I. BASIC DUTIES AND RESPONSIBILITIES OF POLICE:
Basic duties of the Police are maintenance of Law and Order, Peace and Harmony in the community, Prevention and Detection of Crime, Traffic management and enforcement of various laws of the land.
II. BRIEF ORGANISATIONAL SET UP OF MIZORAM POLICE:
The Mizoram Police Force is headed by the Director General of Police (DGP) assisted by Officers in the Headquarters and Officers-in-Charges of special and various field units as shown in the organization chart at Annexure-I. The Police administration in the Districts is headed by an Officer of the rank of Superintendent of Police. A group of Districts and Armed Battalions are put under two Ranges, each headed by an Officer of the rank of Deputy Inspector General of Police.
The State’s Police Headquarters is situated in the heart of Aizawl City at Khatla, where the Offices of the DGP, Addl.DGP/IGP. DIG (Hqrs). DIG (NR), DIG (Trg), AIG-I, AIG- II and AIG-III are all accommodated including the Office of the Superintendent of Police (Wireless).
III. CITIZENS’ RIGHTS
The citizens have certain rights with reference to the duties of the Police. The constitution and procedure prescribed by the rule of law provide legal safeguards against arbitrary exercise of power by police. As a step towards transparency and accountability in administration, citizens’ rights with reference to the duties to be performed by the Police Officers in Mizoram have been listed as under:
(1) Any citizen who has knowledge of preparation or commission of any crime or who has any complaint to make with reference to the duties of the Police can approach the Police Station and give such information available with him or her.
(2) If any such information furnished to the Police Station discloses commission of a cognizable offence, a First Information Report (FIR) shall be issued by the Officer – In-Charge of the Police Station and a copy of he same shall be given forthwith to the complainant who gave the information leading to the registration of the FIR free of cost (Section 2) Code of Criminal Procedures, 1973). Offences against Law are classified into two heads (a) Cognizable and (b) Non- Cognizable. Offences under the Indian Penal Code or Special and other local laws in which Police Officers are authorized to arrest without warrant are cognizable. Other offences are non-cognizable.
(3) If the complaint/information is given orally, it is the duty of the Officer-in-Charge of the Police Station 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.
(4) If such a complaint is made in writing, the Officer-in- Charge of the Police Station must issue an acknowledgement for having received the complaint.
(5) In case, the complaint made to the Police Officers by the citizens 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. (Section 157(1 )(b) of the Code of Criminal Procedure, 1973).
(6) If the Officer-in-Charge is satisfied that there is no sufficient ground to investigate the case, he can record his reason in the FIR and inform the complainant to that effect and send a copy of the FIR to the Court and also issue an endorsement to the complainant to this effect.
(7) If any Officer-in-Charge refuses to take cognizance of the complaint which discloses a cognizable offence, the concerned citizen can send the substance of the complaint in writing 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 such information disclosed the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any Police Officer sub¬ordinate to him (section 154(3) of Code of Criminal Procedure, 1973).
(8) If the complainant is not satisfied by the refusal of the Police to register a case on his complaint, he 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. On such cases, the Police Officer does not have power to arrest without warrant.
(9) 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 Officer-in-Charge after registering the FIR, 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 FIR itself. On the ground of jurisdiction alone, issue of FIR should not be refused or delayed.
2. INVESTIGATION OF CASES:
(1) Police Officer investigating a case should keep the complainant informed in writing, regarding progress made in the investigation of grave crimes and interact with the victims or their kith and kin once in a month.
(2) 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.
(3) No woman or male person under the age of 15 years shall be required to attend at any place other than the place in such woman or male person resides. (Section 160(1) of Code of Criminal Procedure, 1973).
(4) After completion of investigation the Investigation 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.
(5) 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.ARREST BY POLICE:
(5) 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.
3. ARREST BY POLICE:
(1) A Police Officer may without an order from a Magistrate and without warrant, arrest any person under section 41 and 42 of the Code of Criminal Procedure, 1973.
(2) As provided under section 41 of the Code of Criminal Procedure 1973, any Police Officer may without an order from a Magistrate and without 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; or
(b) who has in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of house-breaking; or
(c) who has been proclaimed as an offender either under the Code of Criminal Procedure, 1973 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 who 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, 1973; 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.
