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Bengal Presidency - Section

Section 332 in Police Regulations, Bengal , 1943

332. Escort of prisoners to and from police posts. [§ 12, Act V, 1861].

- The following are the rules for the escort of prisoners to and from police posts :-
(i)In despatching prisoners clear instructions shall be given to the escort regarding route and halting places.
(ii)In the generality of cases it will be sufficient to send one constable-in charge of one or even two petty offenders; if really necessary, a chaukidar shall accompany him. In the event of the constable having to go aside for any purpose, he shall see that the prisoner is properly secured, and if a chaukidar is available, shall handcuff the prisoner's right wrist to the chaukidar's left. Chaukidars selected should be able-bodied. They shall be relieved when possible on the road, and not taken to an unreasonable distance from their villages. Their diet and travelling allowance, lodging hire and lighting expenses in connection with the escort or custody of accused persons arrested by them shall be paid from the grant under "Contract Contingencies" in the police budget at the rates laid down in regulation 1165.
(iii)Chaukidars shall not be employed more than is absolutely necessary, as they are not liable to judicial punishment when prisoners escape.
(iv)If the offence with which the prisoner is charged is of a serious nature, or the prisoner is of a desperate character or if there be a large number of prisoners, the escort shall be proportionately increased, or in urgent cases more than one chaukidar may be called in to help.
(v)When a prisoner sent up for trial is known to be desperate character or to have previously suffered from lunacy the fact shall be reported separately to the Court officer.
(vi)The officer-in-charge shall despatch prisoners at such a time that, ordinarily, they may arrive at their destination or a suitable halting place before nightfall. A certificate in B.P. Form No. 57, shall accompany the prisoners.
(vii)Meals shall be taken by daylight or if a short delay only be necessary, deferred until arrival at a station.
(viii)The officer-in-charge shall see, as far as possible, that prisoners in transit are properly fed and treated.
(ix)If the party has to sleep at night on the road, the constable-in-charge shall, on arriving at the village selected for the purpose go to the headman of the place and call upon him to provide a secure room for the custody of the prisoner or prisoners, and extra men, if necessary, for nightguard.
(x)When prisoners go aside to relieve nature, they shall be secured by leg-shackles, handcuffs or a rope. They shall not be allowed out of sight and a rope shall connect the prisoner and his guard.
(xi)Every prisoner despatched from a station to Court shall, if possible, be forwarded direct to the nearest Magistrate having jurisdiction, and shall not be sent station by station or to the next superior officer of police.
(xii)Police officers and others taking charge of vagrants, for the purposes of the European Vagrancy Act, shall take such reasonable care of the vagrants as their physical condition the season of the year, and other circumstances may render advisable.
(xiii)Police officers shall not compel witnesses or accused persons to travel long distances when they are not in a fit condition physically to stand the journey.