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DRAFT DELHIPOLICEBILL,2010

Preamble
WHEREAS respect for promotion of the human rights of the people, and protection of their civil, political, social, economic and cultural rights, is the primaryconcernoftheRuleofLaw; ANDWHEREAS,itistheconstitutionalobligationoftheStatetoprovide impartial and efficient Police Service safeguarding the interests of vulnerable sections of society including the minorities, and responding to the democratic aspirationsofcitizens; AND WHEREAS such functioning of the police personnel needs to be professionallyorganised,serviceoriented,freefromextraneousinfluencesand accountabletolaw; AND WHEREAS it is expedient to redefine the role of the police, its duties and responsibilities, by taking into account the emerging challenges of policingandsecurityofState,theimperativesofgoodgovernance,andrespect forhumanrights; AND WHEREAS it is essential to appropriately empower the police to enable it to function as an efficient, effective, peoplefriendly and responsive agency; NOW, THEREFORE, since it is necessary for this purpose to enact a new law relating to the establishment and management of the Delhi Police Service, itisherebyenactedasfollows:

ChapterI Preliminary:Definitions&Interpretations
1.(a) ThisActmaybecalledtheDelhiPoliceAct,2010. (b) It shall come into force on such date as the Administrator may, by notificationintheofficialGazette,specifyinthisbehalf ItextendstothewholeoftheNationalCapitalTerritoryofDelhi.

(c)

2.(1) InthisAct,unlessthecontextotherwiserequires (a) (b) (c) ActmeanstheDelhiPoliceAct,2010. Cattle include cows, buffalos, elephants, camels, horses, asses, mules, sheep,goatsandswine; Crank telephone calls means such telephone calls, whether made once; or repeatedly, on the same day or over a period of time in such a way that they create harassment or criminal intimidation to the person receivingorrespondingtothecall DelhimeanstheNationalCapitalTerritoryofDelhi. Hoax calls means any such calls made to Police or any individual agency by means of telephone/Email or any other means of communication withtheintentiontocausefalsealarm,dangeranddisturbancetopublic peace regarding presence of a bomb or any other explosive device, or commissionofcrime. Insurgency includes waging of armed struggle by a group or a section of population against the state with a political objective including the separationofapartfromtheterritoryofIndia; Internal Security means preservation of sovereignty and integrity of the StatefromthedisruptiveandantinationalforcesfromwithintheState; Militant activities include any violent activity of a group using explosives. Inflammable substances, firearms or otherlethalweapons or hazardoussubstanceinordertoachieveitspoliticalobjective;

(d) (e)

(f)

(g) (h)

(i)

Organized crime includes any crime committed by a group or a network of persons in pursuance of its common intention of unlawful gain by usingviolentmeansorthreatofviolence; Place of public amusement means any place where music, signing dancingorgameoranyotheramusement,diversion,orrecreationorthe means of carrying on the same is provided, to which the public are admitted either on payment of money or with the intention that money theatre, music hall, billiard or bagatelle room, gymnasium, fencing school,swimmingpoolordancinghallsdiscotheque; Place of public entertainment means a lodging house, boarding and lodging house or residential hostel and includes any eating house or other place in which any kind of liquor or intoxicating drug is supplied (such as a tavern or a shop where beer, spirit, arrack, toddy, ganja, bhangoropiumissupplied)tothepublicforconsumptioninornearsuch place; PrescribedmeansprescribedunderthisAct;

(j)

(k)

(l)

(m) Public place means any place to which the public have access and includes: (n) (o) (p) (q) (i)apublicbuildingandmonumentandprecinctsthereof;and (ii) any place accessible to the public for drawing water, washing or bathingorforpurposesofrecreation; RegulationsmeansregulationsmadeunderthisAct; RulesmeanrulesmadeunderthisAct; ServicemeansthePoliceServiceconstitutedunderthisAct; Stalking means to follow, chase stealthily one or more persons intentionally to create a sense of injury, nuisance, harassment and fear ofcriminalintimidationinthepersonorpersonsbeingfollowed; Subordinate Rank means all ranks below the rank of Assistant CommissionerofPolice; Terrorist activity includes any activity of a person or a group using explosives or inflammable substances or firearms or other lethal weapons or noxious gases or other chemicals or any other substance of

(r) (s)

a hazardous nature with the aim to strike terror in the society or any section thereof, and with an intent to overawe the Government establishedbylaw. 2. Words and expressions used in this Act but not defined specifically shall havethesamemeaningasprovidedintheGeneral ClausesAct1897,theCode ofCriminalProcedure1973,andtheIndianPenalCode1860.

ChapterII ConstitutionandorganisationofthePoliceService
3. OnePoliceServiceforeachState There shall be one Police Service for Delhi State. Members of the Police Service shall be liable for posting for any branch of the Service in the state, includinganyofitsspecialisedwings. 4. (1) ConstitutionandcompositionofthePoliceService SubjecttotheprovisionsofthisAct: ThePoliceServiceshallconsistofsuchnumberinvariousranksandhave such organisation as Administrator may be general or special orders determine. The direct recruitments to nongazetted ranks in the Police Service shall be made through a statelevel Police Recruitment Board by a transparent process, adopting wellcodified and scientific systems and procedures which shall be notified through appropriate rules to be framedbytheAdministrator. The recruitment to the Indian Police Service and DANIPS shall be made throughtheUnionPublicServiceCommission. The pay, allowances, service and working conditions of police personnel shallbeasprescribedbyrules,fromtimetotime. Appointment of Commissioner of Police, Special Commissioner of Police, Joint Commissioner of Police, Additional Commissioner of Police,DeputyCommissionerofPolice For the overall direction and supervision of the Police Service, the Administrator, in consultation with Central Government, shall appoint Commissioner of Police who shall exercise such powers, perform such functions and duties, and have such responsibilities and such authority, asmaybeprescribed.

(2)

(3) (4) 5.

(1)

(2)

The Administrator may appoint one or more Special Commissioners of Police, Joint Commissioners of Police, Additional Commissioners of policeandDeputyCommissionersofPoliceasnecessary. The Administrator may by a general or special order and in consultation with the Commissioner of Police, direct in what manner and to what extent Special Commissioner or Joint Commissioner or Additional Commissioner or Deputy Commissioner or Additional Deputy Commissioner shall assist and aid the Commissioner of Police in the performance,exerciseanddischargeofhisfunctions,powers,dutiesand responsibilities. SelectionandtermofofficeoftheCommissionerofPolice Administrator, in consultation with Central Government, shall appoint the Commissioner of Police from amongst the seniormost rank officers ofthePoliceServiceservinginAGMUCadre. The Commissioner of Police so appointed shall have minimum tenure of twoyearsirrespectiveofhisnormaldateofsuperannuation: Provided that the Commissioner of Police may be removed from the post before the expiry of his tenure by the Administrator in consultation with Central Government through a written order specifying reasons, consequentupon: (a) conviction by a Court of law in a criminal offence or where changes have been framed by a Court in a case involving corruption or moral turpitude;or (b) punishment of dismissal, removal or compulsory retirement from service or of reduction to a lower post, awarded under the provision oftheAllIndiaServices(DisciplineandAppeal)Rules19oranyother relevantrules;or (c) suspensionfromserviceinaccordancewiththeprovisionsofthesaid rules;and (d) incapacitation by physical or mental illness or otherwise becoming unabletodischargehisfunctionsastheCommissionerofPolice;or (e) promotion to a higher post under either the State or the Central Government,subjecttotheofficersconsenttosuchapositing.

(3)

6. (1)

(2)

7. (1)

AppointmentofLegalAdvisorsandFinancialAdvisor The Administrator shall provide such numbers of Legal Advisors and Financial Advisors to aid and advise the Commissioner of Police on legal andfinancialmattersrespectively. The Administrator may also provide in every District Police Unit one or more Legal Advisors to advise the police on legal issues and matters including the adequacy or otherwise of the available evidence as deemednecessaryinvariouscasesinvestigatedbythem. Appointmentofofficersat(1)and(2)aboveshallbemadeinaccordance withtherulesprescribed. CreationofRanges TheAdministrator, inconsultationwiththeCommissionerofPolice,may by notification create as may Police Ranges as deemed necessary. Each Range, consisting of two or more Police Districts, shall be headed by an officer of the rank of Additional Commissioner of Police or above who shallsupervisethepoliceadministrationoftheRangeandreportdirectly totheCommissionerofPolice.

(2)

(3) 8.

9.

PoliceDistrict TheAdministrator, inconsultationwiththeCommissionerofPolice,may by notification declare any area within the State to be a Police District. Theadministrationofthepolicethroughoutsuchdistrictshallvestinthe Deputy Commissioner of Police who may be assisted by as many Additional Deputy Commissioners of Police as deemed necessary and arenotified. DistrictlevelSpecialCells,SubDivisionsandCircles For the purpose of dealing with a particular category of crime or providing better service to the community at large including victims of crime, Administrator may, in consultation with Commissioner of Police and by notification, create one or more Special Cells in each Police District, to be headed by an officer of the rank of Additional Deputy CommissionerofPolice/AssistantCommissionerofPolice. TheAdministrator,may,inconsultationwithCommissionerofPolice,by notification divide each Police District into as many SubDivisions as

10. (1)

(2)

deemed necessary, to be headed by an officer of the rank of Assistant CommissionerofPolice. (3) The Administrator, in consultation with Commissioner of Police, may by notification divide each Police SubDivision into two or more Circles, each headed by an officer of the rank of Inspector of Police. Two or more Police Stations may be assigned to a Police Circle for the purpose ofcontrolandsupervision PoliceStations

11.

(1)TheAdministratormay,inconsultationwiththeCommissionerofPoliceand by notification, create as many Police Stations with as many outposts as necessary,inaPoliceDistrictasdeemednecessary,dulykeepinginviewthe population, the area, the crime situation, the workload in terms of law and order and the distances to be traversed by the inhabitants to reach the PoliceStation. (2)A Police Station shall be headed by a Station House Officer not below the rankofSubInspectorofPolice. Provided that larger Police Stations may be placed under the supervisionofofficeroftherankofInspectorofPolice. (3)Each police Station shall prominently display all the relevant information required to be made public, including guidelines and directions, as also departmental orders on arrest, and the details regarding the persons arrestedandheldinlockups. 12. (1) Termsofofficeofkeypolicefunctionaries Police officers on operational duties in the field like Joint/Additional Commissioner ofPoliceincharge ofRange or Deputy Commissioner of Police incharge District or Station House Officer incharge of a Police StationoranOfficerinchargeofPoliceCircleorSubDivisionshallhave atermofminimumoftwoyears Provided that any such officer may be removed from his post beforetheexpiryoftheminimumtenureoftwoyearsconsequentupon: (a) Promotiontoahigherpost;or (b) Conviction,orchargeshavingbeenframed,byacourtoflawin acriminaloffence;or

(2)

(c) Punishment of dismissal, removal, discharge or compulsory retirement from service or of reduction to a lower rank awardedundertherelevantDiscipline&AppealRules;or (d) Suspension from service in accordance with the provisions of thesaidRules;or (e) incapacitation by physical or mental illness or otherwise becomingunabletodischargehisfunctionsandduties;or (f) the need to fill up a vacancy caused by promotion, transfer or retirement In exceptional cases, an officer may be removed from his post by the competent authority before the expiry of his tenure for gross inefficiency and negligence or where a prima facie case of a serious natureisestablishedafterapreliminaryenquiry: Provided that in all such cases, the competent authority shall reportinwritingthematterwithalldetailstothenexthigherauthorityas well as to the Commissioner of Police. It shall be open to the aggrieved officer,aftercomplyingwiththeorder,tosubmitarepresentationagainst his premature removal to the Police Establishment Committee, which shall consider the same on merit and recommend due course of action to thecompetentauthority.

