Chapter II SUPERINTENDENCE, CONTROL AND ORGANISATION OF THE POLICE FORCE

There shall be one Police Force including the State Reserve Police Force established under section 145 for the whole of the State: State Provided that the members of the Police Forces constituted under any of the Acts mentioned in Schedule I, immediately before coming into force of this Act, shall be deemed to be the members of the said Police Force. In section 20F of the principal Act,- (i) for sub-section (1), the following shall be substituted, namely:- "(1) Subject to superannuation, the officers who are in operational duties or such other duties as may be notified by the Government from time to time shall have a minimum tenure of one year: Provided that any such officer may be transferred by the Police Establishment Board or by the Government as the case may be from his post before the expiry of the minimum tenure consequent upon,- (h) promotion to a higher post; or (i) on conviction, or charges having been framed by a court of Law in a criminal offence; or (j) imposition of punishment of dismissal, removal, discharge or compulsory retirement from service or of reduction to a lower rank awarded under the relevant discipline and appeal rules; or (k) suspension from the service in accordance with the provisions of the said rules; or (l) incapacitation by physical or mental illness or otherwise becoming unable to discharge his functions and duties; or (m) the need to fill up a vacancy caused by promotion, transfer or retirement; or (n) on request of the officer concerned in writing: Provided further that the Government may, transfer an officer before the expiry of his minimum tenure on account of misconduct or gross negligence or an act of moral turpitude in the opinion of the State Government". (ii) for sub-section (2), the following shall be substituted, namely:- "(2) Subject to superannuation, the Additional Director General of Police, the Inspector General of Police in charge of Range or Superintendent of Police in charge of a District including Additional Superintendent of Police who are on operational duties in the field or such other duties as may be notified by the Government from time to time shall have a minimum tenure of one year: Provided that the Government may transfer such officer within a period of one year for reasons of gross misconduct or negligence or an act of moral turpitude in the opinion of the State Government or under circumstances specified in the provisos to sub-section (1)".

The superintendence of the Police Force throughout the State vests in and is exercisable by the Government and any control, direction or supervision exercisable by any officer over any member of the Police Force shall be exercisable subject to such superintendence.

Subject to the provisions of this Act,— (a) the Police Force shall consist of such number in the several ranks and have such organisation and such powers, functions and duties as the Government may by general or special order determine; (b) and proviso x x x

(1) For the direction, control and supervision of the Police service, the Government shall appoint a Director General and Inspector General of Police, who shall subject to the control of the Government, exercise such powers and perform such functions and duties and shall have such responsibilities and such authority as may be provided by or under this Act. (2) The Director General and Inspector General of Police shall be selected by the State Government from amongst officers of the Indian Police Service in the rank of Director General of Police who have been empanelled for promotion to that rank on the basis of their length of service, very good history of service, professional knowledge and ability to lead Police Force in the State. (3) The Director General and Inspector General of Police so appointed shall have a tenure of not less than two years subject to superannuation: Provided that the Government may transfer the Director General and Inspector General of Police before completion of two years of his tenure, if he is,– (a) convicted by a court of law in a criminal case or where charges have been framed against him by a court in a case involving corruption or offences which amounts to moral turpitude; or (b) incapacitation by physical or mental illness or otherwise becoming unable to discharge his functions as the Director General and Inspector General of police; or (c) appointed to another post with his consent; or (d) imposed punishment of dismissal, removal, or compulsory retirement from service or of reduction to a lower post, awarded under the provisions of the All India Services (Discipline and Appeal) Rules, 1969 or any other relevant rule; or (e) under suspension from service; or (f) when a prima-facie case of misconduct or gross negligence is established after a preliminary enquiry. (4) The Government, may by notification, delegate such powers or give such directions as it deems necessary to the Director General and Inspector General of Police who shall exercise the powers and discharge the functions so entrusted to him by or under this Act.

