In accordance with the existing laws of the land, various Government and departmental orders, and guidelines certain procedures have been evolved with respect of citizens’ dealing with the police. For the purpose of easy understandability and wide reach, this Citizens’ Charter is intended to provide a simplified outline of such procedures. It describes, in simple terms, what the citizens’ rights are, what they can expect from the police and what is expected of them in turn. The Citizen’s Charter is not supposed to be a compendium of the existing laws or a commentary thereon.
This Citizen Charter
Police exist for the Citizen/society. They are the major concern and beneficiary of it. Like all other public bodies police is also established of the benefit of citizen/society. As it provides various type of services to society/citizen, it becomes necessary to publish the type of services rendered. Rights and duties of the citizens towards it. Hence the Citizen’s Charter.
It is an instrument/document to create the awareness amongst the citizens about their rights and duties towards the society in general.
It also provides the broader view of the department, that how it works and where to approach for help. It is a document to give eagle eye vision of the department and services rendered.
Broadly speaking services means:
- Prevention and detection of crime.
- Maintaining Law and Order in civil society.
Are the major concerns and duties of the police. Apart from these police also performs other functions like:
- Traffic regulation.
- Providing guards and protection to individual and institutions.
Apart from these service police is also involved in giving various type of permission and licenses, antecedent verification, etc as law and order situation is connected with it.
- Right to complaint.
- Right to get protection and also can ask for it.
- A complaint can be lodged in writing at any time or at the Police Station. Even if the crime is committed beyond the jurisdictional limits of the police station, a complainant cannot be asked to go to the concerned police station. Complaint must get registered at any police station. It is the duty of the police station to the complaint to the police station concerned.
- If complaint is not taken at the police station then the complaint can be given to the higher authority. Alternatively a written complaint can be given to the District Mamlatdar.
- The complainant has the right to obtain a copy of the registered F.I.R. free of cost.
- A complainant has the right to know about the progress of the inquiry in respect of the complaint.
- The police does not have the powers to inquire about non-cognizable complaints without permission of the court.
- Woman and children below the age of 15 years can not be called to the Police Station to take their statements.
- While going on long tour or travel arms with license can be deposited with the police station.
It is the duty of a citizen to obey the law, to keep the peace and to assist the police. By helping the police the citizens help to preserve the rights and freedom of other members of society. The responsibility for the maintenance of law and order rests on the citizens. The police perform the function of law enforcement on a full time basis on behalf of society. Citizens are expected to perform this role on a part time basis. In performing this role it is the duty of citizens to give relevant crime related information to the police and to assist the police in preventing breach of peace. Citizens will not shelter or harbor any proclaimed offender. Citizens have the duty to render evidence in a court of law.
For Schedule Caste and Schedule Tribe
- There are provisions for punishment for any such action or offence which is committed to humiliate the person of the Schedule Caste and Schedule Tribe in public, by harsh words, mentally, physically, economically, socially, or personally on the basis of his caste.
- The inquiry of offences of Atrocity against the person of Schedule Caste and Schedule Tribe is generally undertaken by the officer of the rank of Assistance Commissioner of Police.
- After completing the inquiry expeditiously in the offences of Atrocity against the person of Schedule Caste and Schedule Tribe, the charge-sheet is filled in so that financial assistance available from the social welfare department can be provided.
Provisions for the Women
- Until and unless there are unavoidable circumstances a woman accused cannot be detained between the sunset and the sunrise.
- During the night time a woman accused can be detained only by the woman police.
- A woman can be checked physically by a woman police only.
- Children below the age of 15 years and woman cannot be called to the police station for taking statement.
- In case of unnatural death of woman either having the married life of less than 10 years or having the age of less than 30 years and residing with her in laws, inquiry has to be undertaken by the officer the officer of the rank of Assistance Commissioner of Police. The post mortem of the death body has to be done by a panel of two doctors. Inquest panch has to be done by the Executive Magistrate. Intimate about the incident to Mahila Suraksha Samiti.
- A complaint can be lodged to get back the ornaments and other valuables of the woman given in her marriage.
- Arrangement of separate lock up for the woman.
