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CHAPTER 12

ARRESTS, CUSTODY, BAIL & REMAND


ARRESTS Power of Arrest 12.1 The Police Officers of Delhi Special Police Establishment may arrest an individual, concerned in any cognizable offence notified under Section 3 of the DSPE Act or against hom a reasonable suspicion e!ists of his having been involved in the crime, ithout any arrant of arrest issued by a competent "ourt# This po er is derived from Section $% of the "ode of "riminal Procedure &"r#P#"'# The Officer(s of DSPE may ta)e assistance of the local Police hile ma)ing arrest, henever considered necessary# *f any oman is to be arrested, she may be arrested bet een sunrise and sunset and ith the assistance of oman Police Officer, as far as possible# *n case of non+availability of omen Police Officer, a oman relation( ac,uaintance could be allo ed to remain present until she is released on bail or produced before the competent "ourt# 12.2 The Police Officers of Delhi Special Police Establishment may arrest an individual against hom a arrant of arrest has been issued by a "ourt and endorsed to him for e!ecution# -o discretion is available to Police Officer&s' in e!ecuting the arrants of arrest issued by a "ourt# *n case, the individual against hom a arrant of arrest has been issued by a "ourt cannot be arrested ithin the time specified in the arrant, a fresh arrant may be obtained after returning the une!ecuted one# *n cases of individuals to hom it may be advisable to deny use of passport facility, arrest arrants shall normally be obtained to invo)e the provisions of Sections . and %/ of the Passports Act, %0.1# 12.3 However, as arrest takes away liberty of an individual, the power to arrest vested under Section 41 Cr.P.C. must be exercised with due care and caution. he power bein! discretionary must be used with due care to ensure that the human ri!hts of any individual are not violated under any circumstances. he arrest may be made only when it is reasonably felt that the individual so arrested is involved in the commission of a heinous crime and will be prosecuted in the Court of "aw for the offences committed by him and if it is feared that he is likely to tamper with or destroy evidence or is likely to evade the process of law. he Police #fficers of $SP% must observe !uidelines issued in this re!ard from time to time. he Superintendents of Police must satisfy himself, before #fficers workin! under his control effect an arrest, by evaluatin! the evidence available a!ainst an individual, and need to affect the arrest. &f the case has been re!istered with the approval of re!ional office or the Head #ffice, necessary permission may be obtained from the Competent 'uthority by sendin! an arrest proposal to the said authority throu!h the $&( concerned. &n respect of public servants, the instructions !iven in the para!raph below may be observed. )ndue publicity for arrests made must be avoided. Arrest of Pu !"# Ser$%&ts "& CBI C%ses

12.' Public servants should be placed under arrest only hen it becomes necessary to do so in the interest of investigation or to satisfy the re,uirements of la or to prevent the accused from absconding or after a decision has been ta)en to launch a prosecution and necessary sanction for it has been obtained# *nvestigating Officers should, herever possible, obtain the concurrence of the Superintendent of Police before ma)ing such arrests# A Superintendent of Police and *nvestigating Officers should use utmost care and discretion in deciding to arrest and in ma)ing such arrest# 2ndue publicity and embarrassment must be avoided# 12.( *n affecting the arrest of a public servant, especially on operational duty, proper steps should be ta)en to see that the or) of the Department is not unnecessarily dislocated# As far as

