A Regulation for reducing into
one Regulation, with amendments and modifications, several rule which have been
passed for the guidance of daroghas and other subordinate officers of
Police [2][* * *] [Preamble; Local extent; Repeals;
Appointment and removal of public officers; Rank and functions of officers on
thana establishments; Seal; Police accountrements; Police officers at outposts;
Leave rules; Thana records.]?Repealed by Act
XVI of 1874. [Police returns, etc., to be sent
to Magistrates or Superintendents].--Repealed by Act XVII of 1862. [Transmission of official papers;
prohibition of irregular practices.] ?Repealed by Act XVI of 1874. [Charges and cognizance by
police; Duties of officers on receiving charges; Rules for holding inquest;
Inquiries into cases of heinous offences; Search for stolen properly; Duties of
public with regard to coiners and utterers of base coin; Riots; treatment of
prisoners; Notorious offenders and vagrants].--Repealed by Act XVII of 1862. [Village-watchmen].--Repealed by
Act XVI of 1873. [Concurrent jurisdiction of
police daroghas; Prosecutors and witnesses; Summons; Arrest and bail;
Resistance or evasion of criminal process].--Repealed by Act XVII of 1862. [Distraint for arrearrs of
land rent]?Repealed by Act X of 1859. [Abkari]?Repealed by Act XII of 1876.Execution
of Criminal Process in the [3]
[Opium Department] and duties of Daroghas relating to [4]
[that Department]. In all bailable cases, where it
may be necessary, under the provisions of this Regulation, to summon or
apprehend any [5][* * *] [6][*
*] officer or person [7][*
* * *] employed in the [8][*
* *] [9][*]
Opium Department, the daroghas of police shall transmit the summons or warrant,
under a sealed cover, addressed to the [10][*
*] [11][* * *] Opium Agent or the
head [12][* * *] officer of the arang,
kothi or chouki, who will either give or direct sufficient security to be given
for the due attendance of the party, certifying on the back of the process the
manner in which it has been served, and by whom the security has been given, or
causing the defendant to accompany the officer bearing the darogha's process to
the thana. Second.-- In such cases accused not to be
forced to appear till after manufacturing season.--In cases of bailable nature,
in which a person under engagements, and employed in the [13][*
* *] Opium Department, may be summoned under the provisions of the proceeding
clause during the manufacturing season, the darogah of police shall, with the
view preventing unnecessary interruption to the manufacturer, require the party
summoned to appear in person or by vakil, either during or after the
manufacturing season, as the circumstances of the case may dictate, subject to
the future order of the Magistrate, to whom the darogah shall in each instance
report the reasons which may have influenced him in the exercise of the
discretion here vested in him. Third?Rule for serving summonses on witnesses employed in the
Company's arangs, and form of their recognizance.-- Summonses to [14][*
* *] any officers or persons [15][*
* *] employed in the [16][*
* *] Opium Department, to attend as witnesses, shall be served in the manner
directed by the preceding clauses of this section; but the [17][*
* *] Opium Agent, or the head [18][*
* *] officer of the arang, kothi or chauki, shall, instead of requiring the
person summoned to give security or proceed to the thana, take from the witness
a recognizance agreeable to the Form No. 13 of the Appendix,[19] and
shall deliver the same to the officer serving the process. Fourth?Warrants for offences not bailable to be served upon
persons so employed, as upon others.-- If a charge shall be preferred to
a police darogah against any [20][*
* *] officer or person [21][*
* *] employed in the [22][*
* *] Opium Department for an offence that is not bailable and there shall
appear to the darogha of police sufficient ground under the provisions of this
Regulation for apprehending the person so charged, the
warrant for apprehension shall require him to attend immediately in person, and
shall be executed in the same manner as upon persons not so employed;The
darogah giving notice to Agent.--But the darogah, after securing the offender,
is to give notice of his apprehension to the [23][*
* *] Opium Agent, or to the head officer of the nearest arang, kothi or chauki,
as the case may be. Fifth to eight? [Illicit salt].--Repealed by Act
VIII of 1875. Ninth : Police officers to
suppress illicit cultivation of opuim.-- All officers of police are
strictly enjoined, under pain of dismission from office, to assist in
suppressing the illicit cultivation, manufacture, sale, purchase, importation,
transportation or possession of opium [24][*
* *]. Tenth and Eleventh?[Illegal cultivation of poppy].-- Repealed by Act XVI of 1874. Twelfth : Penalty for allowing
illicit cultivation.-- Any police darogah who shall
knowingly permit the cultivation of the poppy within his jurisdiction, or who
shall be convicted of conniving in any respect at the illicit cultivation of
the poppy, shall, besides being liable to dismissal from office for neglect of
duty, be further subject, on conviction before the Magistrate of the Zila, to
the payment of the fine stated in [Act XIII of 1857,[25] Section
21][26]for
whatever quantity of land shall have been so illegally cultivated within his
jurisdiction within his knowledge or connivance; and the fine, if not duly paid
shall be commutable to imprisonment for a period not exceeding six month. Miscellaneous Rules Regarding
Forts, Armed Men, Military Stores, Dress of Sepoys or Lascars, and [27][*
* *] Public Roads [28][*
* *]. The darogahs of police shall
uniformly report to the Magistrates whenever any individuals within their
respective jurisdictions may entertain in their service any extraordinary
number of armed men, or may commence building or repairing any fort or garhi, or
collecting together any quantity of arms, ammunition or military stores. Second : To apprehend
unauthorized persons dressed in uniform of sepoys.-- The Darogahs of police are
required to apprehend and send to the Magistrate all persons not actully in the [29][military
service of the [30](Government)
or belonging to persons specially exempted by Government from the operation of
the rule obtained in the section above mentioned, who may be found dressed in
the uniform of the [31][sepoys
or lascars in the service of the (Government)],[32]or
in a dress so nearly approaching to that uniform as to enable the persons
wearing it to impose themselves on the country people for sepoys and lascars. Third? [Unauthorized wearing of
uniform.].--Repealed by Act XVI of 1874. Fourth? [Darogahs to apprehend persons
wearing badges.]?Repealed by Act XVIII of 1835. Fifth : Darogahs to report
encroachments on public roads.-- The darogahs of police shall
prevent all encroachments on the public roads, and shall, at the same time,
report the circumstances of each case for the information of the Magistrate,
and record an abstract of the same in his thanadari proceedings. Sixth? [Arrest of persons dangerously
insane.]?Repealed by Act XVI of 1874. [Judges of Circuit and Europeans.]?Repealed
by Act XVI of 1874. [Despatches of treasure.]?Repealed
by Act XII of 1876. [Rules relating generally to
landholders, managers of estates, etc., polic of cities.]?Repealed by Act XVI of 1874. APPENDIX[33] FORM NO.