Specific rights of children
Children accused of any offence will be dealt with according to the provisions of The Juvenile Justice Act. They will not be held in custody along with adult offenders, and in the event of being convicted for an offence for the first time will be released on probation.
Providing Police protection
- When police protection is requested by any person/institute/community in respect of any threat received by them from anti-social elements, threatening life or threatening to kidnap children then necessary preventive steps are taken by the police.
- In order to prevent the destructions of crops in the farms and fields, protection is provided in public interest using mounted police.
- In case of communal riots, protection is provided to victims of minority community.
- There are standing instructions, to provide free of cost police protection to any person traveling while carrying huge cash amount, if he makes such a request.
- If found just then police protection should be provided on request in cases of disputes of land and property.
- Police protection can be obtained on payment basis by making an application to the administrative branch of the DCP Control Room, and by submitting required document to support the reason for asking protection.
Bailable and Non-bailable Offences
- Under the Code of Criminal Procedure, offences have been classified as ‘bailable’ and ‘non-bailable’ offences.
- In the case of bailable offences, it is binding upon the investigating officer to grant bail. However, in case of a non-bailable offence the police do not grant bail. The decision is taken by a Judicial Magistrate/Judge only.
- In the case of a bailable offence, if the accused produces proper surety after his arrest, and fulfills other conditions, it is binding upon the Investigating officer to release him.
- In the case of a non-bailable offence, the Investigating Officer must produce the accused before the Judicial Magistrate/Judge concerned within 24 hours of the arrest. At that time, the accused has a right to apply for bail himself or through his representative/lawyer.
- Similarly, if the accused has been subjected to any misbehavior by police after arrest, he has an opportunity to complain against the same before the Judicial Magistrate/Judge.
RIGHTS OF ARRESTED PERSON
DIRECTION & GUIDELINES ISSUED BY THE SUPREME COURT
- The Police personnel carrying out the arrest and handling the interrogation of the arrestee should bear accurate, visible and clear identification and name tags with their designation.
- The Police Officer carrying out the arrest shall prepare a memo of arrest at the time of arrest and such memo shall be attested by at least one witness, who may be either a member of the family of the arrestee or a respectable person of the locality from where the arrest is made. It shall also be counter-signed by the arrestee and shall contain the time and date of arrest.
- A Person who has been arrested or detained and is being held in custody in a police station or interrogation center or other lock-up, shall be entitled to have one friend or relative or other person known to him or having interest in his welfare being informed as soon as practicable that he has been arrested and is being detained at the particular place, unless the attesting witness of the memo of arrest is himself, such a friend or a relative of the arrestee.
- The time, place of arrest and venue of custody of arrestee must be notified by the police where the next friend or relative of the arrestee lives outside the district or town through the Legal Aid Organization in the District and the police station of the area concerned telegraphically within a period of 8 to 12 hours after the arrest.
- The person arrested must be made aware of his right to have someone informed of his arrest or detention as soon as he is put under arrest or is detained.
- An entry must be made in the diary at the place of detention regarding the arrest of the person which shall also disclose the name of the next friend of the person who has been informed of the arrest or detention as soon as he is put under arrest or is detained.
- The arrestee should where he so requests, be also examined at the time of his arrest and major and minor injuries, if any present on his/ her body, must be recorder at that time. The “Inspection Memo” must be signed both by the arrestee and the police officer effecting the arrest and its copy provided to the arrestee.
- The arrestee should be subjected to medical examination by a trained doctor every 48 hours during his detention in custody by a doctor on the panel of approved doctors, appointed by Director, Health Service of the concerned State or Union Territory. Director, Health Service, should prepare such a panel for all Tehsils and District as well.
- Copies of all the documents including the memo of arrest, referred to above should be sent to the Magistrate for his record.
- The arrestee may be permitted to meet his lawyer during interrogation, though not throughout the interrogation.
- A Police control room should be provided at all district and State Headquarters, where information regarding the arrest and the place of custody of the arrestee shall be communicated by the officer causing the arrest within 12 hours of effecting the arrest and at the police control room it should be displayed on a conspicuous notice board.