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Puducherry Gazette · Government of Puducherry

Information of Arrested Persons Rules, 2024.

Published 21 October 2024

Department
HOME DEPARTMENT
Type
Extraordinary
Gazette no.
30
Part
II
Category
NOTIFICATION
Identifier
in.gazette.puducherry.2024-10-21.extraordinary-ii-issue-30
Languages
English, Tamil, French
Published at
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La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

PART - II

➢ EXTRAORDINAIRE EXTRAORDINARY

➢ Publiée par Published by

➢ Autorité Authority

▪   2024 }  | 21 { No. 30 Poudouchéry Lundi 2 1 Octobre 2024

No. Puducherry Monday 21st October 202 4

(29 Asvina 1946)

GOVERNMENT OF PUDUCHERRY

HOME DEPARTMENT

(G.O. Ms. No. 71, Puducherry, dated 15th October 2024)

NOTIFICATION

In exercise of the powers conferred under sub-section (3) of section 48

of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023) read

with the Notification in S.O. No. 2506 (E), dated 28-06-2024 of the

Government of India, Ministry of Home Affairs, New Delhi the

Lieutenant-Governor, Puducherry, hereby notifies the following rules,

namely:-

[ 471 ] 472 LA GAZETTE DE L'ETAT [PART–II

1. Short title, commencement.— (i) These rules may be called as

"Information of Arrested Persons Rules, 2024".

(ii) They shall come into force on and from the date of its

notification in the Official Gazette.

2. Definitions.— In these rules, unless the context otherwise

requires,

(a) "Arrest" means, the arrest of the person as defined under

section 43 of the Bharatiya Nagarik Suraksha Sanhita, 2023;

(b) "Book" means, the Register No. 26 kept and maintained in

every Police Station regarding information of arrest and shall be issued

by the Office of the Superintendent of Police (Headquarters) containing

pages 1-200. It shall be page marked and shall be attested by the

Subdivisional Police Officers;

(c) (SDPOs) at the opening page as well as on the last page.

As and when the register is completed, the same shall be deposited with

the Head Constable (HC) against proper receipt. The request for getting

new register shall be made to the office of the Superintendent of Police

(Headquarters) through Subdivisional Police Officer (SDPO);

(d) "Form" means, the form as attached in Annexure "A" of these

rules and shall be used for the purpose of providing information of the

arrested person;

(e) "Information" means, the intimation to the parents, friends,

relatives or such other persons as may be disclosed or nominated by

the arrested persons;

(f) "Mode of information" means, the information as defined in

these rules as given through electronic mode, i.e., mobile phone, social

media apps (including Whatsapp), SMS, landline phone, e-mail as well

as physical mode;

473

PART–II] LA GAZETTE DE L'ETAT

( g) "S a nh i t a " me a ns , t he B h a r a t i ya N a ga r i k S u r a k s h a

Sanhita, 2023;

3. Duties of the Police Officer irrespect of giving information as

provided under section 48 of the Sanhita.— (i) The Police Officer or

any other person making any arrest under this Sanhita is duty bound to

provide information regarding the offence committed as specified in

clause (c) of sub-section (1) of section (2) of this Sanhita.

(ii) Every Police Officer or any other person making any arrest

under this Sanhita shall give the information regarding such arrest and

place where the arrested person is being held to any of his relatives,

friends or such other person as may be disclosed or nominated by the

arrested person for the purpose of giving such information.

(iii) The information of arrest including complete particulars shall

also be given to the designated Police Officer/control room as notified

by the Government of Puducherry Notification vide G.O. Ms. No. 39, dated

29-06-2024.

(iv) An entry of the fact as to who has been informed of the

arrest of such person shall be made in a book to be kept in the Police

Station in Form i.e., Annexure "A" attached with these rules without

any delay and shall send the information regarding arrest as specified

under clause (d) of sub-section (1) of section 2 of this Sanhita.

(v) The Police Officer shall make an entry in the register as

specified in clause (e) of sub-section (1) of section 2 regarding the

information of arrest given by him.

(vi) The Police Officer shall fill the complete particulars as

prescribed in Annexure "A" of these rules.

(By order of the Lieutenant-Governor)

DR. SHARAT CHAUHAN, I.A.S.,

Chief Secretary to Government.

474 LA GAZETTE DE L'ETAT [PART–II

Form (A)

Information of arrested person

Case F.I.R/D.D. ........................... Dated ..............................................