(1) The Government may appoint a Police Officer not below the rank of a Deputy Inspector-General of Police to be the Commissioner of Police for the City of Bangalore or any other area specified in a notification issued by the Government in this behalf and published in the official Gazette. (2) The Commissioner shall exercise such powers, perform such functions and duties and shall have such responsibilities and authority as are provided by or under this Act or as may otherwise be directed by the Government by a general or special order: Provided that the Government may direct that any of the powers, functions, duties, responsibilities or authority exercisable or to be performed or discharged by the Commissioner shall be exercised, performed or discharged subject to the control of the Inspector-General: Provided also that in any area for which a Commissioner is appointed and is empowered to exercise any power or perform any function or duty under this Act, the District Magistrate shall not exercise the same power or perform the same function or duty notwithstanding the fact that such area forms part of a District within the territorial jurisdiction of the District Magistrate: Provided further that the area for which a Commissioner has been appointed, under this section shall not, unless otherwise provided by or under this Act, be under the charge of a Superintendent for any of the purposes of this Act, notwithstanding the fact that such, area forms part of a district within the territorial jurisdiction for which a Superintendent may have been appointed.

(1) The Government may appoint for each district or for a part of a district or for one or more districts a Superintendent and one or more Additional Superintendents and such Assistant and Deputy Superintendents of Police, as it may think expedient. (2) The Government may, by a general or special order, empower an Additional Superintendent to exercise and perform in the district for which he is appointed or in any parts thereof, all or any of the powers, functions or duties to be exercised or performed by a Superintendent under this Act or under any law for the time being in force. (3) The Superintendent may, with the previous sanction of the Government, delegate any of the powers and functions conferred on him by or under this Act to an Assistant or Deputy Superintendent.

The Government may appoint for the whole of the State of Karnataka or any part thereof one or more Superintendents of Police as it may think fit,— (1) for the police wireless system; (2) for the police Motor Transport system; or (3) for the Railway Police; or (4) for the performance of such specific duties as the Government may from time to time determine in this behalf, and the Superintendent so appointed shall exercise such powers and perform such functions as the Government may from time to time assign to him provided that such powers and functions shall be exercised or performed subject to the control of the Inspector-General.

The Government may appoint any Police Officer not below the rank of a Superintendent to be the Principal of a Police Training School, or College, and may assign to him such powers, functions and duties as it may think fit.

11. Deputies and Assistants to the Commissioner. (1) The Government may appoint one or more Deputy Commissioners not below the rank of a Superintendent and one or more Assistant Commissioners of Police not below the rank of an Assistant Superintendent or Deputy Superintendent in the City of Bangalore or in any area in which a Commissioner has been appointed under sub-section (1) of section 7. (2) Every such Deputy or Assistant Commissioner shall, under the orders of the Commissioner, exercise and perform any of the powers, functions and duties of the Commissioner to be exercised or performed by him under the provisions of this Act or any other law for the time being in force, in accordance with the general or special orders of the Government made in this behalf: Provided that the powers to be exercised by the Commissioner of making, altering or rescinding rules under section 31 shall not be exercisable by a Deputy or Assistant Commissioner.

Subject to such rules as the Government may from time to time make, the appointment of Police Officers of and below the rank of Inspectors shall be made by the prescribed authority.

13. Certificates of appointment. (1) Every Police Officer of and below the grade of Inspector shall, on appointment receive a certificate in the form provided in Schedule I. The certificate shall be issued under the seal of such officer as the Government may by general or special order direct. (2) A certificate of appointment shall become null and void whenever the person named therein ceases to belong to the Police Force or shall remain inoperative during the period within which such person is suspended from such force.

The powers, functions and privileges vested in a Police Officer shall remain suspended whilst such Police Officer is under suspension from office: Provided that notwithstanding such suspension such person shall not cease to be a Police Officer and shall continue to be subject to the control of the same authorities to which he would have been, if he was not under suspension.

The Commissioner, subject to the orders of the Inspector-General of Police and the Superintendent, subject to the orders of the Inspector-General and the Deputy Inspector-General of Police, shall within their respective spheres of authority, direct and regulate all matters of arms, drill, exercise, observation of persons and events, mutual relations, distribution of duties, study of laws, orders and modes of proceedings and all matters of executive detail or the fulfilment of their duties by the Police Force under him.