Any Officer-in-Charge of a Police Station may, in like manner, arrest or cause to be arrested any person, belonging to one or more of the categories of persons specified in section 109 or section 110 of the Code of Criminal Procedure, 1973.
(3) According to section 42 of the Code of Criminal Procedure, 1973,
(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 be failed to execute the bond, or, if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction.
4. ARREST BY THE CITIZEN:
Any citizen may also arrest any person under the circumstances listed in section 43 of the Code of Criminal Procedure, 1973 as under:-
(1) Any private person may arrest or cause to be arrested any person who in his presence commits a non-bailable 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 of the Code of Criminal Procedure 1973, a Police Officer shall re-arrest him.
(3) If there is reason to believe that he has committed a non-cognizable offence, and he refuses 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 of the Code of Criminal Procedure, 1973, but if there is no sufficient reason to believe that he has committed any offence, he shall be at once released.
5. PROCEDURE OF ARREST:
While making arrest of any person, the following steps are required to be taken:
(1) 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 designation. The particulars of all such Police personnel who handle interrogation of the arrestee must be recorded in a register.
(2) The Police Officer carrying out the arrest 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 countersigned by the arrestee and shall contain the time and date of arrest.
(3) A person who has been arrested or detained and is being held in custody in a Police Station or interrogation centre or other lock-up, shall be entitled to have one friend or relative or other person 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 such a friend or relative of the arrestee.
(4) 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 Police Station of the area concerned telegraphically or telephonically within a period of 8 to 12 hours after the arrest.
(5) The person arrested must be made aware of his right to have someone informed of his arrest or detention as soon as he is put under arrest or is detained.
(6) The person arrested must be forthwith informed of full particulars of the offence for which he is arrested or other grounds for such arrest. If the person arrested is other than a person accused of a non-bailable offence, the arrestee should also be informed that he is entitled to be released on bail and that he may arrange for sureties on his behalf.(section 50 of the Code of Criminal Procedure, 1973).
(7) An entry must be made in the General 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.
(8) The arrestee should, if he so requests, be 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 furnished to the arrestee.
(9) The arrestee should be subjected to medical examinations by Doctors every 48 hours by a Government Doctor during his detention in custody.
(10) Copies of all the documents including the memo of arrest, referred to above, should be sent to the Magistrate having jurisdiction for his record.
(11) The arrestee must be permitted to meet his lawyer during interrogation, though not throughout the interrogation.
(12) A Police Control Room should be provided at all districts and state headquarters where information regarding the arrest and the place of custody of the arrestee shall be communicated by the officer causing the arrest, within 12 hours of effecting the arrest and at the Police Control Room it should be displayed on a conspicuous Notice Board.
(13) Whenever a person is arrested and could not avail bail due to any reason, the Police Officer who effected the arrest may search such person and place in safe custody of all articles, other than necessary wearing apparel, found on him and a receipt showing the articles taken in possession by the Police Officer shall be given to such person (Section 51 (1) of the Code Criminal Procedure, 1973)
(14) Whenever it is necessary to cause a female to be searched, the search shall be made by another female with strict regard to decency. (Section 51 (2) of the Code Criminal Procedure, 1973
(15) Any person accused of a bailable 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.
6. SEARCH AND SEIZURE:
(1) Any Police Officer may seize any property which may be alleged or suspected to have been stolen or which may create suspicion of the commission of any offence,
(2) Every such Police Officer effecting seizure shall forthwith report the seizure to the Magistrate having jurisdiction.
(3) Where the property seized is such that it cannot be conveniently transported to the court, the Police Officer may give custody thereof to any person on his executing a bond undertaking to produce the property before the Court as and when required (section 102 of Code of Criminal Procedure 1973).
(4) Whenever a Police Officer requires a search of any place or person as authorized under the law, any such person, being in charge of that place, shall on confirmation from such Police Officer of search warrant, allow free ingress and afford all reasonable facilities for a search therein (section 100(1) of Code of Criminal Procedure 1973).
(5) If ingress into such place cannot be so obtained, the officer executing warrant may break open any outer or inner door or window of any house or place in order to affect an entrance into such place (Section 47 and 100(2) of Code of Criminal Procedure 1973).
(6) Before making such search, the officer shall call upon two or more independent and respectable inhabitants of the locality or other locality if no such local inhabitant is available to be witness to the search (section 100(4) of Code of Criminal Procedure 1973).