U/S ..............................................................................................................

P.S. .................................................. District .................................................

1. Name with alias and Parentage :

of the Arrestee.

2. Mobile No./Whatsapp :

Mobile No./e-mail address.

3. Present address of the Arrestee :

4. Permanent address of the Arrestee :

5. FIR No./D.D. No. and Section :

of Law.

6. Place of arrest

:

7. Date and time of arrest :

8. Name, address, e-mail ID and :

Tel No. whomsoever to convey

the arrest information.

9. Name, rank and No. of officer :

making arrest.

10. Reasons/Ground of arrest :

(a) To prevent accused person :

from committing any other

offence.

(b) For proper investigation of :

the offence.

475

PART–II] LA GAZETTE DE L'ETAT

(c) To prevent the accused :

person from causing the

evidence of the offence to

disappear or tampering

with such evidence in any

manner.

(d) To prevent such person from :

making any inducement

threat or promise to any

person acquainted the facts

of the case so as to

dissuade him from disclosing

such facts to the Court or

to the Police Officer.

(e) As unless such person is :

arrested, his presence in

the Court whenever required

cannot be ensured.

Witness :

1. ……………………….. Signature of Arrestee

2. ……………………….. Signature of IO

3. ……………………………….. PS .........................................

Dated ...................................

476 LA GAZETTE DE L'ETAT [PART–II

GOVERNMENT OF PUDUCHERRY

HOME DEPARTMENT

(G.O. Ms. No. 72, Puducherry, dated 15th October 2024)

NOTIFICATION

In exercise of the powers conferred by sub-section (1) of section

173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023),

read with Notification in S.O No. 2506 (E), dated 28-06-2024 of the

Government of India, Ministry of Home Affairs and in supersession of

the Government Order, issued vide G.O. Ms. No. 41, dated 29-06-2024

published in the Extraordinary Gazette of the Government of Puducherry,

dated 29-06-2024, same as respects things done or omitted to be done

before such supersession, the Lieutenant-Governor, Puducherry, hereby

notifies the following rules namely:-

1. Short title, commencement.— (i) These rules may be called as

"Information to Police Cognizable Cases Rules", 2024.

(ii) They shall come into force on and from the date of its

publication in the Official Gazette.

2. Definitions.— (1) In these rules, unless the context otherwise

requires:-"

(i) "Information" means, the information received orally,

in writing or by electronic communication as defined under clause (i)

of sub-section (1) of section 2 of the Bharatiya Nagarik Suraksha

Sanhita 2023;

(ii) "Offence" means, the cognizable offence as defined under

clause (g) of sub-section (1) of section 2 of the Bharatiya Nagarik

Suraksha Sanhita, 2023;

(iii) "Officer in-charge of station" means, the officer in-charge

as defined under clause (r) of sub-section (1) of section 2 of the

Bharatiya Nagarik Suraksha Sanhita, 2023;

477

PART–II] LA GAZETTE DE L'ETAT

(iv) "Police Station" means, the place as defined under clause

(u) of sub-section (1) of section 2 of The Bharatiya Nagarik Suraksha

Sanhita, 2023;

(v) "Register" means, the Register No. 27 as issued by the Police

Headquarters of this Union Territory of Puducherry;

(vi) "Sanhit a" means , t he B ha r ati ya Na gar i k Sur a ks ha

Sanhita, 2023.

(2) The words and expressions used in these rules shall have the

same meaning as assigned to them in the Bharatiya Nagarik Suraksha

Sanhita, 2023.

3. Recording of Information.— (i) Every information relating to the

omission of a cognizable offence received in a Police Station shall be

taken on record by an officer in-charge of the Police Station where such

information is received through electronic communication, the informant

shall be called within three days for making his/her signature.

(ii) The information received under clause (i) shall be recorded

in the Register No. 27, in the format given in Annexure 'A' to be kept in

the Police Station, where the information is received.

4. Issuance of Register.— (i) The Register No. 27 shall be issued

by the Police Headquarters of this Union territory of Puducherry and

shall contain pages 1-200. The said Register shall be page marked and

shall be attested by the SDPOs (Subdivisional Police Officers) at the

opening page as well as the last page.

(ii) As and when the Register is complete, the same shall be

deposited with the HC (Head Constable) against proper receipt.

(iii) The request for getting New Register shall be made to the

Office of the Superintendent of Police (Headquarters) through SDPO

(Subdivisional Police Officer).

