The SIKKIM POLICE ACT,2008
sikkim · 2008
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1Clr the sald Act in secton 135, Ior the worcls ,, a person sha be inel gbleto bememberoitheComrnission', thewords,,a oers
- S. 2\1) ln this Aci, unless the contoxt otheMise requkes
- S. 3Section 3 establishes the Sikkim Police, its recruitment process, and the appointment of a Director General of Police.
- S. 4ln the seid Act lor the existing sect]on 133, the lollowng shat be sLb\I: ur
- S. 5(1) (2) (s) (5) Appointment of Dlrector General of Polic6, etc
- S. 6Section 6 of the Sikkim Police Act, 2008 outlines the process for appointing the Director General of Police, emphasizing a screening committee and performance criteria.
- S. 8Section 8 allows the State Government to organize police ranges, zones, districts, and special cells for better crime management and service.
- S. 11Section 11 mandates a minimum two-year term for officers in police stations or districts, with early removal possible for various reasons.
- S. 12Section 12 outlines the roles of District Magistrates and Police Officers in maintaining public peace and law.
- S. 13Section 13 empowers the District Magistrate to issue police directives for various district administration, security, and public welfare matters.
- S. 15Section 15 mandates the State Government to establish and maintain technical services, including a forensic science laboratory and police telecommunications and transport units.
- S. 18Section 18 requires enrolled Police Service members to take an oath or affirmation after training, as prescribed.
- S. 19Section 19 of the Sikkim Police Act, 2008 outlines the issuance of insignia and certificates for police officers, their suspension terms, and uniform regulations.
- S. 28Section 28 authorizes the state government to deploy armed police units for patrols and crowd control, with specific duties for officers to ensure readiness and fair rotation.
- S. 36Section 36 vests the superintendence and administration of the State Police in the State Government.
- S. 37Section 37 mandates the State Government to oversee and manage the police service for professional efficiency and lawful conduct.
- S. 38Section 38 mandates the Sikkim State Government to develop and present a five-year Strategic Policing Plan and annual sub-plans, and report progress to the State Legislature and public.
- S. 39The State Police Board is established to formulate policies, evaluate performance, and ensure autonomy for the State Police Service.
- S. 40Section 40 outlines the composition and appointment process for independent members of the State Police Board in Sikkim.
- S. 42Section 42 outlines the grounds and process for removing Independent Members from the State Police Board and details their functions.
- S. 47Section 47 provides for remuneration and expenses for non-official members of the State Police Board to be determined by the State Government.
- S. 48(1) Noticelor meetingsot lhe Board shallbe issued by the Membersecretary al least 15 (filteen) days beloreeach rneeting
- S. 51Section 51 outlines the Director General of Police's duties to advise, implement policing policies, and manage recruitment.
- S. 52Section 52 establishes a State Police Establishment Committee to approve postings, transfers, and promotions of lower-rank police officers.
- S. 53Section 53 outlines promotion criteria in the Sikkim Police Service based on seniority, merit, and evaluation, with specific roles for the Director-General and the Government of India.
- S. 54Section 54 mandates the Sikkim Government to establish a training policy for police personnel to ensure proper development and career advancement.
- S. 55r') The Di-ector General of Po ice 5hal, be respons'o'e Io' subnilli g
- S. 56Section 56 mandates the Director General of Police to publish departmental orders and circulars in the Police Gazette and on the Police Department's website.
- S. 57CHAPTER VI Role
- S. 58Section 58 outlines the duties of police officers in Sikkim to behave courteously, assist vulnerable groups, provide aid to victims, and ensure impartial conduct.
- S. 61A se_ior Po
- S. 62Allpersons shallbeboundto complywith the reasonableand law4u I dlreclions girln by
- S. 63Section 63 outlines the duties of a police officer when arresting or detaining a person, including informing the person of their rights and notifying a legal advisor.
- S. 64('1) No Police Orficer shallwithdraw himself from dulies ot his offjce unless expressly allowed to do by the competent a
- S. 68Section 68 outlines the organization and duties of rural police stations and beat officers in Sikkim.
- S. 69—
- S. 70Section 70 establishes a Village Guard system for Sikkim Police, enlisting local residents as guards to interact with communities and report crime incidents.
- S. 77Oath orAttirmation by Village Guard Honorariumand identilication badge of Village Guard Return ot ldentilication Badgeet
- S. 78Section 78 requires a Village Guard to return their badge and records to the Superintendent of Police upon ceasing duties.
- S. 79Section 79 outlines the duties of Village Guards to report crimes and assist police in apprehending offenders.
- S. 80Section 80 empowers the Superintendent of Police to form Village/Town Defence Parties to prevent crime and assist police in areas at risk of violence.
- S. 81Section 81 recruits eligible permanent residents for Village/Town Defense Parties, led by a Superintendent-appointed leader.
- S. 82A V,llaqe/Town Defence Party sha lDe o'ganized tora pe
- S. 86Section 86 outlines the procedures for managing Village/Town Defence Party members and establishing Community Liaison Groups for police advisory support.
- S. 8929 lnlernal Security Scheme 90
- S. 92CHAPTER VIII Policing in the context of public orderand lnterna I Securlty challenges rl r The Director General ot PoIce
- S. 94Establishes a separate crime investigation unit within the Sikkim Police for handling criminal investigations.
- S. 95—
- S. 96Section 96 mandates police to record crime reports immediately in prescribed formats as per government rules.
- S. 97Section 97 establishes Special Crime Investigation Units in crime-prone areas to handle economic and heinous crimes separately from law and order duties.
- S. 98The olficers posted in Crime lnvestigation Units will be selecled on the bas s oi lheir aptitude, competence and integri
- S. 99Section 99 sets a reasonable tenure and rotation for officers in Crime Investigation Units.
