Amendment status not verified — confirm the current text below against the official source.
Polzce officers be ~ubject to dzsczplzne-The police officers and persons undergomg trammg after selectwn for appomtment as a pollee offic1·r, shall be subject to the provisions of diSCipline and are hable to,- ( a) accept reasonable restnctwns, as may be fixed by the Government or the State Pollee Ch1ef, on pubhc expresswn of opmwn, formatiOn of assoc1atwns, political activity, withdrawal from duty and on the standards of public and pnvate conduct expected from them, (b) discharge to the best of therr abilities therr lawful duties m a lawful marmer with due courage, detenmnatwn and Impartiality, • (c) utJhze !herr capab1httes lawfully to the maxunum for preventmg the commission of cogn1zable offences and for enforcmg the law always, (d) carry out lawfully the orders of the authonzed supenor officers, magistrates and JUdicial officers and not to withdraw themselves from the1r duties Without the specific perrmsswn of their supenor officers, (e) wear the umforms m the manner fixed by the competent authonty on specific occaswns and for the J9erformance of specific duties, (f) conduct themselves m accordance w1th the general or special order 1ssued by the State Pollee Ch1ef, while engagmg m each duty and on other occaswns 86 Dzsqualzficatzons for appozntment as a polzce officer-(1) No person • shall be ellg1ble for appomtment as a pollee officer or shall have the 11ght to • contmue m employment as a pohce officer 1f that person,- ( a) IS not a citizen of Ind1a, or (b) has been convicted by a court of law for an offence mvolvmg prochv1ty for vwlence or moral turpitude, . 1 (c) IS found mentally, physically or behavwurally unfit for carrymg out the duties of pohce, or (d) IS a member of a poht1cal party and IS not prepared to termmate h1s membership even after recrUitment, or • • 43 (e) • 1s an office bearer of any soc1al, rehg10us, cultural or sc1entlfic orgamzat10n and IS not prepared to g1ve up or termmate such pos1t10n even after mstructJ.ons from Govenunent, State Pohce Cluef or the D1stnct Pohce Cluef, or (f) IS or has been, a member of any banned orgamzat10n (2) A person agamst whom a cnmmal case for an offence mvolvmg prochvtty of vtolence or moral turpttude ts pendmg before a court of law shall be entttled to appear for recrmtment, to get selected and to undergo trammg, but shall be entitled for permanent appomtment only after bemg acquttted (3) A poltce officer, at any ttme after appomtment IS found belongmg to any of the categones under (a) to (f) of sub-sectiOn (l), the appomtmg authonty may tmmedtately place the satd offtcer under suspensiOn and after gtvmg reasonable opportumty to prove otherwtse, d1smtss, remove or compulsonly rettre the officer as the case may be 87 Oath to be taken by pollee officer-(!) Every member who JOtns the Po!tce Force under th1s Act shall on satisfactory completiOn of trammg take an oath m the ftxed format before the appomtmg authonty or an officer nommated by htm (2) The appomtment of an officer shall become null and votd tf the officer refuses to take such an oath 88 Pollee Officers be gzven certificate of authorzty -( l) A person, on appomtment as a pohce officer, shall be g1ven a Certtficate of Authonty so as to enable htm to dtscharge the functiOns of a poltce officer under the Act Provtded that no person shall be appomted as a poltce officer unless he has successfully completed the course of trammg as may be fixed by the Govenunent (2) The trammg penod of a person who successfully completes the trammg shall be treated as duty m the manner as may be prescnbed 89 Polzce officers be always on duty -Every pohce officer, except on leave or specifically exempted or under suspension, shall for all purposes of thts Act, be hable at all times to d1scharge duties and be deployed as a poltce officer m any part of Indta as may be dectded by the State Poltce Chtef 90 Polzce Officers to serve zn any Branch -All pohce officers of the State Pohce shall be appomted temporarily m any wmg for the performance of any duty 1f so ordered by the State Pohce Cluef, 1rrespecttve of the fact that they are selected and posted to any part1cular Branch I 44 91 Polzce Officers not to Withdraw from duty-( I) No pohce officer shall res1gn from h1s office or wtthdraw htmself from the dut1es of hts post unless expressly allowed to do so by the State Poltce Chtef or by any other officer authonzed by htm (2) A pohce officer who ts absent from duty after lawfully entenng on leave and fa1ls Without reasonable cause to report back for duty on the exptry of such leave, shall be deemed, w1thm the meanmg of th1s sect1on, to have Withdrawn lumself from the dulles of h1s office 92 Polzce officers not to engage m other employment -No Poltce Officer, other than a Spec1al Poltce Off1cer, shall engage m any other trade or employment other than h1s dut1es under th1s Act 93 Pollee Officers under suspenswn not to exerc1se power -(1) The powers and spec1al pnv1leges vested m a pohce officer shall cease when he 1s placed under suspenston from the post he holds (2) Such pohce officer placed under suspensiOn shall contmue to be subJect to the same d1sc1plmary rules and control of the supenor authont1es as was appltcable before hts suspenswn (3) Any officer may, at any ttme, restram any officer lower m rank actmg under hts dtrect superv1s1on from dtschargmg all or any part of hts duttes fixed even tf he 1s not placed under suspensiOn .