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Bengal Presidency - Section

Section 1101 in Police Regulations, Bengal , 1943

1101. Preservation of records and registers.

(a)All papers connected with the investigation of cases (e.g., First Information Report, case diaries, statements under section 161 of the Code of Criminal Procedure, documentary exhibits, lists of property, final memo., and other miscellaneous connected papers) which do not form part of a judicial report, shall be kept together and preserved as below:-
(i) In all cases in which the accused has absconded. Until the Magistrate orders their destruction on the groundthat there is no further reasonable hope of arrest.
(ii) In non-bailable cases declared true by Magistrates butnot tried out, and under sections 109 and 110, of the Code ofCriminal Procedure. Fourteen years, provided that in cases under sections 454,455, 456, 457, 379, 380 and 381 of the Indian Penal Code, inwhich no person has been reasonably suspected, the records shallbe preserved for three years only.
(iii) In all other cases (bailable or not, tried out or not)and cases under sections 108, 107, 144 and 145 of the Code ofCriminal Procedure. Three years, provided that in all cases of a professionalnature under Chapter XVII of the Indian Penal Code, professionaland political murder and murder of informers, professionalswindling, coining, note forgery and attempts thereof in which aperson though not convicted is found or reasonably suspected tobe concerned and in all cases of dacoity, conspiracy for dacoityand cases under sections 400 and 401, Indian Penal Code, therecords shall be preserved for 14 years.
(b)The periods for which all other papers and registers, reports and returns are to be preserved will be found in Appendix XIII. If for any special reason, the officer-in-charge of the police-station or the Inspector considers that a particular record should be preserved for a longer period than as noted above, he shall recommend accordingly.
(c)On receipt of the final memo, the papers in connection with a case (e.g., duplicates of final form, chargesheet, First Information Report, case diaries, etc.) shall be filed together with a docket slip showing what papers the file contains. The year in which the file is to be destroyed shall be noted on it conspicuously in red ink.
(d)The Inspector while inspecting the police-station shall note in the last column of the khatian register the period for which the record of each particular case shall be preserved.
(e)Records of cases in which there are absconders shall be distinguished by noting "A" in red ink conspicuously in the last column of the khatian register and also .on the docket slip of the file of the case.
(f)At the close of each year separate bundles shall be made up of-
(i)Papers relating to absconders.
(ii)Those to be kept for fourteen years.
(iii)Those to be kept for three years.
(g)In January each year the officer-in-charge of the police-station shall examine the records and entries in the last column of the khatian and prepare a list of records and registers due for destruction and submit the same to the Inspector who, after satisfying himself of its correctness by a personal inspection at the police-station, shall pass orders in accordance with the Appendix XIII(8). On receipt of his orders the papers shall be burnt or destroyed.
(h)A list of registers to be deposited in the Magistrate's record-room shall also at the same time be prepared to enable the Superintendent to check them and arrange for their despatch to the record room on the 1st of July.
(i)A list of cases in which accused persons have been absconding for more than five years shall also be prepared and submitted to the Superintendent, who will forward it to the Magistrate with his remarks as to whether the records concerned should still be preserved.
(j)The fact that the records have been destroyed shall be noted in the khatian register against the cases concerned.
(k)No record shall be removed from the police-station without a slip being left in its place to show where it has gone.