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Bengal Presidency - Section

Section 43 in Police Regulations, Bengal , 1943

43. Investigation and trial of cases after riot.

(a)Whenever there has been any outbreak or rioting, the Superintendent shall, if necessary, reinforce the local investigating staff and arrange the work so that officers investigating cases arising from the riots can devote undivided attention to them.
(b)He shall also see that investigations are completed without unnecessary delay. Charge-sheets shall be framed at once against any persons regarding whom evidence is immediately available, supplementary charge-sheets being drawn against other persons regarding whom evidence is obtained later. In no circumstances shall a charge-sheet against any person or persons regarding whom satisfactory evidence is forthcoming be delayed while evidence against other persons is sought.
(c)He shall, also, if necessary, reinforce the prosecuting staff and, if police officers are not available for this purpose, move the District Magistrate to apply to the Legal Remembrancer for the retention of legal practitioners as public prosecutors. It is essential that the prosecuting staff detailed for such cases should be sufficient to give undivided attention to them.
(d)He shall also see that prosecuting officers move the Magistrates for early trial of such cases, and that they communicate the dates of hearing to the investigating staff, so that all necessary witnesses appear before the Courts on those dates.
(e)The District Magistrate should consider whether an additional or special Magistrate is required to deal with cases arising out of the occurrence, and whether local arrangements can be made: if not, the Commissioner and the Provincial Government should be informed by wire. It is important that a capable Magistrate should take up the riot cases and deal promptly with them.
(f)Applications for bail made in any Court by any person under trial or appealing against conviction in such cases shall be opposed, if there is reason to believe that he is likely to use his liberty to commit further offences or to instigate others to do so. The Public Prosecutor must be supplied with all relevant facts necessary for this purpose, e.g., that the appellant has previously been convicted of similar offences, that charges for similar offences are pending against him or that there is reasonable ground for believing that he will engage in further unlawful activities.
(g)If the District Magistrate desires that any application made under section 526 of the Code of Criminal Procedure should be opposed, he shall immediately send to the Legal Remembrancer clear and full instructions for the counsel who will oppose it. If it is important that the trial of the case, regarding which the application is made, should not be delayed, the District Magistrate shall also furnish the Legal Remembrancer with reasons for moving the High Court to treat the application as urgent.
(h)The Superintendent is responsible for furnishing the District Magistrate with all relevant facts required under clauses (P) and (g).
(i)Close co-ordination of the work of the police and the magistracy is essential in all matters relating to such cases, and the District Magistrate and the Superintendent are jointly responsible for securing this coordination.