e Comm,umty Contact CommlltC'e may formulate programmes for promotmg secunty awareness, safety awareness, preventiOn of cnmes and legal ltteracy, etc ( 1 0) Commumty Contact Commtttee shall not undertake themselves any lawful authonty of Police force such as mvesttgatton of crunes or mamtenance of law and order • 32 I 65 Serv1ce of Beat Pollee -(1) The area of JUnsdJctions of every pollee station shall be diVIded mto vanous beats and sufficient beat patrols shall be provided to each beat area for beat patrols on permanent basis (2) The followmg matters shall be the duties and responsibilities of the beat patrols along w1th other matters,- (a) keep contact w1th the members res1dmg m the Community Contact Committee area and the Citizens who have act1ve partiCipatiOn m commuruty hfe, • (b) review dunng every VISit the ~teps to prevent offences m the beat area, (c) collect mformat10n m respect of cnm1nals, terronst~ and anti- social elements, 1f any, m the area and commumcate the same to tht' officer m charge of the pollee station, (d) observe the cnmmals subjected to special observatiOn, 1f any, In the beat area and those havmg cnmmal background and those w1th !tad character, (e) understand about the ,local d1sputes havmg a chance for v10lence and mform all the available deta1ls to the officer-in-charge of the pohce station; .. (f) carry out any other pohce task m respect of the area entrusted by the superv1smg officers, (g) mform the officer m charge of the pollee statiOn. m wntmg, about the gnevances and complamts from the general public m respect of Pollee serv1ce, and (h) mamtam a record of the works performed dunng the t1me of v1s1t and subm1t the sam!! to the officer-m-charge of the pollee statiOn .. 66 Reward to general pubhc -The D1stnct Pollee Ch1ef m<~y, subject to Government Orders and mstruct10ns, prom1se rewards and award the same to the general public for excellent serv1ce.s rendered or prov1dmg mfort11at10n for the preventiOn of offence or for the mvesugatwn of cnme for the mamt(·nance of law • and' order or secunty or traffic safety