Explanation: Competent authority means an officer authorised to order transfersandpostingsfortherankconcerned. 13. (1) RailwayPolice The Administrator, in consultation with Commissioner of Police, may by notification in the Official Gazette, create one or more special police districts embracing such railway areas in the State as it may specify, and appoint a Deputy Commissioner of Police, one or more Additional and Deputy Commissioners of Police and such other police officers for each suchspecialdistrictasitmaydeemfit. SubjecttothecontroloftheCommissionerofPolice,suchpoliceofficers shall discharge police functions connected with the administration of railways situated within their respective charges, and such other functionsastheCommissionerofPolicemayfromtimetotimeassignto them.

(2)

10

(3)

Any police officer whom the Administrator may by general or special order empower to act under the subsection, may, subject to any order made in this behalf, exercise within the special district or any part thereof any of the powers of an officerincharge of a Police Station in that district. While exercising such powers he shall, subject to any such order as aforesaid, be deemed to be an officerincharge of the Police Station discharging the functions of such officer within the limits of his Station. Subject to any general or special orders which the Administrator may make in this behalf, such police officers shall, in the discharge of their functions be vested within every part of the state, with the powers and privileges and subject tothe liabilities of police officersunderthisAct or anyotherlawforthetimebeinginforce.

(4)

14. StateIntelligenceDepartment (1) (2) There shall be a State Intelligence Department for collection, collation, analysisanddisseminationofIntelligence. The Administrator, in consultation with Commissioner of Police, shall appointapoliceofficeroforabovetherankofAdditionalCommissioner ofPolicetoheadtheaforesaiddepartments. The State Intelligence Department may have specialised wings, to deal with and coordinate specialised tasks such as measures for counter terrorism,countermilitancyandVIPSecurity. The Administrator in consultation with Commissioner of Police shall appoint by rules prescribed under this Act, an appropriate number of officers from different ranks to serve in the State Intelligence Department, as deemed appropriate with due regard to the volume and varietyoftaskstobehandled. CrimeInvestigationCells The Administrator shall ensure that in all the Police Stations, a Special Crime Investigation Unit, headed by an officer not below the rank of SubInspector of Police is created with an appropriate strength of officers and staff, for the investigating economic and heinous crimes. Thepersonnelpostedtothisunitshallnotbedivertedtoanyotherduty, except under very special circumstances with the written permission of theCommissionerofPolice.

(3)

(4)

15. (1)

11

(2)

(a) The officers posted to the special crime investigating units will investigate crimes such as murder, kidnapping, rape, dacoity, robbery, dowryrelated offences, serious cases of cheating, misappropriation and other economic offences, as notified by the Commissioner of Police besides any other cases specially entrusted to the unit by the Deputy CommissionerofPolice. (b) All other crimes will be investigated by other staff posted in such Policestations. The investigations of cases taken up by the Special Crime Investigation Unit personnel, over and above the supervision of the Station House Officer concerned, will be supervised at the district level by an officer not below the rank of Additional Deputy Commissioner of Police, who willreportdirectlytotheDeputyCommissionerofPolice. At all the headquarters of each Police District, one or more Special Investigation Cells will be created, with the requisite strength of officers and staff, to take up investigation of offences of a more serious nature andothercomplexcrimes,includingeconomiccrimes. There shall be a Criminal Investigation Department for investigation of interstate, interdistrict crimes or other specified offences of serious nature, as notified by the Administrator in consultation with Commissioner of Police from time to time, and as may be specifically entrusted to it by the Commissioner of Police in accordance with the prescribedproceduresandnorms. The Criminal investigation Department will have specialised units for investigation of cyber crime, organised crime, homicide cases, economic offences, and any other category of offences, as notified by the Administrator in consultation with Commissioner of Police and which requirespecialisedinvestigativeskills. The officers posted in Special Crime Investigation Units will be selected on the basis of their aptitude, professional competence and integrity. Their professional skills will be upgraded, from time to time, through specialised training in investigative techniques, particularly in the application of scientific aids to investigation and forensic science techniques.

(3)

(4)

(5)

(6)

(7)

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(8)

Officers posted to Special Crime Investigation Units will normally have a minimumtenureoftwoyearsafterwhichtheywillberotatedtolawand orderandotherassignments. The Criminal Investigation Department will be provided with an appropriatenumberoflegaladvisorsandcrimeanalyststoguide,advise andassisttheinvestigatingofficers.

(9)

(10) The Crime Investigation Units in Police Station, the Specialised Investigation Cells at the district level and the Criminal Investigation Department shall be equipped with adequate facilities of scientific aids to investigation and forensic science including qualified and trained manpower, in accordance with the guidelines, if any, issued in this regard by the Directorate of Forensic Science or the Bureau of Police ResearchandDevelopmentoftheGovernmentofIndia. (11) TheAdministratormay,inconsultationwithCommissionerofPolice (a) create a special desk in each Police Station, and one or more specialised units at the Commissionerate level, for dealing with crimes against women and children and the tasks relating to administration of special legislationoncrimesinvolvingwomenandchildren;or (b) create appropriate cells to deal with crimes relating to senior citizens andtourists;and 16. (1) TechnicalandSupportServices The Administrator, in consultation with Commissioner of Police, shall create&maintain: such ancillary technical agencies and services under the overall control oftheCommissionerofPolice,asconsiderednecessaryorexpedientfor promotingefficiencyofthePoliceService. The services so created shall include fullfledged Forensic Science Laboratories/ Stateoftheart Mobile Forensic Science Units with appropriate equipment and scientific manpower, in keeping with the guidelines laid down by the Directorate of Forensic Science or the BureauofPoliceResearchandDevelopmentoftheGovernmentofIndia. There may be a Directorate of Police Telecommunications, headed by not below the rank of Deputy Commissioner of Police and as many

(2)

(3)

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(4)

(5)

Additional Deputy Commissioners/Assistant Commissioners of Police deemednecessarytoassistthem. There may be a Directorate of Police Transport, headed by not below the rank of Deputy Commissioner of Police and as many Additional Deputy Commissioners of Police and Assistant Commissioners of Police asdeemednecessarytoassistthem. The Commissioner of Police shall ensure regular maintenance of all the needed equipment and regular replenishment of consumables for the forensic laboratories Police Telecommunications and the Police TransportServices. EmergencyResponseSystem

17.

The Administrator may establish a wellequipped Control Room with adequate communication facilities, dedicated network of patrol vehicles and other necessary wherewithal. The Control Room should be in a state of preparednesstomeetanyemergencysituationwithutmostspeedandhighest efficiency. The Commissioner of Police shall prepare, and regularly update, comprehensive schemes for riot control and disaster management, inter alia, inaccordancewiththedirections,ifany,oftheCentralGovernment. 18. (1) Training The Administrator shall establish a fullfledged Police Training Academy at the state level and as many fully equipped Police Training Colleges and Schools as deemed necessary for ensuring efficient postinduction training of all directlyrecruited police personnel in various ranks, pre promotion training for all those promoted to higher levels and such thematic and specialised inservice training courses for police personnel of different ranks and categories as deemed necessary from time to time. The Administrator in consultations with Commissioner of Police may appoint by prescribed rules, any police officer not below the rank of Joint Commissioner of Police to be the Director of the State Police Academy, and an officer not below the rank of Additional Commissioner

(2)

14

of Police to head each Police Training College and an officer not below the rank of Deputy Commissioner of Police the Principal of each Police TrainingSchool. (3) The Administrator, in consultation with Commissioner of Police, shall also provide for appointment, by rules prescribed, of appropriate number of officers from the Police Service, in such Police Training Academy, College(s) and Schools, after careful selection having due regard to aptitude, academic qualifications, professional competence, experienceandintegrity.TheStateGovernmentshallevolveaschemeof monetary and other incentives to attract and retain the best of the available talent in the Police Service to the faculties of such training institutions. The Administrator, in consultation with Commissioner of Police, shall also ensure appointment of persons with academic accomplishments in thefieldsoflaw,sociology,psychology,criminology,forensicscienceand other academic subjects relevant to police profession to the permanent facultypositionsinthesetraininginstitutions. OrganisationofResearch&Development The Administrator, in consultation with Commissioner of Police, may set up such bodies and take up such other steps as considered necessary or expedient for the purpose of undertaking research into matters relating totheefficiencyofthePoliceService. The Administrator may establish a State Bureau of Police Research & Development with provision for appropriate staff, funds and other resources to regularly undertake research and analysis on all such subjects and issues which may lead to improvement in the standards of policefunctioningandperformance. The tasks of the State Bureau of Police Research & Development shall include: preparation of fiveyear Perspective Plans to modernise and upgrade police infrastructure with the objective of enhancing the professional competence and efficient management of the Police Service. This Plan shall cover mobility, weaponry, communication, training, forensic infrastructure, equipments and protective gears, official and residential

(4)

19. (1)

(2)

(a)

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accommodation, and any other subject which may have a bearing on qualitativeimprovementinpolicing. (b) keeping abreast of the latest equipment and innovative technologies successfully introduced by other police organisations within the country or abroad, and assessing the adaptability or otherwise of such equipment and technologies by the state police. These may include new products, arms and ammunition, riot control equipment, traffic control equipment, police transport, and various scientific and electronic equipments useful for scientific aids to investigation or other policing tasks; liasing and coordinating with the Bureau of Police Research and Development of Government of India, the academia, reputed scientific organisations, institutions and laboratories and private sector undertakingsonrelevantmatters; studying specific and developing problems of policing in the state with theobjectiveofevolvingsolutionsandremedialmeasures; examining the prevalent system of policing and suggesting structural, institutional,and other changes that needto beintroduced inthe police tomakeitsfunctioningmoreefficientandresponsive;and concurrently evaluating and documenting the impact of modernisation and training policies of the state police and reporting its findings to the CommissionerofPolice.

(c)

(d) (e)

(f)

20. Oathoraffirmationbypolicepersonnel Every member of the Police Services enrolled under this Act shall, on appointment andcompletion of training,makeandsubscribe before the Commissioner of Police or another officer appointed in that behalf by himasthecasemaybe,anoathoraffirmation,asprescribed. 21. (1) Certificateofappointment Every police officer of or below the rank of Inspector shall on appointment receive an insignia and a certificate in the form as prescribed. The certificate shall be issued under the hand the seal of suchofficerastheAdministratormaybygeneralorspecialorderdirect. The certificate of appointment shall become null and void, and the insignia shall be deemed to be withdrawn whenever the person named

(2)

16

thereinceasestobelongtothePoliceServiceorshallremaininoperative duringtheperiodsuchpersonissuspendedfromtheservice. 22. (1) SpecialPoliceOfficers The Deputy Commissioner of Police or any officer, specially empowered in this behalf by the Commissioner of Police may, at any time by a writtenorderissuedunderthehandandsealofsuchofficer,appoint,for a period as specified in the appointment order, any ablebodied and willing person between the age of 18 and 50 years, whom he considers fittobeaSpecialPoliceOfficertoassistthePoliceService. EverySpecialPoliceofficersoappointedshall: (a) on appointment, undergo prescribed training and thereafter receive a certificate in a form approved by the Administrator in this behalf, and (b) shall have the same powers, privileges and immunities and be liable to the same duties and responsibilities and be subject to the same authoritiesasanordinarypoliceofficer.

