Para 223 to 276 (Chapter XX Registration and Surveillance of Bad Characters) Uttar Pradesh Police Regulations

All crimes will be entered, whether truly or falsely reported; if a case is expunged the fact will be noted in the last column; the entries in the other columns will stand.

226.  Entries in Part-Ill of the village Crime Note Book—

In Part III will be entered particulars of all residents of the village convicted of any of the following offences.

A. For the purpose of Section 75, Indian Penal Code.

Chapter XII, Indian Penal Code—All offences except those punishable under Sections 241, 254 and 262.

Chapter XVII, Indian Penal Code :

Sections 379 and 382—Theft of all kinds.

Sections 384 to 389, except Section 385—Extortion of all kinds.

Sections 392 to 394, 397 and 398—Robbery of all kinds.

Sections 395, 396, 399 and 402—Dacoity of all kinds.

Sections 400 and 401—Belonging to a gang of thieves of dacoits.

Sections 406 to 408—Criminal breach of trust.

Section 409—Criminal breach of trust by public servant.

Sections 411 to 414—Receiving stolen property.

Sections 418 to 422—Cheating.

Sections 429 to 433 and 435 to 440—Serious mischief.

Sections 449 to 452—House trespass in order to commit an offence.

Sections 454 to 457—Lurking house trespass or house-breaking other than simple.

Section 458—All attempts at house-breaking.

Sections 459 and 460—Grievous hurt or death caused in house-breaking.

Section 462—Fraudulently opening a closed receptacle held in trust.

For the purpose of Sections 3 and 4 of the Whipping Act IV of 1909 :

Section 376, Indian Penal Code—Rape.

Section 377—Unnatural offence.

For the purposes of Sections 2 and 23, Criminal Tribes Act, conviction of members of a tribe declared to be a criminal tribe under Section 3 of the Criminal Tribes Act, for any offence under Sections 21,22,24 and 25 of the Act or included in the schedule of the Act.

Other offences :

Sections 121, 121-A and 124-A, Indian Penal Code—Offences against the State.

Section 170—Impersonating a public servant.

Sections 212, 213, 216 and 216-A, Indian Penal Code—Harbouring and other offences against public justice.

Section 311—Being a thug.

Sections 363 to 369—Kidnapping.

Section 465—Dishonesty breaking open a closed receptacle.

Sections 465 to 469—Forgery.

Sections 489-A to 489-D—Forgery of bank and currency notes.

Sections 109 and 110, Code of Criminal Procedure—Bad livelihood.

Sections 3 and 4, Act III of 1867—Keeping, or gambling in a common gaming house.

Sections 60, 62, 63 and 65, Act IV of 1910—Offences under the Excise Act.

Section 9 of Act I of 1878—Offences under the Opium Act.

Sections 25 and 6, Act 54 of 1959—Offences under the Arms Act.

Names of persons convicted under the following sections of the Indian Penal Code will be entered in¹ Part III only by special order of the Superintendent of Police :

Sections 143 to 153—Rioting; unlawful assembly.

Section 30—Murder.

Section 304—Culpable homicide.

Section 307—Attempted murder.

Sections 324 to 327—Hurt and grievous hurt.

In the remarks column of Part III will be shown the nature of the offence committed, e.g., Cattle theft, ’dropped jewellery trick'. If an ex-convict is a member of a known gang this fact will also be noted. The modus operandi of men sentenced for burglary should be described. If an ex-convict permanently changes his residence the new residence will be noted in the last column and his name will be entered in Part II of the register of the village to which he has gone. The names of ex-convict who have been convicted only once and for whom no history-sheets have ever been opened will be expunged 20 years after expiry of their sentence. The names of other convict will be expunged only on their death.                                                     _

An alphabetical index to Part III of the village crime note-books will be maintained at every police station classified under the following heads to each of which a separate register or part will be allotted : Dacoity, cattle theft, pick pocketing, railway passenger theft, goods wagon theft, cycle theft, miscellaneous theft, poisoning, cattle poisoning, bad livelihood, coining, forgery, cocaine and opium smuggling, cheating, kidnapping for immoral purposes, offences against the State, telegraph wire cutting , and other miscellaneous offences' entered in Part III.

The last may be further sub-classified by order of the Deputy Inspector General or Superintendent of Police. If a person is convicted for offences falling under more than one of these heads his name will be entered under each.

227. Entries in Part-IV of the village Crime Note Book—

Part IV will contain entries regarding religious festivals and disputes, disputes over property, factions offences affecting the railways, canals or telegraphs, the presence of criminal tribes, the prevalence of organized crime such as cattle- theft, the fact that any member of a gang registered in the gang register resides or operates in the village, and similar matters which are of importance from a police point of view. Narratives of all specially important outbreaks of crime will also be entered in some detail. A brief note showing the subject of each entry will be made against it in the margin. Entries will be submitted to the Superintendent for approval before they are made.

HISTORY SHEETS & SURVEILLANCE

228.  History sheets. Part V of the village Crime Note Book—

Part V consists of history sheets. These are the personal records of criminals under surveillance. History-sheets should be opened only for persons who are or likely to become habitual criminal or abettors of such criminals. There will be two classes of history-sheets :

(1)  Class A history-sheets for dacoits, burglars, cattle-thieves, railway-goods wagon thieves, and abettors thereof.

(2)  Class B history-sheets for confirmed and professional criminals who commit crimes other than dacoity, burglary, cattle-theft, and theft from railway goods wagons, e.g., professional cheats and other experts for whom criminal personal files are maintained by the Criminal Investigation Department, poisoners, cattle poisoners, railway passenger thieves, bicycle thieves, expert pick­pockets, forgers, coiners, cocaine and opium^/smugglers, hired ruffians and goondas, telegraph wire-cutters, habitual illicit distillers and abettors thereof.