possible, timely information of intention to arrest the public servant may be conveyed to the authority, to hich such public servant is subordinate so that suitable alternative administrative arrangements could be made# *n case, the arrest cannot be postponed for any e!ceptional reason and his immediate superior cannot be informed in advance, he should be informed soon after ma)ing arrest of the public servant# A report ill be sent to the 3ead Office detailing the reasons for effecting arrest ithout giving prior information to the immediate superior Officer of the public servant concerned# 12.) The arrest of personnel of armed forces should be intimated to the nearest "ommanding Officer and his(her parent unit# Arrest *ow +%,e 12.- As provided in Section $. "r#P#"#, in ma)ing an arrest the Police Officer shall actually touch or confine the body of the person to be arrested, unless there is submission to the custody by ord or action# *f any person forcibly resists the endeavour to arrest him or attempts to evade the arrest, all means necessary, including re%so&% !e for#e may be used# *t must be remembered hile using reasonable force that the la does not give a right to the Police Officer to cause death of a person ho is not accused of an offence punishable ith death or ith imprisonment for life# The use of handcuffs should be avoided as far as possible# *n case, it is felt other ise due to any reason, the handcuffs may be used only in accordance ith la mandated by the 3on4ble Supreme "ourt in Prem Shanker Shukla v# $elhi 'dministration &%05/ 3 S"" 67.' and Citi*en for $emocracy v# State of 'ssam &%006 3 S"" 1$3'# Perso& %rreste, to e "&for+e, of .rou&,s of Arrest %&, of t*e R"/*t to B%"! 12.0 Every Police Officer arresting any person ithout arrant shall forth ith communicate to him full particulars of the offence for hich he is arrested or other grounds for such arrest# *f it is a bailable offence, the person arrested should be informed that he is entitled to be released on bail and that he may arrange sureties on his behalf &Section 6/ "r#P#"#'# The individual may be informed that he has a right to consult a legal practitioner of his choice# The individual may also be told that he can have his medical e!amination done and if he re,uests to be e!amined by a Doctor, the same be attended to as per Section 6$ "r#P#"# 12.1 The 3on4ble Supreme "ourt in $.+. ,asu v# he State of -est ,en!al &A*8 %001, S#"# .%/' has given directions to be follo ed scrupulously after the arrest of an accused person# 9ailure to comply ith the said directions shall render the concerned Police Officer liable for Departmental action and he ill also be liable to be punished for contempt of "ourt# All DSPE Officers arresting an accused must therefore, follo these guidelines# The directions of the Supreme "ourt are as follo s: &a' The Police Personnel carrying out the arrest and handling the interrogation of the arrestee should bear accurate, visible and clear identification and name tags ith their designations# The particulars of all such Police Personnel ho handle interrogation of the arrestee must be recorded in a register# The Police Officer carrying out the arrest of the arrestee shall prepare a memo of arrest at the time of arrest and such memo shall be attested by at least one itness, ho may either be a member of the family of the arrestee or a respectable person of the locality from here the arrest is made# *t shall also be countersigned by the arrestee and shall contain the time and date of arrest# A person ho has been arrested or detained and is being held in custody in a Police station or interrogation centre or other loc)+up, shall be entitled to have one friend or relative or other person )no n to him or having interest in his elfare being informed, as soon as practicable, that he has been arrested and is being detained at the particular place, unless the attesting itness of the memo of arrest is himself such a friend or a relative of the arrestee#

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The time, place of arrest and venue of custody of an arrestee must be notified by the Police here the ne!t friend or relative of the arrestee lives outside the district or to n through the ;egal Aid Organization in the District and the Police Station of the area concerned telegraphically ithin a period of 5 to %7 hours after the arrest# The person arrested must be made a are of list of rights to have someone informed of his arrest or detention as soon as he is put under arrest or is detained# An entry must be made in the diary at the place of detention regarding the arrest of the person hich shall also disclose the name of the ne!t friend of the person ho has been informed of the arrest and the names and particulars of the Police officials in hose custody the arrestee is# The arrestee should, here he so re,uests, be also e!amined at the time of his arrest and ma<or and minor in<uries, if any present on his(her body, must be recorded at that time# The =*nspection >emo? must be signed both by the arrestee and the Police Officer affecting the arrest and its copy provided to the arrestee# The arrestee should be sub<ected to medical e!amination by every $5 hours during his detention in custody by a doctor on the panel of approved Doctors appointed by Director, 3ealth Services of the State or 2nion Territory concerned# Director, 3ealth Services should prepare such a panel for all tehsils and districts as ell# "opies of all the documents, including the memo of arrest, referred to above, should be sent to the *lla,a >agistrate for his record# The arrestee may be permitted to meet his la yer during interrogation, though not throughout the interrogation# A Police control room should be provided at all District and State 3ead,uarters, here information regarding the arrest and the place of custody of the arrestee shall be communicated by the Officer causing the arrest, ithin %7 hours of effecting the arrest and at the Police control room it should be displayed on a conspicuous notice board#