(7) A list of all things seized in the course of such search and of the places in which they are found shall be prepared by such Officer and signed by such witnesses and the copy shall be given to owner of the place or the person from whom seizure was made, (section 100(5) (6) (7) of Code of Criminal Procedure 1973).
(8) No person witnessing a search under section 100 of Code of Criminal Procedure 1973 shall be required o attend the Court as witness of the search unless specifically summoned by it.
(9) Any person who refuses to witness a search shall be deemed to have committed an offence under section 187 of the Indian Penal Code (45 of 1860).
7. CONSTITUTIONAL AND LEGAL SAFEGUARDS TO PEOPLE
Important constitutional and legal safeguards available against arbitrary law enforcement are as under:
1) Article 20 of the constitution of India prohibits:
(a) Conviction or greater sentence for an offence under ex-post facto criminal laws.
(b) Prosecution and punishment for the same offence more than once.
(c) Compelling a person accused of any offence to be a witness against himself.
2) Article 22 guarantees to a person arrested for any offence:
(a) Right to be informed as soon as arrest of the grounds of arrest.
(b) Right of freedom to consult and to be represented by a lawyer of his own choice.
(c) Right to be produced before a Magistrate within 24 hours of arrest and detention beyond the said period only on the order of the Magistrate.
3) Free legal aid is provided not only when trial commences but also during police custody or during production before the magistrate to the following persons who cannot afford the same:
(a) A member of Scheduled Caste or Scheduled Tribe;
(b) A victim of trafficking in human beings or beggar as referred to in Article 23 of the constitution;
(c) A woman or a child;
(d) Mentally ill or otherwise disabled person;
(e) A person under circumstances of undeserved want such as being a victim of a mass disaster, ethnic violence, caste at, ocity, flood, drought, earthquake or industrial disaster; or
(f) On industrial workman; or
(g) In custody including custody in a Protective Home within the meaning of clause (g) of section 2 of the Immoral Traffic (Prevention) Act, 1956, or in a juvenile home within the meaning of clause (g) of section of the Juvenile Act, 1986 or in a psychiatric hospital or psychiatric nursing home within the meaning of clause (g) of section 2 of the Mental Health Act, 1987; or
(h) A citizen of India whose annual income from all sources does not exceed fifty thousand rupees.
4) Section 50 of the Code of Criminal Procedure, 1973 provides for communication of:
a) Grounds of arrest to the accused person.
b) Right to be released on bail if a person is arrested not for a non-bailable offence and that he may arrange for sureties on his behalf,
5) Section 49, 54, 56 and 76 of Code of Criminal Procedure 1973 also prevent arbitrary exercise of power to arrest as under:
(a) An arrested person cannot be subjected to more restraint than is necessary to prevent his escape (Section 49 of Code of Criminal Procedure 1973)
(b) Use of handcuffs is permitted only in exceptional cases to prevent escape or violence keeping in view the propensity of the arrested person.
(c) Medical examination of the accused by a Medical practitioner at the request of the accused is provided under Section 54 of Code of Criminal Procedure, 1973.
(d) Person arrested without warrant shall be taken, subject to provisions regarding bail, before a magistrate or the Officer-in-Charge of a Police Station without any unnecessary delay (section 56 of Code of Criminal Procedure, 1973)
(e) No Police Officer shall detains in custody a person arrested without warrant beyond 24 hours in the absence of a special order of a magistrate under section 167 of the Code of Criminal Procedure, 1973 (section 56 of Coder of Criminal Procedure, 1973).
(f) Person arrested in executing warrant should be produced before a Magistrate within 24 hours (Section 76 of Code of Criminal Procedure, 1973).
6) Section 47, 51, 100 and 165 of Code of Criminal Procedure, 1973 also provides safeguards in respect of search and seizure as under:
(a) Articles seized from a person or arrested person should be placed in a safe custody and such receipt showing the articles taken into possession by the Police Officer shall be given to such person (Section 51 of Code of Criminal Procedure, 1973)
(b) Search should be conducted in presence of two or more independent witness along with occupant or his representative of the place searched and a list of all things seized in the course of such search shall be prepared and signed by such witnesses. The copy of list of seized articles should be provided to the person searched (Section 100 and 165 of Code of Criminal Procedure, 1973).
