In exercise of the powers conferred by
Section 2 of the Police Act, 1861 (Act 5 of 1861) read with Section 174 of the
Code of Criminal Procedure, 1973 (Act 2 of 1974) and Section 21 of the General
Clauses Act, 1897 (Act 10 of 1897), the Governor is pleased to make the
following amendments in the Uttar Pradesh Police Regulations, 1861 for
effective implementation of the said Act, for inclusion of body sketches in the
post-mortem report and photograph and videography of the post-mortem of the
deceased in cases of police actions or death in police custody to include
provisions relating to making site plan of crime scene. (1)
These
regulations may be called the Uttar Pradesh Police (Amendment) Regulations,
2022. (2)
They
shall be applicable to the whole of Uttar Pradesh. (3)
They
shall come into force with immediate effect. In the Uttar Pradesh Police Regulations, 1861
(hereinafter referred to as the "said regulations" for Regulation 114
the following regulation in Column II shall be substituted, namely Para-114. Scene Mahazar/Spot Panchanama (i)
A
site plan of the place of occurrence of an incident shall be appended by the
Investigating Officer to the scene mahazar or spot panchnama. (ii)
The
site plan shall be prepared by the Investigating Officer by hand, and shall
disclose (a)
the
place of occurrence; (b)
the
place where the body (or bodies) was/were found; (c)
the
place where material exhibits and/or weapons; blood stains and/or body fluids
had fallen; (d)
the
place where bullet shells, if any, were found or have caused impact; (e)
the
source of light, if any; (f)
adjoining
natural and man-made structures or features such as walls, pits, fences,
trees/bushes, if any; and (g)
elevation
of structures and their location. (iii)
The
preparation of this sketch by the Investigating Officer shall be followed by a
scaled site plan prepared by police draftsman, if available, or such other
authorized or nominated draftsman by the State Government, who shall prepare
the scaled site plan after visiting the spot. (iv)
The
relevant details in the mahazar or panchnama shall be marked and correlated in
the said site plan. In the said regulations, after Regulation 139
the following new regulation shall be inserted, namely "139 (A). Photographs and videographs of
post-mortem in certain cases.- (i)
In
case of death of a person in police action [under Section 46 Criminal Procedure
Code, 1973. ('Cr.P.C.) or Sections 129 to 131 Cr.P.C.] or death while in police
custody, the Magistrate or the Investigating Officer, as the case may be, shall
inform the hospital or doctor in charge to arrange for photographs or
videography for conducting the post-mortem examination of the deceased. The
photographs of the deceased shall also be arranged to be taken in all cases. (ii)
Such
photograph and videographs shall be taken either by arranging a police
photographer or a nominated photographer of the State Government, and where
neither of the above are available, an independent or private photographer
shall be engaged. (iii)
Such
photographs or videographs shall be seized under a panchnama or seizure memo
and all steps taken to ensure proper proof of such photographs/videographs
during trial. (iv)
The
Investigating Officer shall ensure that such photographs and videographs, if
taken electronically, are seized under a panchnama or seizure memo and steps
are taken to preserve the original, and ensure that certificate under Section
65B Indian Evidence Act, 1872 is obtained and taken to be proved during trial. (v)
The
video or photographs shall be stored on a separate memory card, accompanied by
a duly certified certificate under Section 65B Indian Evidence Act, 1872. (vi)
Where
post-mortems are recorded in electronic form, the file containing the
post-mortem proceedings, duly certified, should be placed with the memory card
as an attachment unless individual memory cards are not capable of being
produced before Court." In the said regulations for Regulation 144
the regulation shall be substituted, namely 144. Injury or
post-mortem report made by the Medical Officer. (i)
The
Medical Officer shall prepare an injury or post-mortem report in triplicate.
The original copy of the report will be forwarded to the Superintendent of
Police through the normal channel, the duplicate copy will be handed over in a
sealed cover to the constable accompanying the injured or the dead body, and
the third copy will be retained by the Medical Officer as the office copy. (ii)
Body
sketch to accompany Medico Legal Certificate, Post-Mortem Report and Inquest
Report-Every Medico Legal Certificate, Post-Mortem Report shall contain a
printed format of the human body on its reverse and injuries, if any, shall be
indicated on such sketch. Explanation. The printed format of the human
body shall contain both a frontal and rear view of the human body, as prescribed
in Appendix HI-A. (iii)
If
in the course of investigation, it becomes necessary to seek information on
certain points pertaining to the injury or post-mortem report, the
Superintendent of Police may depute an officer not below the rank of Sub
Inspector of Police, with a written letter of request, to obtain such
information from the Medical Officer who had prepared the injury or post-mortem
report. The Medical Officer shall supply the information and keep a record of
such replies. In the said regulations, after Appendix-III
the following Appendix-III-A shall be inserted, namely APPENDIX III A Full Body :
Male-Anterior and Posterior Views (Ventral and dorsal) Name..................................Case No................................ Date................................. Full Body: Female-Anterior and Posterior
Views Name..................................Case
No................................ Date................................. Head-Surface and Skeletal Anatomy : Lateral
View Name..................................Case
No................................ Date..................... Inner view of skull Name..................................Case
No................................ Date.................................UTTAR
PRADESH POLICE (AMENDMENT) REGULATIONS, 2022
PREAMBLE