(4) Any officer actmg under sub-section (3) shall commumcate the facts and the reasons for the actiOn to the appotntmg authonty wtthm twenty-four hours of such restramt bemg tmposed and 1f the appomtmg authonty does not confirm or modtfy such actton wtthm seven days, the restramts tmposed shall cease to have any effect• 94 Duty t1me of pollee officers-( I) Pohce officers, though !table to perfonn duttes for any length of ttme as may be requrred, shall not normally be expected to work for more than etght hours a day (2) The duty hours of poltce officers may exceed beyond etght hours m a day m case of any unavmdable or emergent duty Prov1ded that no poltce officer shaU refram from dtschargmg any duty asstgned to htm or wtthdraw h1mself from any urgent or essenttal duty wtthout the perrntsswn of supenor officers on the ground that he has worked for more than etght hours m any twenty-four hour penod 95 Pollee Officers not to show coward1ce -(I) All pohce officers, shall be prepared to face posstble phystcal danger warranted by the crrcumstances dunng the course of dtscharge of thetr lawful duttes • ' • • 45 ). (2) No pohce officer, durmg the d1scharge of h1s dut1es shall Withdraw from h1s lawful acts or engage m any unlawful acts on account of coward1ce. (3) If a pohce officer w1thdraws from the lawful d1scharge of hts dut1es on account of fear of any person or object, that officer shall be deemed to be gu1lty of coward1ce (4) Nothmg m th1s section shall compel a pohce officer to do any act by h1mself under the circumstances that there 1s reasonable apprehensiOn of 1mmment death or gnevous mJury 96 Polzce officers to report corruptzon and tortwe -(I) Every pohce officer shall be hable to mform dtrectly to the Deputy Supenntendent of Pohce or the D1stnct Pohce Ch1ef m respect of any act of corruptiOn or of phys1cal torture agamst any person tv1th the mtenuon of adm1ttmg the comm1ss1on of an offence or creatmg ev1dence wh1ch such officer beheves m good fa1th IS gomg on m h1s presence under the Circumstances he knows very well (2) No such report, made m good fa1th, shall be deemed to be a VIOlatiOn of d1sc1plme on the reason that the officer reported on was an officer lower m rank than the officer agamst whom the report was gtven (3) No pohce officer shall be deemed to have acted as a partner, protector or an accomphce m the sa1d corruption or torture solely due to the reason that the officer has not mformed as such. Prov1ded that the pohce officer not mformed as such shall be subjected to departmental d1sc1phnary proceedmgs 97 Mmzmum tenure of pollee officers --{I) The Government shall ensure a mm1mum tenure of two years for pohce officers posted as State Pohce Ch1ef, Inspectors General m charge of Ranges, Supenntendents of Pohce or CommiSSIOners m charge of Pohce D1stncts and Statton House Officers Provtded that th1s tenure shall not be apphcable m cases of superannuation, promotion, revers1on, suspensiOn, leave, etc. (2) The Government or the appomtmg authonty may, w1thout prejUdice to the nght to m1uate any legal or departmental act1on, transfer any pohce officer before completmg the normal tenure of two years, on bemg satisfied pnma fac1e that 1t 1s necessary to do so on any of the followmg grounds stated m (a) to {f), namely- (a) the officer IS subjected to d1sc1phnary act10n, (b) 1t 1s found pnma fac1e on mvest1gat10n that the officer 1s mvolved m a corrupt practice or m a cnmmal offence mvolvmg prochv1ty for v1olence or moral turp1tude, · 46 (c) the officer 1s physically or mentally mcapable of d1schargiiJi h1s dut1es, (d) a supenor officer evaluatmg the work of an officer, reports, m wntmg, that the officer IS not carrying out h1s duties efficiently, (e) cause senous dissatisfaction m the general pubhc abcut efficiency of pohce m h1s jUnsd1ctton, (f) the officer requests, m wntmg, for a transfer from the place where he IS worlang 98 Specwl Polzce Officers -{I) The District Pohce Chief may, subject to Government Orders, by order m wntmg, appomt temporanly any able-bod1ed and wiihng person of good character between the age of 18 and 60 years as a Spec1al Police Officer for the purpose of assistmg the police m the mamtenance of law and order (2) Every such special pohce officer so appomted shall,- (a) receive a certificate approved by the Government, (b) have the same powers and protection and shall be subject to the same admlillstrative and disc1phnary controls like an ordmary pohce officer, (c) receive such remuneration as may be ordered by the Government (3) Appomtment of a person as special pohce officer shall not be deemed to be an employment e1ther temporary or permanent, m Government and he shall have no preferential claim m future for bemg selected m the Pohce Force on th1s ground ( 4) Spec1al pohce officers may be appomted only under such special circumstances where a large number of people are urgently requued f01 the mamtenance of law and order (5) Special police officers so appomted ~hall be from ex-servicemen, retired police officers or persons havmg expenence m the NatiOnal Se1 vice Scheme, Nat1onal Cadet Corps, Student Pohce Cadet or any surular group as may be fixed by Government from tune to tune (6) The service of special pohce officers may be termmated at any time Without any pnor notice and without showmg any reason or offenng any compensatiOn by the Distnct Pohce Ch1ef • • • . - 47 ~ (7) No spectal pohce offtcyr shall be tssued wtth any weapon or entrusted wtth the mvesttgattOn of cases and complamts. 