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State of West Bengal - Section

Section 12 in Police Regulations, Calcutta, 1968

12. Complaints against Police officers. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). - (1) (a) If a complaint (whether cognizable or non-cognizable) against any police officer is made in Court, the Court Police officer shall report it to the Reserve officer concerned who shall enter it in the Misconduct Register (see below).

(b)If a complaint against any police officer is made at a police-station the Officer-in-charge of the police station shall send a copy of the relevant General Diary entry to the Reserve Officer concerned and shall note in the General Diary that he has done so. The Reserve Officer shall enter the complaint in the Misconduct Register and return the papers to the police-station after noting therein the page numbers of the Misconduct Register.(c)If a complaint against any police officer is made to the Commissioner or a Deputy Commissioner or an Assistant Commissioner direct it shall be sent to the Reserve Officer concerned for entry in the Misconduct Register.(d)Enquiries into complaints against officers of and below the rank of Subedar Major/Subedar/Jemadar or Assistant Sub-Inspector, or Head Constable shall be made by an officer not below the rank of Inspector and into complaints against officers of higher rank by an Assistant Commissioner or Deputy Commissioner.(e)It is essential, that enquiries should be thorough, and prompt and that Deputy Commissioners should pay particular attention to them.(f)Whenever a police officer is prosecuted the Deputy Commissioner concerned shall make a recommendation to the Commissioner whether or not proceedings should be drawn up against him.
(2)Misconduct Register. - Registers for both major misconduct and minor misconduct should be maintained in the form given below by the respective Reserve Officers Register for major misconduct shall also be maintained centrally in the same form by the Central Reserve Officer who shall put up the register showing the intermediate stages of importance in each case as envisaged in clause (i) below once a month to the Commissioner.
Serial No.1 Name and rank of officer complained against.2 Name of thecomplainant.3 Gist of the complaint.4 Brief History of the case.5 Date of institution of case, if any.6 Judicial result.7 Departmental action,if any.8 Remarks.9
                 
(i)The following classes of cases against the Police shall be entered in the Major Misconduct Register and the Deputy Commissioner shall specially report such cases to the Commissioner and deal with them properly :-
(a)all cases likely to give rise to public comment, in which accusations of ill-treatment or torture are made against members of the force;
(b)other criminal charges likely to occasion public comment;
(c)all civil suits instituted against Police officers in connection with acts done in the discharge of public duty;
(d)all cases in which comments are made in judgment by Courts on the conduct of the Police which are of special significance, or suggest that an officer of or above the rank of Sub-Inspector has connived at or been guilty of extortion, bribe taking or any other serious offence.
Intermediate stages of importance in all cases and the final decision shall be similarly reported to the Commissioner.
(ii)All cases which do not fall within the category of the cases of the nature described in (a), (b), (c), (d) of (i) above but which subsequently become the subject of serious public or press comments are to be entered in the Major Misconduct Register.
(iii)If the complaint is found false that shall be stated in the 'Remarks' column adding whether the complainant was or was not prosecuted. If no prosecution was started the reasons shall be noted; if a prosecution was started the result of the case shall be recorded.
Departmental action shall be noted in column 8, and in case no departmental action is taken the Deputy Commissioner shall record in the 'Remarks' column a finding with his reasons as to the merits of the case.
(iv)
(a)The first report, which will be drawn up mutatis mutandis, on the lines of a special report shall be submitted without delay, and shall contain the facts of the alleged misconduct or a copy of the complaint with a note as to the action which is being taken. The next report shall contain an impartial statement of the facts ascertained after such enquiry as may be conducted under the provisions of these regulations. In the case of a criminal or civil suit, the report submitted after enquiry shall include an expression of the opinion of the Deputy Commissioner concerned as to whether or not the officer concerned should be defended at the cost of the State Government or his expenses refunded to him.
(b)The Deputy Commissioner shall scrutinise the reports submitted by his Assistant Commissioner, direct enquiries, when necessary, and in most serious cases conduct personal enquiries.
(c)The Commissioner, on receipt of such reports, may mention the matter to the State Government.
Note - Deputy Commissioners must be careful to distinguish these cases from the usual special report cases. The latter refer to crime only, whereas the former refer to the misconduct of Police officers.
(d)The Deputy Commissioner shall go through the record of every case brought against a Police officer in the Courts, and shall take departmental cognizance of every criminal case in which a Police officer is convicted or acquitted or discharged (except when the case is false) and record his order in writing.
(e)The Major Misconduct Register shall be put up before the Commissioner with up-to-date details once a month personally by the Deputy Commissioner.
(f)All other cases which do not fall within the purview of those mentioned in (a), (b), (c) and (d) of item (i) above are to be entered in the minor Misconduct Register. The Minor Misconduct Register shall similarly be placed before the Commissioner once a month.