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Bengal Presidency - Section

Section 26 in Police Regulations, Bengal , 1943

26. Comments by Magistrates trying cases.

(a)A Magistrate trying a case should not notice in a final order or judgment (except, if necessary, as a matter demanding inquiry) any misconduct that he suspects on the part of a police officer, unless -
(i)it has been established after the officer has been given reasonable opportunity to explain it, or
(ii)reference to it is necessary for the elucidation of the case.
(b)When such Magistrate finds it necessary to criticise the conduct of any police officer, he should record the important points clearly in a separate note and send it forthwith to the District Magistrate.
(c)Any favourable comments should similarly be made in a note forwarded to the District Magistrate.
(d)The District Magistrate shall take action on such criticisms or comments in the manner prescribed in regulations 27 and 28(b)(1).