Bare ActsThe Kerala Police Act, 2011

Section 7

Amendment status not verified — confirm the current text below against the official source.

Cit1zens have the nght to efficient pollee serv1ce -All cJtJzens shall have the nght to efficient pohce services from any Pohce StatiOn 8 R1ghts of the public at a pollee :;tatwn -(I) Subject to reasonable practicality, all persons shall have the nght to receive lawful serv1ces from a pollee statiOn and for peaceful entry and receptiOn at any t1me at any Pollee StatiOn (2) Any member of the pubhc shall, subject to reasonable restnctwns, have the nght to meet the officer m charge of any Pollee StatiOn and to gtve mformatwn on matters and th1s nght shall not be demed Without sufficient reasons . (3) Every pollee statiOn shall have the fac1hty for women to subm1t complamts w1th pnvacy m the presence of women pohce (4) Any member of the pubhc shall have the nght to receive a receipt acknowledgmg the complamt gJVen by h1m and to know the stage of the Pohce actiOn or mvest1gat10n m respect of the complamt • • • 7 ,......_ (5) The substance of any complamt made orally or tn wntmg by any member of the pubhc rn a pohce statwn shall be entered m a chronologJcally and contemporaneously mamtamed permanent reg•ster kept at the pohce statiOn (6) Any citizen shall have the nght to know whether any particular person IS m custody at the police statwn 9 Expenses for persons 1n custody -The State Government shall prov1de With each pohce station a sum proportiOnate to the number of persons m custody every month and the penod of the1r custody at the ex1stmg Government rate of half the mmunum da1ly wages for unskilled labour for g1vmg food, water and other pnmary needs of every person m custody 10 Pollee statwns to be always functiOnal-Every pohce statwn shall always be functional for the performance of Pohce duty and alert for those who need pohce serv1ces II Spec1al Polzce Statwn -{I) Government may estabhsh Spec1al Pohce StatiOns m .any area for any part1cular penod or for any particular purpose or for enforcement of any particular law or laws m add1t1on to the police stattons not1fied for any area under sectiOn 5 (2) The bmldmgs m whtch such spectal pohce stattons are located, thetr area, JUnsdtctton, purpose, penod etc shall be notified tn the manner spectfied under sectiOn 5. {3) Nothmg contamed tn sub- secttons (1) and (2) shall be deemed to prevent the Government from estabhshmg a spec1al pohce statiOn m a mobile vehtcle or m any temporary office (4) Any act10n taken by a regular pohce statiOn shall not be mvahdated on the ground that tt was a matter whtch could have been entrusted Wtth a special pohce station " (5) Each spectal pohce statiOn shall be so named as to denote tts special purpose and spectal nature. ( 6) The State Pollee Chief may, by spec1al order, exempt the Station House Officer of a spec1al pohce statiOn from any respons1b1hty assocmted With a regular pollee statwn ~nd may also entrust him wtth add1ttona1 or spec1al respons1btht1es or that are not asstgned to the StatiOn House Officer of a regular pohce stat1on 12 Police Statwn Dwry -Every pohce statton shall keep a General Dtary m such form as may be fixed by the Government from ttme to ttme luld record therem the substance of all complamts made, F1rst InformatiOn Reports, .. 8 charges, the names and details of complamants, opposite parttes a~ .:111 arrested persons, the detatls m re~pect of the offences charged agam-.t them and the propcrttes mcludmg weapons that may have bee"n -;ctzcd from thctr possesston or othcrwtse 13 Persons cqmpetent to verifY the statiOn dtwy and custndta! fau!tty - -(1) All Chatrpersons and members of the State Human F tghts Commt!!Ston or the State Women's Commtsston or the State SC/ST Conum~ston or the State or Dt!:.tnct Poltce Complamt~ Authonttes may enter m a Pohce Statton and dtrectly venfy the entrtes m any General Dtary mamtamcd under section 12 and the condttton of any p~rson kept m custody (2) Any person vtsltmg the po!tce statwn undt>r sub-sectton {I) shall make a contemporaneou!! record of h!s VISit m the dtary and also commumcate as soon as possible to the D1stnct Pol.ce Ch1ef the summary of h1s ob!