(1) The Superintendent of Police shall be the head of the police in the district or part of the district for which he is appointed as Superintendent. (2) The administration of the Police in a district or part of a district by the Superintendent of Police shall be subject to the general control of the District Magistrate of the District. (3) In exercising such control, the District Magistrate shall be governed by such rules and orders as the Government may make in this behalf.

The District Magistrate may require from the Superintendent reports, either particular or general, on any matter connected with the crimes, habitual offenders, the prevention of disorder, the regulation of assemblies and amusements, the distribution of the Police Force, the conduct and character of any Police Officer subordinate to the Superintendent, the utilization of auxiliary means and all other matters in furtherance of his control of the Police Force and the maintenance of order.

18. Power of supervision by District Magistrates. If the District Magistrate observes any marked incompetence or unfitness for the locality or for his particular duties, in any Police Officer subordinate to the Superintendent, he may require the Superintendent to substitute another officer for any officer whom he has power to transfer and the Superintendent shall be bound to comply with the requisition: Provided that if the Police Officer concerned is an officer of the grade not below that of an Inspector, the District Magistrate may report his conduct to the Inspector-General. The Inspector-General may, thereafter, determine the action to be taken and pass such orders as he thinks fit, and shall communicate such action or order to the District Magistrate.

19. Special Police Officers. (1) Whenever it shall appear on an application of any Police Officer not below the rank of Sub-Inspector, that any unlawful assembly or riot or disturbance of the peace has taken place or may be reasonably apprehended in any place and that the Police force ordinarily employed in the place is not sufficient for its preservation and for the protection of the inhabitants and the security of property in the place, the Commissioner, the Superintendent or any First Class Magistrate, or any other Magistrate specially empowered in this behalf by Government, may by a written order signed by himself (1) The Commissioner, the Superintendent or any Magistrate authorised by the State Government in this behalf may at any time by a written order under his hand and sealed with his own seal appoint any able-bodied male person, whom he considers fit and who is between the ages of eighteen and fifty and resident in any neighbourhood to be a Special Police Officer to assist the Police Force, during such time and within such limits as the Commissioner, the Superintendent or Magistrate shall deem necessary. (2) Every Special Police Officer so appointed shall on appointment,— (a) receive a certificate in a form approved by the Government in this behalf. (b) have the same powers, privileges and immunities and be liable to the same duties and responsibilities and subject to the same authorities as an ordinary Police Officer.

(1) Additional Police Officers of such rank or grade for such time and on such pay as the authority specified by or under the provisions of this Act in that behalf may determine may be employed or deputed for the purpose stated in such provisions. (2) Every additional Police Officer appointed, shall on appointment,— (a) receive a certificate in a form approved by the Government in this behalf; (b) be vested with all or such of the powers, privileges and duties of a Police Officer, as are specially mentioned in the certificate; and (c) be subject to the orders of the Commissioner or the Superintendent, as the case may be. (3) The employment or deputation of such additional Police Officer may be made at the request of any person requiring such Police and the cost of such employment shall be recovered in such manner as is provided by or under this Act or under any other law for the time being in force.

(1) The State Government may, by notification in the official Gazette, establish a Commission to be called the State Security Commission for the purpose of exercising such functions and discharging such duties as may be assigned to the Commission, by or under this Act. (2) The State Security Commission shall consist of the following members, namely:- (a) The Chief Minister - Chairman (b) The Home Minister - Vice Chairman (c) Leader of the Opposition in the Legislative Assembly - Member (d) A Retired judge of the High Court nominated by the Chief justice of Karnataka - Member (e) Chief Secretary to Government - Member (f) Additional Chief Secretary/ Principal Secretary, in charge of Home Department - Member (g) Director General of Police and Inspector General of Police - Member Secretary (3) The terms and conditions of appointment and allowance payable thereof to the retired judge shall be such as may be prescribed. (4) The functions of the Commission shall include,- (a) laying down the broad policy guidelines for ensuring that the State Police always acts according to the laws of the land and the constitution of India; (b) laying down the broad principles and giving directions for the performance of the preventive tasks and service oriented functions of the police; (c) evaluation of the performance of the State Police and submission of report thereon to the Government for placing before the State Legislature; and (d) any other functions as may be prescribed. (5) The recommendations of the Commission shall be binding on the Government.