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Arrest Re2ort 12.13 An arrest report sho ing the time, date and place of arrest as ell as the 9*8 number ith sections of la shall be prepared at the time of arrest by the *nvestigating Officer as re,uired under section 61 "r#P#"# and sent to the >agistrate# At least one itness ho may either be a member of the family of the arrestee or a respectable resident of the locality may countersign the arrest report# The arrestee shall also countersign it# Se%r#* of t*e Perso&s u&,er Arrest 12.11 The body of all persons arrested by the Officers of DSPE and not admitted to bail shall be thoroughly searched at the earliest# *n such cases, the Officer ma)ing the arrest shall invariably prepare a search memorandum# This memorandum shall contain details not only of the property seized from the accused but also details of in<uries, if any, found on the person of the accused at the time of his arrest# *t is advisable, though legally not re,uired, to )eep at least one itness hile conducting the personal search# *n cases, here the property e!pected to be seized from the person of the accused is itself the main case property, such as trap cases, narcotics cases etc#, the search of the person of accused shall be made in the presence of t o independent itnesses. *n the case of omen accused, search shall be conducted by a oman only and shall, in all cases, be conducted ith due regard to decency# Some Special Acts li)e -arcotic Drugs and Psychotropic Substances Act &-DPS Act' etc# contains special provisions for search, hich should be strictly follo ed# 12.12 @hen a person is arrested on a charge of committing an offence of such a nature and under such circumstances that there are reasonable grounds for believing that an e!amination of his person ill afford evidence as to the commission of an offence, he may be sub<ected to

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medical e!amination to ascertain such evidence# The Officer may use such force as is reasonably necessary for that purpose, as per Section 63 "r#P#"# Pro#e,ure w*e& Po!"#e Off"#er ,e2utes Su or,"&%te to %rrest w"t*out 4%rr%&t 5Se#t"o& (( Cr.P.C.6 12.17 @hen the Officer conducting an investigation re,uires any Officer subordinate to him to arrest any person ithout a arrant &other ise than in his presence', he shall deliver to the said an order in riting, specifying the person to be arrested and the offence or other cause for hich the arrest is to be made# The Officer so re,uired shall, before ma)ing the arrest, notify to the person to be arrested the substance of the order and, if so re,uired by such person, shall sho him the order# -othing, ho ever, affects the po er of a Police Officer to arrest a person under Section $% "r#P#"# CUSTODY O8 ARRESTED PERSONS 12.1' *f an arrested accused is not released on bail, he should be produced before the >agistrate having <urisdiction over the case in accordance ith the provisions of la , at the earliest and in any case ithin 7$ hours &e!cluding the <ourney time' as per Section 61 "r#P#"# and get remanded to Police(<udicial custody# *n cases, here it is not possible to produce the accused before the >agistrate before the fall of night and it becomes necessary for the DSPE Officers to retain the accused in Police custody, he may be lodged in the Aranch( 2nit loc)+up or in the loc)+up of the nearest local Police Station# The SP should have a or)ing arrangement ith the local Police authorities for using their loc)+up facilities# *n case the loc)+up of the local Police Station is utilized for lodging an arrested accused or the accused ho has been remanded to Police custody, at least one Officer of the Aranch must be on duty as long as the individual is detained there# *n the case of omen accused, as far as possible a oman constable should be detailed to guard her in the oman loc)+up# I!!&ess of Perso& u&,er Arrest 12.1( @hen a person in Police custody is suffering from illness or in<ury at the time of arrest, or becomes ill or sustains in<ury hile in such custody, such a person shall be sub<ected to medical e!amination at the earliest opportunity and proper treatment be given to him(her# A record of such treatment should be made in the Beneral Diary of the place here the accused is so confined# Pro,u#t"o& of Perso& %rreste, or E9e#ut"o& of 4%rr%&t of Arrest 12.1) @hen the accused is arrested on e!ecution of a arrant of arrest in the <urisdiction of the "ourt issuing the arrant, he should be produced in the said "ourt at the earliest and in any case ithin t enty four &7$' hours# 12.17 -henever a person is arrested and it appears that the investi!ation as re!ards his involvement cannot be completed within the period of twenty.four hours provided in Section /0 of Cr.P.C., the &nvesti!atin! #fficer should produce him before the 1a!istrate with an application for Police custody remand as per the provisions of Section 120 Cr.P.C. he 1a!istrate may authori*e detention of the accused in such custody for a term not exceedin! 1/ days and thereafter send the accused to 3udicial custody as per section 120 Cr.P.C. he &nvesti!atin! #fficer may seek Police custody of the accused, more than once within the first 1/ days after his4her arrest, if deemed fit and necessary. 4%rr%&t ,"re#te, to Po!"#e Off"#er for E9e#ut"o& outs",e :ur"s,"#t"o& 5Se#t"o& -1 Cr.P.C.6 12.10 @hen a arrant directed to a Police Officer is to be e!ecuted beyond the local <urisdiction of the "ourt issuing the same, he shall ordinarily ta)e it for endorsement either to an E!ecutive >agistrate or to a Police Officer, not belo the ran) of an Officer+in+charge of a Police Station, ithin the local limits of hose <urisdiction the arrant is to be e!ecuted# The local Police shall, if so re,uired, assist him in e!ecuting the said arrant#

