3. According to the Code of Criminal Procedure, any officer and above of the rank of Head constable can function as the Station House Officer in-charge of the Police Station in the absence of Police Sub-Inspector, the senior most Asst Sub-Inspector present at the Police Station or the senior most Head constable present functions as the Station House Officer. (Section 2 (0) of the Code of Criminal Procedure).
4. If the complaint/ information is given orally, it is the duty of the Station House Officer of the Police Station approached to reduce the said complaint into writing read it over to the complainant and on his or her acceptance about the correctness of the recorded statement, obtain his or her signature and issue the FIR.
5. If any Station House Officer refuses to take cognizance of the complaint which discloses a cognizable offence, the concerned citizen can send the substance of such information in wirting by post or hand it over in person to the Superintendent of Police of the district having jurisdiction over that Police Station. The concerned Superintendent of Police, if satisfied that information disclosed the commission of a cognizable offence, shall either investigate the case himself/ herself or direct an investigation to be made by any Police Officer sub-ordinate to him/her (Section 154 Cr.PC).
6. In case , the complaint made to the police Officer by the citizen does not disclose the commission of any cognizable offence, the concerned Police Officer in-charge of the Police Station can refuse investigation into the complaint. He shall enter or cause to be enter the substance of the information disclosing a non cognizable offence in station diary, refer the informant to the magistrate (Section 155 (1) Cr.PC).
7. If such complaint is made in writing, the Station House Officer of the Police Station must issue an acknowledgement for having received the complaint.
8. If the complainant is not satisfied by the refusal of the Police to register a case on his or her complaint, he or she can approach the court and if directed by the court in writing, the concerned Police Officer shall register the case and investigate as per orders of the court. In such cases non cognizable cases, the Police Officer does not have power to arrest without warrant.
9. If the Officer incharge is satisfied that there are no sufficient grounds to investigate the case, he can record his reason in the F.I.R. and inform the complainant to that effect and send a copy of the F.I.R. to the Court and also issue an endorsement to the complainant to this effect. (157 (b) Cr. P.C).
10. In case, the place of occurrence of the offence does not fall in the jurisdiction of the Police Station at which the Complaint has been made or the FIR has been registered, the Station House Officer after registering the F.I.R., should transfer the case to the Police Station having jurisdiction over the place of occurrence and inform the complainant regarding this transfer. This fact has to be mentioned in the F.I.R. itself. On the ground of jurisdiction alone, issue of F.I.R. should not be refused or delayed.
11. After completion of investigation the investigating, officer should send written information under acknowledgement to the complainant informing him of the exact nature of the final report of the investigation in the case. (Section 173 (2)(i) Cr. P.C)
12. In the event of the complaint being closed as false or mistake of fact or mistake of law or undetected, the complainant has the right to challenge the Police report in the court.
13. A Police Officer investigating the case has the power to secure the attendance of any person who appears to be acquainted with the facts and circumstances of the case and examine such person. No woman or male person under the age of 15 years shall be required to attend at any place other than the place in which such male person or woman resides. (Section 160 Cr. P.C)
16. A Police officer may without an order from a Magistrate and without warrant, arrest any person under section 41 & 42 of the Cr. P.C. According to section 41 of the Cr. P.C any Police Officer may without an order from a Magistrate and without a warrant, arrest any person
(a) Who has been concerned in any cognizable offence, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been so concerned;
(b) Who has in his possession without lawful excuse the burden of providing which excuse shall lie on such person, and implement of house breaking; or
(c) Who has been proclaimed as on offender either under this Code or by order of the State Government; or
(d) In whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing; or
(e) Who obstructs a police officer while in the execution of his duty, or has escaped, or attempts to escape, from lawful custody; or
(f) Who is reasonably suspected of being a deserter from any of the Armed forces of the Union; or
(g) Who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, .or a reasonable/suspicion exists, of his having been concerned in, any act committed at any place out of India which, if committed in India, would have been punishable as an offence, and for which he is under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India; or
(h) Who being a released convict, commits a breach of any rule, made under sub-section (5) of Section 356 of the code of criminal procedure ; or
(i) For whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears there from that the person might lawfully be arrested without a warrant by the officer who issued the requisition.
(j) any officer in-charge of a police station may, in like manner, arrest, or cause to be arrested any persons, belonging to one or more of the categories of persons specified in Section 109 or Section 110.
18.According to section 42 of the Code of Criminal Procedure,
(a)When any person who, in the presence of a police officer, has committed or has been accused of committing a non-cognizable offence refuses, on demand of such officer, to give his name and residence or gives a name or residence which such officer has reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained.
(b) When the true name and residence of such person have been ascertained, he shall be released on his executing a bond, with or without sureties, to appear before a Magistrate if so required; Provided that, if such person is not resident in India, the bond shall be secured by a surety or sureties resident in India.