(2)

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ChapterIII ThePrimaryRanksinCivilPolice
23. (1) The rank structure of group C posts in the Civil Police, in the ascending order, shall consist of Civil Police Officer Grade II, Civil Police Officer GradeI,SubInspectorandInspector. The direct recruitment to Group C posts in the Civil Police ,other than intheministerialandtechnicalcadres,afterthecomingintoforceofthis Act, shall be made only to the ranks of Civil Police Grade II and Sub Inspector Provided that the quota for direct recruitment to these two ranks shall be so fixed as to provide a fair balance between the different ranksandprospectsforpromotiontoeligibleandmeritoriousofficerat eachlevelwithinaperiodof8to10years. (3) The recruitments shall be made through the Police Recruitment Board provideSection4(2)underchapterIIthroughatransparentprocess.The recruitment standards, qualifications and the details of procedure including written tests, physical and medical fitness tests shall be as prescribedbyrules. Service Conditions of primary Ranks of the Civil Police Service shall be as prescribedbyrules. The Commissioner of Police with the approval of the Central Government shall try to outsource as many noncore police functions as possible to enable police officers to concentrate on some police functions. RankstructureattheprimarylevelsofCivilPolice

(2)

(4) (5)

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ChapterIV ArmedPoliceUnits
24. To assist the civil police promptly and efficiently in dealing with group protestsandviolentdisturbancesinvolvingbreachesofpeaceorlawand order, and in disaster management functions, as well as to discharge suchdutiesasrequirethepresenceofarmedpolice,theAdministrator, in consultation with Central Government, shall create Armed Police Units with appropriate manpower strengths in the form of an Armed Police Reserve for each Police District, and appropriate number of Armed Police Battalions for the State, including provision of woman units. The Armed Police Battalions will be statelevel reserve, to be deployed underspecificordersoftheCommissionerofPolice,toaidandassistthe civil police in dealing with virulent and widespread problems of public disorder or other forms of violence, needing deployment of armed policebeyondtheresourcesofthedistrictpolice. The District Armed Reserve, which will function under the control, direction and supervision of the Deputy Commissioner of Police shall be the armed wing of the District Police to deal with an emergent law and order problem or any violent situation in the District, and for providing security guards or escort of violent prisoners, or such other duties as maybeprescribed.

25

26.

27. The duties of the head of the Armed Police Battalions setup, the Commandant, Deputy Commandants, Assistant Commandants, Reserve Inspectors of the Service and the Headquarters Companies shall be as prescribedbytheCommissionerofPolicefromtimetotime. 28. Recruitment

The direct recruitment to the District Armed Reserves and the Armed PoliceBattalions,otherthanintheministerialandtechnicalcadres,shallbe limited to the ranks of Constable, Reserve SubInspector and shall be made through the Police Recruitment Board provided for in Section 4(2) under Chapter II, through a transparent process. The recruitment standards,

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qualifications and the details of procedure including written tests, physical andmedicalfitnesstestsshallbeasprescribedbyrules. 29. The Administrator, in consultation with Central Government, may establish such special armed police units, including special riot control squads, for meeting diverse requirements of riot or mob control, disastermanagementandVIPSecurity,asnecessary,andprovideforthe requisite equipment, and training consistent with human rights standards,forsuchunits. Training Besides the initial training of new recruits in the District Armed Reserve and the State Armed Police Battalions, it shall also be ensured that all ranksintheseunitsundergoanannualrefreshertrainingprogramme,by rotation, overandabovespecialisedtraining in differentskills asneeded by different categories. To achieve this, appropriate strengths of TrainingReserveswillbecreatedinDistrictArmedReservesetup. The curricula for the initial as well as the annual refresher training courses, besidesphysical skillsand fitness, shall laydueemphasis on the knowledge of constitutional and legal rights of the citizens as well skills relating to individual and collective interaction with the public, with specialemphasisoncourteousandimpartialbehaviour. The content and methodology of the annual refresher training courses as well as the other specialised courses for the personnel of the District ArmedReservesandtheStateArmedPoliceBattalionsshallbereviewed and revised from time to time by the officer heading the State Armed Police Battalion setup, in consultation with the Training Wing of the police,andundertheoverallguidanceoftheCommissionerofPolice. Deployment The deployment of units and subunits of the District Armed Reserves and the State Armed Police Battalions shall be strictly restricted to only those situations where such deployment is considered absolutely necessary. The deployment shall be made for a fixed period, as specified in the order, and unless the same is extended by a specific order, the force shallreturntoitsheadquarters,ontheexpiryoftheinitialperiod.

30 (1)

(2)

(3)

31. (1)

(2)

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(3)

Itshallbetheduty,inthecaseofDistrictArmedReserves,oftheDeputy Commissioner of Police and that of the head of the Armed Police Battalion setup of the state in respect of the Battalion personnel, to ensure that the personnel of these armed units are deployed in a manner that ensures their regular training and constant preparedness for their tasks, as also a fair rotation of duty between the various sub unitsoftheReserveoraBattalion. AdequacyofArms,EquipmentandAccoutrement The adequacy of arms, equipment and accoutrement for each Battalion as well as the District Armed Reserves shall be assessed and ensured regularly on an annual basis by the officer heading the State Armed Police Battalions setup, in terms of the type, quality and quantities of eachsuchitemneededforeachunit.

32.

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ChapterV SuperintendenceandAdministrationofPolice
33. (1) SuperintendenceofstatepolicetovestintheAdministrator It shall be the responsibility of the Administrator to ensure an efficient, effective, responsive and accountable Police Service for the entire state. For this purpose, the power of superintendence of the Police Service shall vest in and be exercised by the Administrator in accordance with theprovisionsofthisAct. Provided the Administrator shall consult Central Government before issuing any direction, regulation etc., which involves any additionalfinancialcommitment. The Administrator shall exercise its superintendence over the police in such manner and to such an extent as to promote the professional efficiency of the police and ensure that its performance is at all times in accordance with the law. This shall be achieved through laying down policies and guidelines, setting standards for quality policing, facilitating their implementation and ensuring that the police performs its task in a professionalmannerandfunctionalautonomy. SecurityCommission The Administrator shall, within six months of the coming into force of this Act, establish a Security Commission to exercise the functions assignedtoitundertheprovisionsofthisChapter. CompositionoftheCommission TheSecurityCommissionshallhaveasitsmembers: (a) (b) (c) (d) (e) AdministratorasitsChairperson. ChiefMinister. AmemberofSHRCasnominatedbyChairperson ChiefSecretary,Delhi HomeSecretary,Delhi

(2)

34.

35. (1)

22

(f) (g) (h)

JointSecretary(MinistryofHomeAffairs) CommissionerofPolice,DelhiMemberSecretary 3 nonpolitical persons of proven reputation for integrity and competence (hereinafter referred to as Independent Members) from the fields of academia, law, public administration, media or NGOs,tobeappointedbytheChairperson.

(2)

The composition of the Commission shall reflect adequate gender and minority representation, and will have not less than two women as members No serving government employee shall be appointed as an Independent Member. Any Vacancy in the Security Commission shall be filled up as soon as practicable, but not later than three months after the seat has fallen vacant. GroundsofIneligibilityforIndependentMembers

(3) (4)

36.

NopersonshallbeappointedasanIndependentMemberoftheSecurity Commissionifhe: (a) isnotacitizenofIndia;or (b) has been convicted by a court of law or against whom charges have beenframedinaCourtoflaw;or (c) has been dismissed or removed from service or compulsorily retired on thegroundsofcorruptionormisconduct;or (d) holds an elected office, including that of Member of Parliament or State Legislatureoralocalbody,orisanofficebearerofanypoliticalpartyor anyorganisationconnectedwithapoliticalparty;or (e) isofunsoundmind. 37. TermofofficeofIndependentMembers A person shall be appointed as an Independent Member for a period of three years. The same person shall not be appointed for more than two consecutiveterms.

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38. (1) RemovalofIndependentMembers An Independent Member may be removed from the Commission by a twothirds majority of members of the Commission on any of the followinggrounds: provenincompetence;or provenmisbehaviour;or failure to attend three consecutive meetings of the State Police Board withoutsufficientcause;or incapacitationbyreasonsofphysicalormentalinfirmityorotherwise becomingunabletodischargehisfunctionsasamember. Inaddition,anIndependentMembershallberemovedfromtheSecurity Commission if he incurs any of the grounds of ineligibility specified underSection36. The Commission shall explicitly state in writing the grounds for such removal. FunctionsoftheSecurityCommission TheSecurityCommissionshallperformthefollowingfunctions: (a) frame broad policy guidelines for promoting efficient, effective responsiveandaccountablepolicing,inaccordancewiththelaw; (b) identify performance indicators to evaluate the functioning of the Police Service. These indicators shall, inter alia, include: operational efficiency, public satisfaction, victim satisfaction visavis police investigation and response, accountability, optimum utilisation of resources,andobservanceofhumanrightsstandards;and (c) reviewand evaluateorganisational performanceofthePoliceService in the state as a whole as well as districtwise against (i) the Annual Plan (ii) performance indicators as identified and laid down, and (iii) resourcesavailablewithandconstraintsofthepolice. 39(b) Protectionofactiontakeningoodfaith No suit or other legal proceeding shall lie against the Security Commission, its members and staff or any person acting under the direction of

(a) (b) (c) (d) (2)

(3) 39.

24

the Commission in respect of anything which is in good faith done or intended tobedoneinpursuanceoftheprovisionsofthisChapter. 40. ExpenseoftheSecurityCommission The expenses on account of remuneration, allowances and travel in connection with official business of the Commission, in respect of the Independent Members of the Board shall be separately earmarked by DelhiPolice. 41. (1) AnnualreportoftheSecurityCommission The Commission shall, at the end of each year, present to the Central Government a report on its work during the preceding year as well on theevaluationofperformanceofthePoliceService. The Central Government shall lay the Annual Report before both the houses of Parliament in the budget session. The Annual Report shall be madeeasilyaccessibletothepublic. AdministrationofPoliceService The administration of the Police Service shall be vested in the CommissionerofPoliceandinsuchSpecialCommissionerofPolice,Joint Commissioner of Police, Additional Commissioner of Police and other officersasappointedunderthisAct. The administration of police in a district shall vest in the Deputy CommissionerofPolice. Administration will mean the management of the Police Service, subject to law, rules and regulations, and will include framing of regulations, supervising the functioning of the police at all levels; appointment to subordinate ranks of the Service, deployment of the police personnel, posting, transfers, and the requisite disciplinary action up to and including the rank of Inspector of Police, and advising the Administrator on the placement of officers of and above the rank of Assistant CommissionerofPolice. Provided that the Administrator may intervene in the exercise of thepowersofadministrationbytheCommissionerofPoliceoranyother authorised officer only in accordance with the prescribed rules,

(2)

42. (1)

(2) (3)

25

regulations or in exceptional circumstances involving urgent public interest,reasonsforwhichshallberecordedinwriting. 43. PowersandresponsibilitiesoftheCommissionerofPolice As head of the Police Service, it shall be the responsibility of the CommissionerofPoliceto: (a) operationalisethepolicies,andtheAnnualPlanpreparedforpolicing. (b) administer, control and supervise the Police Service to ensure its efficiency,effectiveness,responsivenessandaccountability. 44. (1) PoliceEstablishmentCommittee The Administrator shall constitute a Police Establishment Committee (hereinafter referred to as the Establishment Committee) with the Commissioner of Police as its Chairperson and four other seniormost officerswithinthepoliceorganisationofthestateasmembers. TheEstablishmentCommitteeshallacceptandexaminecomplaintsfrom policeofficersaboutbeingsubjectedtoillegalorders.TheEstablishment Committee shall make appropriate recommendation to the CommissionerofPolicefornecessaryaction. The Establishment Committee shall recommend names of suitable officers to the Administrator for posting to all the positions in the ranks ofAssistantCommissionerofPoliceandaboveinthepoliceorganisation of the state, excluding the Commissioner of Police. The Administrator shall ordinarily accept these recommendations, and if it disagrees with anysuchrecommendation,itshallrecordreasonsfordisagreement. TheEstablishmentCommitteeshallalsoconsiderandrecommendtothe Commissioner of Police the names of officers of the ranks of Sub Inspector and Inspector for posting to a Police Range on initial appointment, or for transfer from one Police Range to another, where suchtransferisconsideredexpedientforthePoliceService. Interdistricttransferandpostingsofnongazetted ranks,withinaPolice Range, shall be decided by the Joint/Additional Commissioner of Police as competent authority, on the recommendation of a Committee comprisingalltheDeputyCommissionersoftheRange.

