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Bengal Presidency - Section

Section 703 in Police Regulations, Bengal , 1943

703. Duties of escort commanders. [§ 12, Act V, 1861].

(a)
(i)Before the escort fall in for inspection, (vide regulation 700) the escort commander shall appear before the Reserve officer to receive necessary instructions and to take over such handcuffs, leg-shackles and lanterns as may be required. He shall take notes of these instructions in his roster.
(ii)While proceeding by railway on escort duty he shall travel in the same compartment with his men and will draw travelling allowance at the prescribed rates.
(b)He shall not move, without written instructions as to procedure en route, from the officer to whom the escort is supplied and he shall not take charge of any prisoner, lunatic or treasure, unless the officer to whom the escort is furnished pays the railway fare or provides a pass for such person or treasure up to the station at which the entire railway journey will cease, and provides food or money for its purchase for the person or persons to be escorted. [See regulation 701(g)],
(c)He shall keep all persons and things under escort as close together as possible, to ensure efficient surveillance, placing the police in the rear and on each flank. For this purpose he shall himself remain in the rear. The firearms of the guard shall be examined in the presence of the prisoners or drivers of the treasure carts.
(d)He shall permit no communication on any account between outsiders and prisoners or drivers of treasure carts.
(e)When he makes over charge at the place of final destination to the officer authorized to receive the prisoners or things escorted, he shall take a receipt for every person or thing delivered, which he shall submit to the Reserve office on return.
(f)Escorts returning to their station shall be brought back by the escort commander in a body under proper discipline and shall not be permitted to break off or dawdle on the way.
(g)Before taking charge of convicts, he shall see that handcuffs and fetters are secure and in good order, and that none of the convicts can possibly rid themselves of them without aid. This examination shall be repeated whenever the convicts halt or resume their journey. The handcuffs shall be provided by the police.
(h)Before starting, he shall search the prisoners to see that they have no silk, string, wire, files, knives or other weapons secreted about their persons, and he shall check all prisoners and their property with the list made over to him. The same precaution shall be taken by relieving and relieved officers whenever an escort is relieved.
(i)When a railway pass or food for the whole journey is not given by the jail, a sum of money sufficient to meet all expenses of dieting and carriage of the convicts on the road shall be provided and given to the escort commander by the authorities of the jail from which the convicts are sent, and he shall meet all expenditure on account of the convicts from this fund. He shall keep an account of all expenditure on account of the convicts, and whenever that expenditure is made at any police-station or other Government establishment, the officer-in-charge of such station, etc., shall attest such expenditure on the above account. [See clause (s).]
(j)He shall, on reaching his destination, render a detailed account of the funds entrusted to him to the Superintendent of the receiving jail.
(k)
(i)He shall when travelling by railway at once report to the station-master and ask him to wire to the nearest hospital if any member of the escort or any prisoner in custody of the escort be attacked by illness, such as cholera, necessitating immediate medical help. The cost of the telegram shall be borne by the Police Department. The Railway Police on duty at the station shall also be informed of the illness as early as possible and shall render all the assistance possible.
(ii)In case of journeys by boat, or road, if a convict or a coolie of treasure escort becomes so seriously ill as to be unfit for travelling, he shall be left at the next police-station. A convict shall be taken to the nearest jail or lock-up and a coolie to the nearest hospital. The fact shall be noted in the roster and report of the circumstances made to the Superintendent, the requisitioning officer and the officer to whom the escort has to deliver up its charge. In case of sickness another coolie shall be engaged with the help of the local police.
(iii)In case of sickness in steamer journeys recourse shall be had to the medical assistance available on board the steamer, and the officer-in-charge of the escort shall be guided by the advice of the medical officer.
(iv)If a convict coupled to another falls sick, he shall be detached from his companion, the latter being coupled to any odd convict there may be in the party, or handcuffs may be put on him alone. Should cholera appear on the march either among the convicts or the carriers of treasure, or the guard, the party shall halt immediately, and the escort commander will apply for orders and assistance at the nearest police-station.
(v)In case of death among convicts, he shall report the fact to the nearest police-station and shall make arrangements for the due custody of the corpse by the chaukidar of the place where the death occurs. The officer-in-charge of the station, when such death is reported, shall dispose of the body in the usual manner, should there be no suspicion as to the cause of death.
(l)
(i)Escort commanders are only justified in ordering fire upon a prisoner in the event of a murderous attack by the prisoner upon any person, which cannot be -prevented by other means and which would place the person attacked in imminent danger of death or injury.
(ii)The escort should be instructed that they should not fire upon a prisoner without orders from the escort commander unless obliged to do so in self-defence.
(iii)When a member of an escort party discovers a prisoner attempting to escape, he shall at once raise an alarm, but shall not fire upon the escaping prisoner.
(m)When an escape takes place from an escort party, the escort commander shall give prompt notice at the nearest police-station and proceed with the remaining prisoners. If recapture be not immediately effected, the warrant and documents relating to the prisoner and his property shall be returned to the jail whence he was despatched.
(n)He will, if attacked, defend his charge to the best of his ability according to the circumstances of the case. If his assailants are unarmed he should endeavour to ward them off with fixed bayonets but if they are armed he should not hesitate to open fire.
(o)
(i)Before placing the prisoners in the train and again when alighting he shall satisfy himself by examination that the irons and handcuffs of the prisoners are secure.
(ii)Before placing the prisoners in a carriage fitted with cages he shall see that the cages are tightly and securely fastened. If any part of the fittings appears to be loose or unsafe, the fact shall be brought to the station-master's notice.
(iii)Prisoners shall ordinarily be kept together in one compartment of a third class carriage and shall be attended by the escort, two of whom when there are enough men, shall be seated at each door of the carriage. Each man shall be careful to keep his arms safely by his side.
(iv)If there be not room for the whole of the escort and, the prisoners in one compartment, both escort and prisoners shall be divided, so that prisoners shall never be without men of the escort being in the same compartment, at least one at each door.
(v)As soon as the train stops at any station, he shall get out and see that the escort is vigilant and that proper order and discipline are maintained among the prisoners. If it is necessary to allow prisoners to leave the train for any purpose, one man from the escort shall be told off to accompany each prisoner. If further assistance should be required, it shall be demanded from the Railway Police. Not more than two prisoners shall be allowed out of the train at a time, and only one when the escort does not exceed three men.
(p)He shall invariably inform the police of any station or outpost which may be in his way of the passing of the escort; and, if necessary, men shall be deputed from such station or outpost to accompany the escort to the next station en route, with a view to prevent communication with prisoners or drivers of treasure carts, and to protect the party from surreptitious theft.
(q)He shall be responsible only for the preservation and safe delivery of the boxes or cases made over to him with unbroken seal, untampered with, and in the condition in which they are committed to him. He should refuse to take charge of any box or package which is not substantially and safely packed, or which bears any appearance of having been tampered with.
(r)He shall whenever the party escorting treasure has to halt at a railway station, ask for the assistance of the Railway Police in getting a proper place in which to rest and keep the "treasure. One of the rooms used by the Railway Police as a' station-house shall ordinarily be given up for the night.
(s)On return of the escort he shall report himself to the Armed Inspector or in his absence to the Sergeant or senior Sub-Inspector at the Reserve office and give an account of his expenditure, if any.