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Bengal Presidency - Section

Section 25 in Police Regulations, Bengal , 1943

25. Allegations against police made otherwise than in complaints, first informations or comments by Courts.

(a)Whenever an allegation of misconduct on the part of a police officer comes to the notice of a Magistrate otherwise than under regulations 24, 26 or 28, he may, if he considers it necessary, take cognizance of the case under section 190(1)(c) of the Code of Criminal Procedure.
(b)
(i)A police officer of superior rank shall at once report to the Superintendent any allegation of serious misconduct which comes to his notice otherwise than under regulations 24, 26 or 28, and the Superintendent shall in turn report it at once to the District Magistrate.
(ii)The Superintendent shall personally consult the District Magistrate as to the action to be taken, if they are both at headquarters. If either is absent from headquarters, the Superintendent shall himself hold a departmental inquiry locally or, if he cannot himself hold it, shall direct it so to be held by a police officer of rank superior to that of the accused; such officer shall, if the accused is a head constable or officer of higher rank, be a gazetted officer.
(iii)If the District Magistrate considers it necessary in view of the rank of the accused, the gravity of the alleged offence or the extent to which such allegations are prevalent in the district, he should instruct a Magistrate to co-operate with the Police Officer holding the departmental inquiry or should order a magisterial inquiry to be held instead.