7) Section 436, 437, 438, 50(2) and 167 of Code of Criminal Procedure 1973 provide for the procedure for release on bail of arrested person:-
(a) Bail, on production of Proper surety/bond, is a matter of right in case of bailable offence (section 436 of Code of Criminal Procedure, 1973).
(b) In non-bailable cases, the arrested person or his counsel can move the appropriate Court for bail, which may be granted or denied keeping in view of the legal provisions and the facts and circumstances of the cases.
8. SPECIAL RIGHTS OF WOMEN AND CHILDREN
(1) A woman can be searched, only by another woman with strict regard to decency (section 51 and 100 of Code of Criminal Procedure 1973).
(2) Any female occupant, who as per custom does not appear in public and not being the persons to be arrested, has to be afforded reasonable opportunity to withdraw before entering a place for arresting a person who may be hiding there. (Section 47 of Code of Criminal Procedure, 1973).
(3) No male under the age of 15 years or a woman can be summoned by Police as witnesses to depose about the facts and circumstances in a case under investigation at any place other than the place in which such male person or woman resides (section 160 of Code of Criminal Procedure, 1973).
(4) Nothing is an offence which is done by a child under seven years of age (section 82 of Indian Penal Code 1860)
(5) Nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct on that occasion (section 83 of Indian Penal Code, 1860).
(6) The Juvenile Justice (Care and Protection of Children) Act, 2000 inter alia prohibits:-
(a) Lodging of children in jails and Police lock-up and lays down procedures including special norms for investigation and trial in cases of juvenile crimes.
(b) Publication of names and other details of juveniles who are involved in any proceeding under the Act.
(c) Trial of juvenile with adults.
(d) Trial of Juvenile Justice shall be done by juvenile Board and normally a juvenile shall not be denied bail.
IV. DUTIES AND RESPONSIBILITIES OF POLICE IN MAINTENANCE OF LAW AND ORDER
- While on duty, Police Officers shall be accessible to members of public.
- It is the duty of every Police Officer in charge of an area to keep it peaceful and the public satisfied with the security afforded to persons and properties.
- The jurisdiction of every Police Station is normally divided into convenient areas for service of beats by the Officer-in-Charge by deputing Police constables/ Head constables.
- It is the duty of every Police Officer to take all steps necessary, in proper time, to prevent breach of peace as serious riots. In the event, it takes place; all measurers shall be taken by him with utmost speed to bring the situation back to normal.
- Every Police Officer shall maintain close liaison with the important citizens of the area through Citizen’s Committee and Peace Committee for the maintenance of peace in the area.
- It is duty of every Police Officer to take firm action against anti social elements, goondas, bad characters and rowdies in the area.
- It is duty of the Police to maintain public order during fairs and festivals, public functions, processions, strikes, agitations etc.
- No Police Officer shall discriminate on grounds of race, caste, community, language, religion, region, sex or political affiliation.
- Police Officers may be deputed for a short duration, to maintain order and peace at places of entertainment, etc by charging fees according to the scale fixed by the government from time to time.
- Citizens may contribute to the general well being of the society by rendering all assistance, cooperation and by providing information to Police Officers for the maintenance of law and order and prevention of breach of peace.
- Calamity and Disaster:
It is the duty of every Police Officer to render such measures as appear necessary for the preservation of life and property and the maintenance of law and order. All possible assistance should be rendered by the Police to the victims of natural calamities and other disaster like landslides, earthquake, storms, flood, drought, road accidents etc.
V. UNNATURAL DEATHS:
Under the Law, the Police Officers are required to find out the cause of death in cases where they receive information that a person – (a) has committed suicide or (b) has been killed by another person or by an animal or machinery or by an accident or (c) has died under circumstances raising a reasonable suspicion of foul play. If the body is unidentified the Investigating Officer makes a record of the descriptive particulars of the dead-body and takes the photograph and finger impression of the deceased. These descriptive particulars are circulated to all the surrounding stations. An inventory is prepared regarding the articles of clothing, jewellery, documents and other articles found on or near the dead body. The dead body is forwarded to the competent Medical Officer for the purpose of Post-Mortem Examination. In case the identity of the deceased is known, the relatives of the deceased are informed by the Police regarding the unnatural death. After the Medical Officer’s examination is completed, the Police shall, unless they have received orders from a Competent Authority to the contrary, hand over the dead body to the relatives or friends of the deceased.
