Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

Bengal Presidency - Section

Section 445 in Police Regulations, Bengal , 1943

445. Final memorandum. [§ 12, Act V, 1861].

(a)On the final disposal of all cases except those which reports in B.P. Form Nos. 35 and 36 in duplicate are submitted (vide regulations 254 and 287) the Court officer shall prepare a final memorandum in B.P. Form No. 88. In cases in connection with all political agitation and under sections 109 and 110 of the Code of Criminal Procedure, and under the Criminal Tribes Act, 1924, in which no first information is recorded, in which the Superintendent's orders regarding the classification of prisoners are necessary, and in all charge-sheet cases he shall submit the final memoranda in duplicate through the Circle Inspector to the Sub-divisional Police Officer who will forward them to the Superintendent with such recommendations as he may like to make. In other cases he shall send one copy of the final memorandum direct to the police-station, and one to the Superintendent through the Circle Inspector and the Sub-divisional Police Officer.
(b)In forwarding the final memorandum to the Sub-divisional Police Officer, the Circle Inspector shall record his recommendations, if any, regarding surveillance and any remarks he may consider necessary on the conduct of the police, the failure of the case in Court, the inadequacy of the sentence, etc. In subdivisions where there is no Sub-divisional Police Officer, the Circle Inspector shall submit the memorandum direct to the Superintendent.
(c)On receipt of the final memorandum the Superintendent shall record orders whether the convict is to be placed under surveillance, whether he is to be made P.R., P.R.T., or and whether a history sheet is to be opened for him. On the back of the final memoranda of cases which have ended in acquittal or discharge the Superintendent shall point out if necessary to the investigating or Court officer the reasons for the failure of the case, and shall take such other action as he may consider necessary. The final memorandum shall not be filed by the Superintendent until final orders regarding all absconders have been passed.
(d)A memorandum in the same form shall be sent by the Court officer when any one is convicted in a case lodged on complaint before a Magistrate of any offence mentioned in the schedule of offences referred to in the regulations dealing with the Village Crime Note-Book.
(e)In cases referred to in the second sentence of clause (a) above one copy of the final memorandum with the Superintendent's orders thereon shall be sent from his office direct to the police-station, where it shall be filed with the First Information Report, case diaries and other papers of the case after the necessary entries have been made in the registers concerned, the other copy being forwarded to the Circle Inspector through the Sub-divisional Police Officer for return to the Superintendent's office by the Inspector after his orders have been noted in their indices of crime.
(f)In cases which have ended in conviction the Court officer shall note on the back of the police-station copy of the final memorandum the description of the convicts whose names should find entry in Part II of the Village Crime Note-Book.
(g)Final memoranda of cases in which the real names and residences of the accused charged with offences under Chapter XII and XVII of the Indian Penal Code, are not known, shall be written in red ink.
(h)In cases that break down in trial, the reasons for failure shall be briefly noted on the back of both copies of the final memorandum.
(i)Final memoranda shall be sent to the Superintendent Railway Police, in cases sent up for trial by the Railway Police.
(j)In all cases of railway accidents, Court officers shall furnish the Superintendent of Railway Police with copies of the final orders of the Magistrate m B.P. Form No. 88.
(k)A copy of the final memorandum shall be sent to the Superintendent of Excise when a case under the Excise or Opium Act sent up by the police ends in conviction. At the same time the name of the jail to which the prisoner has been sent shall also be mentioned.