13[34] Recognizance to be taken from a
witness Whereas I.................,
inhabitant of....................have been named as a witness in the case
of.........................I hereby engage to appear before the Magistrate of
the zila [or city] of......................... on or before
the..........................for the purpose of giving evidence; in default
whereof I hereby further bind myself to pay such fine to Government as the
Magistrate may Judge proper to impose upon me, as well as any expense that may
be incurred in consequence of my non-attendance, for compelling my appearance :
in this I will not fail. Dated [according to the current era]. [1] Short title given by Act 1 of 1903. [2] The words "for modyfying the existing Rules
concerning the Resistance or Evasion of Criminal Process and for requiring
further aid to the police in certain cases, from Proprietors and Fanners of
Land and their Local Managers, as well as from the Mundals and other Heads of
Villages" Repealed by Act XII of 1891. [3] Substituted for "Commercial, Salt and Opium
Departments" by Act XII of 1891. [4] ?Substituted by
ibid. for "those Departments". [5] The word "weaver", the words "engaged in
the provision of the Company's investments or" the word
"commercial" and the words "commercial resident" were
Repealed by Act XVI of 1874. [6] The words "manufacturer, molungee or any" before
"officer" and the words "Salt or" in both the places
Repealed by Act XII of 1876. [7] The word "weaver", the words "engaged in
the provision of the Company's investments or" the word
"commercial" and the words "commercial resident" were
Repealed by Act XVI of 1874. [8] The word "weaver", the words "engaged in
the provision of the Company's investments or" the word
"commercial" and the words "commercial resident" were
Repealed by Act XVI of 1874. [9] The words "manufacturer, molungee or any" before
"officer" and the words "Salt or" in both the places
Repealed by Act XII of 1876. [10] The word "weaver", the words "engaged in
the provision of the Company's investments or" the word
"commercial" and the words "commercial resident" were
Repealed by Act XVI of 1874. [11] The words "manufacturer, molungee or any" before
"officer" and the words "Salt or" in both the places
Repealed by Act XII of 1876. [12] The word "Native" omit by the A.L.O. 1950. [13] The words "Commercial" and "Salt or"
were Repealed by Acts XVI of 1874 and XII of 1876, respectively. [14] The word "weavers" and the words
"manufacturers, molungees or to" were respectively Repealed by Acts
XVI of 1874 and XII of 1876. [15] ?The word
"engaged in the provision of the Company's investment or" were
Repealed by Act XVI of 1874. [16] The word "commercial" and the words "Salt
or" were Repealed by Acts XVI of 1874 and XII of 1876 respectively. [17] The words "Commercial Resident" and the words
"Salt or" were respectively Repealed ibid. [18] The word "Native" Omitted by the A.L.O. 1950. [19] The words "Commercial Resident" and the words
"Salt or" were respectively Repealed ibid. [20] The words "weaver" and "molungee or any
other manufacturer or" Repealed by Acts XVI of 1874 and XII of 1876,
respectively. The word "any" after the Repealed word "or"
is omit, as being redundant. [21] ?The word
"engaged in the provision of the Company's investment or" were
Repealed by Act XVI of 1874. [22] The word "commercial" and the words "Salt
or" were Repealed by Acts XVI of 1874 and XII of 1876 respectively. [23] The words "Commercial Resident" and "Salt
or" Repealed by Acts XVI of 1874 and XII of 1876 respectively. [24] The words "as required by the provisions of
Regulation XIII, 1816, which are herein recapitulated for their information and
guidance" Repealed by Act XVI of 1874. [25] Infra. [26] Substituted for the words, "S. XXXI, Regulation XIII,
1816", by Act XII of 1891. [27] The word "Badges" and the words "and insane
persons" after "Roads" Repealed by ibid. [28] The word "Badges" and the words "and insane
persons" after "Roads" Repealed by ibid. [29] Substituted by the A. L. O. 1937 for "Hon'ble
Company's military service." [30] Substituted by the A.L.O. 1950 for "Crown". [31] Substituted by the A.L.O. 1950 for "Crown". [32] ?Substituted by the
A.L.O. 1937 for "Company's sepoys or lascars." [33] Forms 1,4,5,7,9
to 12 and 15 to 21 Repealed by Act XII of 1891. Forms 2,3,8 and "14
Repealed by Ben. Reg. VII of 1829, and Form 6 by the N.W.P. Village and Road
Police Act, 1873 (Act XVI of 1873). [34] See
Section29, Clauses third, supra.THE BENGAL POLICE REGULATION, 1817[1]
PREAMBLE