99 Prohtbllwn on acts of personal servllude -(1) No pohce officer shall be asked or compelled to do any act of personal servttude m a manner demeanmg and lowenng the dtgmty of the pollee force on the personal demand of another person Provtded that nothmg contamed m thts sect1on shall gtve a nght to a poltce officer to abstam from domg any act wh1ch IS needed for the lawful performance of any duty 100 An act to be performance of duty or not -On the occasiOn of cons1denng whether any financtal asststance, legal asststance or other facthttes shall be gtven to a pohce officer m respect of any legal proceedmgs or treatment or compensatiOn or tn respect of welfare matters connected wtth the performance of dulles and tt ts to dectde whether,- ( a) the act10n of a pohce officer was as part of performance of hts offictal duty, (b) the act happened due to ctrcumstances connected wtth the lawful performance of offic1al duttes by a police officer or as a result of ammos1ty arose from pohce act10ns done by that officer or other police officers (c) the tnJury sustamed by a po!tce offtcer happened dunng the performance of offictal duttes (d) the tnJury or loss sustamed to a poltce offtcer was as a consequence of the ammostty arose by the lawful performance of offictal duttcs by that pohce officer or other pohce officers The State Pohce Chtef or Dtstrtct Pohce Chief may on an apphcat10n by the concerned pohce officer, after conductmg a suttable enqutry amve at a dectston m respect of grantmg financ1al ass1stance or legal asststance or other facthttes to that pohce officer • Prov1ded that the Government may re-examme such dectston, tf there ts suffictent reason to do so, and ta~e an appropnate dects10n finally I 0 I Departmental Enqwry Proceedmgs -( 1) Any pohce officer, who commtts any mtsconduct or offence under thts Act or any other Act for the ttme bemg m force or rule or order made thereunder may be subjected to departmental enqutry proceedmgs under the Kerala Pohce Departmental Enqumes, (Pumshment and Appeal) Rule~, 1958 nottfied by the Govenunent ,. 48 (2) The State Pohce Ch1ef may order 1mt1at1on of act1on agam~any pohce officer, before the Court m accordance w1th the provisiOns of the Code of Cnmmal Procedure, 1973 (Central Act 2 of 1974) m add1tton to the Deparlmental Inqurry Proceedmgs under the sa1d Rules (3) A pohce officer on bemg found gu1lty on enqu1ry under th1s section and subjected to any penalties shall not be construed as a cnmmal under any other Act mcludmg thts Act or senteneed to any purushment under the Cnmmal Jaw (4) The competent officer or the Government may 1mpose any of the • followmg penalties mentiOned m 1tems (a) to (q) below agamst any pohce officer found gu1lty on completion of the department level mqmry,- (a) fine, (b) extra duty mcludmg dnll and phys1cal trammg, (c) recovery of loss caused to Government from salary, (d) recovery of loss sustamed to the concerned party from salary; (e) g1vmg traimng to Improve work and conduct, (f) prolub1t from perfonrung fixed particular duties 01 ass1grung ftxed partlcular rank, (g) wammg; (h) censure, (1) barnng mcrement w1thout cumulative effect, (J) barnng mcrement w1th cumulative effect, (k) w1thholdmg of promotiOn, (I) reducmg pay w1thout cumulat1ve effect, (m) reducmg pay With cumulative effect, (n) reduction m semonty or rank, (o) compulsory retirement, (p) removal, (q) d1sm1ssal • • • 49 ) ~ (5) The penalties stated m ttem (g) to (q) above may be gtven sep&rately or tn add1t1on to any pun.slunen: stated m 1tems (a)·to (t) menttoned above • {6) -1 he penabes stated m ttems (a) to (!) above shall not be treated as a bar for the promotton of d pohce officer · (7) Notnmg contamed m thts sectiOn prevents any pohce officer from bnngmg matters m re<>pect of dtsctplmary actton before :he concerned authonty or any Court • (8) ( 1) Department !eve! enquuy proceedrng~ may be mtttated .1gamst any police officer for the same matter even though he was exonerated by a cnmmal court after tnal he shall not be subjected to penalttes or. the basts of the same facts m department level enqUiry (2) A pollee offtcer tf convtcted for an offt>nce mvolvmg moral turpttude or senous misconduct the d;sctphnary authonty concerned or the State Pol:c:e Chtef or the Government may, after constdenng the nature of. the offence, make hun compulsor:ly retrre or remove or dtsmtss that officer from servtce (9) The pcnalt1es stated m ltemc; (a) to (h) may be dec;ded by tht: :lllthonsed off1cer after g1vmg reasonable opportuntty to the poltce bfftcer concerned to prove his mnocence and wtthout followmg the deta1led procedures spcetfied m the Kerala Poitce Departmental Enqumes (Punt~hment and Appeal) Rules, 1958 (10) The autho~~tent to Impose different penalttes on poltce officers be!ongmg to each rank shall be such as may be specified m the Kerala Pohce Departmental Fnqume'> (Puntsh.-nent and Appeal) Rules, 1958 I 02 State Polu.e Chzef to codify the penaltzes -The State Poltce Ch1ef shall subject to the dtrecttons of the Government, fix and cod1fy the maxtmum and mm1mum diSCJplmary penalttes for n11sconduct of a s1m1lar nature • Provided that under any Circumstances tf a penalty dtfferent from the one as codtfied :~ to be tmroscd 1t shall be done wtth the approval of the State Pollee Cluef I 03 Appeal and Revzszon -The department leveJ mqutry procecdmgs Initialed agatnst poltce officer shall be as per the prOVISIOnS COntatned tn the Appeal and ReviSIOn Rules .,. 