(2)

(3)

(4)

(5)

26

(6)

Postings and transfers of nongazetted police officers within a Police District shall be decided by the Deputy Commissioner of Police, as competent authority, on the recommendation of a Districtlevel Committee in which all Additional Deputy Commissioner of Police & Assistant Commissioner of Police of Police posted in the District shall be members. No authority other than the authority having power under this Act to ordertransfershallissueanytransferorder. Procedureforpromotionofpoliceofficers Promotion to each rank in the Police Service shall be based on merit, which would include seniority, to be evaluated through the result of a qualifying examination and performance evaluation in respect of each officer. The Commissioner of Police shall, with the approval of the Administratorframetheevaluationcriteriaforeachrankandcategoryof policepersonnel. Provided that for the officers of the Indian Police Service/DANIPS, suchevaluationcriteriashallbeasframedbytheCentralGovernment.

(7) 45.

46. (1)

TrainingcumEducationPolicyforthepolice. The Administrator, in consultation with Commissioner of Police, shall lay down a TrainingcumEducation Policy covering all ranks and categories of police personnel. The Policy shall ensure that all police personnel are adequately trained to perform their job taking due care of proper attitudinal development, and shall be linked to career development schemeofpolicepersonnelindifferentranksandcategories. Thepolicyshallalsoaimtopromoteaservicecultureofpolicepersonnel acquiringappropriateeducationalandprofessionalqualificationsasthey advanceintheircareers. In upgrading training infrastructure as well as the content and methodologies of training courses, the training institutions shall take maximum advantage of the standards and practices evolved or guidelines issued by organisationssuch asthe BureauofPoliceResearch & Development of Government of India, and the National Police Academy.

(2)

(3)

27

47. (1)

Financialmanagement The Commissioner of Police shall be responsible for submitting the budgetary requirements of the Police Service as a whole to the Administrator,sufficientlyinadvanceintheprecedingfinancialyear. The budgetary requirements shall be carefully worked out on the basis of realistic needs of each branch, wing, unit and subunit of the Police Service,obtainedfromtheunitofficersconcerned. The budgetary allocations shall be placed at the disposal of the Commissioner of Police who shall be vested with full powers to spend theamountsearmarked undereach headoftheBudgetAccount subject to the provisions contained in the General Financial Rules, Delegation ofFinancialRulesandtheinstructionsissuedbytheMinistryofFinance fromtimetotime. In order to meet different kinds of contingency expenditure, sufficient imprest money shall be provided to police stations and other police units, the amount of which shall be reviewed and revised from time to time,aspertheexigenciesofcircumstances.

(2)

(3)

(4)

28

ChapterVI Role,Functions,DutiesandResponsibilitiesofthePolice
48. (a) (b) (c) Role,functionsanddutiesofthePolice Theroleandfunctionsofthepoliceshallbroadlybe: to uphold and enforce the law, impartially, and to protect life, liberty, property,humanrights,anddignityofthemembersofthepublic; topromoteandpreservepublicorder; to protect internal security, to prevent and control terrorist activities, breaches of communal harmony, militant activities and other situations affectingInternalSecurity; to protect public properties including roads, railways, bridges, vital installations and establishments etc. against acts of vandalism, violence oranykindofattack; to prevent crimes, and reduce the opportunities for the commission of crimes through their own preventive action and measures as well as by aiding and cooperating with other relevant agencies in implementing duemeasuresforpreventionofcrimes; to accurately register all complaints brought to them by a complainant or his representative, in person or received by post, email or other means, and take prompt followup action thereon, after duly acknowledgingthereceiptofthecomplaint; to register and investigate all cognizable offences coming to their notice through such complaints or otherwise, duly supplying a copy of the First Information Report to the complainant, and where appropriate, to apprehend the offenders, and extend requisite assistance in the prosecutionofoffenders; tocreateandmaintainafeelingofsecurity inthecommunity,andasfar aspossiblepreventconflictsandpromoteunity;

(d)

(e)

(f)

(g)

(h)

29

(i)

to provide, as first responders, all possible help to people in situations arising out of natural or manmade disasters, and to provide active assistancetootheragenciesinreliefandrehabilitationmeasures; to aid individual, who are in danger of physical harm to their person or property, and to provide necessary help and afford relief to people in distresssituations; to facilitate orderly movement of people and vehicles, and to control andregulatetrafficonroadsandhighways; to collect intelligence relating to matters affecting public peace, and all kind of crimes including social offences, communalism, extremism, terrorism and other matters relating to national security, and disseminate the same to all concerned agencies, besides acting, as appropriateonitthemselves;

(j)

(k) (l)

(m) totakecharge,asapoliceofficeronduty,ofallunclaimedpropertyand take action for their safe custody and disposal in accordance with the procedureprescribed. 49. (a) (b) Socialresponsibilitiesofthepolice Everypoliceofficershall: behavewiththemembersofthepublicwithduecourtesyanddecorum, particularlysoindealingwithseniorcitizens,women,andchildren; guide and assist members of the public, particularly senior citizens, women, children, the poor and indigent and the physically or mentally challenged individuals, who are found in helpless condition on the streetsorotherpublicplacesorotherwiseneedhelpandprotection; provideallrequisiteassistancetovictimsofcrimeandofroadaccidents, and in particular ensure that they are given prompt medical aid, irrespective of medicolegal formalities, and facilitate their compensationandotherlegalclaims; ensure that in all situations, especially during conflict between communities, classes, castes and political groups, the conduct of the police is always governed by the principles of impartiality and human rights norms, with special attention to protection of weaker sections includingminorities;

(c)

(d)

30

(e)

prevent harassment of women and children in public places and public transport, including stalking, making objectionable gestures, signs, remarksorharassmentcausedinanyway; render all requisite assistance to the members of the public, particularly women, children, and the poor and indigent persons, against criminal exploitationbyanypersonororganisedgroup;and arrangeforlegallypermissiblesustenanceandsheltertoeverypersonin custody and making known to all such persons provisions of legal aid schemes available from the Government and also inform the authorities concernedinthisregard. Dutiesinemergencysituations TheAdministratormay,bynotificationintheofficialgazette,declareany specified service to be an essential service to the community, for a specified period, which may be extended from time to time, by notification,asnecessary. Upon a declaration being made under subsection (1) and so long it remains in force, it shall be the duty of every police officer to obey any order givenbyany officer superiortohiminconnection withtheservice specifiedinthedeclaration. Seniorpoliceofficerperformingdutiesofasubordinateofficer. A senior police officer may perform any duty assigned by law or by a lawfulordertoanyofficersubordinatetohim,andmayaid,supplement, supersedeorpreventanyactionofthe subordinatebyhisownactionor that of any person lawfully acting under his command or authority, whenever the same shall appear necessary or expedient for giving more complete or convenient effect to the law or for avoiding any infringementthereof. Subject to conditions and limitations as may be specified by the Administrator: the Commissioner of Police shall exercise the powers and duties of a District Magistrate under such provisions of the Code of Criminal Procedure,1973,andsuchotherActs,asmaybespecified;

(f)

(g)

50. (a)

(b)

51.

52.

(a)

31

(b)

any officer subordinate to the Commissioner of Police (not being an officerbelowtherankofAssistantCommissionerofPolice)shallexercise the powers and duties of an Executive Magistrate, under the provisions of the Code of Criminal Procedure, 1973, as may be specified, under the overallcontrolandsupervisionoftheCommissionerofPolice.

ChapterVII Policing
53. Preservationoforderandregulationoftraffic

The Commissioner of Police may, from time to time, make rules and regulations, not inconsistent with this Act, and subject to any Government orders,inrespectofthefollowing: (a) for regulating the use of public roads, streets and public places by persons walking, driving, cycling or accompanying animals, and for parking of vehicles including bicycles, with a view to ensuring smooth andorderlymovementoftraffic; licensing, or regulating, of if necessary in public interest, prohibiting for reasons to be recorded in writing, the keeping of a place of public amusement or public entertainment, or running cinemas and other forms of public amusement or public entertainment, for ensuring the safetyandwellbeingofpersonslikelytobeaffected; licensing, or regulating or, if necessary in public interest, prohibiting the playingofmusicinpublicstreetsorpublicplaces,andtheusingofaloud speaker or any other sound system in any public place, or places of publicentertainment;and regulating the entry or exit at any of public amusement, public entertainment, or at any public meeting or assembly, and providing for themaintenance of public peace and prevention of disturbances at such places. Regulationofpublicassembliesandprocessions:

(b)

(c)

(d)

54.

32

(1)

Any person intending to organise a procession, religious, social, political or otherwise, on any road, street, or thoroughfare, or convene an assembly in any public place, in an area specified in this Chapter, shall giveintimationinwritingtotheofficerinchargeoftheconcernedPolice Station. The Commissioner of Police or any officer not below the rank of Inspector, authorised by the Commissioner of Police, may, on receipt of such intimation or otherwise, give, from time to time, such orders not inconsistent with this Act, about the following, orally or in writing, as maybenecessary: the mode of assembly or passing of any procession, or the conduct, behaviouroractsofmembersofsuchassemblyorprocession; prescribing the routes and the time at which such processions may or maynotpass; preventingobstructionontheoccasionofsuchaprocessionorassembly in the neighbourhood of any place of worship during the time of public worship, and in every case whey any road, street or public place or any placeofpublicresortmaybethrongedorislikelytobeobstructed;or maintaining order on roads, streets, pubic places and all other places wherepublicthrong: Provided that all orders and directions in respect of any processionor assemblyfor which intimation has beenreceived from the organisers, shall be issued, as far as possible, within 48 hours of receipt ofintimation. Preventionofdisorder The Commissioner of Police may, whenever and for such time, as he considers necessary for the preservation of the public peace and safety, by notification, issue an order to the public or to a particular individual ororganisation,prohibitingthefollowing:

(2)

(a)

(b)

(c)

(d)

55.