History-sheets of both classes will be maintained in similar form, but those for class B will be distinguished by a red bar marked at the top of the first page. No history-sheet of class B may be converted into a history-sheet of class. A, though should be the subject of a history-sheet of class B be found to be also addicted to dacoity, burglary, cattle-theft or theft from railway goods wagons. A class, as well as B class, surveillance may under paragraph 238 be applied to him. In the event of a class A history-sheet man becoming addicted to miscellaneous crime his history-sheet may be converted into a class B history-sheet with the sanction of the Superintendent.

229.  Classification of history-sheets—

This classification of history-sheets as A and B is based on the principle that, whereas there is always hope of a docoit, burglar, or cattle thief or railway goods wagons thief mending his ways, the expert miscellaneous criminal is as a general rule incapable of reform. The classification, therefore, solely on the kind of crime to which suspects are addicted and is designed to regulate only—

(1)  the length of time for which a suspect should ordinarily remain, under surveillance in the absence of complaints against him,

(2)  the kind of surveillance which his activities require.

The degree of surveillance of the appropriate kind to be exercised over a suspect will depend not on his classification, but on the extent to which he is believed to be active at any particular time.

230. History sheets of A-Class—

If the subject of an A class history-sheet is thought to be so dangerous or incorrigible as to require more protracted surveillance than the generality of his class, he may be 'starred' by the order of the Superintendent. Here, again, the fact that a history-sheet man is starred will necessarily indicate only that he is to be kept under continuous surveillance for a longer period. It will not necessarily indicate that his surveillance while it lasts is to be more intense. The aim is to concentrate the most intense surveillance on the criminal, whether starred or unstarred, who is believed to be temporarily active.

Superintendents of district police may not give orders for the starring of or discontinuance of surveillance over any history-sheeter of a railway police suspect without the concurrence of the Superintendent of Government Railway Police.

231. Subjects of history sheets of A-Class—

The subjects of history-sheets of class A will unless they are 'starred' remain under surveillance for at least two consecutive years of which they have spent no part in jail. When the subject of a history sheet of class A whose name has not been 'starred' who has never been convicted of cognizable offence and has not been in jail or suspected of any offence or absented himself in suspicious circumstances for two consecutive years his surveillance will be discontinued, unless for special reasons to be recorded in the inspection book of the police station the Superintendent decides that it should continue.

When the subject of a history-sheet of class A is 'starred' he will remain starred for at least two consecutive years during which he has not been in jail or been suspected of a cognizable offence or had any suspicious absence recorded against him. At the end of that period if he is believed to have reformed he will cease to be 'starred' but will remain subject to surveillance which will be discontinued only if during that period no complaints have been recorded against him.

In closing the history-sheets of an 'unstarring' ex-convicts and especially ex-convict dacoits great care should be exercised.

232. Continuity of B-Class history sheets—

History-sheet of B class will be continuously open records and the subjects of these sheets will, except for every special reasons remain under surveillance until death. This being so it is unnecessary to 'stare' suspects of this class.

233.Discontinuance of surveillance—

The discontinuance of surveillance of the subject of a history-sheet does not entail closing that history-sheet. A history-sheet which is only a record of information need never be considered closed. In the case of persons whose surveillance is discontinued a note should be made to this effect in the history-sheet, and thereafter no periodical or other entries need be made unless something comes to notice which is desirable to enter in the sheet. Sheets persons whose surveillance has been discontinued should remain in the village crime-note book but if the number is as much as to make the volume too bulky, they should be kept in a separate volume attached to the note-book. They will only be destroyed on the death of the subject of the sheet, or if, on opinion of the Superintendent their further retention is not likely to be of any value.

234. Discontinuation of History sheet of Class-A-

No history-sheet of class A may be discontinued without the sanction of the Superintendent of Police. If it is denied to discontinue the surveillance of the subject of a history sheet of class B, the sanction of the Deputy Inspector-General or Superintendent, Railway Police, must be obtained. Proposals from station officers for the discontinuance of history-sheets and for the ‘starring’ or ‘unstarring’ of a class suspects must be made through the circle-inspector unless dealt with directly by a gazetted officer in the course of an inspection.

235. Knowledge of History sheeters to local police-

Without prejudice to the right to Superintendents of Police to put into practice any legal measures, such shadowing in cities, by which they find they can keep in touch with suspects in particular local ties or special circumstances, surveillance may for most practice purposes be defined as consisting of one or more of the following measures :

(a) secret picketing of the house or approaches to the houses of suspects;

(b) through periodical inquiries by officers not below the rank of subinspector into repute, habits, associations, income, expenses and occupation;

(c) the reporting by constables and chaukidars of movements and absences from home;

(d) the verification of movements and absences by means of inquiry slip;

(e) the collection and record on a history-sheet of all information bearing on conduct.

236. Methods of surveillance of history sheeters.-

Without prejudice to the right to Superintendents of Police to put into practice any legal measures, such shadowing in cities, by which they find they can keep in touch with suspects in particular local ties or special circumstances, surveillance may for most practical purposes be defined as consisting of one or more of the following measures :

(a) secret picketing of the house or approaches to the house of suspects;

(b) through periodical inquiries by officers not below the rank of subinspector into repute, habits, associations, income, expenses and occupation;

(c) the reporting by constables and chaukidars of movements and absences from home;

(d) the verification of movements and absences by means of inquiry slip;

(e) the collection and record on a history-sheet of all information bearing on conduct.

237. Starred and unstarred history sheeters-

All history-sheet men of class A ‘starred’ and ‘unstarred’ will be subject to all these measures of surveillance. It will be for the station officer, subject to the control of the Superintendent and circle inspector, to regulate the intensity with which they are applied in each particular case according to the believed temporary activity of the suspect. Thus the movement and absences of all men of class A must be reported at the police station but they need not be verified by means of inquiry slip when they do not appear to be suspicious. Similarly while a thorough local inquiry into general repute, habits, associations, income, expenses and occupation in the case of men, whether ‘starred’ or ‘unstarred’ who are believed to be quiescent, need be made only once a year by the station officer or by a subordinate sub-inspector under his direction, such inquiries should be made half-yearly or with even great frequency in the case of men, whether ‘starred’ or ‘unstarred’ who are believed to be temporarily active.