104 Polzce Welfare Bureau -{I) lbere shall be a Pohce Welfare Bureau m the S:ate Police under the leadership of an officer not below the rank of an Addtltonal Director General of Police to advise and asstst the State Poltce Cluef on mdtters ·tn respect of the welfare of poltce personnel and to Implement the same ~1!:>29/11 50 (2) The functions and dut1e~ of the Bureau, tntcr alta, w1th otl->::r matters mcludmg the admmistratiOn and momtonng. of welfare matters of police officers ~hall be the followmg, namely - (a) health care scheme~ for health care, particularly to thoc;e at fcc ted w1th chrome and senous ailment~ and retu ed pohce officers and tlie1r dependents, (b) qu1ck and liberal med1cal a<>sistance to pollee officers II1JUred while on duty, duty, officers, (c) financial secunty of the legal hens of those dymg w htle on (d) fjnanctal <>ccunty of pollee officers after their· retirement, (e) group house construction~ and group credit facthlles, (i) schemes useful for rl)ltigatmg the mental -.tress of poltcc (g) educatiOnal facilities for the dependents of pohce officGrs, (h) engagmg legal factllt1es for effectively dcferdmg the pohcc officers who are facmg legal proceed1ngc; d1rectl) relatmg to the lawful perfomtance of duties or due to ammos1ty whtch arose from the performdnce of such duty .. (3) The Bureau shall constst ~uch number of advisory merpber~ not exceedmg ten as may be fixed by the State Pollee Chtef and the)' shall be nommated hy the Slate Pohce Chtef from d;fferent ranks m the Pollee fore{. for a penod of two years (4) The Bureau shall fix the pohctec; and nom1~ m 1espect of the welf.m· of the pohce and superv1<..e the welfdre actiVIties of the vanou~ pohce umb (5) A Pohce Welfate fund '\hdll be conc;tttuted under the rontrol and adn11mstrat10n of the Bureau for the welfare acttvwes and ~rhem('s for pohce officer~ and the followmg amount shall be crcdtted to the l"und, namely -- (a) fin:lnCJal aS<;Jstance from Govenunent and other typ¢c; of dcpoc;lls and loanc; granted by Government, (b) contnbutlon from poltce officer~. (c) fme realtzed from police officer~ as· penalttc~ 111 llHjtury proceedmgs, I j ! . • • • ).._ 51 . (d) contnbut10n from tndtvtduals or tnstttuttons as may be pcnmtted by Government from lime -to ttmc, (e) operatiOnal profit from mst'ltut10ns or programmes conducted as part of welfare acllvtttes, , (f) a ftxed percentage of amount as may be permttted by Govenunent, collected for poltce servtce from mdtvtduals or mstttutJOns I 05 Pollee Estabh~hment Board-( I) The Government may constitute a department level Poltce Estabhshment Boaid wtth the Dtrector General of Pohce as Chatrmar: and other fo)Jr semor poltce offtcers, not below the rank of AddttJOnal Dtrcctor General ,of Pohce of the Department, a~ members (2) I'he Government may, by order, dtrect the term of office of the members of the Board, p10cedure for the workmg of the Board and nonns to be followed by the Board m the dtscharge of tts responstbthttes I 06 Functwns of tlze Board--( 1) The Board shall dtscharge the followmg tuncttoas, namely -- "' (a) to dectde on complamts and appeals m respect of servtce matters 'ltkc tran~fer, promotion, etc yf pohce officers of and below the rank of Inspector after detatled e"ammatton of related Acts and Rule<; or subtntt suttable recommendatiOn~ . m thts regard, (b) to <;tudy the parttcular problems m respect of women poltce offtcers, deC!dc on gttcvances Ill re~pect of the same and submtt recommendations m ncce~sary matters (c) to revtew the actiVJt!eS of State Poltcc Ill general 01 Ill respect of spectal '>UbJects, and (d) such other funcuon<; as may be entru!-.ted to the Board by Govenunent from ttme to tune (2) rhe Government shall gtve due com.tderat10n to the recommendatiOns of the Board (3) The Govemment may, etther vuo-motu 01 on a complamt by the per-.on concerned, for teasons to be recorded 111 wntmg, modtfy or cancel any dcctston or order of the Board I 07 Redt eswl on complatnt\ "of wbordtnate~ -(I) The State Po !tee [<.tabltshmcnt Board shall non11nate an offtcer of the rank 'of Deputy Supct mtend('nt of Pohce m each dtstnct and such nommated officct shall set apart ' one day m a week to heat or recetve complamts from po!tce officers of and below the rank of Sub Inspector • 52 i (2) Such offtcer shall exa:mnc and study the compllimtc; and g1ve • recommendatiOns m respect of appropnate r('dressal meao;ures to the Dtstnct Pollee Ch1ef and 1f the matter ts beyond the JlLnsdictlon of the Utstnct Police Ch1et then to the State Pol:ce Estabh'>hmcnt Board through the D1stnct Pollee Cn1cf I 08 Insurance co1·erage, allov.a>rce~ and medrcal (aclltrc;, -( \) The Government shall prov1de adequate msurance coverage for all police officers agamst any InJUry, d1sab1hty, death etc occurred m the cours~ of the1r duties or attacks due to an•mostty arose from the pc-rformance of thc1r official duty (2) The police offtcers posted m spec1al w1ngs Sl'ch as Counter- Terronsm Umt~, Bomb Dtsposal Squads, Commando Groups and other hke :Jmts as may be fixed by the State Pohce Cluef havmg h1gh pos~1b:llty of nsk shal! be pa1d spec1al nsk allowance m proportiOn to the nsks mvolved m those dut1es . (3 )~ fhe p.ohce officers shall be prov1ded w1th med1cal Insurance coverage for enabling them to mamtam good health and phys1cal fitness (4) The Government shall SUJtably and adequately compensate a police officer suffenng from InJUry or disability as -a result of v;olence m the cou1sc of performance of h1s offic1al duties or attack due to ammos1ty arose from the due performance of h1s duty Prov1ded that such compensatiOn shall be m ddd1t1on to the medical expenses for wh1ch he !S entitled under the rules (5) A police off1cer d1es m tne course of h1s duty as '>tated .ur.der sub-sectiOn (4), h:s legal he1rs shall c;u1tably and adequately be compenc;ated by the Government ' Prov1ded that such compensatiOn shall be m addn.or: to the benefits to wh1ch hts family IS ordmanly enutled under' the rules (6) A pollee officer sustammg any InJury m the