- S. 100(1)The ofiicers posled to the Crime lnvesiigalion Units willinvestigate crimes slch as murder
- S. 103Section 103 outlines the responsibilities of the Criminal Investigation Department for serious, complex, and specialized crime investigations in Sikkim.
- S. 106The Criminal lnvestigalion Departme
- S. 107The Criminal lnvesiigation Departrnent shallbe provlded withadequate siatf and funds
- S. 108Section 108 mandates the Criminal Investigation Department to have scientific investigation aids and qualified personnel.
- S. 109(1)The head oflhe Cdminal lnvestigation Departmeni shallcause to be P
- S. 110Section 110 establishes the State Crime Investigation Department's databank, crime records bureau, and fingerprint bureau for crime investigation and prevention.
- S. 111Section 111 mandates the State Government to create a police training and education policy to develop skills and ethical values among personnel.
- S. 113Section 113 mandates the State Government to develop training infrastructure and facilities for police personnel using various methods and to ensure specialized training.
- S. 116Section 116 mandates police training institutions to adopt national standards and periodically evaluate training policies with external assistance.
- S. 118Section 118 allows the State Government to establish a bureau for police research to improve policing standards and fund studies on policing-related subjects.
- S. 120Section 120 outlines the tasks of the State Bureau of Police Research and Development to modernize and improve police infrastructure and efficiency.
- S. 121Section 121 empowers the Director General of Police to make rules for various police functions, including crime prevention, prosecution, and organization.
- S. 122Section 122 prohibits police officers from joining or participating in associations aiming at collective negotiations regarding police service matters.
- S. 123Section 123 outlines disciplinary punishments for police officers, including rank reductions, dismissal, and fines, by higher-ranking officers.
- S. 124{lrADoriCeofii(erolo,ab
- S. 125A Porrce oliicer sl^a'
- S. 130Section 130 prohibits police officers from engaging in other employment unless expressly permitted by the central/state government or the Director General of Police.
- S. 131Section 131 establishes a Police Accountability Commission to investigate complaints against police officers in Sikkim.
- S. 133Section 133 establishes a three-member Police Commission in Sikkim, including a retired High Court Judge as chairperson, a retired public administration officer, and a civil society member.
- S. 135Section 135 of the Sikkim Police Act, 2008, outlines the ineligibility criteria for members of the Police Commission.
- S. 136(1) The lerm of office of the Chairperson shall be 5 (five) years, and that of a iiiJitl
- S. 137Section 137 allows removal of Commission members by State Government on grounds of misconduct, neglect, ineligibility, or outside employment.
- S. 140Section 140 establishes a commission to investigate allegations of serious misconduct by police personnel.
- S. 143Section 143 ensures the right of any person to be heard and provide evidence before the Commission's inquiry into their conduct.
- S. 147Section 147 mandates the Director General of Police to refer allegations of serious misconduct to the Commission and requires heads of police and other agencies to provide necessary information.
- S. 148Section 148 penalizes interference with the Commission's functioning, except during lawful duties, with up to one year imprisonment.
- S. 149Section 149 mandates the State Police Board to regularly evaluate and review the performance of the Police Service in Sikkim.
- S. 150Section 150 mandates the Police Board to submit an annual performance report with improvement recommendations to the State Government and Legislature.
- S. 151Section 151 protects the State Government, Police Board, and Accountability Commission from lawsuits for actions taken in good faith under this chapter.
- S. 152t1 ) Ar otiicer l
- S. 154Section 154 establishes a grievance redressal mechanism for police personnel complaints, forwarding unresolved issues to the State Police Board for recommendations.
- S. 155Section 155 regulates police duty hours, limiting them to eight per day but allowing up to 12 in exceptional cases with compensation.
- S. 156Section 156 empowers the District Superintendent of Police to regulate and prohibit assemblies and processions to maintain public order.
- S. 157rlrA N,4aolsrale o' ary Po'lce Oilicer'lo( berowthe rank S-b_'nspecto "' ' ot poia" urt
- S. 159(1) Any Magistrate o
- S. 160Section 160 penalizes non-compliance with lawful police orders from Sections 156, 157, and 158 with a fine.
- S. 161Section 161 allows district authorities to temporarily reserve public areas for specific purposes and authorizes police to install temporary structures for vehicle checks.
- S. 164Section 164 prohibits non-police members from wearing police uniforms without permission, punishable by up to six months in jail.
- S. 165Former police officers must return their appointment certificate, clothing, and other supplies; failure to do so results in a fine.
- S. 166Section 166 penalizes making false or misleading statements to police for personal benefit with imprisonment up to three months.
- S. 169Section 169 penalizes various public nuisances and disorderly conduct within specified areas in Sikkim.
- S. 173Section 173 allows the Superintendent of Police to issue immediate regulations and exempts police officers from court action for official duties, with certain exceptions.
- S. 179Section 179 allows any officer to temporarily or permanently fill a vacant police officer position and exercise the powers and perform duties of the office.
- S. 180(1) AnV licence or wrrflen permtssioi g
- S. 182Written consent or approval from a competent authority under the Sikkim Police Act, 2008 is sufficient evidence.
- S. 183(1)The Governmeni may make rules and regulations lor carrying out the p!rposes of this Act
- S. 184Section 184 allows certain police officials to issue standing instructions within their jurisdiction to implement the Act's purposes.
- S. 186Section 186 allows aggrieved persons to apply to the State Government to annul, reverse, or alter rules or orders made under the Act.
- S. 187(1) The Police Aci, 1851, in its apptication to rhe State ot Sikkim, is hereby repealed