- All Motors Vehicle accident where any person is injured or any property is damaged, the driver of the vehicle or other person in charge of the vehicle should report about the occurrence of the accident at the nearest Police Station as soon as possible and in any case within 24 hours of the occurrence.
- It is the duty of the drivers of the vehicles involved in an accident to take all reasonable steps to secure medical attention for the injured person.
- It is the duty of all the Registered Medial Practitioners to give medical assistance to any injured person involved in a road accident brought to him or her by any Police personnel or citizen.
- The Police Officer who first arrives on the scene of an accident should render such first aid as possible in respect of the injured person in the road accident and take immediate necessary steps to procure medical aid or send the injured person without loss of time to the nearest hospital or any registered medical practitioner for treatment.
- In case of accidents, property of the injured/deceased person should be handed over to the blood relatives or the acquaintance of the injured/deceased who establishes his proper identity by the Police Officer under proper acknowledgement.
- In all cases of road accidents, apart from a free copy of FIR as in all other cases, the complainant is entitled free of cost the following information in the prescribed proforma. Name of the Police Station, FIR number, Name of the accused, Name of the victim, Date and Time of occurrence, place of occurrence, Registration number, model and type of vehicle involved; Driver’s name and address; Driving License particulars, Owner’s name and address; Name of Insurance Company with which the vehicle is insured and Name of dependants in case of death of the victim. A copy of this proforma is also sent to the Legal Service Authority which decides about the compensation to be paid in the case.
- On payment of prescribed fee, the complainant or victim of a road accident or his or her representative can obtain the copies of the following documents from the Investigating Officer:
(1) Rough sketch of the spot;
(2) Report of Inspector of Motor Vehicles;
(3) Final Report of the investigation;
(4) Post Mortem Report in case of death;
(5) Inquest proceedings;
(6) Injury Certificate.
- The Police Officer can detain the vehicle involved in an accident till it is subjected to inspection by the Motors Vehicle Inspector. If the vehicle is seized by the Police Officer for the purpose of inspection, the vehicle should be got released through Court after obtaining Indemnity Bond.
- In all case of road accidents, there is a Motor Accident Claim Tribunal for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death of, or badly injury to persons or damages to any property of a third party so arising or both.
The Tribunal can be approached by:-
(1) The person who has sustained the injury; or
(2) The owner of the property; or
(3) Where death has resulted from the accident, by all or any of the legal representatives of the deceased; or
(4) Any agent duly authorized by the person injured or all or any of the legal representatives of the deceased as the case may be.
The application shall be made on behalf of or for the benefit of all the legal representatives of the deceased and the legal representatives who have not so joined shall be impleaded as respondent to the application.
- Persons with valid driving license issued by the District Transport Officer only can drive a motor vehicle.
- Owners of vehicle who allow their vehicle to be driven by persons without valid driving license are liable for prosecution.
- Police Officers of an above the rank of sub-inspector are empowered to impose fine in respect of violations under Motor Vehicles Act.
- When Police Officer in uniform demands production of a driving license, it should be produced by the concerned Motor Vehicle Driver. Police Officer is authorized to seize any document if he suspects that the document produced is a false document. Whenever such documents including the Driving License are seized, due acknowledgement should be given by the Police Officer who seized it.
VII. COMMUNITY SERVICES:
The community requires various types of Police Service which can be broadly divided into two categories, viz:-
(1) Emergency Services and
(2) Non-Emergency Services.
(1) Emergency services are required generally when crimes have occurred or there is urgent need of the Police to intervene for preventing breach of peace or social disorder which also includes registration of FIR and investigation of crimes at the Police Station level.
(2) Non-Emergency services include various services such as:-
(a) Passport verifications
(b) Issue of Police Clearance Certificate
(c) Passport enquiries
(d) Redressal of grievances and complaint.
(e) NOC for stolen vehicles.
(f) Service verification.
(g) Arm License verification.
(h) NOC for crackers license.
(i) Permissions for dharnas/rallies/processions etc.
(j) Permission for use of loud speakers.
(k) Marriage verification.
(l) Verification of liquor license.
(m) Registration of foreigners, visa extension, exit permits.
(n) Information about Foreigners in Hotels and Guest Houses in form ‘C’.