course of d1sc.harge of h1s dut1es, shall be entitled to adequate and rrnproved treatment at the expen!;e of the Government and he may be treated m any m~tttut1011 as recommended by the doctor who exammes h1m 1mmed1ately after c;ustammg such InJUry 109 Polrce Assocrauons -The Government may, subJect to ~uc.h restnct10ns as may be prescnbed, grant permiSSion for the formation of .Associations for different ranks and categoncs of pollee officers 110 Po free Complarnts Authonty ~( 1) The Government shall con<;lltutc a State Pohce Complamts Authonty for exdm:nmg and mqumng the,--- • • • • 53 ), (I) c.omplamts on ali types of m1sconduct agamst police officers of and ab"ove the rank of Supenntendent "'bf Police, {u) grave comp!amts against officers of other 1anks m respect of sexual harassmer:t of women m custody 01 causmg death of any person or .nf11ctmg gcev10us hurt on any pcrscn or rape, etc (2) Th':! State J\uthonty shall con.'>ISt of the fol!owmg members, namely- (1) a ret1red Judge of a H.gh Court who shall be the Cha1rperson of the A,lthonty, (11) an offlc~r not below the rank of Pnnc1pal Secretary to Government , (!11) an officer not below the 1llnk of Additional DJJector General of Pollee, (;v) a persou as may be fixed by the Government, In consultation w1th the Leader of Oppos!twn, from a three member pan~! of retned suitable officers not below ·the rank of Inspector General of Poilce furmshed hy the Chamnan of the State Human R:ghts Comm1sswn, and (v) .1 per~on as may be f1xerl by the Government, 111 consuitatwn w1th the Lcad~r of OpposJtwn, from a three member panel of rct1red su:tahle D1stnct Jt.dges funushed by the State Lok Ayuktha (3) The Uov~rnment shall const1tut~ the Pollee Complamts Authonty at dJstr!ct level for exammmg and mqumng the c9mplamts agamst p9hc-e officers of and up to the sa:d r<>nk of Deputy Supenntcndent of Pollee. (4) Th<O D1stnct Authonty shail cons1st of the foliowmg members, namely-- (1) a retlrt>d D1stnct Judge, who shall be the Cha1rperson, (u) the D1stnrt Coliector, and (111) the D1stnct Supermtendent of Pollee ·, Provided that the Chairperson of one D1stnct Authonty may be appomted a<> the: Chauper::.on of more than one D1stnct Authont!es (5) The terms and cond1t.Jons of servtce salary of the members of the State Authonty and Dtstncl Authonhes and the ptocedure of the authonlles shall be such as ma; be prescnbed 54 (6) Government shall, m consultation with the authonty or authonlles, ~ establish and give all necessary facilities. for therr proper fu,nct10mng ).. (7) The State Authonty and the D1stnct Level Authont1es ~hall, on conductmg mquuies, have all the powt:rs of a Civil Court while trymg a ~u1t under the Code of Civil Procedure, 1908 (Central Act. 5 of 1908) m respt::ct of the • followmg matters, namely - (a) summonmg and enforcmg the attendance of any person and exammmg 'him on oath, (b) requmng the discovel) and productiOn of any document, (c) recelVlng evidence on affidavit, and (d) any other matter as may be prescnbed. (8) All officers of the Government shall render all pCJssible assistance to the authonty for ensurmg the production of records necessary for the funrt10nmg of the Cop1plamts Authonties, exammatwn of the records and pro\ISion of expert assistance m needed matters, etc . ' (9) All concerned officer~ shall be bound to carry out the recommendations given by the authonty m respect of matters of InitiatiOn of department level mqmry, reg1stratmn of cnmmal case etc agamst a pohce office! 111 Complatnt!J be gzven by elected repre~entalives - The President<; of Thre.e-tier-Panchayats, Chalfpersons of Mumc1pal Councils, Members of Legislal!ve Assembhes, Members of Pdrhament, Mayors of the CorporatiOns, etc may give all types of complaints agamst the pollee officers that have come to their notice or have been brought to their notice, to the Pollee Complaint<; Authonty and the Authonty shall, after conductmg nece~sary mqu1ry, 111form the result of such mqUiry to the representative concerned . 112 Prpcedure of the Complamts Authontzes be exp!!dzted -(I) The Pollee Complamts Authont1es shall t(!ke 1mmed1ate ~teps on the complaints , commg before It for their consideratiOn • (2) The Authonty may require any off1cer to do any of the followmg matters where 1t IS convmced that there IS ment m a eomplamt wh1ch came · before It for cons1derat10n and such officer shall carry out the same,-- (a) to questiOn and record the statement of any Witness, (b) to trace, examme and se1ze any relevant records, (c). to conduct any mspectwn or test m wh1ch the s:ud officer has authonty or competence or expertise, • • 55 (d) to render such reasonable assistance takmg mto ,account the natuk.of each complamt (3) Complamts Authonty may call for a report from the Pollee or Government m respect of Important matters m a complamt wh1ch 1s under Its cons•deratwn (4) In connectiOn w1th the mqmry bemg conducted by the Complamts Authonty, the pollee offict:r concerned may be permitted to produce ev1dence to depose d1rcctly and to cross examme w1tnesse<> on occa<>wns su1table and practiCable CIIAI"I ER Vlli OfFENCES AND PUNISHMENTS 113 Protecswn of actwn taken' 111 good fatth --(1) No sutt, prosecutiOn or other legal procecdmgs shall he agamst the Government or any Pohce 9fficer or any public servant duly appomted or authonzed under th1s Act for anythmg done or llltended to be done m good fatth m the due d1scharge of offic1al dulles under the proviSIOns of th1s Act • • (2) No court shall tdke cogmzance of any offence under th1s Act and alleged agamst pohce officer except with the pnor perm1ss1on of the Government 114 Dere!tctwn