33

(a) carrying in any public place, or road, street or thoroughfare, fire arms, swords, spears, bludgeons, knives, other offensive weapons, or any explosivematerial; (b) collection or carrying of stones or missiles, or any objects or means of castingmissiles; (c) keeping, carrying along or offering for exhibition any corpses or effigies or other provocative pictures, boards or placards with offensive slogans; and (d) makingaprovocativespeech,gestureoranykindofpublicdisplaywhich is indecent, offensive or explosive, or which is likely to create religious tension or hatred between different communities, group or individuals, orwhichinstigatesdisobedienceoflawfulauthority. 56. Prevention of danger to human life and imminent threat to peace and order The Commissioner of Police or any officer not below the rank of Assistant Commissioner of Police may direct, in the manner as specified, anypersontoabstainfromacertainactortotakeactionwithrespectto any nuclear, biological, chemical or any other dangerous material under hispossessionorcontrol,withaviewtopreventingdangerordamageto humanlifeorproperty,oranimminentthreattopeaceandorder. Securityforkeepingpeaceandorder The Commissioner of Police or any officer of and above the rank of AssistantCommissioner,onreceiptofinformationthataperson: is likely to do any wrongful act that may lead to disturbance of public order;or habitually commits, or attempts to commit, or abets the commission of, the offence of kidnapping, abduction, extortion, cheating or mischief, of anyoffencepunishableunderChapterXIIoftheIndianPenalCode(45of 1860),orunderSection489A,489B,489Cor489DofthatCode;or

57. (1)

(a)

(b)

34

(c)

habitually commits, or attempts to commit, or abets the commission of offencesinvolvingabreachofthepeace;or is so dangerous as to render his being at large hazardous to the community; may require by an order, such person to show cause why he should not be ordered to execute a bond, with or without sureties, for good behaviour in the interest of peace and order in his jurisdiction, for a periodnotexceedingoneyear. Anofficeractingundersubsection(1)shallconducttheproceedingsand issue orders in accordance with the procedure laid down in section 111 to122,and124oftheCodeofCriminalProcedure,1973. Removalofpersonsabouttocommitoffences WheneveritappearstotheCommissionerofPolice: that the movements or acts of any person are causing or are likely to causealarm, dangerorharmto personorproperty,inthe jurisdiction of theCommissionerate,or that there are reasonable grounds for believing that such person is engaged or is about to be engaged in the commission of an offence involving force or violence or an offence punishable under Chapter XII, XVI, XVII or XXII of the Indian Penal Code, 1860 or under Sections 290 or Sections 489A to 489E (both inclusive) of that Code or in the abetment ofanysuchoffence;or thatsuchperson; is so dangerous as to render his being at large in the area of the Commissioneratehazardoustothecommunity;or has been found habitually intimidating other persons by act of violence orbyshowofforce;or habitually commitsaffray orbreachofpeaceorriot,orhabituallymakes forcible collection or money or threatens people for illegal pecuniary gainforhimselforforothers;or

(d)

(2)

58. (1) (a)

(b)

(c) (i) (ii) (iii)

35

(iv)

has been habitually outraging the modesty of, or molesting, women and children,andwitnessesarenotwillingtocomeforwardtogiveevidence in public against such person by reason of apprehension on their part as regards the safety of their person or their family members or their property, the Commissioner of Police may, by order in writing duly served on such person, or through public announcement or other means, as he thinks fit, direct such person to so conduct himself as shall seem necessary in order to prevent violence and alarm or to remove himself outside the area of the Commissionerate by such route and for suchtimeastheCommissionerofPolicemayspecify,andnottoenteror return to the Commissionerate or part thereof, as the case may be from whichhewasdirectedtoremovehimself. Explanation:A personwhoduring a periodwithin one year immediately preceding the commencement of an action under this Section has been found on not less than three occasions to have committed or to have been involved in any of the acts referred to in this section shall be deemedtohavehabituallycommittedthatact. (2) No order under this Section shall be passed without giving a reasonable opportunity of tendering an explanation to the person soughttoberemoved. (3) An order made under this Section shall not exceed the period of twoyears. (4) A person aggrieved for any action taken under this Section may appeal to the State Government within thirty days of passing of the order. (5) The Commissioner of Police may by order permit any person in respect of whom an order has been passed under this Section to enter or return to the area of the Commissionerate for a temporary period as maybespecifiedintheorder. (6) If any person violates an order passed under this Section shall be liabletoimprisonmentforatermnotexceedingsixmonthsandfine. InternalSecuritySchemes The Commissioner of Police shall, with the approval of the Administrator, draw up an Internal Security Scheme for the entire area

59. (1)

36

aswellas foreach of the districts,to dealwith problems ofPublicOrder andSecurityofState,asspecifictothearea. (2) The Internal Security Schemes so formulated shall be reviewed, and revised as necessary, at least once annually and more frequently if required. The Schemes will provide that officers deploying the police to deal with situations of conflict between communities, classes, castes, and political groupsshallensurethatitscomposition,asfaraspossible,reflectssocial diversity of the area including adequate representation of weaker sectionsandminorities. TheInternalSecuritySchemeshall,interalia,covertheroleofthepolice with regard to the security of any establishment or installation relating tocriticalinfrastructure,ifanylocatedinthearea. The Internal Security Schemes will incorporate regularly updated and comprehensive Standard Operating Procedures for the action to be taken by the police, independently or in coordination with other concerned agencies in the period preceding, during, and in the aftermathofproblemsofeachkind.

(3)

(4)

(5)

60. Communityparticipationinpolicing (1) The Commissioner of Police shall ensure involvement of the community in policing by constituting a Citizens Policing Committee, every two years, for each locality or a group of localities or colonies, including slums.TheseCitizensPolicingCommittees,aimedatpromotingpeoples participation in safeguarding their own life and property, should consist of an appropriate number of local residents of the area with unquestionable character, integrity and antecedents, and having commitment to public safety and security. The Citizens Policing Committees shall have a fair representation from all strata and professionsofthesocietyinthearea,asalsoduegenderrepresentation. ThepolicewilltaketheassistanceoftheCitizensPolicingCommitteesin identifying the existing and emerging needs and priorities of policing in the area, besides involving them in working out and implementing policing strategies and action plans, and in the performance of such otherfunctionsasprescribed.

(2)

37

(3)

The police will provide to the public, through the Citizens Policing Committees, at regular intervals, a feedback on the action taken on the identified policing needs, and will also endeavour to create public awareness on policing issues by promoting twoway communication throughtheseCommittees. The meetings of these Committees will be convened, as frequently as deemed necessary, but at least once in every three months. The concerned Assistant Commissioner of Police, besides the officer in chargeofthePoliceStation,shallattendthemeetingsoftheCommittee.

(4)

61. Liaisonandcoordinationwithothergovernmentagencies In order to ensure proper liaison, consultation and coordination betweenthepolice,themunicipalauthorities,thedistrictadministration and such other departments of the government, whose functioning impacts the working of the police, the Administrator by notification, will constitute appropriate coordination machinery and lay down procedures.Thestructureofthemachinerywillbeasnotified. PowerstooperatecertainSpecialActs The Administrator shall assign the enforcement and administration specially of the following Acts as well as other similar Acts, as it deems necessary,totheCommissionerofPolice: (1) PressandRegulationofBooksAct,1867 (2) TheIndianExplosivesAct,1884. (3) TheExplosivesSubstances(Amendment)Act,2001 (4) TheMentalHealthAct,1987. (5) ThePoisonsAct,1919. (6) ThePolice(IncitementtoDisaffection)Act,1922. (7) TheImmoralTrafficPreventionAct,1956. (8) TheArmsAct,1959. (9) ThePreventionofCrueltytoAnimalsAct,1960. (10) TheCinematographAct,1952. (11) TheChildMarriageRestraintAct,1929.

62.

38

ChapterVIII Regulation,ControlandDiscipline
Framingofregulationsforadministrationofpolice 63. SubjecttotheapprovaloftheAdministrator,theCommissionerofPolice shall make regulations or issue orders, not inconsistent with this Act or withanyotherenactmentforthetimebeinginforcefor: preventionandinvestigationofcrime; maintenanceoflawandorder; regulation and inspection of the police organisation, and of the work performedbypoliceofficer; determining the description and quantity of arms, accoutrements, clothingandotherwherewithaltobeprovidedtothePoliceService; prescribingtheplacesofresidenceofmembersofthePoliceService; institution,managementandregulationofanynongovernmentfundfor purposes connected with the police administration or welfare of police personnel; regulation,deployment,movementandlocationofthepolice;

(a) (b) (c) (d) (e) (f)

(g)

(h) assigning duties to officers of all ranks and grades, and prescribing the manner and the conditions subject to which, they shall exercise and performtheirrespectivepowersandduties. (i) (j) (k) regulating the collection and communicating of intelligence and informationbythepolice; prescribing the records registers and forms to be maintained and the returnstobesubmittedbydifferentpoliceunitsandofficers;and generally, for the purpose of rendering the police more efficient, and preventingabuseofpowerandneglectofdutiesbythem.

39

DisciplinaryPenalties 64. (1) SubjecttotheprovisionsofArticle311oftheConstitutionandthe Rules and Regulations made under this Act, an officer of the rank of DeputyCommissionerofPoliceorabovemayawardanyofthefollowing punishment to a police officer of rank for which he is the appointing authority: (a) (b) (c) (d) reductioninrank; compulsoryretirement; removalfromservice;or dismissal

(2) AnypoliceofficeroftherankofDeputyCommissionerofPoliceor above, subject to the rules made in this behalf, may award any of the following punishments toany nongazettedpoliceofficersubordinateto him; (a) (b) (c) (d) (e) reductioninpay; withholdingofincrement; withholdingofpromotion; finenotexceedingonemonthspay;or reprimandorcensure.

(3)

An Assistant Commissioner of Police or any officer of equivalent rank may award the punishment of reprimand or censure to an officer of or belowtherankofSubInspectorofPolice. Any officer of and above the rank of Inspector may award punishments toConstablesandHeadConstables,asprescribed. AnypunishmentmentionedinsubSection(1),(2),(3)or(4),awardedto an officer, will not affect his liability for prosecution for any criminal offence committed by him in the same transaction for which departmental action has led to award of punishment to him for any transgressionofdepartmentalrules.

(4) (5)

40

Suspension 65. (1)A police officer of or above the rank of Deputy Commissioner of Police may place a police officer of the rank of Inspector or below subordinate tohim,undersuspension: (a) (b) where a disciplinary proceeding for award of punishment against him is contemplatedorispending. where in the opinion of the aforesaid authority, there is a prima facie case that such officer has engaged himself in activities prejudicial to the SecurityofStateforwhichanenquiryiscontemplatedorpending;or where in the opinion of the aforesaid authority there is prima facie evidence in respect of any criminal offence under investigation, inquiry ortrial. Every order of suspension passed under this section shall be in writing givingbrieflythereasons. Where an officer is placed under suspension, whether in connection with a disciplinary proceedings or otherwise, and another disciplinary proceeding is ordered against him during the currency of that suspension, the authority competent to place him under suspension may, for reasons to be recorded in writing, direct that the officer shall continue to be under suspension until the completion of all or any of suchproceedings. An order of suspension so made may at any time be revoked or modified, or in any case be reviewed every six months or earlier, suo moto or on a representation made by the officer under suspension, by the authority which made the order or by any authority to which such authorityissubordinate. In case the period of suspension exceeds two years, the case shall be referredtotheSecurityCommissionforappropriatedirections. Suspension orders of officers of subordinate rank shall be made only by police officers above or of the equivalent rank of Deputy Commissioner ofPolice.

(c)

(2) (3)

(4)

(5) 66.

Misconduct

41

67.

A police officer shall, in addition to any other delinquent act or behaviour, as specified in the relevant rules, be liable for disciplinary actionforanyofthefollowingmisconduct: disobedienceoflawfulorders; neglectofduty; insubordinationoranyoppressiveconduct; unauthorisedmalingeringorabsencefromduty; actofcowardice; misuseofauthority;or anyactunbecomingofanofficer.