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Pro#e,ure o& Arrest of Perso& %/%"&st w*o+ 4%rr%&t "s "ssue, 12.11 @hen the arrant is e!ecuted outside the district in hich it as issued and if the "ourt issuing the arrant is beyond 3/ Cm from the place of e!ecution of the arrant of arrest, the arrested accused should be produced before the E!ecutive >agistrate or District Superintendent of Police or "ommissioner of Police in hose <urisdiction the arrant as e!ecuted, as per the procedure laid do n under Section 5/ "r#P#"# Order should be obtained from the said E!ecutive >agistrate or District Superintendent of Police or "ommissioner of Police for production of the arrested accused before the "ourt, hich had issued the @arrant of Arrest# Arrests of Me+ ers of P%r!"%+e&t %&, Le/"s!%tures 12.23 @hen a >ember of Parliament( ;egislature is arrested on a charge of involvement in a criminal offence, the Superintendent of Police of the Aranch ma)ing the arrest shall intimate the D*B and the 3ead Office regarding the same by ireless(e+mail(9a! and also immediately intimate the same to the Spea)er of the ;o) Sabha(;egislature or the "hairman of the 8a<ya Sabha, as the case may be, indicating the reasons for arrest of the said member and the place of detention or imprisonment in the form prescribed in the Third Schedule of the boo) titled ;Ru!es of Pro#e,ure %&, Co&,u#t of Bus"&ess for Lo< S% *%=. Similar intimation shall be given to the Presiding Officers of State ;egislature in case of arrest of members of those ;egislatures# @here intimation of arrest or detention is sent by ireless or e+mail or telegram, the information on all the points mentioned in the form should be given succinctly and clearly# *nformation hether an arrested >ember has been released on bail pending investigation or trial should also be given to the concerned authorities# 12.21 T o copies of the report sent to the Spea)er, ;o) Sabha, or the "hairman, 8a<ya Sabha, in the cases relating to the >embers of Parliament should be sent to the 8egional D*B as ell as the 3ead Office along ith t o copies of the note giving the brief facts and particulars of the case# *n respect of the cases involving >;As and >;"s copies of the report and one copy of note giving the facts of the case should be sent to the Presiding Officer of the ;egislature and 8egional D*B and t o copies to the 3ead Office for further necessary action# 12.22 -o arrest shall be made ithin the precincts of the 3ouse ithout obtaining permission of the Spea)er# Similarly, no legal process, civil or criminal, shall be served ithin the precincts of the 3ouse ithout obtaining permission of the Spea)er# B%"! 12.27 @hen an arrested person, accused of a bailable offence, can provide bail, it shall be accepted and he shall be released from custody# 12.2' @hen a person accused of a non+bailable offence is arrested or detained ithout arrant, he may be released on bail if the release on bail is not li)ely to pre<udice the investigation or is not li)ely to result in the person absconding, but he shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable ith death or imprisonment for life# 12.2( A person accused of a non+bailable offence shall be released on bail under Section $31&7' "r#P#"#, %013 at any stage of investigation hen it appears that there are no reasonable grounds for believing that a non+bailable offence has been committed by him, although grounds may e!ist for further investigation# 12.2) Benerally, all arrested persons should be released on bail if permitted under the la and if ade,uate bail is furnished unless there are strong reasons to the contrary# Arrest and release or non+release of a person on bail should be mentioned in the "ase Diary ith grounds for the same#