of duty by a poltce officer -Whot:ver, bcmg a pohce officer,- (a) VIOlateS Or neglects tO obey any legal proVISIOn, procedure, rUJC or regulatiOn apphcable to members of the pohce force under th1s Act, or (b) p1etendmg to have 1llness or pretends to have 11lness or tnjury or volulltanly hurts hunself w1th a v1ew to evade from duty, or (c) acts ;n any other manner unbccommg of a pohce officer, or (d) IS gu1lty of coward tee, shalL on conv1cllon, be pumshed wtth unpnsonrnent for a tenn wh1ch may extend to three months or w1th fine or wttn both , Prov1ded that~m 1espect of an act considered to be an offence under th1s . c;cctwn, the dtsctplmary authonty concerned may dec1dc that .. departmental dt<;ctphnary procccdmgs shall alone be taken Without rcsortmg to cnmmal proceedmgc; • \ 56 115 BtL be takmg and extortiOn hy polLre officer -Any pohce off.cc!).._who m connectton w1th h1s duttes, e1ther dtrectly or 1ndu ectly, by threat or by coerciOn aemand~ or accepts or attempts to accept any bnbt- or unauthonzed favour or reward shall on convtctwn be pumshed wtth 1mpnsonment for a penod whtch rna) extend to !>even years or With ftne not exceedmg his salary fur twelve ·months or wtth hoth 116 Vexatwns arrest, search, sezure, vwlence, etc -Whoever, bcmg a pohce oflicer,- (a) enters mto or conducts unnecessary searches or cc:>u~c:s to be searched wtthout lc:>wful authonty or reasons m any bu.ldmg, vessei, tt:nt or place for cau~mg annoyance, or (b) setzes the property of any person or detamo; a per~on In custody or conducts search or arrest!> an_y person illegally for causmg annoyance and wtthout reasonable cause, or (c) deliberately subjects, any person m custody or With whom he romes mto-contact m the course of l11s duttes, to torture or any kmd of m.human or unlawful personal vtolence or grave mtsconduct, or (d) deliberately, knowmgly and mahc10usly wtth mtent to tmphcate an mnoceni person m a cnmmal offence records a false statement or make a forged document or ratses a fal<>e allegation of attack on the pohce , or (e) dehbcratel.>,. and dtrectly aids or abets for the commiSSion of ~n offence whtch, as a pollee officer, he ts bound to prevent, ~hall on wnv.ct10n, be pumshed With Impnsonment foi a term which may extend to thtee years 01 fine or wtth both Provtded that nothmg m this secttou shall preclude any court from pumshmg any police officer, under any other Jaw for the lime bemg Ill force, If the same matter IS an offence under the provtswns of tha: law 117 Penalty-for mterfenng tn tlw functwn~ of the polzce -VIhoe·;er,- (a) abets any member of the pohce force not to do hts duties 01 to conun1t viCiation of dtsciplme, or • (b) unlawfully undertake any fun\tton or power of police, or (c) personates a<> a police officer other than Innocenti.> for the purposes of entertainment, or (d) dehbcrateiy makes a filbc statement to a police officer ~ tth mtent to riuslead the pohce m matenal partJculars m a police mvt"st!gatton or due perfom1ance of pohce duty, or • ' •I • • • 57 ;_ (c) threatens, ob:;tructs or assaults a pollee off1cer w1th the mamkst .ntentJOn of preventmg such officer fron~ d1schargmg any of h1s dut1es, • shall, 0:1 conv1ct10n, be pumshable w1th 1mpn~onment for a te1m wh1ch may extend tc thtee years or w;th fine or w1th both 118 Pen_alty for causmg grm e vwlat1on of public order r>r dang,!r- Any person who,- (a) IS found m a pubhc pldce, m an mtox1cated manner or notmg cond1t1on or mcapable of lookmg afte1 himself; or (b) knowmgly ~preads rumour~ or g1vc.~ false aUum to m1slcaci the pollee, fire b1 :gadc or an:• otht>r f'ssentlal serv1ce, or (c) kr~o,vmgly and w11lfully cause~ damage to an essential ~erv1ce, m order to create generc;l pamc among the pubhc, or (d) causes annoyance to any person m an mdecent manner by statements· or ve1bal or C<)mments or telephone calls 01 calls of any type or by cha'>tng or sendmg messages or mmls by any means; or (c) knowmgly does any act wh1ch causes danger to pubhc or fatlure 111 public !lafcty , or (f) transports explosive art1ck~ or daagerou-. subc;tanct>s without bemg lawfully authonzed to do so, or (g) 1<; found under susp:c:ouc; Circumstances, m a pubhc place, bcmg a goonda or a rowdy m pos~ess1on of eq111pments whJch are mtended to be used fo: any artJvJty ill the nc1ghbourhood for fac:l!iatmg any anti-'>OCJal actiVIty as defined under the' Kcrala AntJ-Soc1af Aci!V!tles (frf"vel1t!On) Act, 2007 (34 of 2007) , or (h) v1olates the proviSions of sect1on 73 or Imparts phy&.cal t1ammg m contravention ·of tlte sa1d proVISIOn , or • {1) g1ves or sells those' who are below e1ghtcen yf"ars any mtox1catmg ~ubstance or to children any articles or substances wl11ch are hannful for the1r phys1cal and menta\ health or procure the same near school prem1ses for that purpose, shall, on convJciHm be pumshable With 1mpnscrunent for a term. wh1ch may extend to tr,ree years 01 W!th fine POl exceedmg ten thousand rupees or With both 58 ~19 Pum~hment for atwcllles agmmr women -(I) Any person who,- _;. (a) performs, m pubhc place~, any sexual gesture~ or acts degradmg the digmty of women, or (b) takes photographs or rec'ord<> videos or propagates them at any place m a manner affectmg the reasonable pnvacy of women, - shall, on conviction, be pumshed with Impnsoument which may extend to three years or wtth fine not exceedmg ten thousaud rupees or with beth . . (2) Where any servtce provtder or person rn charge of a pubhc place, who falls by deliberate omtssion to take reasonable actiOn for the time bemg to prevent !