(c) Should the true name and residence of such person not be ascertained within twenty-four hours from the time of arrest or should he fail to execute the bond, or, if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction.
ARREST BY PRIVATE PERSON
19. Any citizen may also arrest any person under the circumstances listed in section 43 of the code of Criminal Procedure. According this section;
(1) Any private person may arrest or cause to be arrested any person who in his presence commits a non-bail able and cognizable offence, or any proclaimed offender, and, without unnecessary delay, shall make over or cause to be made over any person so arrested to a police officer, or, in the absence of a police officer take such person or cause him to be taken in custody to the nearest police station.
(2) If there is reason to believe that such person comes under the provisions of Section 41, a police officer shall re-arrest him.
(3) If there is reason to believe that he has committed a non cognizable offence, and he refuse on the demand of Police officer to give his name and residence, or gives a name or residence which such officer has reason to believe to be false, he shall be dealt with under the provisions of Section 42 ; but if there is no sufficient reason to believe that he has committed any offence, he shall be at once released.
20. While making the arrest of any person, the following steps are required to be taken.
(a) The Police Personnel carrying out the arrest and handling the interrogation of the arrestee should bear accurate, visible and clear identification and name tags with their designations.
(b) The Police officer carrying out the arrest of the arrestee shall prepare a memo of arrest at the time of arrest and such memo shall be attested by at least one witness, who may be either a member of the family of the arrestee or a respectable person of the locality from where the arrest is made. It shall also be counter -signed by the arrestee and shall contain the time and date of arrest.
(c) A person who has been arrested or detained and is being held in custody in a Police Station or interrogation center or other lock-up, shall be entitled to have one friend or relative or other persons known to him or having interest in his welfare being informed , as soon as practicable, that he has been arrested and is being detained at the particular place, unless the attesting witness of the memo of arrest is himself such a friend or a relative of the arrestee.
(d) The time, place of arrest and venue of custody of an arrestee must be notified by the Police where the friend or relative of the arrestee lives outside the district or town through the Legal Aid organization in the District and the Police Station of the area concerned telegraphically within a period of 8 to 12 hours after the arrest.
(e)The person arrested must be made aware of this right to have some one informed of his arrest or detention as soon as he is put under arrestor is detained,
(f)An entry must be made in the diary regarding the arrest of the person which shall also disclose the name of the friend who has been informed of the, arrest and the names and particulars of the Police officials in whose custody the arrestee is.
(g) The arrestee should, where he so requests, be also examined at the, time of his arrest and major and minor injuries, if any present on his/her body, must be recorded at that time. The" Inspection Memo" must be signed both by the arrestee and the Police Officer effecting the arrest and its copy provided to the arrestee.
(h) The arrestee should be subjected to medical examination by a Government doctor every 48 hours during his detention in custody.
(i) Copies of all the documents including the memo for arrest, referred to above, should be sent to the jurisdictional Magistrate for his record,
(j)The arrestee! may be permitted to meet his lawyer during interrogation, though not throughout the interrogation.
(k) Information regarding the arrest and the place of custody of the arrestee shall be communicated within 12 hours of effecting the arrest to police control room, This information should be displayed On the notice board near the Control Room.
21. Any person accused of a bail able offence and arrested or detained without warrant by an officer in-charge of the Police Station or such person is brought before the court and he is prepared at any time while in custody of such officer or at any stage of the proceeding before such court to give bail, such person shall be released on bail.
22. Properties recovered by Police are to be returned to the claimant or the owner through a court order. The claimant has to file an application in the court. The court normally asks for the opinion of the Police. Normally, the court insists on an indemnity bond to the effect that the property would be produced before the court as and when required. Police on their own can not release the seized properties to the claimant.
23. Whenever a Police Officer conducts a search of any place or person as authorized under the Law, he should prepare a search list indicating the articles seized from the premises or the person as the case may be in the presence of two witnesses who belong to the area where the search was conducted. A copy of the search list should be given to the owner of the place or the person from whom the seizure was made.
24. If the person who is suspected to be concealing any article for which a search is required to be done happens to be a woman, the search shall be made by another woman with strict regard to decency.
25. In a situation in which a person traveling by train loses his property, the concerned person may lodge a complaint at any place en route on the train journey irrespective of the exact place where the property might have been lost. Such complaint may be made by the passenger to the traveling Train Ticket Examiner on the train / train Guard or with the. Railway Police Constable / Head Constable or any other Police Officer who may be On duty on the train regarding such a loss. the concerned passenger should give his full postal address and telephone number where he may be contacted in case of recovery of such property or for further investigation about the loss of the property. After receipt of such complaint, the concerned Train Ticket Examiner / Train Guard or Railway Police Officer is bound to get the case registered at the immediate next railway police station. It is the duty of the Railway Police Station Officer receiving such complaint firstly to register the case and to get the investigation done by the competent police officer having jurisdiction. The concerned passenger who makes the complaint need not take the trouble of going to the jurisdictional Railway.