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12.2- -o Police Officer has po ers to re+arrest an accused person in the same case, ho has been released on bail under Section $31 "r#P#"#, %013# @hen re+arrest is deemed necessary, an application should be made to the competent "ourt for the cancellation of the bail bond and issue of a arrant of arrest in accordance ith the provisions of Section $31&6' "r#P#"# Arrest %&, E9tr%,"t"o& of Perso&s "& 8ore"/& Cou&tr"es 12.20 Should an occasion arise in hich it is considered desirable to effect arrest and arrange e!tradition(deportation of an accused in a foreign country, a detailed report should be sent to the 3ead Office containing full reasons for the proposed action# The 3ead Office ould then ta)e necessary steps to move the >inistry of E!ternal Affairs for e!tradition of the accused if there are arrangements for e!tradition( deportation ith that country in respect of the particular offence or offences alleged to have been committed by the him(her# I,e&t"f"#%t"o& of Offe&,ers 12.21 @here it is necessary to get arrested suspects identified by itnesses ho claim to be able to identify them, an identification parade shall be held to confront such arrested persons ith such itnesses# The follo ing instructions should be strictly observed hile holding such identification parades : &a' The face of the accused should be covered immediately upon his arrest and a note to this effect may be made in the Arrest >emo, "ase Diary and the 8emand Application# The accused should also be instructed to )eep his face covered as he may be sub<ected to Test *dentification &T*' Parade# Ordinarily, hen the accused is to be put on T* Parade, he may be sent to <udicial custody and immediately an application may be submitted to the "ourt for holding T* Parade so that the accused may be ta)en in Police custody remand subse,uently ithin the first %6 days of arrest, if necessary# The proceedings shall be conducted in the presence of a >agistrate# Arrangements shall be made to ensure that the identifying itnesses are )ept separate from each other and at such a distance from the place of identification as shall render it impossible for them to see the suspects or any of the persons concerned in the proceedings until they are called upon to ma)e the identification# *dentification shall be carried out as soon as possible after the arrest of the suspects# The suspects shall be placed among other persons similarly dressed and of the same social strata in the proportion of 5 or 0 such persons to % suspect# The suspect ill be allo ed to ta)e any position in the parade, hich he chooses and may be allo ed to change his place if so desired after identification by each itness# Each itness shall then be brought out separately to ma)e the identification# "are should be ta)en to see that the remaining itnesses are still )ept out of sight and hearing and that no opportunity is permitted for any communication to pass bet een the itnesses ho have been called up and those ho have not been called up for identifying the suspects# The results of the test shall be recorded by the >agistrate or the persons holding the identification parade as each itness vie s the suspects# On conclusion, the >agistrate or the person holding the identification parade shall be re,uested to sign the form and certify that the test has been carried out correctly and that no collusion bet een the Police and itnesses or among the itnesses themselves as possible# *t is advisable that henever possible an independent and reliable person not connected ith the Police should be present throughout the proceedings at the place here the itnesses are )ept and should be re,uired to devote his attention entirely to the prevention of collusion# Once the arrangements for proceedings have been made, the Officer investigating the case and any Police Officer assisting him in that

