Citizen Charter
Preamble
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.
Citizen’s Rights
* 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.
Citizen’s duties
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.
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.
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.
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.
* 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.
* 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.