>ervat1ons and the D1stnct Pol:ce Chtef shall take, as soon as po%tble, further act10ns as mdy be necessary on such observatiOns CIIAI'f[R IV GENERAL STRUCTIJRE OF THE POI ICE FORCE 14 Kerala Po!tce -{I) There ~hall be one umficd Pohce Force for the State of Kerala named the Kerala Pohce and 11 may be Glvtdcd mto a< many Sub-umts, Umts, Branches or Wmgs OIJ the basts of geogtaphtcal conven:encc or functiOnal efftctency or any spectal purpose as may be dec!ded by the Government fiom ttme to ttme (2) In the Kerala Po!tce Force, !!UbJeLt to the ltm•t that there be.ng no rank h1gher than that of the State Pohce Chtef, the officers of vanous ranks a5 may be fixed by the Govemment from ttme to time shall be mcluded and the!!e ranks shall, m ascendmg order, be as follows - (a) Pohce Constable, (b) Pohce Head Constable, (c) A!!ststant Sub-Inspector of Poltce, (d) Sub-Inspector of Pohce , (e) Inspector of Pohce , (f) Deputy Supenr.tendent of Poltce , (g) Supenntendent of Pohce , ' • .. • • 9 (h) Deputy Inspector General of Pohce, (1} Inspector General of Police, (J) Add1t10nal D1rector General of Police, (k) D1rertor General of Police, (!; D1rcctor General of Police and State Police Ch1ef (3) The Govemment may, by general or spec1al order, ~pec1fy that an) other phrast:s used to denote any Poilce Rank e1ther 111 the Kerala Police or any otht>r State or Cr~ntral Govemment shall be aeemed to be eqUivalent to anyone among the above ra;cks ( 4) Nothmg con tamed 111 sub-section (2) shall be deemed to prevent the powe1 of the Government 111 creatmg a new rank or m g1vmg a new de~'ignatlon to a rank spec1fied there111 15 Government to 5pectfy Po !tee Struaw e -(I) Subject to the prOVISions of th1s Act, the Pol.ce Force ~hall cons1~t of such numbers 111 each rank and have such 5tructure, fonn, offices. junsd1ctwnal pattems, cham of command and such admm1strdt1ve powers, duties and functiOns as may be f1xed by the Govemment by general or spec1al order (2) In metropolitan areas havmg more population and complex law and order problems, d Metropoiltan Police system hav111g more expertise, umtary nature, lawf.Jl power and respons1bil1ty should be estabhshed (3) Govemmcnt shdll by notlf.cation constitUte a special police structure for metropolitan areas suffic1ent to deal w1th the probiems m such areas (4) Jn a metropolitan are<' for the admm1strat10n of the police a Pclice Officer not belcw the rank of a Deputy Inspector General of Police shal! be appomted as Comm1ss1oner (5) The Comm1ss1oner and such other cfficers under the Comm1sstoner ~hall have such pow<'tS and responstbllitles as may be fixed by the Government Provtded that the Comm1ss1oner and other officers shall function under the control of the Director Gt>neral of Police (6) In areas havmg Metropohtan Pohce System the Conumss10ner may cxerctst> all or any of the powers vested w1th a D1stnct Magtstrate under thts Act or the." Cod~ of Cnmmal Procedure, 1973 (Central Act 2 of 1974) or any other State Law<> subject to the term<> and cond1t10ns as may be fixed by the Government 10 16 Polzee Dzstrzet -The State Government may, by nottficat10n, d~are from such date as may be spec1fied m the nottficat10n, any area m the State as a Pohce D1stnct for the purposes of th1s Act Prov1ded that m one Pohce D1stnct areaS of more than one revenue D1stnct shall not be mc1uded 17 Dzstnet Pollee Chzef---{ I) The pohce and the pohce stations of a Pohce D1stnct shall, subject to such orders as may be 1ssued by the Government and subject to the supems10n and lawful command of the State Pohce Ch1ef, functiOn ~ under the superv1s1on and control of a D1stnct Pohce Ch1ef of such rank as may be fixed by the Government and such Pohce Officers of such rank as may be fixed by the Government shall asstst htm m the matter (2) The Dtstnct Poltce Chtef shall not be an officer lower m rank than a Supenntendent of Pohce • 18 State Pollee Chzef-( I) The admmtstratJOn, superv1s1on, d1rectton and control of the Pohce throughout the State shall, subject to the control of the Government, be vested m an officer destgnated as the State Poltce Chtef (2) The State Pohce Chtef shall be appotnted by the Government from among those officers of