(1) The State Government shall, by notification in the official Gazette, establish a Police Establishment Board with the Director General and Inspector General of Police as Chairman and three senior police officers not below the rank of Additional Director General of Police as members to be nominated by the Government. Additional Director General of Police (Administration) shall be the Member Secretary. (2) The functions of the Police Establishment Board shall be as follows, namely:- (a) Subject to the provisions of section 20F, it shall decide on transfers, postings, promotions and other service related matters of officers of and below the rank of Deputy Superintendent of Police. (b) It shall also make recommendation for promotion to the rank of Deputy Superintendents of Police after duly verifying reservation and quota prescribed for direct recruitment and promotion. For this purpose a separate register shall be maintained by Director General and Inspector General of Police, as per orders or guidelines prescribed by Government from time to time. (c) [XXX] (d) Generally review the functioning of the police force in the State. (e) Perform such other functions as may be prescribed. (3) Subject to its control and directions, the Police Establishment Board may authorize the Superintendent of Police to effect transfers of Group C and D officials within the district and the Inspector General of Police within the Range. (4) The Government may modify the decision of the Police Establishment Board after recording its reasons for doing so. (5) The transfers decided and effected by the Police establishment Board shall be strictly in accordance with section 20F and the general transfer guidelines issued by Government from time to time. (6) The cases pertaining to transfer of Police officers or personnel on complaints shall be considered by the Police Establishment Board and action taken in this regard shall be reported to Government. (7) Copies of proceedings of the Police Establishment Board and the transfer orders issued thereon shall be sent to Government forthwith.

(1) The State Government shall, by notification in the official Gazette, constitute the State Police Complaints Authority consisting of five persons, namely:- (i) One shall be the Chairman selected from among the panel of three retired High Court Judges recommended by the Chief Justice of High Court of Karnataka. (ii) one member shall be from among the retired Civil Service who shall be an officer not below the rank of Principal Secretary to Government; (iii) one member shall be from Civil Society. The Civil Society member shall be chosen by the State Government from amongst the panel of three names recommended by the Search Committee consisting of three persons nominated by the State Government one each representing the Human Rights Commission, the Karnataka Public Service Commission and the Lokayukta. The State Government shall appoint one of the members as the Chairman of the Search Committee and an officer not below the rank of Deputy Secretary to Government, Home Department as the convener of the Search Committee. The persons in the panel shall be a person of repute who has rendered humanitarian service in the field of education, health, upliftment of the poor etc. and had not aligned himself with any political party or ideological group; (iv) one women IPS Officer of not below the rank of Deputy Inspector General of Police; and (v) the Additional General of Police (Grievance) nominated by the State Government as the Ex-officio member and member Secretary of the Authority. (2) A person shall be disqualified for being appointed as member, if he,– (a) has directly or indirectly associated himself with any Anti Social or Anti National group or body; (b) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the State Government, involves moral turpitude; or (c) is an undischarged insolvent; or (d) is of unsound mind and stands so declared by a competent court; (e) has such other disqualifications as may be prescribed. (3) Every non-official member of the State Police Complaints Authority shall hold office for a period of three years. (4) The salary or honorarium and other allowances payable to, and the other terms and conditions of service of the non-official members of the State Police Complaints Authority shall be such as may be prescribed. (5) The Government shall provide such number of staff as is necessary for assisting the functions of the State Police Complaints Authority. (6) The State Police Complaints Authority shall look into complaints against officers of the rank of Superintendent of Police and above, including Additional Superintendent of Police, and take cognizance of allegations of serious misconduct by the police officers which would include incidents involving death, grievous hurt or rape in police custody. (7) The State Police Complaints Authority shall inquire into allegations of serious misconduct against police officers, after providing an opportunity of being heard to the alleged police officer either suo moto or on a complaint received from any of the following, namely:- (a) a victim or any person on his behalf; or (b) the National or the State Human Rights Commission; or (c) the police; or (d) any other source. Explanation.- (1) “Serious misconduct” for the purpose of this Chapter, shall mean any act or omission of a police officer that leads to or amounts to,- (a) death in police custody; or (b) grievous hurt, as defined in section 320 of the Indian Penal Code, 1860; or (c) rape or attempt to commit rape; or (d) arrest or detention without due process of law. (2) “Misconduct” in this context, shall mean any willful breach or neglect by a police officer of any law, rule, regulation applicable to the police that adversely affects the rights of any member of the public, excluding “serious misconduct” as defined in explanation (1). (8) In the cases suo moto inquired by the State police Complaints Authority, it may, issue notice to Director General and Inspector General of Police and direct him to file his views on the complaint during the enquiry. The State Police Complaints Authority may take into account the views and facts furnished by the Director General and Inspector General of Police that may have a material bearing on the cases: Provided that the State Police Complaints Authority shall not have jurisdiction on the complaint against police officer where a separate authority is created by any other Act for this purpose. (9) On completion of the enquiry, if the allegations are proved partly or fully, the State Police Complaints Authority shall forward its report to the disciplinary authority for appropriate action against the accused officers. (10) The State Police Complaints Authority shall also supervise, monitor and control the functioning of District Police Complaints Authorities. It shall compile Annual Report of the

