Section 101(iv) in Police Regulations, Bengal , 1943
(iv)Procedure in criminal cases against a police officer. - Section 197 of the Code of Criminal Procedure lays down a special procedure in regard to criminal prosecutions against certain classes of officers, while section 42 of the Police Act, 1861, sets a limit within which action against a police officer is to be taken and indicates the procedure in regard to this. In those cases there will always be ample time to obtain the orders of the Provincial Government as to the defence of the officer, and this shall be done. In the case of criminal prosecutions against other classes of police officers it may frequently be impossible to obtain the orders of the Provincial Government before the commencement of the proceedings in Court. In that case it would rest with the District Magistrate after consulting the Superintendent, to decide whether the defence shall be undertaken by the Provincial Government or not. In the event of disagreement between the District Magistrate and the Superintendent concerning the defence of the accused police officer, the District Magistrate shall instruct the Public Prosecutor to appear for the accused officer in the initial proceedings and request the Court to postpone the case pending a decision by the Provincial Government as to whether he should be defended at the cost of the Provincial Government or not. In such cases a full report shall be sent to the Provincial Government as early as possible stating the course the District Magistrate has decided to adopt.