the State Cadre of the lndtan Pohce Servtce who have already been promoted to the rank of Dtrector General of Pohce, takmg mto account the ab1hty to lead the Pohce Force of the State, the overall htstory of servtce, professional knowledge and expenence Provtded that where m a case or d1sctphnary proceedmgs, for and on behalf of the State a change has been gtven or 1s pendmg agamst an officer before any Court or Tnbunal or departmental agency, that officer shall not be appomted as the State Pohce Chtef (3) Any person who performs any functtons of the pohce m the State of Kerala m exerctse of the powers Wlder thts Act shall be officers subordmate to the State Pohce Ch1ef (4) Such number of officers of dtfferent ranks as may be dectded by the Government from time to ttme shall asstst the State Poltce Chtef , (5) No officer semor to the State Pohce Chtef shall be appomted m the Kerala Poltce 19 Co-ordznatzon by Dzstnet Magzstrate -( 1) In order to ensure the effictent general admtrustratJOn of the Dtstnct, the Dtstnct Magtstrate shall have the authonty to co-ordmate the functtOllfng of the Pohce m the followmg matters With other agenc1es connected wtth the admmtstratJOn of the Dtstnct - • • 11 ......_ (a) matters relatmg to the promotiOn of land reforms and the settlement of land d1sputes, (b)"matters relatmg to extens1ve disturbance of the pubhc peace and restoratiOn of tranqu1hty, (c) matters relatmg to the conduct of electiOns to any public body, (d) matters relatmg to handling of natural calam1t1es and the rehabll1tali.on of the persons affected by natural calamity, (e) matters relatmg to s1tuat1ons ansmg out of any external aggressiOn, and (f) any other s1m1lar matters that does not come w1thm the purv1ew of any one department and affectmg the general welfare of the people of a D1stnct (2) For the purpose of such co-ordmat10n the D1stnct Mag1strate may,- ( a) call for mformat10n of a general or spec1al nature, as may be necessary, from the Police and other agenc1es connected With the general adrmmstrattOn of the D1stnct, (b) call for a report regardmg the steps taken by the Pollee or other agenc1es m handlmg the SituatiOn, (c) g1ve such d1rect10ns to the Police and the connected agencies m respect of matters as the D1stnct Magistrate deems necessary, (d) for the purpose of co-ordmat10n, the D1stnct Magistrate may ensure that all departments of the D1stnct whose assistance 1s requ1red for the effic1ent funct10mng of the Police 1s rendenng all necessary assistance to the D1stnct Pohce Ch1ef 20 Pollee Manual--{1) The State Pohce Ch1ef may, from trrne to trrne, 1ssue and comp1le, subject to the power of the Government to mod1fy or annul, standmg orders and gu1delines, not mcons1stent w1th th1s Act and the rules made there under, generally for the effic1ent d1scharge "of all Police dulles and functiOns and spcc1aily for the ~perv1s1on of the Police, admm1strat1on of the pollee force, the spec1al dut1es of the members or of each rank or of ,each category of the police force, mternal system of mspect10n, records to be mamtamed, arms, equ1pments, objects necessary for the executiOn of dut1es, collectiOn and commumcat10n of mtelhgence and mformat10n, the manner of performance of dut1es and the manner of preventiOn of abuse of power and the fa1lure m the performance of dut1es 12 (2) The compilatiOn of such orders and gmdehnes Issued by the ~ate Police Chief, and of i'ny orders and directiOIIS Is::,ued by the Government m respect of the same shall be known as the Poiicc Manual (3) lhe State Police Chief may, subject to the approval of the Government, amend any provision m the Manual, If c1rcumstances so warrant 21 Specwi Wmgs, Umt~. Branches, Squads--(1) Government may, m order to ass.st the State Po!Ice Chief or other Police functwnancs or Distnct Police Chiefs or to as<;I<;t the police m general m their duties and functions, by general ' or special order, create dnd mamtam any Wmg or Special l.Jmt, Specialized Branch or Special Squad, etc of such strength, mtcrnal umt<;, powers, dutlc5, JUn:.dlctiOn and mternal or external supcrvi<;ory structure a:, may be fixed by the Government by order {2) The Government may create umts or make special