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investigation should have no access itnesses# &g' &h'

hatsoever either to the suspects or the ithout approval

9ormal identification proceedings should not ordinarily be arranged of the Superintendent of Police#

*t is not the duty of the Officers conducting the test to record statements or cross+ e!amine the suspects or itnesses# They should, ho ever, be re,uested to ,uestion the identifying itnesses as to the circumstances in hich they sa the suspects hom they claim to identify and to record the ans ers correctly# @hile every precaution shall be ta)en to prevent collusion, the identifying itnesses must be given a fair chance and unnecessary conditions must not be imposed upon these to ma)e it impossible for a itness to identify the suspect even if he is honestly capable of ma)ing identifying the suspect in normal circumstances#

12.73 *n case the accused is absconding, a T* Parade can be held on the basis of his photograph. *t has been held by the Supreme "ourt that identification of the accused by seeing photograph is admissible and such identification can ta)e the place of test identification# Therefore, hen a photograph is the basis of test identification it must be a good photograph or a set of good photographs# All the photographs should be of same size and colour# A s#o&,"&/ Offe&,ers 12.71 *f during the course of investigation of a case sufficient evidence <ustifying the arrest of an accused is collected but the accused is found evading arrest, a arrant of arrest should be obtained immediately and the *nvestigating Officer should ma)e all possible efforts to trace the hereabouts of the accused# The 3on4ble Supreme "ourt in State of 1aharastra v# $awood &brahim +askar and others reported in %001&7' "rimes 07 &S"' has held that a arrant of arrest can be issued by the "ourt against a person, ho is accused of a non+bailable offence and is evading arrest# En,uiries should be made from his relatives, friends and other persons ho are li)ely to be a are of his movements and they should all be arned against harbouring him Issue of Pro#!%+%t"o& 12.72 *f the accused continues to evade arrest and the arrant cannot be e!ecuted, the Police Officer entrusted ith the e!ecution of the arrant should be produced before the >agistrate to give evidence to the effect that the arrant could not be e!ecuted# The >agistrate should then be re,uested to issue proclamation under section 57 "r#P"# and attachment of property order under section 53 "r#P#"# Proceedings 2nder Section 57+53 "r#P#"# should then be completed e!peditiously# Issue of Re, Cor&er Not"#e et#. 12.77 *n case the accused is suspected to be abroad, a 8ed "orner -otice may be got issued from *nterpol &*PSB ;yons' against him# 9or getting the 8ed "orner -otice issued, the prescribed proforma may be obtained from *nterpol @ing of "A* and it may be for arded to *nterpol @ing, duly filled in, along ith an attested copy of arrant of arrest, ith English translation, photograph and finger prints of the accused, if available# The *nterpol @ing ill for ard the proforma to *PSB and after the 8ed "orner -otice is issued, a copy ill be sent by *nterpol @ing to the Aranch on hose re,uest it as got issued# 12.7' *n case it is suspected that the absconding accused may flee the country, ;oo)out -otices("irculars may be got issued through the Deputy Director &"oordination', "A*, -e Delhi# 8e,uest for ;oo)out -otices should be sent only after obtaining approval of the Doint Director concerned# The necessity for continuing the ;oo)out -otice should be revie ed every si! months# 9urther, >inistry of E!ternal Affairs, -e Delhi may also be re,uested not to provide passport facilities to the absconding accused and also for revocation of the Passport, if already issued, as