238. Surveillance of B-class history sheeters-

History-sheet men of class B will be subject to measures (c) (d) and (e) but not to measures (a) or (b) unless the nature of the particular crime to which they are addicted requires that these measures should be applied to them. Thus, while it might be necessary to have a telegraph wire-cutter visited, or to have his house picketed at night, the application of these methods of surveillance to a professional cheat would be futile.

Similarly, though the absences from home of all history-sheet men of class B must be reported at the police station, and though, all such men will be liable to have their movements verified, this verification need not be made when it would clearly serve no useful purpose. It would almost invariably be essential, for stance to verify the movements of a prisoner or a pick-pocket, but rarely necessary to verify those of a local bulky. In such matters station officers be expected to exercise an intelligent discretion having regard to the circumstances of the criminal’s absence and the nature of the crime to which he is addicted.

239. Maintenance of history sheet of both classes and desired entries in the history sheet- History-

sheet of both classes will be maintained as directed in this paragraph and those already in use in the old form will be drawn up to conform with these directions.

Entries regarding relations, associates, dependents, property, occupation, income and convictions will be made in the appropriate columns on the first page and must be kept up-to-date and checked by circle inspectors and all inspecting officers. The remainder of the history-sheet will be maintained as a series of paragraphs containing facts in chronological order with marginal headings.

The first paragraph will be written when the history-sheet is opened and will give brief details of the suspect’s previous record and of all the reasons which have led to the opening of a history-sheet for him. All these initial entries in a history-sheet must be submitted to the Superintendent for approval before they are made.

Subsequent paragraphs will be filled up at the police station without reference to the Superintendent and will contain –

(a) details of all suspicious absences;

(b)details of all reports made to the police, and of all cases, cognizable or non-cognizable, instituted against the bad character;

(c) results of periodical inquiries made into the bad character’s habits and general repute;

(d)details of cases in which the bad character has been suspected.

Reports of absences will not be entered unless they are suspicious. Reports of picketing and domiciliary visits will not be entered unless they are productive of information of the kinds detailed above. As ‘cases in which the character has been suspected’ will be shown only those cases in which the Superintendent, Assistant Superintendent or Deputy Superintendent has passed suspicion as reasonable.

Each paragraph should quote the number and date of the daily diary or other document on which it I based but should be full enough to be complete in itself. The nature of the information contained in each paragraph should be clearly shown against it in the margin, e.g., Local inquiry by circle Inspector, ‘suspicious absence’, ‘complaint of marpit’, ‘suspicious of burglary’.

Entries regarding habits and general repute should be based on inquiries from respectable inhabitants of the suspect’s village and neighbouring village and should show whether the suspect is reported to be committing crime or to be earning an honest livelihood, the amount of his earnings, his expense, whether he is in regular work and the character and identity of his associates. Vague generalities should be avoided.

The station officer is personally responsible for all entries in history-sheet and these must be made by him or by a subordinate sub-inspector under his direction.

When a suspect has been convicted of an offence or bound over under Section 109 or 110, Code of Criminal Procedure, 1973 (2 of 1974) and sentenced to imprisonment for six months or more, a line will be drawn in red ink across his history-sheet below the last paragraph. Below this red line will then be noted the date of conviction, the nature of the sentence and the probable date of release. When surveillance is discontinued a similar line will be drawn in black ink, the date and number of the Superintendent’s order being given below it. Whenever a history sheet is transferred to another police station a line in black ink will similarly be drawn and a brief note of the transfer will be written across the sheet by the officer dispatching it.

240. History sheets of both classes when to be opened?

History-sheets of both classes may be opened (1) on suspicion or (2) on conviction or acquittal. No history-sheet may be opened without the orders of the Superintendent of Police.

(1) On suspicion.- Whenever as a result of investigation into a case of dacoity, burglary, cattle theft from railway goods wagons or into a case of miscellaneous crime of a professional type, the officer-in-charge of a police station applies for the name of any person to be entered in the crime register as reasonably suspected, he must at the same time report whether the suspect is under surveillance, and if not, whether a history-sheet should in his opinion be opened for him. Should the gazetted officer-in-charge of a sub-division on receiving such a report and after such further inquiry as he may think necessary consider that a history-sheet is required, he will forward the report to the Superintendent who if he accepts the proposal will define the class of historysheet to be opened and pass orders as to whether the suspect should be ‘starred’. Similarly whenever an officer-in-charge of a police station finds reason to believe, otherwise than in the course of an investigation, that any resident of his circle is addicted to crime, or whenever a gazetted officer or circle inspector for any reason believes that a history-sheet for any person is necessary a report must be submitted to the Superintendent, who will pass orders on it as laid down above.

(2) On conviction or acquittal.- Whenever any person is sent for trial on a charge of dacoity, burglary, cattle theft or theft from a railway goods wagons or of miscellaneous crime of a professional type, the officer-in-charge of the police station must state in his diary whether accused has a history-sheet and if not, whether he recommends that a history-sheet should be opened for him. It will be the duty of the Public Prosecutor, if the accused is acquitted to inform the Superintendent , in his report on the acquittal or otherwise, whether in his opinion a history-sheet is required. On this the Superintendent will pass any orders to the station office that may be necessary. If the accused is convicted, the Public Prosecutor must, in the remarks column of the daily report of convictions and acquittals (Form No. 107) enter in red ink the words, ‘On H.S.’ if a history-sheet is already open, or the letters ‘H.S.’ if he recommends that one should be prepared. In either case he must prepare and attach to the daily report of convictions and acquittals a P.R. slip (Form No. 313). If a history-sheet is already open or if the Superintendent agrees that a history-sheet should be opened he will sign this P.R. slip and initial the letters ‘H.S.’ or ‘On H.S.’ on the daily report of convictions and acquittals. The Public Prosecutor will then communicate the Superintendent’s orders for the opening of a history sheet to the police station concerned and will forward the P.R. slip to the Superintendent of Jail. If no history-sheet is opened and if the Superintendent does not agree that one should be prepared, he will not sign the P.R.. slip, which will be cancelled.

