Loading...
Are you looking for a legal research tool ?
Get Started
Do check other products like LIBIL, a legal due diligence tool to get a litigation check report and Case Management tool to monitor and collaborate on cases.

UTTAR PRADESH POLICE (AMENDMENT) REGULATIONS, 2022

UTTAR PRADESH POLICE (AMENDMENT) REGULATIONS, 2022

UTTAR PRADESH POLICE (AMENDMENT) REGULATIONS, 2022

 

PREAMBLE

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.

Regulation - 1. Short Title, Extent and Commencement.

(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.

Regulation - 2. Amendment of Regulation 114.

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.

Regulation - 3. Insertion of New Regulation 139 (A).

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."

Regulation - 4. Amendment of Regulation 144.

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.

Regulation - 5. Insertion of New Appendix III-A.

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.................................