(1) The Government shall in consultation with State Police Complaints Authority, by notification in the official Gazette, constitute the District Police Complaints Authority under the chairmanship of the Deputy Commissioner of the concerned District and three other members, namely:- (i) one member of retired Civil Service shall be an officer not below the rank of Assistant Commissioner; (ii) one member shall be from the Civil Society. The Civil Society member shall be chosen by the State Government from amongst the panel of three names recommended by the Search Committee consisting of three persons one each representing the Human Rights Commission, Karnataka Public Service Commission and the Lokayukta. The State Government shall appoint one of the members as Chairman of the Search Committee and an officer not below the rank of Deputy Secretary to Government, Home Department as convener of the Committee. The persons in the panel shall be a person of repute who has rendered humanitarian service in the field of education, Health, upliftment of the poor etc. and had not aligned himself with any political party or ideological group; and (iii) the Superintendent of Police in charge of the District shall be ex-officio member and member Secretary of the Authority. (2) A person shall be disqualified for being appointed as member if he,– (a) has directly or indirectly associated himself with any Anti Social or Anti National group or body; (b) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the State Government, involves moral turpitude; or (c) is an undischarged insolvent; or (d) is of unsound mind and stands so declared by a competent court; or (e) has such other disqualifications as may be prescribed by the State Government. (3) Every member of the District Police Complaints Authority other than the ex-officio member shall hold office for a period of three years. (4) The salary or honorarium and other allowances payable to, and the other terms and conditions of service of the non-official members of the District police Complaints Authority shall be such as may be prescribed. (5) It shall be the duty of the district police complaints authority to ensure that all its members and their staff are regularly trained, interalia about,- (a) technical and legal issues related to departmental inquiries; (b) specific forms of human rights violation; and (c) appropriate handling of victims of police abuse. (6) Necessary staff required for the functioning of the District Police Complaints Authority shall be provided by Government. (7) The District Police Complaints Authority shall look into complaints against police officers of and below the rank of Deputy Superintendent of Police and take cognizance of allegations of serious misconduct by the police officers, which would include incidents involving death, grievous hurt or rape in police custody. (8) The District Police Complaints Authority shall,- (a) have the power to enquire into misconduct or abuse of power by or against police officers of and below the rank of Deputy Superintendent of Police after giving an opportunity of being heard to him. The Authority shall have the power to investigate any case itself or ask any other agency to investigate and submit a report. The District Police Complaints Authorities shall submit its report to the competent disciplinary authority for appropriate action against the accused officers; (b) if the complaint contains allegations against any police officer of or above the rank of Deputy Superintendent of Police the District Police Complaints Authority, shall forward the same to the State Complaints Authority, for further action; (c) forward the complaints of “serious misconduct”, received directly by it, to the State Police Complaints Authority for further action: Provided that District Police Complaints Authority shall not have jurisdiction on the complaints against the police offices where a separate authority is created by any other Act for this purpose. (9) Each District police Complaints Authority shall prepare and submit to the State police complaints Authority an annual report before the end of each calendar year, inter alia, containing,- (a) the numbers and types of cases of “serious misconduct” and “misconduct” forwarded by it to the State Police Complaints Authority during the year; (b) the number and types of cases of “misconduct” referred to it by the complainants upon being dissatisfied by the departmental inquiry into his complaint ; (c) the number and types of cases referred to in clause (b) above in which advice or direction was issued by it to the police for further action; (d) such other related administrative and financial matters as may be prescribed.