(a) (b) (c) (d) (e) (f) (g)

Appealsagainstorderofpunishment 68, (a) (b) An appeal against any order of punishment passed against an officer underSection149oranyrulesmadethereunder,shalllie: Where the order is passed by the Commissioner of Police, to the Administrator;and wheretheorderispassedbyanofficersubordinatetotheCommissioner of Police, to the officer next higher in rank in the police hierarchy who passedsuchorder.

Separatesetofrulesforpolicepersonnel 69. The Administrator shall frame the Classification, Control and Appeals Rulesforpolicepersonnel,whichwill,amongotherthings,ensuretimely disposalofdisciplinaryproceedings.

Policeofficersalwaysonduty 70. Every officer not on leave or under suspension shall, for all purpose of this Act, be considered to be always on duty and may at any time be deployedinanypartofthestate. No police officer shall abdicate his duties or withdraw himself from the placeofpostingordeployment,withoutproperauthorisation. Explanation: An officer who, being absent on authorised leave, fails without reasonable cause to report for duty at the expiration of such

71.

42

leave, shall be deemed within the meaning of this Section to withdraw himselffromthedutiesofhisoffice. 72. Nopoliceofficershallengageinanyotheremploymentorofficeofprofit whatsoever,otherthanhisdutiesunderthisAct.

43

ChapterIX PoliceAccountability
73. In addition to the already existing mechanisms, and functions, duties and responsibilities of the departmental authorities, accountability of the police shall be further ensured through the additional mechanism detailedinthischapter. Accountabilityforconduct 74. TheAdministratorshall,withinthreemonthsofthecomingintoeffectof this Act establish a Police Complaint Authority (the Authority) consisting of a Chairperson, Members and such other staff as may be necessary, to inquire into public complaints supported by sworn statement against the police personnel for serious misconduct and performsuchotherfunctionsasstipulatedinthisChapter. CompositionoftheAuthority TheAuthorityshallhavememberswithacrediblerecordofintegrityand commitmenttohumanrightsandshallconsistof:

75.

(a) a retired High Court Judge, who shall be the Chairperson of the Commission; (b) a retired police officer from another state cadre, superannuated in the rankofDirectorGeneralofPolice; (c) a person with a minimum of 10 years of experience either as a judicial officer,publicprosecutor,practicingadvocate,oraprofessoroflaw; (d) apersonofreputeandstandingfromthecivilsociety;and (e) a retired officer with experience in public administration from another state: ProvidedthatatleastonememberoftheAuthorityshallbeawoman andnotmorethanonemembershallbearetiredpoliceofficer. 76. Ineligibilityformembership ApersonshallbeineligibletobeamemberoftheAuthority (a) isnotacitizenofIndia;

44

(b) isabove70yearsofage; (c) isservinginanypolice,militaryoralliedorganisation,orhassoservedin thetwelvemonthsprecedingsuchappointment; (d) isemployedasapublicservant; (e) holdsanyelectedoffice,includingthatofMemberofParliamentorState Legislatureoranylocalbody; (f) is a member of, or is associated in any manner with, an organisation declaredasunlawfulunderanexistinglaw; (g) isanofficebeareroramemberofanypoliticalparty; (h) has beenconvictedforany criminal offence involvingmoral turpitude or foranoffencepunishablewithimprisonmentofoneyearormore; (i) is facing prosecution for any offence mentioned in Subsection(h) above againstwhomchargeshavebeenframedbyacourtoflaw;or (j) isofunsoundmindandhasbeensodeclaredbyacompetentcourt. 77. (1) (a) TermofofficeandconditionsofserviceofmembersandChairperson The term of office of a member, and the Chairperson, shall be three yearsunless; heresignsatanytimebeforetheexpiryofhisterm;or

(b) he is removed from the office on any of the ground mentioned in Section80. (2) Members shall be eligible for reappointment on the expiry of term, provided that no member shall be eligible to hold office for more than twoterms. Theremuneration,allowancesandothertermsandconditionsofservice of the members shall be as notified by the Administrator from time to timeandshallnotbevariedtotheirdisadvantageafterappointment. Removalofmembers Any member of the Authority may be removed from office, on the recommendation of the Authority by an order of the Administrator on thegroundof: provenmisconductormisbehaviour; persistentneglecttoperformdutiesoftheAuthority;

(3)

78. (1)

(a) (b)

45

(c) (d) 79. (1) (2)

occurrence of any situation that would make a member ineligible for appointmenttotheAuthorityunderSection162;or any member engaging himself during his term of office in paid employmentoutsidethedutiesofhisoffice. ThestaffoftheAuthority Members of the Authority shall be assisted by adequate staff with requisiteskills,forefficientdischargeoftheirfunctionsoftheAuthority. The strength of the staff may be prescribed keeping in view the average number of complaints against the police, and shall be periodically reviewedandrevised. The staff shall be provided by the Administrator, inter alia, on a contractualbasis,throughatransparentprocess. The remuneration and other terms and conditions of service of the staff shallbeasprescribedfromtimetotime. Conductofbusiness TheAuthorityshalldeviseitsownrulesfortheconductofthebusiness. FunctionsoftheAuthority The Authority shall inquire into allegations of serious misconduct against police personnel, as detailed below, either suo moto or on a complaintreceivedfromanyofthefollowing: avictimoranypersononhisbehalf; theNationalortheStateHumanRightsCommission; thepolice;or anyothersource. Explanation: Serious misconduct for the purpose of this chapter shall meananyactoromissionofapoliceofficerthatleadstooramountsto: deathinpolicecustody; grievoushurt,asdefinedinSection320oftheIndianPenalCode,1860. rapeorattempttocommitrape;or

(3) (4) 80. 81. (1)

(a) (b) (c) (d) (i) (ii) (iii)

46

(iv)

arrestordetentionwithoutdueprocessoflaw. Provided that the Authority shall inquire into a complaint of such arrestordetention,onlyifitissatisfiedprimefacieabouttheveracityof thecomplaint.

(2)

The Authority may also inquire into any other case referred to it by the Commissioner of Police if, in the opinion of the Authority, the nature of thecasemeritsanindependentinquiry. The Authority may monitor the status of departmental inquiries or departmental action on the complaints of misconduct against gazetted officers of and above the rank of Assistant Commissioner of Police through a quarterly report obtained periodically from the Commissioner of Police, and issue appropriate advice to the police department for expeditious completion or inquiry, if in the Authoritys opinion the departmentalinquiryordepartmentalactionisgettingundulydelayedin anysuchcase. Explanation: Misconduct in this context shall mean any wilful breach or neglect by a police officer of any law, rule, regulation applicable to the police that adversely affects the rights of any member of the public, excluding serious misconduct as defined in subsection (1)

(3)

(4)

The Authority may also call for a report from, and issue appropriate advice for further action or, if necessary, a direction for a fresh inquiry by another officer, to the Commissioner of Police when a complainant, being dissatisfied by the outcome of, or inordinate delay in the process of departmental inquiry into his complaint of misconduct as defined above, by any police officer, brings such matter to the notice of the Authority;and TheAuthoritymaylaydowngeneralguidelinesforthepolicetoprevent misconductonthepartofpolicepersonnel. PowersoftheAuthority In the cases directly enquired by it, the Authority shall have all the powers of a civil court trying a suit under the Code of Civil Procedure, 1908,andinparticularinrespectofthefollowingmatters:

(5) 82. (1)

47

(a) (b) (c) (d) (e) (f) (2)

summoning and enforcing the attendance of witnesses and examining themonoath; discoveryandproductionofanydocument; receivingevidenceonaffidavit; requisitioninganypublicrecordorcopythereoffromanycourtoroffice; issuingauthoritiesfortheexaminationofwitnessesordocuments;and anyothermatterasmaybeprescribed. The Authority shall have the power to require any person, subject to legalprivilege,tofurnishinformationonsuchpointsormattersas,inthe opinion of the Authority, may be useful for, or relevant to, the subject matteroftheinquiry,andanypersonsorequired shallbedeemedtobe legallyboundtofurnishsuchinformationwithinthemeaningofSections 176and177oftheIndianPenalCode,1860. TheAuthorityshallbedeemedtobeacivilcourt,andwhenanyoffence, as defined in Section 175, `76,`79, 180 or 228 of the Indian Penal Code, 1860, is committed in the view or presence of the Authority, the Authoritymay,afterrecordingthefactsconstitutingtheoffenceandthe statement of the accused as provided for in the Code of Criminal Procedure, 1973, forward the case to a Magistrate having jurisdiction to try the same. The Magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case has been forwarded to him under Section 346 of the Code of Criminal Procedure,1973. Every proceeding before the Authority shall be deemed to be a judicial proceeding within the meanings of Sections 193 and 228, and for the purposes of Section 196 of the Indian Penal Code, 1860, the Authority shall be deemed to be a civil court for all the purposes of Section 195 andChapterXXVIoftheCodeofCriminalProcedure,1973. The Authority shall have the power to advise the Administration on measures to ensure protection of witnesses, victims, and their families who mightfact anythreat or harassment for makingthecomplain orfor furnishingevidence.

(3)

(4)

(5)

48

(6)

The Authority may visit any police station, lockup, or any other place of detention used by the police and, if it thinks fit, it may be accompanied byapoliceofficer.

83. StatementsmadetotheAuthority No statement made by a person in the course of giving evidence before the Authority shall subject that person to a civil or criminal proceeding or be used against him in such proceeding, except a prosecution for givingfalseevidence. Providedthatthestatement ismadeinreplytothequestionwhichheisrequiredbythe Authority to answer;or isrelevanttothesubjectmatteroftheinquiry Provided further that on conclusion of the inquiry into a complaint of serious misconduct against the police personnel, if the Authority is satisfied that the complaint was vexatious, frivolous or malafide, the Authority may impose such fine as considered appropriate on the complainant. Personslikelytobeprejudiciallyaffectedtobeheard If, at any state of the inquiry, the Authority considers it necessary to inquire into the conduct of any person, or is of the opinion that the reputation of any person is likely to be prejudicially affected by the inquiry,itshallgivethatpersonareasonableopportunityofbeingheard intheinquiryandtoproduceevidenceinhissupport: Provided that nothing in this section shall apply where the credibilityofawitnessisbeingimpeached. DecisionsandDirectionsoftheAuthority In the cases directly inquired by the Authority, it may, upon completion of the inquiry, communicate its findings to the Commissioner of Police withadirectionto:

(a) (b)

84.

85. (1)

49

(a)

registeraFirstInformationReport,and/or

(b) initiate departmental action based on such findings, duly forwarding the evidence collected by it to the police. Such directions of theAuthorityshallbebinding: ProvidedthattheAuthority,beforefinalisingits ownopinioninall such cases shall give the Commissioner of Police, an opportunity to presentthedepartmentsviewandadditionalfacts,ifany,notalreadyin thenoticeoftheAuthority: Provided further that, in such cases, the Authority may review its findings upon receipt of additional information from the Commissioner ofPolicethatmayhaveamaterialbearingonthecase. The Authority may also recommend to the Administrator payment of monetary compensation to the victims of the subject matter of such an inquiry. ReportsoftheAuthority TheAuthorityshallprepareanannualreportattheendofeachcalendar year,interalia,containing: the number and type of cases of serious misconduct inquired into by it; the number and type of cases of misconduct referred to it by the complainants upon being dissatisfied by the departmental inquiry into hiscomplaint; the number and type of cases including those referred to in (b) above in which advice or direction was issued by it to the police for further action; theidentifiablepatternsofmisconductonthepartofpolicepersonnelin thestate;and recommendationsonmeasurestoenhancepoliceaccountability. The annual report of the Authority shall be laid before the State Legislature in the budget session and shall be a public document, made easilyaccessibletothepublic.

