[ 471 ]
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:-
La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
PART - II
EXTRAORDINAIRE
EXTRAORDINARY
Publiée par
Published by
Autorité
Authority
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of Newspapers for India under
No. 10410
2024 } | 21 {
No. 30 Poudouchéry
Lundi
21
Octobre
2024
No.
Puducherry
Monday
21st
October
2024
(29 Asvina 1946)
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) “Sanhita” means, the Bharatiya Nagarik Suraksha
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.
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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;
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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) “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.
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.
Details of
Date and
Mode of giving Brief of
Whether
Action
No. informant
time of
information-
information signed by
taken
information oral or in
information
writing or
within
through
3 days
(e-mail/ICMS
Integrated
Complaint
Management
System)/SMS
(Short Message
Service), etc.
(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
Government of India, Ministry of Home Affairs, New Delhi,
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”.
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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) “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.
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.
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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.
Name and Date and
Address
Brief of
Whether
Date of
No. contact
time of
of
information informant
sending
details of information
informant
informed to report to
informant
approach
Magistrate
concerned
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) “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 Nagarika Suraksha
Sanhita, 2023.
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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,
2 024 of the Ho me De pa rtme nt, Government of P uducherry,
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;
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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.
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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.