If the accused is a resident of another district or State or has been sent for trial by the railway police, the same will be followed except that the Superintendent of Police will not order a history-sheet to be opened. If the accused is convicted and the Superintendent considers a history-sheet to be desirable the P.R. slip will be signed and sent to the Superintendent of Jail and the Superintendent of Jail shall furnish the Superintendent of Police with a receipt for the P.R. slip. In column 10 Form No. 148 (conviction roll) the Public Prosecutor will note in red ink that this has been done and in column 15 of the same form a note will be made recommending that a history-sheet should be opened : Any conviction roll on which a recommendation for the opening of history-sheet has been made must on receipt in the district of the convict’s residence be put up before the Superintendent of Police of that district who will decide whether a history-sheet should be opened or not, and will address the Superintendent of Jail regarding the cancellation of the P.R. slip if e does not agree that a history-sheet is necessary. Notwithstanding anything in the above, the Superintendent of Police of any district in Uttar Pradesh shall subject to the final decision of the Deputy Inspector-General of the Range, to whom any question of disagreement must be referred, be bound to open a history-sheet at the request of the Superintendent of Government Railway Police for any person resident who is suspected or convicted of crime on the railway. The Superintendent, Railway Police, should specify the kind of surveillance required in each case.

In the case of persons, sent for trial by the Railway police, in which the Superintendent considers a history-sheet desirable, the Public Prosecutor will send Form No. 143 (conviction roll) endorsed, as directed above, to the Superintendent of the man’s district, through the Superintendent, Railway Police.

The Superintendent, Railway Police, in forwarding Form No. 148to the Superintendent of the district concerned will state whether he considers a historysheet necessary. If not, he will request the Superintendent of the Jail to cancel the P.R. slip.

241. Importance of P.R. slips-

P.R. slips when sent to the Superintendent of the Jail will be attached to the warrants of the convicts concerned and sent with them to any jail to which they my subsequently be transferred.

A month before the date of release of a P.R. convict, the Superintendent of the Jail concerned will send the P.R. slip to the Superintendent of Police of the convict’s home district as a warning that the convict is due to be released.

On receiving a P.R. slip, the Superintendent of Police will send into the Police station concerned with instructions to check the prisoner’s arrival and to arrange for the future surveillance, or, alternatively, to take the usual action if he fails to return and becomes untraced. The officer-in-charge of the police station will return the slip to the Superintendent with a report whether the conviction has been duly entered in Part III of the village crime note-book. (If no history-sheet has been opened on conviction, steps must be taken to discover who was responsible for the omission and a history-sheet must be opened immediately unless there are special reasons why this should not be done). P.R. slip will be filed in the record room in separate bundles by police stations. They may be taken to police stations by inspecting officers for use on the checking for historysheets. They will be destroyed after one year.

A convict whose P.R. slip has been prepared shall be released from the Jail in which he is confined and the Superintendent of the Jail shall give him a railway ticket to the railway station nearest the convict’s home. This does not apply to convicts who are members of criminal tribes or convicts concerning whom an order has been passed under Section 356), Criminal Procedure Code, 1973 (2 of 1974) and prisoners conditionally released under Section 432, Criminal Procedure Code, 1973 (2 of 1974) although they may be P.R. convicts. For the latter see paragraphs 270 and 276.

In case of death or escape of a Police registered convict the Superintendent of the Jail shall forthwith inform the Superintendent of Police concerned.

242. Principles which could guide S.P. in deciding whether a history sheet should be opened and in what category should be placed-

The following principles should guide the Superintendent of Police in deciding whether a history-sheet should be opened and in what category should be placed:

As soon as it has been established by suspicion or conviction that a suspect is an active and prominent member of a gang of dacoits, a history-sheet of class A should be opened for him and he should be ‘starred’ at once. On the other hand though class A history-sheets should as a rule be opened for burglars, cattle thieves and railway goods train thieves when they first come to notice either on suspicion or on conviction, such suspects should not be ‘starred’ until it has been clearly established by continued suspicion or by a series of convictions that they have become dangerous and confirmed criminals and are unlikely to reform.

When the existence of a gang of criminals is brought to light, history-sheets should be open only for the more prominent members of the gang. The gang register (paragraph 253) should be used as a means of keeping in touch with the minor members of a gang.

The fact that man has been bound under Section 109, Cr. P.C. is not in itself sufficient to make the opening of his history-sheet necessary. In such case the previous history of the man and the circumstances of his arrest must be taken into account. On the other hand should a person not on a history-sheet be bound over under Section 110, Cr. P.C. his history-sheet must be prepared at once.

Superintendents of Police must look into cases in which bad characters not on history-sheets have been prosecuted under Section 110, Cr. P.C. with a view to discovering how they have previously succeeded in evading the notice of the police.

History-sheets should not be opened for persons who have no fixed abode. For the restrictions imposed on the opening of history-sheets for members of resident criminals tribes, the Criminal Tribes Manual should be consulted.

It is important to open history-sheets on conviction that on suspicion and the fact that a convict has been sentenced to a term of imprisonment however long is no reason for not opening his history-sheet.

243. Preparation of history sheet in case of juveniles-

The orders in the three preceding paragraphs apply to juvenile as well as to adult prisoners and suspects but the cases of juveniles should receive specially careful consideration before order for the preparation of history-sheets are passed.