VIII. COMMUNITY POLICING:-
Community policing focuses on crime and social disorder through the delivery of police service that include traditional law enforcement as well as prevention, problem solving, community involvement and partnership. The community policing model balances reactive responses with pro-active problem solving, centered on the causes of the crime and disorder. Community policing requires police and citizens to join together as partners in the course of both identifying and effectively addressing issues.
There are three core elements of community policing, which are-
- Organizational Elements;
- Tactical Elements, and
- External Elements.
- Organizational Elements have the following ingredients:-
(a) Philosophy adopted there should be a philosophy of broad objectives of policing model which is reflected by mission statements, policy and procedures, performance evaluation, training programme and other system and activities that define organizational culture and activities of a particular police force.
(b) Decentralized decision making and accountability -field officers are given greater authority to solve problems but at the same time are accountable for their action.
(c) Fixing of geographical accountability – appropriate personnel are assigned to fix geographical areas for extended period of time in order to foster communication and partnership between the police and the community.
(d) Utilization of voluntary resources – community policing encourages the use of citizens to assist the law enforcement agency. Volunteerism involves active citizen’s participation.
(e) Enhancers – there are a number of enhancers and facilitators including updated technology and information system which support better resources and personnel deployment.
2. Tactical Elements would involve the following three strategies:-
(a) Enforcement of law – is the bed rock of any law enforcement agency. In addition, the police also identify laws that need to be amended or enacted in partnership with the community. This allows the Police agency to address underlying conditions that lead to crime while strongly enforcing breaches in the laws.
(b) Pro-activity:- crime prevention oriented law enforcement focuses not only on responses to calls for service but also on collaboration with the community in prevention and problem solving activities.
(c) Problem solving: – police works together with community members and other agencies to address the underline problems that contribute to crimes and disorder by identifying and analyzing problems, developing suitable responses and assessing the effectiveness of these responses.
3. External elements involved the following two aspects:-
(a) Public involvement and community partnership: -Citizens are viewed by the Police as partners who share the responsibility for identifying priorities and developing and implementing responses.
(b) Government and other agencies partnership: – On community policing other government agencies are called upon and recognized for their abilities to respond and address crime and social disorder issues. Non-Government organizations are also used for community policing.
IX. REDRESSAL OF PUBLIC GRIEVANCES:-
1. Public Grievances Redressal Machinery is set up and functioning at Police Headquarters with DIG(Hqrs) as Chairman. Citizens who may have any grievance against the Police may complain in respect of their grievances to the following authorities:
(1) Director General of Police: 0389-2334682(0)
(2) DIG (Hqrs): 0389-2333059(0)
(3) AIG-I: 0389-2334355(0)
(4) SP Aizawl: 0389-2315877(0)
(5) Aizawl PS: 0389-2322319/2322375, 100 (Emergency)
(6) Fire Station: 0389-2322384/2336406, 101 (Emergency)
2. Complaints from any citizen residing within the limits of any District may be made to the Superintendent of Police of the District whose Office is located in that particular District Headquarters. Further, citizens are free to address their grievances to any other senior Police Officers as well.
3. Any citizen from the village can inform about his or her grievances to the Officer-in-Charge of a Police Station under whose jurisdiction the citizen resides for redressal. The Officer-in-Charge of a Police Station will convey the said grievance to the concerned authority for suitable action.
4. In case the complaint is against any particular Police Officer, then the citizen can lodge the complaint with any officer senior in rank to the Officer complained against. The organizational chart is given at Annexure I
5. Whenever a citizen makes a petition/complaint, he shall be given an acknowledgement and issued an endorsement regarding action taken to the petitioner.
6. A special cell of Crime against Women has been established at Aizawl to address the growing incidence of crime against women such as rape cases, outraging modesty, harassment, etc. All the staffs of the cell are women Police with Sub-Inspector as the In-Charge.
X. POLICE CONTROL ROOM:-
Police Control Room has been set up by Mizoram Police in the capital city. A citizen could pass information on telephone number 0389-2334327 and Fax number: 0389-2335359 to help Police in prevention and detection of crime. Police Officers are on duty round the clock and are provided with adequate communication and transportation facilities.
XI. DUTIES OF CITIZENS:-
- According to Article 51 A of the Constitution of India, it is the duty of every citizen of India to safeguard public property and to abjure violence.