478 LA GAZETTE DE L'ETAT [PART–II

ANNEXURE-A

Register No. 27

1 2 3 4 5 6 7
S. No . Details of i nfor ma n t Date and time of i n f or m a t i on Mode of giving Brief of i nf or ma t i on - oral or in writing or through (e-mail/ICMS Int egra t ed Complai nt M an agem ent System)/SMS (Short Message Service), etc. i n form a t i on W h e t h e r signed by i n f or m a t i on withi n 3 days Ac t i on t a k en

(By order of the Lieutenant-Governor)

DR. SHARAT CHAUHAN, I.A.S., Chief Secretary to Government.

————

GOVERNMENT OF PUDUCHERRY

HOME DEPARTMENT

(G.O. Ms. No. 73, Puducherry, dated 15th October 2024)

NOTIFICATION

In exercise of the powers conferred by sub-section (1) of section 174 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023) read with Notification in S.O. No. 2506 (E), dated 28-06-2024 of the G o v e r n m e n t o f I n d i a , M i n i s t r y o f H o m e A f f a i r s , N e w D e l h i , the Lieutenant-Governor, Puducherry is pleased to frame the following rules, namely:-

1. Short title, commencement.— (i) These rules may be called as "Information to Court in Non-Cognizable Cases and Investigation of such Cases Rules, 2024".

479

PART–II] LA GAZETTE DE L'ETAT

(ii) These rules shall come into force from the date of its

publication in the Official Gazette.

2. Definitions.— (1) In these rules unless the context otherwise

requires:-

(i) "Investigation" means, the investigation as defined under clause (1) of sub-section (1) of section 2 of the Bharatiya Nagarik Suraksha Sanhita, 2023;

(ii) "Offence" means, the offence as defined under clause (o) of sub-section (1) of section 2 of the Bharatiya Nagarik Suraksha Sanhita, 2023;

(iii) "Officer in-charge of a Police Station" means, the officer in-charge as defined under clause (r) of sub-section (1) of section 2 of the Bharatiya Nagarik Suraksha Sanhita, 2023;

(iv) "Police Station" means, the place as defined under clause (u) of sub-section (1) of section 2 of the Bharatiya Nagarik Suraksha Sanhita, 2023;

(v) "Register" means, the Register No. 28 as issued by the Police

Headquarters of this Union Territory, Puducherry;

(vi) "Sanhit a" means , t he B ha r ati ya Na gar i k Sur a ks ha

Sanhita, 2023.

(2) The words and expressions used in these rules shall have the same meaning as assigned to them in the Bharatiya Nagarik Suraksha Sanhita, 2023.

3. Recording of Information.— (i) Every information relating to the Commission of a non-cognizable offence received in a Police Station shall be taken on record by an officer in-charge of the Police Station, where the information is received and shall be recorded in Register No. 28, as per the format given in Annexure 'A';

(ii) The information recorded in the afore-mentioned format shall

be forwarded to the Magistrate concerned fortnightly.

4. Issuance of Register.— (i) The Register No. 28 shall be issued by the Police Headquaters of this Union territory of Puducherry and shall contain pages 1-200. The said Register shall be page marked and shall be attested by the SDPOs (Subdivisional Police Officers) at the opening page as well as on the last page.

480 LA GAZETTE DE L'ETAT [PART–II

(ii) As and when the register is complete the same shall be

deposited with the HC (Head Constable) against proper receipt.

(iii) The request for getting new register shall be made to the

Office of Superintendent of Police (Headquarters) through SDPO

(Subdivisional Police Officer).

5. Duties of the officer in charge of concerned Police Station in

respect of forwarding the Daily Dairy Report to the Magistrate.—

(a) The Officer in-charge of the concerned Police Station shall inform

the informant that the report/complaint lodged by him relates to

non-cognizable case and he may approach the concerned Magistrate for

further proceedings.

(b) The officer in-charge of the concerned Police Station shall

ensure that an entry is made in the register regarding the information of

non-cognizable offence as stated in rule 3.

(c) The officer in-charge of concerned Police Station shall be

responsible to forward the information recorded in Daily Diary Register

in such non-cognizable cases to the concerned Magistrate fortnightly.

