141. Police Station Outpost, and Divisional lock-ups. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). - (a) In addition to the Central lock-up at the headquarters there are -
(i)divisional lock-ups at certain police stations.(ii)lock-ups at every police station and at some outposts.(b)(i)The accommodation of each lock-up shall be based on the scale of 3.344 square metres per prisoner.(ii)A notice in English and Bengali shall be hung up outside each lock-up showing the maximum number of male or female prisoners which the look-up is authorised by the Commissioner to accommodate.(iii)Temporary relaxation for a very short period of the provisions of sub-para (i) also can only be made by the Divisional Deputy Commissioner in whose jurisdiction the lock-ups are situated. In times of emergency, the Deputy Commissioner should, however, take immediate steps for the transfer of the surplus prisoners elsewhere.(c)(i)The Officer-in-charge of a police station or post shall be responsible for the safe custody of all prisoners brought to the station or post. They shall be confined to police station or outpost lock-ups till they can be sent to Divisional or Central lock-ups.(ii)Before admitting a prisoner to a police lock-up the Officer-in-charge shall have the person of the prisoner carefully examined for any signs of injury, and record in the General Diary a full description of any marks of injury found on him, if necessary, calling independent witnesses from the neighbourhood to witness the existence of the injuries at the time of admission to the lock-up.Note. - The object of this regulation is to protect police officers against charges of torture founded on injuries received before the prisoner came into the hands of the police.(iii)The Officer-in-charge shall also have the prisoner searched and remove everything from his possession, except articles of wearing apparel and shall give the prisoner a receipt for all articles taken from this possession. Glass, conch-shell or iron bangles shall not be removed from the person of female prisoners. He shall allow the prisoner to take only strictly necessary clothing into the lock-up.(iv)Before confining a prisoner to the lock-up the Officer-in-charge shall note the fact in the General Diary and shall tell off a guard and place an Assistant Sub-Inspector of Police or a Head Constable or a senior constable in charge. He shall enter the name of the officer detailed and their hours of duty in the General Diary. The officer detailed shall before actually placing the prisoner in the lock-up enter and examine the lock-up to see that no weapons or articles that can facilitate escape or suicide, such as bamboos, ropes, tools, etc., are in or within the reach of the lock-up.(v)At the time of relieving sentries, the Officer-in-charge of the guard and the relieving sentry shall count the prisoners and see that everything is in proper order.(vi)The key of the lock-up shall remain with the sentry and except in urgent cases, such as, an outbreak of fire, he shall not unlock the door without first calling the Officer-in-charge of the station or post.(vii)If it be necessary to open the lock-up or to take out a prisoner, the assistance of other constables shall be taken, if considered desirable.(viii)Prisoners shall be taken out to relieve nature at as late an hour as possible before Officers retire to rest, in order that it may not be necessary to open the lock-up during the night. Before being taken out they shall be secured with leg shackles, handcuffs or rope. When relieving nature they shall be attached by means of a rope to a constable.(d)Lock-up pass and classification of prisoners by Assistant Commissioner. - The Officer-in-charge shall send a lock-up pass for each prisoner in the lock-up to the Subdivisional Assistant Commissioner for his signature and classification.The Subdivisional Assistant Commissioner shall classify the prisoners in accordance with the instructions laid down in the West Bengal Jail Code, note the classification on the lock-up passes and return them after signature to the Officer-in-charge and shall record in the lock-up register his reasons for placing a prisoner in Division I.(e)Despatch of prisoners to Divisional and Central lock-ups. - Officers-in-charge shall inform the Telephone Sergeant at Headquarters before 8 p.m. of the number of prisoners required to be removed to the Divisional and Central lock-ups.All women prisoners, all prisoners living in European style, all prisoners whom on account of their dangerous character or for any reason it is after to confine in the Central lock-up and all prisoners charged under section 377 of the Indian Penal Code (Act XLV of 1860) shall be sent to the Central lock-up.Prisoners suffering from minor illness not requiring treatment in a regular hospital shall also be sent to the Central lock-up for treatment by the Medical Officer attached to Central lock-up. The remaining prisoners shall be sent to the Divisional lock-ups.A lock-up pass for each prisoner signed by the Subdivisional Assistant Commissioner shall be made over to the escorts. The pass of a prisoner charged under section 377 of the Indian Penal Code (Act XLV of 1860) shall be endorsed in red ink "charged under section 377, IPC. Please segregate".Prison Vans. - Prison vans with an escort for each van supplied by the Assistant Commissioner, Headquarters, shall be sent from Headquarters to escort prisoners from police stations to the Divisional and Central lockups.These vans shall on no account be unnecessarily delayed at police stations.(f)Divisional lock-ups. - (i) An Assistant Sub-Inspector shall be in charge of the Divisional lock-up under the immediate direction of the Officer-in-charge of the police station where the lock-up is situated.