Rajasthan Police Rules, 1965 Published vide Notification No. F. 16 (2) Home (A.Gr. 1) 65, dated April 12, 1965 Notification No. F. 16 (2) Home (A.Gr. 1) 65, dated April 12, 1965. - In exercise of the powers conferred by sections 45 of and 46 of the Police Act, 1861 (Act V of 1861), as in force, and as applied to Ajmer area and the pre reorganisation State of Rajasthan, read with secs. 41 and 42 of the Madhya Bharat Police Act, Samwat 2007 (Madhya Bharat Act 76 of 1950) as applicable to sunel area the State Government hereby makes the following rules; namely; - CHAPTER I 1.1 Short Title, extent and commencement. - These rules may be called the Rajasthan Police Rules, 1965. They shall extend to the whole of the State of Rajasthan except the Abu area. They shall come into force at once. 1.2 Interpretation. - In these rules - (a) unless the context otherwise requires, form means a form appended to these rules; (b) reference to the Police Act, 1861 (Act V of 1861) or any provision thereof shall, with respect to the Sunel area be construed as references to the Madhya Bharat Police Act, Samwat 2007 (Madhya Bharat Act 76 of 1950) as in force in that area, or the corresponding provision thereof. 1.3 Repeals and Savings. - (1) With effect from the date of commencement of these rules, the Rajasthan Police Regulations, 1948, and any other corresponding rules and orders in force in any part of the State to which these rules, extend shall, in relation to matters covered by these rules, stand superseded. (2) Notwithstanding such supersession anything done, any action taken under the rules or orders so superseded shall be deemed to have been done or taken under the provisions of these rules. CHAPTER II Preventive and Detective Organisation 2.1 Principles of the Criminal Law and Police Organisation. - The Criminal Law of India and the Police Organisation, which is based upon it, are both founded on the principle that public order depends essentially upon the responsibility of every member of the community within the law to prevent offences and to arrest offenders. The magisterial and police organisation is set up to enforce, control and asist this general responsibility. This fundamental principle must be thoroughly understood and borne constantly in mind by Police Officers of all ranks. The ideal to be aimed at in respect of relations with the public is that every police officer, or whatever rank, should be regarded by every law abiding person as a wise and impartial friend and a protector against injury to his person and property. In proportion as this deal is approached, the police will receive the information and assistance which they need in order to combat crime successfully. When confidence and co-operation are lacking private persons and village officials resort to connivance at crime and to seeking redress for their own losses through treaty with criminals, the police are isolated in their efforts to prevent and detect offences, and can hope for but a small measure of success. The proper relations between the police and the public in a district depend primarily upon the personal attitude of the Superintendent, and the example set by him enforced upon his subordinates. The most important duties of a Superintendent are to know the people of his district & to know what his subordinate are doing, such knowledge can only be gained by the fullest personal accessibility activity in touring, thorough and intelligent supervision and a sympathetic interest in the life of the district and the facts and difficulties of the work of his own men. He must inspire confidence in his subordinates, as well as in the public. While alert to check tyranny, dishonesty and other abuses by his subordinates, he must be as accessible to them as to non officials and ready at all times to help them in their difficulties and support them against the evil influences, which they have to face. This should be the attitude of all supervising officers. They should ensure direct access to themselves unimpeded by their Subordinates, and must be ready to give a patient hearing to all complaints and grievances, but must avoid creating any impression of spying, which would destroy the confidence and undermine the authority of their officers. 2.2 Sub-Divisional Magistrate, Relations with. - The relations between the Sub- Divisional Magistrate and Police officers with whom he has to deal should be both cordial and intimate, and every opportunity shall be taken to keep him informed of the state of crime in his ilaqa Conference can be discussed and remedies devised, should be encourage; police officers coming in with challans should take the opportunity of obtaining an interview with the Sub-Divisional Magistrate and discussing with him the state of crime in their jurisdictions. 2.3 Panchas an Village Watchmen. - The Code of Criminal Procedure prescribes definite duties in respect of reporting and preventing offences in case of members of Panchayat and Watchmen of villages. It is the duty of the Gazetted Police Officers to take Particular note of the work of the village officials, namely members of Panchayats,Village Watchmen. They should be encouraged in the performance of their duties and suitably rewarded when they do well Serious or persistent negligence of duty should be brought to the notice of the Superintendent of Police in the periodical inspections of the Police Station mention shall always be of made of the degree of assistant received by the police from village officials of his jurisdiction and or Particularly meritorious work or noteworthy dereliction of duty on the part of individuals. 2.4 Duties of Police under local and special laws. - Many of the most important and most frequently exercised functions of the police derive from local and special laws. In some cases powers so derived have been specially referred to in different chapters of these rules, but irrespective of such reference, a knowledge of the provisions of all local and special laws, more or less comprehensive according to the duties of his rank, is required of every trained police officer. 2.5 Absconders and harbourer. - A vital factor in both the detection and prevention of crime is the execution of the law in respect of absconding an harbouring. The provision of the law are adequate to prevent both these offences but their proper and comprehensive administration demands the constant attention of magistrates and supervision police officers. The absence or preventive of absconding and harbouring are among the acid tests to the efficiency of the criminal administration. Instructions as to the taking out an execution of warrant when persons, whose arrest is required, are not immediately found, are contained in rule 7.5. This is the first essential. Under Section 87, Code of Criminal Procedure and court may at any time issue a proclamation against a person for whose arrest that court has issued a warrant. All that is necessary is that the court should be satisfied not necessarily by evidence, that the said person has absconded or is concealing himself so that such warrant cannot be executed' The Court may further at any time after proclamation Order the attachment of any property, movable or immovable, or both belonging to the proclaimed person' The period of thirty days mentioned is section 87, Code of Criminal Procedure, is that within which the absconder in called upon to surrender; it imposes on delay on the issue of attachment orders. The issue of a proclamation under Section 87, Code of Criminal Procedure, renders liable to the penalties of Section 216, Indian Penal Code, an one who gives to the person proclaimed any assistance of the nature described in section 52 A, Indian Penal Code. (2) The action prescribed in rule 7.5 for obtaining a warrant of arrest shall be taken by the police immediately they have grounds for making such arrest. Every reasonable effort to execute such warrant shall then be taken. If such efforts fail the court which issued the warrant be satisfied that the warrant cannot be executed; evidence of the guilt is of the wanted man in the offence under investigation is not required. When a proclamation order has been obtained, the police are bound to publish that order as required by Sec. 87 (2), Code of Criminal Procedure Immediately this has been done complied with, Thereupon the person wanted becomes a proclaimed offender' and the rules in Chapter IV regarding the entry of such persons name in the surveillance register, list of proclaimed offenders. Notices to village Panchas and Watchmen of all places where he has connections or which he is likely to visit etc. shall be forthwith complied with. (3) The procedure of search under warrant and proclamation shall carried out in every case in which a wanted person cannot be immediately arrested without warrant by the investigating officer. Discretion may be exercised by both the police and magistrates whether to proceed with attachment of property under Sec. 88, Code of Criminal procedure In every case, where there is a danger of more crime resulting from an absconder remaining at large an attachment order shall be immediately applied for. The police are not authorised to carry out attachment but it is the duty of the prosecuting branch to see that the necessary orders issued from the court without any delay, and of the officer conducting in investigation to take steps to prevent the improper alienation of attachment property by fictitious mortage or sale. For this purpose lists of such property should be made, as part of the investigation, and attached to the police file of the case, and the village watchmen and Sarpanch should be directed to report any attempt at alienation or removal pending the issue of attachment order.