If, however, on conviction a juvenile offender is sent to the Juvenile Jail at Bareilly he will receive exceptional treatment. His P.R. slip, if one has been prepared, will be returned one month before the end of his period of detention, by the Superintendent of the Juvenile Jail to the Superintendent of Police of the district concerned with the remark that on release the Juvenile offender is to be exempted from police surveillance. On receipt of a P.R. slip so endorsed the Superintendent of Police will cause the offender’s history-sheet to be filed and will issue orders to the station officer concerned that he is to be subjected to no form of surveillance. This mitigation of the rules will not however be accorded to P.R. juvenile offenders of the following classes on release from the Juvenile Jail at Bareilly :

(a) those whose conduct during detention is considered by the Superintendent of the Juvenile Jail to show that they have not benefitted by the course of reformatory training.

The usual procedure will be followed with regard to P.R. Juvenile offenders of these two classes. A month before release in each case the Superintendent of the Juvenile Jail will send the P.R. slip to the Superintendent of Police of the district of residence with, in the case of a juvenile prisoner of class B a report on his behaviour in jail, and on release the juvenile ex-convict will be subject to the ordinary rules regarding surveillance. 

Members of criminal tribes and juveniles with more than one conviction are not admitted to the Juvenile Jail at Bareilly. The former are subject to the rules in the Criminal Tribes Manual.

244. Procedure of action under section 110 Cr. P.C. –

Before a SubInspector takes action under Section 110, Cr. P.C. he should submit an application in Police Form No. 5 through the circle inspector to the Superintendent. The circle inspector will forward the application to the Superintendent without delay with a report written after local inquiry from his own knowledge of the suspect. If the Superintendent approves of the report he may forward it to the Sub-divisional Magistrate or District Magistrate as the ‘information’ under Section 110, Cr. P.C. If the Magistrate deems it necessary to require any person to show cause under Section 110, Cr. P.C., he will make an order in writing under Section 111, setting forth the details required by that Section and will return Form No. 5 to the Sub-Inspector who will take immediate steps to arrest the person and to produce him before the Magistrate with the necessary evidence, Form No. 5 will be sent to the prosecuting officer as his brief, in the case and may be attached to the file if the Magistrate sees fit. Historysheets will not be sent to Courts as a matter of course but only when Courts ask to see them. No statements should be recorded by the Police when they are making inquiries for the purpose of action under Section 109 or 110, Cr. P.C. if such statements are recorded may be able to obtain copies under Section 162, Cr. P.C.

245. Names of history sheeter will be entered in beat book of constables and crime record book of village chaukidars-

The names of all history-sheet men will be entered in notice-books of beat constables and in the crime record book of village chaukidars. All visits by officer and men to village in which bad characters reside will be shown in the fly-sheet of the village crime note-books and an entry in the fly-sheet will indicate that all class A history sheet men in the village have been visited. A full note showing the result of these visits will be made in the general diary, with a reference to the number of the general diary report in the fly sheet, when anything of importance is ascertained a brief note will also be made in the history-sheet. In cities a separate fly-sheet on which visits of the suspect will be recorded should be attached to each history-sheet.

Note.- Fly sheet is also known as the index of surveillance of history sheeters.

246. Entry of an accomplice belonging to another police station shall inform the police of that police station –

The officer-in-charge of a police station when recording in a history-sheet an entry affecting an accomplice who is a resident of another circle shall inform the police of that circle.

247. When the history sheeter changes his address, the history sheet should or should not be sent to the police to which he has gone-

When the subject of a history-sheet changes his residence within the district the circle inspectors concerned will decide whether the history-sheet should or should not be sent to the police station to which he has gone. If a suspect changes his residence to any other district in British India his history-sheet will be forwarded in original by the Superintendent of Police to the Superintendent of the district to which he has gone. If he changes his residence to an Indian State the State police will be informed through the English office and if a history-sheet is asked for, a copy will be sent. Whenever a history-sheet is transferred from one police station to another in the same district both station officers concerned will report the fact to the Superintendent to enable him to correct his headquarters list (paragraph 249).

248. The district police will keep up history-sheets of persons addicted to crime on railways-

The district police will keep up history-sheets of persons addicted to crime on railways, except in special cases, where in the opinion of both Superintendents, the surveillance can be carried out more efficiently by the railway police. In the event of a difference of opinion, the orders of the Deputy Inspector General of range will be final. Duplicate copies of history sheets of persons addicted to crime on railway will be maintained by the railway police who for this purpose should be allowed access to district police records, as often as may be necessary : Sub-Inspectors of railway police shall immediately intimate to the Sub-Inspector, district police, who is maintaining the history-sheet and facts which in their opinion should be entered on the history-sheet, and in any case shall forward a quarterly memorandum, which will be attached to the historysheet. Similarly the district police should communicate any information regarding the subject of a history-sheet addicted to crime on railway, which is worth bringing to the notice of the railway police.

249. Class A and Class B list will be maintained separately in each and every police station-

At each police station two lists will be maintained of persons in the circle on history-sheets one list for each of the class A and B.

These lists of history-sheets, dates of ‘starring’ and ‘unstarring’ (in the case of class A suspects only) and date of discontinuance of surveillance, and will also contain a column for remarks. When a class A suspect is starred, a star will be placed against his name in the red ink on the class A list. The names on each list at each police station will be serially numbered from 1. Serial numbers will never be changed; whenever a new history-sheet is opened a new number will be taken for it on the appropriate list, and when the surveillance of a suspect is discontinued the serial number of his history-sheet will not be used against unless his surveillance is resumed.

At the headquarters of each district similar lists will be maintained thanawar in English by the Superintendent’s reader for each class of suspects, the serial numbers on headquarters and police stations list will correspond. The headquarters list should be kept up-to-date and should be used as a check at police station inspections and in dealing with all matters connected with crime.

In the column of associates of history-sheets the serial numbers and class letters, of all associates who are themselves on history-sheets will be shown against their name, e.g., A-7, B-9.