ANNEXURE-A

Register No. 28

1 2 3 4 5 6 7
S. No. Name and Date and contact details of informant time of information Address of informant Brief of information Whether informant informed to approach concerned Magistrate Date of sending report to Magistrate

(By order of the Lieutenant-Governor)

DR. SHARAT CHAUHAN, I.A.S.,

Chief Secretary to Government.

481

PART–II] LA GAZETTE DE L'ETAT

GOVERNMENT OF PUDUCHERRY

HOME DEPARTMENT

(G.O. Ms. No. 74, Puducherry, dated 15th October 2024)

NOTIFICATION

In exercise of the powers conferred by sub-section (2) of section 176 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023) read with Government of Inida, Ministry of Home Affairs, New Delhi, Notification in S.O No. 2506 (E), dated 28-06-2024, the Lieutenant-Governor, Puducherry, hereby notifies the following rules namely:-

1. Short title, commencement.— (i)These rules may be called as "Procedure for investigation to be followed by an officer in-charge of Police Station Rules, 2024".

(ii) These rules shall come into force from the date of its

publication in the Official Gazette.

2. Definitions.— (1) In these rules, unless the context otherwise

requires:-

(i) "Investigation" means, the investigation as defined under clause (1) of sub-section (1) of section 2 of the Bharatiya Nagarik Suraksha Sanhita, 2023;

(ii) "Offence" means, the offence as defined under clause (q) of sub-section (1) of section 2 of the Bharatiya Nagarik Suraksha Sanhita, 2023;

(iii) "Officer in-charge of a Police Station" means, the officer

in charge as defined Bharatiya Nagarik Suraksha Sanhita, 2023;

(iv) "Police Station" means, the place as defined under clause (u) of sub-section (1) of section 2 of The Bharatiya Nagarik Suraksha Sanhita, 2023;

(v) "Sa nhit a " means , the B har ati ya Na gar ik Sur a ks ha

Sanhita, 2023.

(2) The words and expressions used in these rules shall have the same meaning as assigned to them in the Bharatiya Nagarika Suraksha Sanhita, 2023.

482 LA GAZETTE DE L'ETAT [PART–II

3. Daily Diary Report.— (i) Daily Diary Report shall be maintained by the officer in-charge of the Police Station, in respect of the offences, wherein, he/she deems it necessary not to proceed to the spot in person or through subordinate officer, to investigate the case as provided under clauses (a) of sub-section (1) of section 176 of this Sanhita or in cases, where it appears to the officer in-charge of the Police Station that there is no sufficient ground for entering into an investigation as per the circumstances covered under clause (b) of sub-section (1) of section 176 of this Sanhita.

(ii) The Report mentioned in clause (i) shall be maintained on CCTNS (Crime and Criminal Tracking Networks and Systems) and shall contain the details as given in Annexure "A" and forwarded to the Magistrate fortnightly without fail.

4. In case, the Officer in-charge of the Police Station has reasons to believe that there is no sufficient ground for entering on an investigation, then he/she shall follow the procedure as provide under section 176 and shall also inform the same, alongwith reasons, to the informant without delay either through electronic mode, i.e., mobile phone, social media apps including whatsapp, SMS (Short Message Service), landline phone, e-mail or through physical mode. Mode of information shall be entered in the report as stated in rule 3.

ANNEXURE-A

 Name of informant

  Contact details of informant (phone number/e-mail/etc.)

  Present and permanent address of informant

  Brief of information

  Reason(s) for not proceeding to investigate

  Whether informant notified

  Mode of information

(By order of the Lieutenant-Governor)

DR. SHARAT CHAUHAN, I.A.S.,

Chief Secretary to Government.

483

PART–II] LA GAZETTE DE L'ETAT

GOVERNMENT OF PUDUCHERRY

HOME DEPARTMENT

(G.O. Ms. No. 76, Puducherry, dated 15th October 2024)

NOTIFICATION

In exercise of the powers conferred by sub-sections (3) and 9 of

section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023(Act 46 of

2023) read with the Government of India, Ministry of Home Affairs,

New Delhi, Notification in S.O. No. 2506 (E), dated 28-06-2024 and in

partial modification of the G.O. Ms. No. 42, Puducherry, dated 29th June,

2 0 2 4 o f t h e H o m e D e p a r t m e n t , G o v e r n m e n t o f P u d u c h e r r y,

the Lieutenant-Governor, Puducherry, is pleased to frame the following

rules namely:-

1. Short title and commencement.— (i) These rules may be called

as "Information to the informant/victim regarding progress of

investigation and forwarding Police Report to a Magistrate Rule, 2024".