>uch a cnmmal act, 1f the vt~ttmtzed woman complamts that an offence under sub-sectiOn (I) had taken place m their presence or falls to mform the authonttes concerned shall be an offence which on convJctiou be pumshable With fine up to one thousand rupee!> 120 Penalty j01 causmg nw~ance and v10latwn of public 01de1 - If any person,- (a) cleans fumtture, article or veh1cle or <>laughters any ammal or cleans any carca!>s or grobms any ammal 10 a publiL place causmg aunoyJncc or mconvemence to the pubhc, (b) causes any vehtcle or conveyance to rcmatn tn such a manner Cdusmg obstructiOn, mconvcmence or danger to the pubhc, (c) deface!> or covers a traffic' !>tgn or stgnboard reducmg 1ts Vt!>lblhty or readabthty, {d) defaces walls, butldmgs or other structures wtthout the pnor permtssiOh of the custodtan of the property, (e) defiles water source!> or water supply or cause hmdrancc to pubhc. samtatwn acttvlttes or make publtc pla..:e dtrt)' or cau<>es s<!nou<> damage to environment unlawfully, • (f) tre<>passes mto a Govenm1ent bt.tldmg or Government land, • (g) dnves, drags or pushes any non-motonsed vehtcle at Jny tnne between half an hour after sunset and one hour before sunnse wtthout <>uffic1ent hght, • • • • ; ' ... 59 (h) dnves or drags or pushes any non-motonsed vel!1cle w1thout actual necJ<;~ty or sufficient reason for such dev.at10n "nd does not keep,- • (1) on the nght s1d~ of any other veh1cle \\-h1le overt~kmg, (11) the left s1de of Li)e street when any other veh1cle IS cort:ung from the oppo~1te d1rect:on (1) transport through the street any veh1cie or veh1cles carrymg any arttc!e wh1ch proJects more than f1ve feet m front or behmd the veh1cle or vehtcles, (J) cau~es any mJury or damage by any neghgence or 11!-u<>age m dnvmg, management or care of any ammal or veh1de . . • (k) knowmgly defecates or unnates m a publtc place w1th a v1ew to cause annoyance to others , (I) does not take due ca1e of pets under one's care or control and thereby causmg mconvemcnce to ne1ghbours or pubhc by carelessly lcttmg them • loo~c , · (m) buys any omament, watch, pen, cycle, ut<.>ns1l or any valuable article from any pero;on apparently under the age of fourteen years or takes any article o.n pawn or pledge from such d person wtthout the knowledge and consent of the owner' (n) Without adeqUd!e precaUtiOnS and Without takmg IntO account pubhc ~afety. undertakes or allows any dangerou<; actiVIty at a place or prcnuse under h1s control . or (o) cauo;mg, through any means of commumcat1on, a nutsance of rumsdf to any person by repeated or undesirable or anonymous call, letter. wntmg, meo;sagc, e-mail or through a messenger , (p) breaks any queue, In any public place, formed for the purpose of orderly dehvery or Jeceip' or use of any servtce, whether pubhc or pnvate, (q) pastes or affixes any document anywhere whtch IS of a defamatory or thrcatemng na:ure concealmg the wer!tJty of the author thereof, ~halt, on conviCtion, be pumshable w1th 1mpnsorunent \\-htch may extend to one year or wnh fine which may extend to five thousand rupees or wtth both· 1"21 Pu;mhment for offences for wh.ch there 11 no separate provz~wn- (I) Any person who v10lates any of the provtstons of th1s Act or commtts any act of commi'>SIOn or om1~ston m viOlation of the prov1s1ons of th1s Act or any rules or 60 any 01 der m~de. the1 eunder shaJI, on convlct!O'l. 1 f no other punrshm~~t 1s prescnbcd for the same offence under th1s Act, be pUnishable w1th 1mpnsownent for a term not e~ceedu~g s1x months or w1th fine whtch may extend to two thousand tllpe'es or wrth both (2) Where the offence ts <:ommllted by more than one person each of them shall be pumshed .;everally 122 Offences by Compames -(I) Wne:c an offence under thts Act hat> been committed by a Company, every person who, at tne t1mc the offence was commilted, was m charge of and was respon!>rblc for, the conduct of thr busme~s of the company, a!> .veil as the company, shall be deemed to be gu1!ty of the offence, and shall be hable to be prcceeded agamst and ;mmshcJ accordmgly. (2) Notwrthstandmg anythmg con tamed rn sub-sectwn ( 1 ), whrre. an offence under thts Act hal) been committed by a ..,ompan} c:nd 1l rs proved that the offence has bc::en commtttcd mth the consent ?r conmvancc of any D1rector or Manager or Secretary or any other officer, such Dm~ctor or Manager or Secretary 01 such other officer of the com;Jany sh<~ll alsc be deemetil to be responsible for the offence and such person shall be !table t<, be proceeded agamst and pumshrd dccordrngiy E:~p!anatwn --For the purpo,.es of tiw; sectiOn,- ,.. • {a) "Company" means a body corporate and mcludes a firm or 0rher assocJ<'t!On cf mdJvldud!s, and (b) "Drrecio(', m rclatJon to a firm, means a partner •n the firm 121 Prosecutzon under other /m;,s not barred -Nothmg con tamed m tlus Act shall be construed as prcver.tmg ar.y per~on from bemg prosecuted or bemg made liable for any penalty or pumshment fixed under any other Act for an ,offence made pumsh<!blc under any other i\ct and by thrs Act •n addrtton to the actron taken under th1~ Act 124 Procedural trregulan:y nat mazerwi -No ntle mc:dc by or under thts Act or any rule, order, d1rectron, adJudtcat!On, mvest1gdt1on, tnal, notrficattan, acttan taken, :s!>ued oq::ubh<;hed basically cons!Stt'nt wtth the sard rule, shall not be Jeemed to be !lh::gal or mvahd o~ vo:d or mcomplete on the ground of any d<:fect or 1rregulanty m the procedure or form uniess such defect o: trregulanty shall not preJudrctally cause ariy ma,ter.al l1arm or tault 12) Cogn.zab!e offences and bwlable offence.