arrangements mter aha. for the followmg matters, r.amcly - (a) collec,tJon of mtelhgence directly or mdirectly affectmg NatiOnal Secunty, secunty of the State, mamtenance of law and order, ma:ntenance of public safety, prevention of cnme, ~ecunty of vital mstallations dnd mdivlduals facmg grave threats. from terronsts or extremists, (b) mvestigation of complicated, hemous, s:::nsationai or spe:.:Ially m1portant cnmes, (c) traffic control, (d) police service related to coastal. nver and backwater area'> and police servic.e for the protection of tounsts aPd pil~nms, (e) pollee service on the Railways, (f) collectiOn, collatiOn, mdexmg and analysis of data and mtelhgence relatmg to cnme and cnmmals and the functiOning of a Bureau of M1s:,mg .. Persons, (g) Juvemle Police Umts for the special protectiOn of children who reach the Police StatiOn either as accused or as v1ct.ms of cnme (h) helpmg Pohce offices dnd officers m :,e!rctmg, usmg and uhhzmg computers and other digital services and developmg software nec-.:ssary for the purpose, (I) mamtenance of the tclecommumcatwn and digital communication networks for Pollee purposes, • • 13 .....__ (J) identificatiOn of md1vtduals and obJects oy means of fingerpnnts, photography or any d1g1tal or b10metnc techmque; (k) ma1ntamwg a wel!-tramed reserve force w1th proper cham of command to be deployed whenever and wherever the d1stnct police or the local pohce statiOns fall <>hart of manpower for the proper dt-;charge of any police functiOn, (I) trammg of recruits and of those m serv1ce, m respect of general matters related to poh"e servtces and for any other md!Vldual or group as may be fixed. by the Govcrninent, (m) spec1ahsed response umts like cor.trol ro..>ms eqUJpped to respond to cnme, calamity or ac::1dcnt etc, (n) enforcement of any local or spec1al law or spec1al enforcement of Jaw m·any ared, (o) digital and cyber pohcmg, (p) forens1c <>upport serv1ces for effectively ass1stmg m the dut1es and functiOns of the police, (q) admmtstrat1ve support serv1ces for Pohce funcuonmg m term~ of processmg of matters of admm1strauon, finance and documentatiOn, (r) general support serv1ces nece<;sary to help m the funct10nmg of • Pollee mst1tUt10ns and off1ces of vanous types and to d1scharge essent1al functiOns hke cleamng, groommg, cookmg, mamtenance of equ1pments and areas etc, (s) <>tud1es. research and development support for vanous pohcmg related ~oc1al and professiOnal matters and for the development of modem Pohce ~erv1ce~ and preventlve-mvestlgatlve techmques (3) The Government shall eqUip these umts and arrange necessary trammg to.. officers to enable such umts to functlCn at a h1gh level of tecluHcal and professional competence ( 4) The Umts constituted under sub-sect1on (I) may cons 1st of Pollee Officer<; of de<;1gnated ranks or non-pohce personnel or both as may be spec1fied by the Government and the Government may prescnbe the1r conditions of serv1ce, spec1al allowances payable to them, spec1al quahficat1ons and sk11ls necessary and spec1al fac1ht1es to be made ava1lable to them mdtvldually or collectively 14 22 A Pollee Officer may hzmself perform the dutze!> of hzs subordmrfl'e- A Pohce Officer may perform any duty assigned by law or by a lawful order to any officer subordmate to h1m and m case of any duty Imposed on such subordmate a supenor Police Officer may a1d, supplement, supersede or prevent any actiOn of such subordmate by h1s own action or that of any person lawfully actmg under h1s command or authonty, whenever the same shall appear to him m good fa1th to be necessary or expedient for g1vmg more complete or convemcnf effect to the law or for avmdmg an mfnngement thereof 23 Separatwn of mvestzgatwn from law and order-( I) The Government may, havmg regard to the populatiOn of an area or the circumstances prevallmg m an area, by order, separate the mvest1gatmg Pohce from the law and order Pohce m such area as may be spec1fied m the order to ensure speedy, effective and professional mvestigatwn (2) The District Pohce Chief shall ensure the full co-ordmatlon between the two wmgs of the Pohce separated under sub-sectton ( l) •

Section 7 – The Kerala Police Act, 2011 | DailyLaw.ai