(ii) These rules shall come into force on and from the date of

this publication in the Official Gazette.

2. Definitions.— (1) In these rules unless the context otherwise

requires,-

(i) "Form" means, the Form IIF (Integrated Investigation Form)-V,

duly prescribed by the NCRB (National Crime Records Bureau) as

applicable to the Union territory of Puducherry;

(ii) "Information" means, the intimation to the informant/

victim regarding preparation and the filling of the charge-sheet by the

Police Officer i.e., Station House Officer/Inquiry Officer of case after

completion of the investigation and intimation to the informant or the

victim regarding progress of investigation(as per the format in

Annexure-'A') within a period of ninety days;

(iii) "Investigation" means, the investigation as defined under

clause (1) of sub-section (1) of the Bharatiya Nagarik Suraksha

Sanhita, 2023;

484 LA GAZETTE DE L'ETAT [PART–II

(iv) "Mode of information" may either be physical or electronic,

i.e., telephone, mobile, or other wireless telecommunication device, social

media apps including Whatsapp, SMS (Short Message Service), landline

phone, e-mail or through the CCTNS (Crime And Criminal Tracking

Networks and Systems);

(v) "Offence" means, the offence as defined under clause (q)

of sub-section (1) of section 2 of the Bharatiya Nagarik Suraksha

Sanhita, 2023;

(vi) "Officer in-charge of a Police Station" means, the officer

in charge as defined under clause (r) of sub-section (1) of section 2 of

the Bharatiya Nagarik Suraksha Sanhita, 2023;

(vii) "Police Station" means, the place as defined under clause (u)

of sub-section (1) of section 2 of the Bharatiya Nagarik Suraksha

Sanhita, 2023;

(viii) "Sanhita" means, the Bharatiya Nagarik Suraksha

Sanhita, 2023.

(2) The words and expressions used in these rules shall have the

same meaning as assigned to them in the Bharatiya Nagarik Suraksha

Sanhita, 2023.

2. Every Police Officer investigating a matter shall on completion

of such investigation shall submit his/her report to the Officer in-charge

of the Police Station and the officer in-charge of the Police Station shall

prepare the final report and shall forward the same, including through

electronic communication i.e., CCTNS (Crime and Criminal Tracking

Networks and Systems) or through other electronic mode, to the

Magistrate empowered to take the cognizance of the offence, by giving

the complete particulars as mentioned in section 193 (3) (i) sub-clauses

(a) to (i).

3. The Police Official shall inform the informant or the victim about

the progress of the investigation within a period of ninety days through

any of the modes as specified in these rules, in the prescribed format

attached as Annexure-A. The acknowledgement of intimation under

clause (ii) of sub-section (3) of section 193 of this Sanhita shall also be

recorded in Daily Diary Register.

485

PART–II] LA GAZETTE DE L'ETAT

4. The victim/informant shall also be informed regarding the submission of final report before the Magistrate in the prescribed format attached as Annexure-A. The acknowledgement of intimation shall also be recorded in Daily Diary Register.

5. The complete particulars of the informant and the victim including the permanent address, temporary address, mobile number, e-mail ID and any other particulars shall be collected at the time of taking cognizance of offence under sub-section (1) of section 173 of this Sanhita, so that the information can be supplied to the informant and victim regarding the progress of the case through the mode of information as defined in these rules.

ANNEXURE-A

Format for providing information to the informant/victim regarding progress of investigation within a period of ninety days or at the time of submission of final report.

To

(Details of Informant/Victim)

Sub : Intimation regarding progress of investigation u/s 193(3)(ii)BNSS,

2023.

It is intimated that progress of investigation of the case FIR

No. ....................... is as follows:

1. Details of persons arrested

2. Details of persons who joined investigation u/s 35(3) BNSS, 2023

3. Details of charge-sheet(s) submitted

4. Any other relevant information

(By order of the Lieutenant-Governor)

DR. SHARAT CHAUHAN, I.A.S., Chief Secretary to Government.

————

online publication at "https://styandptg.py.gov.in" Published by The Director, Government Press, Puducherry.

Cite this issue. Puducherry Gazette, Government of Puducherry, 21 October 2024. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.puducherry.2024-10-21.extraordinary-ii-issue-30/. Archive identifier in.gazette.puducherry.2024-10-21.extraordinary-ii-issue-30.