\ _:__(I) Offences uuder ~ect:ons 116, 117, 118 and 119 of thts Act shall be cogmzable and Lz!lable and an offence under •scct.or. 115 shall be cogmzable and non-batlable -. • • l ~ I 0 j • ' • • 61 ~-- (2) Notw1thstandmg the prvviswns of sub sectiOn ( l ), a police officer shall have power to arrest a person only tf,- (a) h1s arrest IS nece<>sary to prevent or not {O contmue any offence , or (b) 1t 1s mdmfestly cv1dent that lo.::atmg suGh person subsequently IS not poss1bie, or (c) such person IS likely to hurt h1mse!f or any other person , or (d) there £'> any spec1al and emergent crrcumstances warrantmg the • arrest (3) All other offence'> ..:ndcr thrs Ac-t ~hall be non-cognrzable and bailable Provrdf>d that a pollee offl::er present at the spot may remove a person !emporanly for the purpose of pre'ventmg th~ contmuance of an offence m h1s pr{"s-,nce 126 · Compoundtng of ofFences- (I) The Statwn House Officer may, on apphcatton of the accused, wmpound all non-cognrzable offences under the Act (2) The Dlstnct Poltce Ch1ef may, on any appltcat10n made by the accused, compound offences under sections 117, 118 and 119(2) 1f he deems that the matter ts not senous enough to be prosecuted before ~ court . Provtded that no such compoundmg <>hall be. made 111 a matter rn whtch the COUrt has already Initiated actiOn after submiSSIOn of charge sheet by police, and on such 'occasiOns, the offence<; may be compounded before such court (3) The compoundmg fees to be levtcd m respect of each category of offence whtle compoundmg '>hall be such as may be prescnbed by the Government and the Statton House Offtcer concerned shall collect such compoundmg fees 10 accordance with the manner nottfied by the State Police Cluef • (4) Compoundmg shall not be deemed to be convtct!On but may be used to prove the prcvtou<; conduct m any proceedmg where such prevtous co_nduct ~~ relevant 127 Cnmtnuf Justice Mtscef!aneous Expenses Fund-( 1) There !>hall be a rund called the Cnm:nal Justtce Mtscellaneous Expen~e'> Fund mamtamed arid adrmmstered centrally by the State Poltce ChJCf dnd from the Fund, the followmg expenses may be met, namely - (a) 62 ~. expen<.es mcludmg mcd1cal expen<>es of those m custody, (b) expenses mcurred m respect of mvest1gat10n of cmmnal cases mcludmg allowances or re1mbur<;ewent of expense~ to Witnesses, other than the expense!> mcurrcd by pohce officers or allowances pa1d to pohce officer~, (c) expen.,es relatmg to mamtcnancc and storage of art1cles kept 111 custody, (d) _expense~ mcurred for act1v1t1e<; connected with the removal of dead bodte~ and for gtvmg emergent help for InJUred perspns and for V1Cl11l1S of accidents and d1saste1s (2) The admm1strat1on of the Fund shall be m accordance v.1tp the orders 1ssued by the Govemmcnt (3) All compoundmg fees le\<1ed and collected by the Pohcc whde compoundmg the offences under the Act and all amount~ reah<.cd by the SJlc of uncla1med properties and pen.;hable properties '>hall be 1cn11ttcd to the rund (4) Govemmegt may, from tunc to t1me, prov1dc amount to the Fund for ensunng that there IS suff.c1ent amoun! 111 the rund to meet the expenses 128 Pm'!-'er of Government to gn·e du ectwm -- Notw1th~tandmg aJlythmg (.,Ontamcd 111 the foregomg plOVISIOn!> of thl'i Act, Government may g1ve lawful directiOns to the State Pohcc Ch1ef for takmg action'> 111 aecord,ance w1th the provmons of the Act 129 Power to make 1 ule1 -( 1) 'I he Government may by not1ficat101~ 111 the Gazette, make rules either pro:,pect1vely or retrospectlvcl;r to carry out the purposes of th1s Act (2) In partiCular and without preJUdice to the generality of the foregomg • , powers, such rule<> may proVIde for all or any of the followmg matters, namely - • (a) prescnbed, and all matters cxple!>~ly rcqu1red or allowed by th1s Act to be • (b) all other matter!> whiC'h a1e or may be prc-.cnbed (3) Every rule made under thh Act shall be la1d, a~ soon as may be after 1t IS made, before the Leg1slat1Ve Assembl::r whJ!e 1t IS m sc'~1on for a tolal pcnod of fourteen days wh1ch may be compn~;!d m one !>e~s1on or 111 two succes<.1vc SC'>Sions and 1( before the exp1ry of the se~s1on 111 wh1ch 11 IS so laiJ or the sessiOn nrm1edwtely followmg, the Leg1slat•ve A~~embly make., any mod1ficat10n 10 the rule or dec1des that the rule !>hould not be made, th~ rule shall' thcrcjllicr have • J c • ' • 63 effect only m such 112oddied form or be of no effect, as the case may be, <>o, however, that any such modification or annulment shall be wtthout preJUdice to the vahdtt) of anytlur.g previOusly done under that rule 130 P01-.,·er to remove dt/ficultle!> -( 1) If any difficulty a:1ses m givmg effect to the proviSions of this Act. Government may by order do anythmg not mcons1stcnt w1th the provision<> of tim Act wh1ch appear<; to them necessary for the purpo:,c ot removmg the difficulty Provided that no such order shall be made after the exp1rat!On of two years from the date of commencement of tlllS Act (2) Every orde1 made under sub-sectiOn (I) shall bt> laid, as soon as may be after 11 l'i l~'iued, before the Legislative Assembly 131 Repeal and ~avtng- (1) The Kerala Pollee Act, 1960 (5 of 1961) l'i hereby repealed {2) Notwllhstandmg such repeal, anythmg done or any actiOn taken or any procecdmg$ m:tlatcd under the repealed Act shdll be deemed to have been done or taken or lllltlated under the correspondmg proviSIOn:> of th1'i Act Provided that any nottficatwn or order or rule or byc-iaw mapc or ISSUed under the repealed Act and not mcons1stent wtth the provts1ons of the Act shall contmue to rcmam m force unttl the same ts -;uperceded by any notificatiOn or . - orde1 01 rule or bye-law made or 1s~ued under thts Act and the same shall be deemed to have been made or tssued under the. provisions of thts Act .