250. List of bad characters and history-sheets.-

List of bad characters and history-sheets are confidential records and though history-sheets are kept in the village crime note-book, the station officer must see that unauthorized persons do not obtain access to them.

251. Responsibility of Circle Inspectors in the matters of surveillance-

The responsibility of circle inspectors in the matter of surveillance will be strictly enforced. Whenever a circle inspector visits a police station he will check one or two of the history-sheets to see if they have been kept up-todate and will make an entry in his weekly diary to this effect. At his annual inspections he will make local inquiries regarding bad characters, paying special attention to those who are suspected to be temporarily active or who reside in areas where crime is prevalent. He will note the results of such inquiries in the history-sheets. Circle inspectors will keep up a list of all persons on historysheets in their circle in the same form as the police station and headquarters lists. They will he held responsible for recommending the person on history-sheets in their circles in the same form as the police station and ‘unstarring’ of class A suspects, on occasion may require, and for the prosecuting of Section 110, Cr. P.C. cases within their circles whenever necessary. They will bring to the notice of the Superintendent the case of any police station where the number of historysheets opened in excessive or where surveillance is not being properly exercised and will make suggestion for improvement.

Note.- Presently Circle Officers (C.O.s) are posted in place of Circle Inspectors.

252. Surveillance of persons whose criminal personal files are maintained by C.I.D.-

For special instructions regarding the surveillance of persons for whom criminal personal files are maintained by the Criminal Investigation Department, see Criminal Investigation Department Manual.

Gang Register

253. Entries in the gang register-

Whenever an organized gang of dacoits, cattle thieves or railway goods wagon thieves comes to light, particulars of the whole gang should be entered in the gang register (Form No. 45) at every police station and at the headquarters of every district in which any member of the gang resides. For burglar gangs the gang sheet prescribed in circular No. I/VI-23-25, dated the 14th September, 1929, will be used instead of the gang register. It is not necessary that all members of a registered gang should have history-sheets. Any particulars which it may be necessary to have on record regarding any individual member whose history-sheet has not been prepared should be entered against his name in column 6 of the register. Should the space available in column 6 be insufficient to contain all the facts of importance which require to be recorded about any member of a gang necessary for a history-sheet will be indicated. In column 7 will be entered the reasons for registration, the previous history and modus operandi of the gang and narrative of all facts subsequently ascertained regarding it. Whenever inquiries are made about a gang the notes of the circle inspection or other inquiry officer or if nothing of importance is ascertained, his initial and the date of inquiry will be entered in the column. Gangs will be entered in the gang register under the orders of the Superintendent. The gang register will be a permanent record and gangs will never be expunged from it. But on its being established that a gang has been broken up, inquiries and entries in the register regarding it may be discontinued by the order of the Superintendent : in which case an entry to this effect will be made in column 6 and below it a line will be drawn in red ink across the page.

254. Examination of headquarters gang register by Public Prosecutor on the conclusion of every dacoity case-

On the conclusion of every dacoity case the headquarters gang register must be examined by the Public Prosecutor who should consider and report to the Superintendent of Police what entries should be made in the register, at the same time as he consider and reports what further clues remain to be followed up in the case. Should be a gang he found to have further ramifications in more than one district, the Superintendents of the district in which it first comes to light will be responsible for proposing its registration to the Superintendents of all the other districts concerned. Superintendents of all districts in which a gang is registered must be informed of all matters of importance ascertained about it in any district and all questions regarding the addition of names or the discontinuance of entries and inquiries should be decided among the Superintendents concerned, if possible by personal discussion, once a year. Any difference of opinion as to the necessity for the registration of a gang operation in more than one district or for the continuance or discontinuance of inquiries and entries regarding it should be referred to the Deputy Inspector-General for orders.

255. Maintenance of the headquarters gang register-

The headquarters gang register will be maintained in English by the Criminal Tribes Sub-Inspector who will twice a year at intervals for six months visit each police station in his district in which any gang is registered and will check his register with the police station register taking copies in his register of any entries of importance made in the police station register and communicating to station officers any fact ascertained by him from other sources regarding gangs registered by them.

256. Procedure for the registration of gang under the Criminal Tribes Act Manual-

Any gang on the gang register which shows signs of fitness for proclamation and registration under the Criminal Tribes Act should be brought on the form of gang statement prescribed in the Criminal Tribes Act Manual. A note should be made in the gang register whenever this is done. Rules for reporting and verifying the movements of bad characters

257. Movement of history sheeter should be informed by beat constable or village chaukidar to S.O. –

It is the duty of the village chaukidar or beat constable (in towns) whenever a bad character on a history-sheet leaves his home, immediately to inform the officer-in-charge of the police station of his departure and his destination, if known.

258. Inquiry Slip-

A for verification- On receiving a report of the departure of a history-sheet man of either class, ‘starred’ or ‘unstarred’, the officer-in-charge of the police station must decide in accordance with the principles laid down in paragraph 237 and 238 whether it is necessary to send an inquiry slip A. As the station officer himself will not always be present at the police station the names of bad characters for whom inquiry slips should be sent should be kept on record in the office. When it is though necessary to send an inquiry slip A it must be made out at once in Form No. 204 and forwarded by the quickest means by hand or post to the officer-in-charge of the circle to which the bad character is alleged or believed to have gone. The chaukidar who makes the report of departure should never be made to carry the inquiry slip to the police station of destination.

259. If destination of history sheeter is not clear, Inquiry slip-

A is sent to all police stations of possible destinations- If the destination of a bad character for whom an inquiry slip is to be sent is unknown, a carbon or other copy of the inquiry slip will be sent to every police station to which he may reasonably be thought to have gone. Reference to the column of relations and associates in the history-sheet should indicate the bad character’s possible destination.

When a railway thief with history-sheet absents under suspicious circumstances the Government Railway Police Officer concerned must be immediately informed.