The State Police Complaints Authority and District Police Complaints Authority shall, while investigating any matter under this Act, have all the powers of a civil court in trying a suit and in particular, in respect of the following matters, namely:- (a) summoning and enforcing the attendance of any person from any part of the State and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy there of from any court or office; (e) issuing Commissions for the examination of witnesses and documents; and (f) any other matter which may be prescribed.

20F. Tenure of officers incharge of police stations, circle, sub-division, district and range (1) Subject to superannuation, the officers who are in operational duties or such other duties as may be notified by the Government from time to time shall have a minimum tenure of two years: Provided that any such officer may be transferred by the Police Establishment Board or by the Government as the case may be from his post before the expiry of the minimum tenure consequent upon,- (a) promotion to a higher post; or (b) on conviction, or charges having been framed by a court of Law in a criminal offence; or (c) misconduct or gross negligence or dereliction of duty or an act of moral turpitude; or (d) suspension from the service in accordance with the provisions of the said rules; or (e) incapacitation by physical or mental illness or otherwise becoming unable to discharge his functions and duties; or (f) the need to fill up a vacancy caused by promotion, transfer or retirement; or (g) on request of the officer concerned in writing: (2) Subject to superannuation, the Additional Director General of Police, the Inspector General of Police in charge of Range Police who are on operational duties in the field or such other duties as may be notified by the Government from time to time shall have a minimum tenure of one year: Provided that the Government may transfer such officer within a period of one year for reasons of gross misconduct or negligence or an act of moral turpitude in the opinion of the State Government or under circumstances specified in the provisos to sub-section (1) and Superintendent of police in charge of District including Additional superintendent of police who are on operational duties in the field or such other duties as may be notified by the Government from time to time shall have a minimum tenure of two years. In section 20F of the Karnataka Police Act, 1963 (Karnataka Act 04 of 1964), in sub-section (1),- (i) in the first proviso, for clause (c), the following shall be substituted, namely:- “(c) misconduct or gross negligence or dereliction of duty or an act of moral turpitude or”; (ii) the second proviso shall be omitted.

(1) The Police station shall be headed by a Station House officer not below the rank of an Inspector of Police or Sub-inspector of Police as the Government may by order determine. (2) In each police station there shall be two units, namely:- (a) one exclusively dealing with crime investigation consisting of such number of police officers as Director General of Police and Inspector General of Police may by order determine to deal with detection and investigation of crime; and (b) another unit dealing with Law and Order consisting of such number of police officers as may be determined by the Director General of Police and Inspector General of Police by order, for the purpose of maintenance of Law and Order, traffic and prevention of crimes: Provided that in any Police Station where the average annual number of crimes registered exceeds such number as prescribed, there shall be two Police Sub-Inspectors or Inspectors of Police, as the case may be one each for crime investigation and law and order units separately: Provided further that the police personnel assigned to either of the unit shall not be deployed for any other purpose without the written permission of the Superintendent of Police of the District or the Commissioner of Police as the case may be.