(2)

86. (1) (a) (b)

(c)

(d) (e) (2)

50

(3)

The Authority may also prepare special reports with respect to specific cases directly inquired into by it. These reports shall also be made easily accessibletothepublic.

87. (1) Rightsofthecomplainant The complainant may lodge his complaint relating to any misconduct or serious misconduct on the part of police personnel with the Authority ProvidedthatnocomplaintshallbeentertainedbytheAuthorityif the subject matter of the complaint is being examined by any other commission,oranycourt. (2) In cases where a complainant has lodged a complaint with the police authorities, he may inform the Authority at any stage of the departmental inquiry about any undue delay in the processing of the inquiry. Thecomplainantshall have a right to be informed ofthe progress of the inquiryfromtimetotimebytheinquiringauthority.Uponcompletionof inquiry or departmental proceedings, the complainant shall be informed of the conclusions of the same as well as the final action in the case at theearliest. The complainant may attend all hearing in an inquiry concerning his case. The complainant shall be informed of the date and place of each hearing. All hearing shall be conducted in a language intelligible to the complainant. In a case where hearings cannot be conducted in such a language, the services of an interpreter shall be requisitioned if the complainantsodesires. Where upon the completion of the departmental inquiry, the complainant is dissatisfied with the outcome of the inquiry on the

(3)

(4)

(5)

(6)

51

groundsthatthesaidinquiryviolatedtheprinciplesofnaturaljustice,he mayapproachtheAuthorityforappropriatedirections. 88. (1) Dutyofthepoliceandotherstateagencies All police officers and authorities shall refer all allegations of serious misconduct against police personnel, coming to their notice, to the Authority. It shall be the duty of the heads of the district police and of the state police as well as of any other concerned state agency to provide to the Authority all information they may reasonably require to perform their dutiesprovidedforinthisChapter. InterferencewiththefunctioningoftheAuthority Whoever influences or interferes with the functioning of the Authority, exceptinthecourseoflawfulduty,shall,onconvictionbyacourtoflaw, be liable to a fine or to an imprisonment for a term not exceeding one year,orboth. Explanation: Any threat, coercion or inducement offered to any witness or victim of police misconduct or serious misconduct, shall be deemed to be interference with the functioning of the Authority for the purposesofthisSection. 91. Protectionofactiontakeningoodfaith No suit or other legal proceeding shall lie against the Police Complaint Authority, its members,staff oranypersonacting under thedirection of the Authority in respect of anything which is in good faith done or intendedtobedoneinpursuanceoftheprovisionsofthisChapter. 92. Funding The Administrator shall ensure that adequate funds are provided to the Security Commission and the Police Complaint Authority effective performanceoftheirfunctions.

(2)

89.

52

ChapterX WelfareandGrievanceRedressalMechanismsforPolice Personnel

93. (1) WelfareBureau There shall be a Police Welfare Bureau, (hereinafter referred to as Bureau) headed by an officer not below the rank of Additional CommissionerofPolice,intheofficeofCommissionerofPolicetoadvise and assist him in the implementation of welfare measures for police personnel. The functions and duties of the Bureau shall, inter alia, include administrationandmonitoringofwelfaremeasuresforpolicepersonnel, suchas; health care, particularly in respect of chronic and serious ailments, and including postretirement health care schemes for police personnel and theirdependents;

(2)

(a)

(b) full and liberal medical assistance to police personnel suffering injury in thecourseofperformanceofduty; (c) (d) (e) (f) (g) (3) financialsecurityforthenextofkinofthosedyinginharness; postretirementfinancialsecurity; grouphousing; education and career counselling and training in appropriate skills for dependentsofpoliceofficers;and appropriate legal facilities for defence of police officers facing court proceedingsinmattersrelatingtobonafidedischargeofduty. The Bureau shall have as many members as prescribed, and shall comprise of representatives from all police ranks, it may also include other members in an advisory capacity. The members of the Bureau shallbenominatedbytheCommissionerofPolice.

53

(4) (5)

The Bureau shall lay down norms and policies relating to police welfare andmonitorwelfareactivitiesundertakenbyvariouspoliceunits. The Bureau shall interact with other government departments, public sector undertakings and other organisations to facilitate gainful employment for retired police officers, and for the dependents of police personnel who have laid down their lives in due discharge of their duties. A Police Welfare Fund, under the administration and control of the Bureau, shall be created for the welfare activities and programmes for policepersonnelwhichwillhavetwocomponents. outrightfinancialgrantbytheCentralGovernment;and matchinggrantbytheCentralGovernmenttothecontributionsmadeby thepolicepersonnel,towardsthewelfarefund. GrievanceRedressal The Commissioner of Police shall put in place, a fair, transparent, and participatory grievance redressal mechanism for looking into individual as well as collective grievances of police personnel, which shall be freely receivedandchannelledupwardsfromalllevelsoftheorganisatioin. Thegrievancesthatcannotberedressedbythesaidmechanismshallbe forwarded to the Security Commission which in turn, shall make appropriate recommendations to the authorities concerned Governmentforremedialmeasures.

(6)

(a) (b) 94. (1)

(2)

54

ChapterXI GeneralOffences,PenaltiesandResponsibilities
Orderinstreetsandpublicplaces 95. (1) The Deputy Commissioner of Police or an officer not below the rank of Assistant Commissioner of Police may, where necessary, direct the conduct of all assemblies and processions on any public road, street or thoroughfare, and prescribe the routes by which and the time at which suchaprocessionmaypass. It shall be duty of any person intending to organise a procession on any road, street or thoroughfare, or to convene an assembly at any public place, to give intimation in writing to the officer in charge of the concernedPoliceStation. The Deputy Commissioner of Police of any officer not below the rank of Assistant Commissioner of Police, on receipt of such intimation or otherwise,anduponbeingsatisfiedthatsuchanassemblyorprocession, if allowed without due control and regulation, is likely to cause a breach of peace, may prescribe necessary conditions including making provisionsforsatisfactoryregulatoryarrangements,onwhichalongsuch assembly or procession may take place. Under Special circumstances to be recorded in writing, the concerned officer may also prohibit the assembly or procession in public interest. All orders and directions should be given within 48 hours of receipt of intimation, as far as possible. Assembliesandprocessionsviolatingprescribedconditions The Deputy Commissioner of Police or any Police Officer not below the rank of SubInspector, authorised in this behalf by the Deputy Commissioner of Police, may stop any assembly or procession which violates the conditions set under subsection (1) and (3) of Section 95, andordersuchassemblyorprocessiontodisperse. Regulationofpublicassembliesandprocessions

(2)

(3)

96. (1)

55

(2)

Any assembly or procession which neglects or refuses to obey any order given under subsection (1) above shall be deemed to be an unlawful assemblyunderChapterVIIoftheIndianPenalCode1860. Regulation of the use of music and other sound systems in public places The Deputy Commissioner of Police or any officer not below the rank of Assistant Commissioner of Police may regulate the time and the volume atwhichmusicandothersoundsystemsareusedinconnectionwithany performances and other activities in or near streets or any public place thatcauseannoyancetotheresidentsoftheneighbourhood. Directionstokeeporderonpublicroads The Commissioner of Police or any other Police Officer authorised by him in this behalf, through a general or special order, may give reasonable directions to the public to keep order on public roads and streets, thoroughfares, or any public place, in order to prevent obstructions,injury,orannoyancetopassersbyorpollution The Deputy Commissioner of Police may issue general directions under subSection (1), in respect of the whole district or any part thereof, as perprocedurelaiddowninSection108. Penaltyfordisobeyingordersordirections Any person not obeying the lawful orders issued under Sections 95, 96 and 98 may be arrested and on conviction by a Court of law, shall be liabletoafine.

97.

98. (1)

(2)

99.

100. Powertoreservepublicplacesanderectbarriers. (1) The Deputy Commissioner of Police may, by public notice, temporarily reserve for any public purposes any street or other public place, and prohibit the public from entering the area so reserved, except on such conditionsasmaybespecified. (a) The Deputy Commissioner of Police may authorise any police officer to erect barriers and other necessary structures on public roads and streets, to check vehicles or occupants there of for violation of any legalprovisionsbythem.

(2)

56

(b) (c)

In making such order, theDeputyCommissioner ofPolice shall prescribe thenecessarystepsforensuringthesafetyofpassersby. These temporary structures shall be removed once the purpose for whichtheywereinstalledisover. Offencesagainstthepolice

101. Obstructioninpolicework Any person, who obstructs the discharge of duties and functions of a police officer, shall, on conviction, be liable to simple imprisonment not exceedingthreemonthsorfineorboth.

102. Unauthoriseduseofpoliceuniform Whoever, not being a member of the Police Service wears, without obtaining permission from an officer authorised in this behalf by the State Government by a general or special order, a police uniform or any dress having the appearance or bearing any of the distinctive marks of that uniform, shall, on conviction, be punished with imprisonment not exceedingsixmonthsorfineorboth.

103. Refusaltodeliverupcertificateetc.onceasingtobepoliceofficers Whoever,havingceasedtobeapoliceofficer,doesnotforthwithdeliver uphis/hercertificateofappointment,clothing,accoutrementsandother wherewithal supplied to him for the execution of his duty, shall on convictionbyacourtoflaw,beliabletoafine.

104. Falsemisleadingstatementmadetothepolice Whoever makes a false statement or a statement which is misleading in material particulars to a police officer for the purpose of obtaining any benefit shall, on conviction, be punished with imprisonment for a term whichmayextendtothreemonthsorafineofboth. Offencesbythepolice 105.Derelictionofdutybyapoliceofficer (1) (a) Whoever,beingapoliceofficer; wilfully breaches or neglects to follow any legal provision, procedure, rules,regulationsapplicabletomembersofthePoliceService;or

57

(b) (c) (d) (e)

without lawful reason, fails to register a First Information Report as requiredbySection154oftheCodeofCriminalProcedure,1973;or isfoundinastateofintoxication,whileonduty;or malingers or feigns illness or injury or voluntarily causes hurt to himself withaviewtoevadingduty;or acts in any other manner unbecoming of a police officer; shall, on conviction,bepunishedwithimprisonmentforatermwhichmayextend tothreemonthsorwithafineorboth. Whoever,beingapoliceofficer: isguiltyofcowardice;or abdicates duties, or withdraws from duties, or remains absent without authorisationfromdutyformorethan21days;or uses criminal force against another police officer, or indulges in gross insubordination;or engages himself or participates in any demonstration, procession or strike,orresortsto,orinanywayabetsanyformofstrike,orcoercesor usesphysicalforcetocompelanyauthoritytoconcedeanything;or in guilty of sexual harassment in the course of duty, whether towards otherpoliceofficersoranymemberofthepublic; shall, on conviction, be punished with imprisonment for a term whichmayextendtooneyearorwithafineorboth.

(2) (a) (b) (c) (d)

(e)

106. Arrest,search,seizureandviolence (1) (2) (3) Whoever,beingapoliceofficer: without lawful authority or reasonable cause enters or searches, or causestobeenteredorsearched,anybuilding,vessel,tentorplace;or unlawfully and without reasonable cause seizes the property of any person;or unlawfully and without reasonable cause detains, searches, or arrest a person;or

58

(4) (5)

unlawfully and without reasonable cause detains, searches, or arrests a person;or subjectsanypersoninher/hiscustodyorwithwhomhemaycomeinto contact in the course of duty, to torture or to any kind of inhuman or unlawfulpersonalviolenceorgrossmisbehaviour;or holdsoutanythreatorpromisenotwarrantedbylaw; shall, on conviction, be punished with imprisonment for a term whichmayextendtooneyearandshallbeliabletofine.