260. Visit of history sheeter within circle, be verified by inquiry through beat constable-

When a bad character leaves his home for an unusual or suspicious destination within the circle of which he is a resident, the report of the constable or chaukidar will be entered in the general diary and the visit will be verified as soon as possible by inquiry through a constable or from the chaukidar of the village to which the bad character is alleged to have gone.

261. Reports made by chaukidars of departure of bad characters

Reports made by chaukidars of departures of bad characters (1) to a destination outside the circle, (2) to an unusual destination within the circle (3) to an unknown destination, (4) at night will be recorded in the general diary, and a reference to the number and date of every such report will be entered in the chaukidar’s crime record book in the column provided for the purpose after each suspect’s name.

262. Procedure after receiving an inquiry slip-A-

A police officer receiving an inquiry slip A (paragraph 258) will immediately take steps to ascertain whether the bad character has arrived, he will then fill in the inquiry slip at once and send it back to the police station from which it was received. If the bad character remains in his circle he will cause him to be watched in the same way as if he were a bad character of his own circle. If anything of importance transpires about him during his stay he will send information at once to the officer-in-charge of the police station of origin. He will not delay the return of inquiry slip A in the expectation that the bad character may return to his home.

263. Difference of date or time in inquiry slip-

A to be informed to the officer, who sent it- If the bad character leaves on a date or at a time different from that given in the inquiry slip it has to be informed to the officer who sent it.

264. Procedure if the bad character does not arrive within a reasonable time-

If the bad character does not arrive within a reasonable time in the police circle to which he alleged to have gone the officer-in-charge will return inquiry slip with a report to this effect and will direct the chaukidar or constable concerned to watch for the suspect’s arrival. If the bad character eventually arrives a report will at once be sent to the police station from which the inquiry slip originally came, giving the particulars required in the inquiry slip.

265. When bad character person returns to any destination other than his home, the S.O. of the police station will issue an inquiry slip-A-

If the bad character leaves the limits of the police station to which he has come for any destination other than his home, the officer-in-charge of the police station will issue an inquiry slip A to the officer-in-charge of the police station to which he has gone in the same way as if he were a resident of his own circle sending a copy of the slip to the officer-in-charge of the police station of the bad character’s residence. The officer-in-charge of the police station to which the bad character has gone will send his reply to the inquiry slip to the police station of the bad character’s residence and will continue to act in cases of further movements as if the bad character had come direct from his home.

266. If H.S. absence is found to be suspicious, a brief note should be entered in history sheet-

In any case in which a bad character’s absence is found to be suspicious a brief note of the facts should be entered in his history-sheet as described in paragraph 239.

267. Duty of village chaukidar when he hears of the arrival of a suspicious stranger in his village-

If the village chaukidar hears of the arrival of a suspicious stranger in his village he will question him regarding his antecedents and residence and will send or take to the police station as quickly as possible all the information so obtained.

268. Issuing of inquiry slip-B-

On receipt of such information from any source the officer-in-charge of the police station will send an inquiry slip B (Form No. 205) as quickly as possible to the police station from which the stranger is alleged to have come and will note on the counterfoil his reasons for doing so.

269. Procedure on receiving an inquiry slip-N-

On receiving an inquiry slip B, the officer-in-charge of the police station will not at once return it with the information regarding the stranger. If the stranger is not a resident of his circle he will return the inquiry slip with a note to this effect. The officer who received the inquiry slip will on receiving a reply be in a position to decide whether action under Section 109, Cr. P.C. should be taken against stranger or whether he should continue to be watched. If neither prosecution nor surveillance is required the inquiry slip will be filed and no further notice will be taken on the stranger.

270. Arresting of a suspicious stranger-

If the movements or behaviour of a suspicious stranger make it reasonable to arrest him under Section 41 (2) Code of Criminal Procedure, 1973 (2 of 1974) such action should be taken at once without watching for a reply to the inquiry slip.

271. Returning of inquiry slip-B-

On the departure of the stranger from the limits of the police station from which inquiry slip B was issued the inquiry slip will be returned to the police station of his residence (a) if something suspicious has been recorded against him during his visit, or (b) if he is on a history-sheet. In all other cases the inquiry slip will remain at the police station from which it was issued.

Whenever an inquiry slip B is returned to the police station of residence, the hour and date of the suspect’s departure will be given on the slip and in case (a) above, details of suspicious behaviour should be added.

272. Issuing of inquiry slip-A for that suspect whose inquiry slip-B is issued-

If a suspect for whom an inquiry slip B has been sent is on a history-sheet and leaves for a police circle other than that of his home, an inquiry slip A will be sent to the officer-in-charge of the police circle to which he has gone, a copy being forwarded to the police station of his residence. The reply to this inquiry slip will be sent direct to the police station of residence and the officer-in-charge of the police station to which the suspect has gone will act as if the suspect had come direct from his home and inquiry slip A had been sent for him from his police station of residence.

273. Where a telephone is available inquiry slips will not ordinarily be despatched-

The duties assigned to chaukidars in rural areas will be performed in cities and towns by the police. Where a telephone is available, inquiry slips will not ordinarily be despatched, but the telephone will be used whenever reports of arrival or departure are received, such reports being recorded in the general diary or departure are received, such reports being recorded in the general diary and inquiry slips being prepared for purpose of record. Replies received by telephone will similarly be entered in the general diary and on the inquiry slip. City inspectors and officer-in-charge of city police stations will be responsible for seeing that files of inquiry slips are kept up-to-date and that replies are promptly given to telephone inquiries. Any delay of more than 24 hours in replying by telephone to an inquiry about the movement of a bad character should at once be reported to the city inspector.