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provided under Sections . and %/ of the Passports Act, %0.1# Deputy Director, "oordination, "A*, -e Delhi has been appointed the nodal Officer for such matters in the "A*# Re#or,"&/ of E$",e&#e u&,er Se#t"o& 211 Cr.P.C. 12.7( *n all cases in hich an accused is absconding, e!cept those of e!ceedingly trivial or petty nature or hen special circumstances e!ist hich ma)e the procedure unnecessary or undesirable, the "ourt should be re,uested to record evidence against the absconded offender under Section 700 "r#P#"# 12.7) *n order to render evidence recorded under Section 700 "r# P#"# admissible at future trial, it must be proved and put on record that the offender has absconded and that there is no immediate prospect of arresting him# 12.7- *n cases here some of the accused are absconding and some are facing trial in the "ourt the evidence should first be produced to prove that these persons are absconding and that there as no immediate prospect of arresting them# The evidence of the itnesses should thereafter be recorded in the case against those present# Such evidence ould be relevant against the absconders under section 700 "r# P#"# Pu !"#"t> re/%r,"&/ A s#o&,e, Offe&,ers 12.70 A descriptive roll, mar)s of identification and, if possible, a photograph of the absconded offender should be maintained by the Aranch in a dossier and ide publicity given to see) public cooperation in the arrest of the absconder# Documents should also be sent to the "#*#D(local Police Station of the State concerned for publication in their Bazette# Policy Division orders(instructions regarding POs(absconders and 9ugitives should be complied ith meticulously# The 9ugitive *nvestigation Support 2nit &9*S2' under Assistant Director, &"oordination', "A*, -e Delhi should be )ept informed and their instructions complied# Rew%r,s for A22re*e&s"o& of Pro#!%"+e, Offe&,ers?A s#o&,ers 12.39 &n suitable cases, the Superintendent of Police should submit recommendations for rewards for apprehension of the absconded offenders to the Head #ffice for sanction and if the Head #ffice sanctions the reward, it should be !iven wide publicity.

Doss"er su +o,u!e of CRIMES ?Re/"sters of A s#o&,e, Offe&,ers


12.'3 The names of all absconding accused shall be entered in Dossier sub+module of "8*>ES >odule and(or in a register of absconders, hich should be maintained in each Aranch# *t should be ensured that the relevant particulars are entered in the said records so that ade,uate steps are ta)en for arresting them# The records shall be maintained in each Aranch for each of the follo ing categories: 5a' &b' Proclaimed offenders(absconders involved in cases registered in the Aranch# Proclaimed offenders(absconders anted in cases of other branches of "A*, ho are residents of places ithin the <urisdiction of the Aranch and are li)ely to visit their home districts#

Rete&t"o& of Re#or,s "& #%ses %/%"&st A s#o&,ers 12.'1 All documents of the cases in hich the accused persons or any one of them is absconding, the case file and the seized property should be carefully preserved so that these may be available hen the accused is arrested# Such documents, files and property ill not be destroyed for a period of 3/ years from the date of proclamation of absconders#

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Per"o,"#%! E&@u"r"es 12.'2 Periodical en,uiries should be made about all the proclaimed offenders and efforts made for their arrest, by forming special teams henever necessary# The results of such en,uiries and efforts to apprehend them should be mentioned in the Dossier >odule or the register )ept in the branches# *nstructions issued by Policy Division and 9ugitive *nvestigation Support 2nit in this regard should be complied ith meticulously# Re+o$%! of N%+es fro+ Doss"er Su AMo,u!e?Re/"sters 12.'7 A Superintendent of Police incharge of a Aranch may remove of the name of proclaimed offender( absconders from the register on the occurrence of any of the follo ing contingencies: &i' &ii' &iii' Arrest of the accusedE Death of the proclaimed offender or e!piry of 3/ years from the date of proclamationE Any other good and sufficient reason, e#g#, trifling nature of the case or lac) of sufficient evidence for a successful prosecution or ithdra al of the case etc#

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