(ii)Each prisoner shall be carefully searched by the Officer-in-charge of the lock-up in the presence of the escort that brings him in, the provisions of section 52 of the Code of Criminal Procedure, 1898 (Act V of 1898), being strictly observed in regard to female prisoners. Any property beyond necessary clothing found in the possession of the prisoner shall be taken charge of and entered in the Malkhana Register. A special note shall be made in the register of property which cannot be removed from the person of a prisoner.(iii)Illeness or injury. - Any prisoner found dangerously ill or suffering from a serious injury shall be removed to the nearest hospital to which police cases are admitted.(iv)All marks of injury on a prisoner shall be noted in the lock-up register.(v)The key of the lock-up shall always remain with the Officer-in-charge of the lock-up and the cells shall not be opened except in his presence.(vi)Maximum period of detention. - No prisoner shall be kept in the lock-up for a period exceeding 24 hours at a time including Sunday's and holidays except on a remand order. The Subdivisional Assistant Commissioner concerned shall be informed when a period of 23 hours has been exceeded and if no remand is obtained, the man shall be released on personal recognizance if he cannot be produced before a Magistrate.(vii)Requisition. - No prisoner from Divisional lock-up shall be made over to any police officer for the purpose of investigation without a written requisition from the Officer-in-charge of the police-station concerned or the officer investigating the case. Every officer signing such a requisition shall clearly note his rank and the date against his signature. The officer shall also note his full name in block letters below his signature. Any requisition that is not in accordance with these instructions shall not be complied with and the officer receiving it shall make it over to the Officer-in-charge to be forwarded to Divisional Deputy Commissioner.Release. - No police officer except the Officer-in-charge of the police station concerned is authorised to release a prisoner on bail or recognizance.When such action is necessary the Officer-in-charge shall send a Head Constable or constable with a written requisition to take the prisoner to the police station so that he may be released there.(viii)No dangerous weapons or instruments, liquor or drugs, found with a prisoner, shall be returned to him except under the orders of the Commissioner or a Deputy Commissioner or of a Magistrate.(ix)Communication. - No outsiders, relatives or friends of any prisoner or any member of the lock-up guard shall be permitted to convey messages or letters on behalf of any prisoner to his relatives or friends or from them to the prisoner except under the authority of the Officer-in-charge of the investigation. The grant of such permission shall be reported to the Subdivisional Assistant Commissioner with full details and the reasons for giving such permission.(x)Duty of lock-up Guard. - The constable on guard duty at the lockup shall be changed every 4 hours; he shall patrol in front of the lock-up and not allow any outsider to approach the lock-up or have any communication with the prisoner or permit any prisoner to be supplied with any food or drink except with the sanction of the Officer-in-charge of the police station. When it is necessary to take out any prisoner from the lock-up, either for the purpose of feeding him or for answering a call of nature, the constable on duty shall have a second constable on duty along with him over each prisoner; the two constables on this duty shall be held jointly and individually' responsible for the prisoner's safe custody until his return to the lock-up.When a prisoner is taken out of the lock-up the officer who takes him shall sign the Lock-up Register noting the time.(g)Diet. - No food or drink other than that prescribed in orders from time to time shall be supplied to any prisoner in the lock-up. There shall be three meals, viz., breakfast at about 6.30 a.m., lunch at about 11 a.m. (at 9.30 a.m. in case of prisoners taken to Courts) and dinner at 6 p.m. Prisoners coming into police custody after the scheduled time of a meal must wait for their meal until the next scheduled time. In cases of transfer from one lockup to another, either the former must feed the prisoners or give timely notice to the latter.Under-trial prisoners who have to attend Court during Courts hours and cannot be provided with lunch before leaving for Courts shall be placed in charge of the Officer-in-charge of the Court lock-up and their lunch shall be supplied by the Court Inspector from the Court contingencies and not at the cost of the police station. The Officer-in-charge of a police station shall every day check up the diet supplied to prisoners with the time of arrival and departure of the prisoners shown in the Lock-up Register.The number of meals supplied to prisoners shall be noted against their names in the Lock-up Register and the total struck at the close of each day. These entries shall be checked by' the Officer-in-charge (or the Court Inspector, as the case may be) and the Registers produced by them before the Subdivisional Assistant Commissioner daily for his inspection andsignature. At the close of the month the monthly diet bills submitted by the food contractors shall be checked by the station officers (or Court Inspectors) with the entries in the Lock-up Registers and then shall be signed and put up with the Lock-up Registers to the Sub-divisional Assistant Commissioner and Divisional Deputy Commissioner for their countersignatures. After countersignature the bills shall be forwarded to the Finance Branch, Lallbazar, for payment. Officers-in-charge may if required, submit these bills for a period of less than a month but the above check shall always be exercised.