274. Responsibility of S.O. for correct and regular use of inquiry slips-

Officer-in-charge of police stations must supervise the issue of inquiry slips. They will be held responsible for their correct and regular use, for examining them and for seeing that information regarding suspicious or unverified movements is duly entered in the history-sheets concerned. An index of all inquiry slips issued and received will be maintained at every police station showing in tabular form the names, destinations, history-sheet numbers and times of arrival and departure of all those for whom they are issued. When inquiry slips are sent to other provinces, the English counterparts must always be filled in.

Rules for convicts concerning whom an order has been passed under Section 356, Cr. P.C. and prisoners conditionally released under Section 432, Cr. P.C.

275. Rules for convicts against whom an order is passed under 356 Cr. P.C.-

Under Section 356, Cr.P.C., any person convicted of any of the offences specified in that section may be ordered at the time sentence is passed upon him to notify under such rules as the Local Government may make his residence and any change of or absence from such residence for a term not exceeding five years from the date of the expiration of his sentence. The following are the rules made by the Local Government under this section :

(1) Under paragraph 124 of the Jail Manual, the Superintendent of the Jail shall give the Superintendent of Police not less than two days’ notice of the date of release of the convict and the Superintendent of Police shall depute a guard in accordance with Rule 165 of the Rules for Guards and Escorts to conduct the prisoner on that date from the jail to the Superintendent of Police or other officer-in-charge at headquarters. The convict shall intimate to him the village or mohalla in which he intends to reside. The officer concerned shall then inform him of the condition which he is required to fulfil and shall enter the district and the local area notified by the convict on the copy of the order passed under Section 356, Criminal Procedure Code, 1973 (2 of 1974) (forwarded by the jail), and shall give the convict a copy in Hindi or Urdu of the rules made by the Provincial Government relating to the notification of residence by released convicts. The Superintendent of Police shall thereupon release the convict and shall enter the district and the local area notified by the convict on the copy of the order passed under Section 356) and shall give the convict a copy in Hindi or Urdu of the rules made by the Provincial Government relating to the notification of residence by released convicts. The Superintendent of Police shall thereupon release the convict.

(2) Thereafter, until the expiration of the term prescribed in order under Section 356, Cr. P.C. the convict shall comply with the rules made by the Local Government under Section 20 of the Criminal Tribes Act (VI of 1924), insofar as they relate to registered members of criminal tribes liable to the provisions of Section 10 (b) of that Act, but such person shall be required to notify his residence and any change or intended change or absence from such residence to the police of his old residence as well as to the police of the new residence.

Any convict concerning whom an order under Section 356, Cr. P.C. has been made who refuses or neglects to comply with these rules is punishable under Section 176, I.P.C. and may be arrested by any police officer without a warrant under Section 41 (1), Cr. P.C.

276. Conditions under which convicts may be released before the expiry of their sentence-

Under Section 432, Cr. P.C. read with paragraphs 189, 201, 202, 203, 204 and 205 of the Uttar Pradesh Jail Manual (1941) convicts may be released before the expiry of their sentence upon certain conditions which may be in Form A or B and must be accepted by the convict before his release.

Conditions in Form A require that during the period of sentence conditionally remitted-

(1) the convict shall not commit whether in British India or in any Indian State, an offence punishable by any law in force in British India;

(2) he shall not in any associate with persons known to be of bad character nor lead a dissolute or evil life;

(3) he shall reside within a specified district at such place as the Magistrate of that district may from time to time direct and shall not go beyond or absent himself from the limits of such place without the permission in writing of the Magistrate or the Superintendent of Police of the district in which he is required to reside;

(4) unless and until, he is exempted from doing so by the District Magistrate, he shall report himself periodically at such time and place and to such person as may, from time to time, be prescribed by the District Magistrate or Superintendent of Police of the district in which he is required to reside;

(5) he shall generally submit to and comply with the rules relating to police surveillance to be exercised over conditionally released convicts, for the time being in force.

Under paragraphs 203 and 205 of the Jail Manual, the Superintendent of the Jail must give the Superintendent of Police at least two days’ notice of the conditional release of a convict and should select for the date of release a day which is not a Court holiday. When the Superintendent of Police receives notice, he should depute a guard as provided in Rule 165 of the Rules for Guards and Escorts to conduct the prisoner on the day of release from the jail to the Superintendent of Police or officer-in-charge at headquarters. The Superintendent of Police will inform the convict of the village or mohalla in which he must reside and that thereafter until the date of the expiry of the sentence (or, if the order of release so directs, for life the rules relating to the surveillance of registered members of criminal tribes liable to the provisions of Section 10(1) (b) of the Criminal Tribes Act (VI of 1924) and whose movements have been restricted under Section 11 of that Act shall apply to him. After producing the convict before a Magistrate for the execution of the final certificate on the back of Form A, the Superintendent of Police shall release the convict.Conditions in Form B require merely that the convict shall proceed to a specified State or to the Court of the Political Officer of the said State and will not re-enter British India territory without the written permission of a specified officer.

Any convict released on conditions A or B who is detected in the commission of any breach of these conditions may be arrested without a warrant by any police officer. The case of any convict so arrested must be reported for the orders of District Magistrate who may detain the convict in custody pending the orders of Government cancelling the convict’s remission. A convict whose remission is cancelled may then be remanded under Section 401 (new 432), Cr. P.C., to undergo the unexpired portion of his sentence.

The surveillance to be exercised over convicts, released on conditions in Form A under Section 432, Cr. P.C., and convicts in respect to whom an order under Section 356, Cr. P.C., has been passed will be the same as that exercised over members of criminal tribes upon whom the same restrictions have respectively been placed, though such convicts will not have register sheets. Separate registers for each of the two cases must be maintained in the prescribed form at police stations and by the criminal tribes sub-inspector at headquarters. Particulars of convict in respect of whom an order under Section 356 is passed must be entered in the appropriate register at the time of conviction. The attention of Superintendent of Police is drawn to the importance and usefulness of Section 356, Cr. P.C. In every case in which it can be applied, Public Prosecutor should be directed to approach the Court with an application for an order under it.