- Section 39 of Code of Criminal Procedure 1973 also makes it compulsory for the citizens to report to the Police, if they have witnessed or they have any information about the following offences made punishable under the Law :-
(a) Offences against the state
(b) Offences against the public tranquility
(c) Offences relating to adulteration of food and drugs etc.
(d) Offences affecting life.
(e) Offences relating to kidnapping for ransom.
(f) Offences of theft after preparation made for causing death, hurt or restraint in order to the committing of the theft.
(g) Offences of robbery and dacoity.
(h) Offences relating to Criminal Breach of Trust by public servant.
(i) Offences of mischief against property.
(j) Offences of house trespass or lurking house trespass as specified in sections 449 and 450 of Indian Penal Code 1860.
(k) Offences relating to currency notes and bank notes. Omission to give such information is punishable under the Law.
3. A private citizen has to take initiative to check the crime. A citizen can arrest or cause a person to be arrested if any non-bailable and cognizable offence is committed in his presence or a proclaimed offender comes across them. (Section 43 Code of Criminal Procedure, 1973)
4. A citizen has to allow free ingress to a place if a Police Officer having authority to arrest/search or any person acting under warrant of arrest/search has reason to believe that the person to be arrested has entered onto or is within such a place (Section 47 & 100 of Code of Criminal Procedure, 1973)
5. A citizen has to assist Police Officer if such assistance is so sought to join a search. Refusal to do so when asked in writing, without reasonable cause, is on offence under section 187 IPC (Section 100 of Code of Criminal Procedure 1973).
6. A citizen has to give correct evidence whenever associated in any investigation or trial. Do not give false information to the Police to avoid wastage of resources and also to avoid penal action for making false or malicious or prank calls.
7. Every citizen has to cooperate with Police in action against anti social elements and in maintaining law and order.
8. A citizen has to protect public property and not to indulge in acts, which damage or deface public properties or places.
9. All road users must be guided by the objective of enhancing road safety and must pay heed to the legitimate directions and suggestions of Traffic Police personnel and observe traffic norms and regulations.
10. A citizen should help injured person in road accidents by taking them to nearby hospitals and by informing the Police. No person should hesitate to stand as witness in the case.
11. The driver of motor vehicle responsible for road accident is duty bound to take all reasonable steps to secure medical attention for the injured persons by conveying them to the nearest medical practitioner or hospital unless it is not practicable to do so on account of mob fury or any other reason beyond his control. Failure in this regard is punishable (Section 134 of Motor Vehicle Act, 1988)
12. It is the duty of every registered Medical Practitioner or the, doctors on duty in a hospital to immediately attend to the injured person and render medical aid to safe life without waiting for procedural formalities unless the injured person or his guardian (in case of minor) desires otherwise. Failure in this regard is punishable (section 134 of Motor Vehicle Act, 1988).
13. Community Policing initiatives must be given whole hearted support by every person. Security environment, particularly to curb crimes like theft, burglaries etc can be greatly enhanced if the local community takes initiative to improve physical security arrangement of the neighborhood and individual houses/establishments by deploying watchmen.
14. A citizen should be truthful and forthright while approaching Police for redressal of complaints. A person should always avoid the unholy practice of exaggerating or maneuvering facts to attract operation of criminal laws or to enhance their security. This is particularly unfortunate when such complaints are pushed through devious recommendations or monetary inducements. Such short sighted action strike at the root of the rule of law and are among the factors responsible for many of the ills, like malicious investigation and burking, affecting policing. The Mizoram Police would like to reassure that a sincere account of a complainants version, though may not be covered by criminal laws, would be given due consideration. All effort would be made to resolve the same under the alternate complaint resolution mechanism as many such disputes lead to future crimes or breach of peace.
15. Every citizen should cherish our constitutional values. All citizens in our democratic polity have equal stake in the rule of law.
16. No citizen or person should ask or expect police to react to unlawful or questionable means while dealing with crimes or criminals or public disorder. Any such action abetted or acquiesced, in self interest for quick results, is unsustainable. Your option should be against by passing the rule of law.
17. Our constitutional and legal processes have the capacity to evolve strategies to deal with the emerging threats. Every person must be vigilant to prevent hijacking of the agenda in this regard by any vested interests who generally are vociferous and often claim to reflect public opinion.