(6)

107. Offencesbythepublic (1) Any person who commits any of the following offences on any road, or street or thoroughfare, or any open place, within the limits of any area specially notified by the Commissioner of Police for the purpose of this section, to the inconvenience, annoyance or danger of the residents or passersbyshall,onconvictionbyacourt,beliabletoafine. allowing any cattle to stray, or keeping any cattle or conveyance of any kind standing longer than is required for loading or unloading or for takinguporsettingdownpassengers, orleavinganyconveyanceinsuch amannerastocauseinconvenienceordangertothepublic; beingfoundintoxicatedandriotous; neglecting to fence in or duly protect any well, tank, hole or other dangerous place or structure under his charge or possession; or otherwisecreatingahazardoussituationinapublicplace; defacing, or affixing notices, or writing graffiti on walls, buildings or other structures without the prior permission of the custodian of the property; wilfully entering or remaining without sufficient cause in or upon any building belonging to the Government or land or ground attached thereto;oronanyvehiclebelongingtoGovernment; knowingly spreading rumours or causing a false alarm to mislead the police,firebrigadeoranyotheressentialserviceor; wilfullydamagingorsabotaginganypublicalarmsystem;

(a)

(b) (c)

(d)

(e)

(f) (g)

59

(h) (i)

knowingly and wilfully causing damage to an essential service, in order tocausegeneralpanicamongthepublic; acting in contravention of a notice publicly displayed by the competent authorityinanygovernmentbuilding: Provided that the police shall take cognizance of this offence only upon a complaint made by an authorised functionary of the concerned office. causing annoyance to a women by making indecent overtures or calls or bystalking;

(j)

Providedthatthepoliceshalltakecognizanceofthisoffenceonlyupona complaintmadebythevictim. (k) causingharassmentthroughcrankcallswiththeintenttocreateasense ofharassment,nuisance,injuryorfear:

Providedthatthepoliceshalltakecognizanceofthisoffenceonlyupona complaintmadebythevictim (2) It shall be lawful for any police officer to take into custody, without a warrant,whoevercommitsanyoftheoffencesmentionedinsubSection (1) Whoever commits any offence under subSection (1), on subsequent convictionshallbeliabletoenhancedpunishment.

(3)

Proceduralmatters 108. Procedureforpostingdirectionsandpublicnotices (1) All general directions, regulations, and public notices issued under this Chapter shall be published by posting notices in the office of the Deputy Commissioner of Police/Police Station of the local area as well as in the locality affected, by affixing copies in conspicuous places near the building or place to which the notice specially relates, or by announcing itbythebeatingofdrumorbyadvertisinginlocalnewspapersandother media, or by any other means as the Deputy Commissioner of Police maydeemfit: Provided that the Deputy Commissioner of Police may, on being satisfied that it is in public interest to bring any regulation into force

60

with immediate effect, make such direction or regulation without previouspublication. (2) If any direction or regulation made under this section relates to any matter with respect to which there is a provision in any law, rule or bylaw of the Corporation or of any other Municipal or Local Authority in relation to public health, convenience or safety of the locality, such regulationshallbesubjecttosuchlaw,ruleorbylaw.

109. Prosecutionofpoliceofficers No court shall take cognizance of any offence under this Act when the accused person is a police officer except on a report in writing of the facts constituting such offence by, or with the previous sanction of an officerauthorisedbytheAdministratorinthisbehalf. 110. Prosecutionforoffencesunderotherlaws Subject to the provisions contained in Section 300 of the Code of Criminal Procedure, 1973, nothing in this Act shall be construed as preventing any person from being prosecuted and punished under any otherlawforanythingmadepunishablebythisAct. 111. Summarydisposalofcertaincases (1) A court taking cognizance of an offence punishable under Sections 99 and 107 may state, upon the summons to be served to the accused person, that he may, by a specified date prior to the hearing of the charge, plead guilty to the charge by registered letter, and remit to the courtsuchsumasthecourtmayspecify. Where an accused person pleads guilty and remits the sum specified in thesummonsundersubSection(1),nofurtherproceedingsinrespectof theoffenceshallbetakenagainstthatperson.

(2)

112. RecoveryofpenaltiesandfinesimposedbyMagistrates Provisions of Section 64 to 70 of the Indian Penal Code, 1860 and Sections 386 to 389 of the Code of Criminal Procedure, 1973 shall apply to penalties and fines imposed under this Act on conviction before a Magistrate:

61

ProvidedthatnotwithstandinganythingcontainedinSection65of the Indian Penal Code, 1860, any person sentenced to fine under Sections 99 and 107 of this Chapter may be imprisoned in default of paymentofsuchfine,foranyperiodnotexceedingeightdays.

113. Limitationofactions No court shall take cognizance of any offence under this Chapter after the expiry of the period of limitation provided for in Section 468 of the Code of Criminal Procedure, 1973. For computing the limitation period, provisions of Chapter XXXVI of the Code of Criminal Procedure shall apply.

62

ChapterXII Miscellaneous
114. Powers of Deputy Commissioner of Police to be exercised by CommissionerofPolice All powers, functions and duties of the Deputy Commissioner of Police shall be exercised by the Commissioner of Police or any other officer authorisedinthisbehalf. 115. Disposaloffeesandrewards AllfeespaidforlicencesorwrittenpermissionissuedunderthisAct,and all sums paid for the service of processes by police officers and all rewards, forfeitures and penalties or shares thereof which are by law payable to police officers as informers shall, save in so far as any such fees or sums belong under the provisions of any enactment in force to anylocalauthority,becreditedtotheStateGovernment. Provided that with the sanction of the Administrator or under any rule made by the Administrator in that behalf, the whole or any portion of any such reward, forfeiture or penalty may for special services, be paid to a police officer, or be divided amongst two or more Police officers. 116. Methodofprovingordersandnotifications Any order or notification published or issued by the Administrator or officer under any provision of this Act, and the due publication or issue thereofmaybeprovedbytheproductionofacopythereofintheOfficial Gazette,or ofacopythereofsignedbysuch officer,and byhimcertified to be a true copy of an original published or issued according to the provisionsofthesectionoftheActapplicablethereof.

117. Validityofrulesandorders No rule, regulation, order, direction, or notification made or published and no adjudication, injury or act done under any provision of this Act,

63

or under any rule made there under ,which is in substantial conformity with the same ,shall be deemed illegal, void or invalid by reason of any defectofform. 118. Officers holding charge of or succeeding to vacancies competent to exercisepowers Whenever in consequence of the office of a Commissioner, or police officer becoming vacant, any officer holds charge of the post of such Commissioner, or police officer or succeeds, either temporarily or permanently, to this office, such officer shall be competent to exercise all the powers and perform all the duties respectively conferred and imposed by this Act on such Commissioner, or police officer, as the case maybe.

119. Licences and written permissions to specify conditions, and to be signed (1) Any licence or written permission granted under the provisions of this Actshallspecifytheperiodandlocalityforwhichandtheconditionsand restrictions subject to which, the same is granted and shall be given under the signature of the competent authority and such fee than be charged there for as is prescribed by any rule under this Act in that behalf. Revocation of licence: Any licence or written permission granted under this Act may at any time be suspended or revoked by the competent authority, if any of its condition or restrictions is infringed or evaded by thepersontowhomithasbeengranted,orifsuchpersonisconvictedof anyoffenceinanymattersuchlicenceorpermissionrelates. when licence revoked, grantee to be deemed without licence: When anysuchlicenceorwrittenpermissionissuspendedorrevoked,orwhen the period for which the same was granted has expired, the person to whom the same was granted shall for all purposes of this Act, be deemedtobewithoutalicenceorwrittenpermissionuntiltheorderfor suspending or revoking the same is cancelled, or until the same is renewed,asthecasemaybe. Grantee to produce licence and permission, when required: Every person to whom any such licence or written permission has been

(2)

(3)

(4)

64

granted, shall, while the same remains in force, at all reasonable time, producethesame,ifsorequiredbyapoliceofficer. Explanation: For the purpose of this section any such infringement or evasion by, or conviction of, a servant or other agent acting of behalf of the person to whom the licence or written permission has been granted shallbedeemedtobeinfringementorevasionby,orasthecasemaybe, convictionofthepersontowhomsuchlicenceorwrittenpermissionhas beengranted.

120. Publicnoticeshowtobegiven Anypublicnoticerequiredtobegivenunderanyoftheprovisionsofthis Actshallbeinwritingunderthesignatureofacompetentauthorityand shall be published in the locality to be affected thereby, by affixing copies thereof in conspicuous public places, or by proclaiming the same with beat of drums, or by advertising the same in such local newspaper English or regional language or Hindias the said authority may deem fit, or by any two or more of these means and by any other means it may thinksuitable. Provided that the competent authority may, on being satisfied that it is in public interest to bring any regulation into force with immediate effect, make such direction or regulation without previous publication.

121. Consent of a competent authority may be proved by writing under his signature WheneverunderthisAct,thedoingortheomittingtodoanythingorthe validity of anything depends upon the consent, approval, declaration, opinion or satisfaction of a competent authority, a written document signed by a competent authority purporting to conveyor set forth such consent, approval, declaration, opinion or satisfaction shall be sufficient evidencethereof.

122. Signatureonnoticesmaybestamped Everylicence,writtenpermission,notice,orotherdocument,notbeinga summons or warrant or search warrant, required by this Act, or by any rulethere under,to bearthesignature ofthe competent authority, shall be deemed to be properly signed if it bears a facsimile of his signature stampedthereon.

65

123. Powertomakerules The Central Government may make rules for carrying out the purposes ofthisAct.

124. Powertoremovedifficulties (1) If any difficulty arises in giving effect to the provisions of this Act the Central Government may, by notification in the Official Gazette, make such provisions as it deems necessary or expedient for removing the difficulty. Everynotificationissuedunderthissectionshall,assoonasmaybeafter itisissued,belaidbeforeeachHouseofParliament.

(2)

125. Notification of rules and regulations in the Official Gazette and laying ofrulesandregulations (a) (b) Every rule and regulation made under this Act shall be made by notificationintheOfficialGazette. Every rule and regulation made under this Act shall be laid, as soon as may be after it is made, before each House of the Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiryofthesessionimmediatelyfollowingthesession ofthesuccessive sessions aforesaid, both Houses agree in making any modification in the ruleorregulationasthecasemaybe,orbothHousesagreethattherule or regulation should not be made, the rule or regulation shall thereafter haveeffectonlyinsuchmodifiedformorbeofnoeffectasthecasemay be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that ruleorregulation.

126. Persons aggrieved may apply to Central Government to annul, reverse oralteranyruleororder In the case of any rule or order made by any authority conferred by this Act and requiring the public or a particular class of persons to perform somedutyoract,ortoconductororderthemselvesorthoseundertheir

66

control in a manner therein described, it shall be competent to any aggrieved person to make a representation to the Central Government toannul,reverse,oraltertheaforesaidruleororder. 127. Repealandsaving (1) (2) TheDelhiPoliceAct,1978isherebyrepealed. Notwithstanding such repeal, anything done or any action taken or any proceedinginstitutedundertheActsorepealedshallbedeemedtohave been done or taken or instituted under the corresponding provisions of thisAct. All references in any enactment to any of the provisions of the Act so repealed shall be construed as references to the corresponding provisionsofthisAct.

(3)