The Sikkim Police Act, 2008

The Sikkim Police Act, 2008

Criminal2008176 sections

The Sikkim Police Act, 2008 provides the legal framework for the organization, administration, and regulation of the police force in the state of Sikkim. It applies to all police personnel, state administrative officers, local bodies, and the general public within Sikkim. The Act establishes a unified police service, sets up institutional oversight bodies like the State Police Board and Police Accountability Commission, and defines police duties regarding law enforcement, crime investigation, public order, and community liaison. This law matters because it modernizes police functioning, ensures operational autonomy alongside public accountability, protects human rights, and promotes transparent, responsive policing across Sikkim.

  1. 1. Short title, extent and commencement
  2. 2. Definitions
  3. 3. One Police Service for the State
  4. 4. Constitution and composition of the Police Service
  5. 5. Appointment of Director General of Police, etc.
  6. 6. Selection and term of office of the Director General of Police
  7. 7. Creation of Police Ranges and Police zones
  8. 8. Police Districts
  9. 9. District level Special cells, Sub-Divisions
  10. 10. Police Stations
  11. 11. Term of office of key Police functionaries
  12. 12. Co-ordination in the matters of overriding public importance
  13. 13. General Administration
  14. 14. State Intelligence and Criminal Investigation Departments
  15. 15. Technical and Support Services
  16. 16. Police Training Centre
  17. 17. Research and Development
  18. 18. Oath or affirmation by Police Officers
  19. 19. Certificate of appointment
  20. 20. Uniform and badges of rank
  21. 21. Special Police Officers
  22. 22. Additional Police Officers
  23. 23. The Civil Police
  24. 24. Scale of arms
  25. 25. Service conditions
  26. 26. Control and Supervision
  27. 27. Conduct and Discipline
  28. 28. Mounted Police
  29. 36. Armament
  30. 37. Superintendence of State Police to vest in the State Government
  31. 38. Strategic Policing Plan and Annual Policing Plan
  32. 39. State Police Board
  33. 40. Composition of the Board
  34. 41. Panel for selection of Independent Members
  35. 42. Method of selection
  36. 43. Grounds of Ineligibility for Independent Members
  37. 44. Term of office of Independent Members
  38. 45. Removal of Independent Members
  39. 46. Functions of the State Police Board
  40. 47. Expenses of the State Police Board
  41. 48. Transaction of Business by the Board
  42. 49. Annual Report of the State Police Board
  43. 50. Administration of Police
  44. 51. Powers and responsibilities of the Director General of Police
  45. 52. Police Establishment Committee
  46. 53. Procedure for Promotion of Police Officers
  47. 54. Training cum Education Policy for the Police
  48. 55. Financial Management
  49. 56. Police Gazette
  50. 57. Role, functions and duties of the Police
  51. 58. Social responsibilities of the Police
  52. 59. Duties of the Police
  53. 60. Essential services
  54. 61. Senior police officer performing duties of subordinate officer
  55. 62. All persons bound to comply with the reasonable directions of Police Officer
  56. 63. Arrest and Detention
  57. 64. Conduct prohibited for Police Officers
  58. 65. Police Stations covering rural or town areas
  59. 66. Security of Police Stations
  60. 67. Police Beat
  61. 68. Beat Police Officer
  62. 69. Duties and responsibilities of Beat Officer
  63. 70. Village visit by Station House Officer and supervisory officer
  64. 71. Enlistment of Village Guard and Selection Criteria
  65. 72. Tenure of Village Guard
  66. 73. Removal of village Guard
  67. 74. Village Guard to be public Servant
  68. 75. Training of Village Guard
  69. 76. Oath or Affirmation by Village Guard
  70. 77. Honorarium and identification badge of Village Guard
  71. 78. Return of Identification Badge etc. by Village Guard
  72. 79. Duties and Responsibilities of Village Guard
  73. 80. Village / Town Defence Parties
  74. 81. Induction into Village/Town Defence Parties
  75. 82. Tenure of Village/Town Defence Parties
  76. 83. Action against Member of Village/Town Defence Parties
  77. 84. Identification Badge
  78. 85. Return of Identification Badge etc.
  79. 86. Community Liaison Group
  80. 87. Duties and Functions of Community Liaison Group
  81. 88. Police to be associated in urban planning and setting up of new colonies
  82. 90. Internal Security Scheme
  83. 91. Review of Internal Security Scheme
  84. 92. District level Internal Security Scheme
  85. 93. Scheme to cover backward and Inaccessible areas
  86. 94. Security of critical infrastructure to be covered by the scheme
  87. 95. Scheme to cover specific security requirement arising out of any activity or programme
  88. 96. Crime Investigation
  89. 97. Separate crime investigation unit
  90. 98. Selection of officers for Crime Investigation Units
  91. 99. Tenure of officers in CIU
  92. 100. Specific offences to be investigated by Crime Investigation Units
  93. 101. Legal and forensic assistance
  94. 102. Supervision of investigation
  95. 103. Investigations by Criminal Investigation Department
  96. 104. Specialized units for specific crime
  97. 105. Selection of officers for the Criminal Investigation Department
  98. 106. Legal advisors and experts
  99. 107. Funds, powers and facilities for scientific investigation
  100. 108. Scientific Aids to Investigation
  101. 109. Investigation Manual and Crime Review
  102. 110. Maintenance of Crime & Forensic Data Bank and Fingerprint Bureau
  103. 111. Training cum Education Policy
  104. 112. Training to be linked to promotion and Posting
  105. 113. Methodology in Evolving Training Policy
  106. 114. Infrastructure of Training Institutions
  107. 115. Training in Central and Regional Police Training institutions
  108. 116. Guidelines of Bureau of Police Research etc. to be taken into consideration for Training
  109. 117. Assistance from Bureau of Police Research and Development etc.
  110. 118. State Bureau of Police Research and Development
  111. 119. Developmental Scientific and Technical Assistance
  112. 120. Functions of State Bureau of Police Research and Development
  113. 121. Framing of rules for administration of Police
  114. 122. Prohibition of certain practices
  115. 123. Disciplinary Penalties
  116. 124. Suspension
  117. 125. Misconduct
  118. 126. Appeal against orders of punishment
  119. 127. Separate set of rules for police personnel
  120. 128. Police officers always on duty
  121. 129. Police officer not to abdicate duty without proper authorization
  122. 130. Police officer not to engage in employment or office of profit
  123. 131. Additional mechanism for Police accountability
  124. 132. Police Accountability Commission
  125. 133. Composition of the Commission
  126. 134. Selection of Chairperson and Members of the Commission
  127. 135. Ineligibility for membership
  128. 136. Term of office and conditions of service of Chairperson and Members
  129. 137. Removal of Chairperson and Members
  130. 138. Staff of the Commission
  131. 139. Conduct of business
  132. 140. Functions of the Commission
  133. 141. Powers of the Commission
  134. 142. Statements made to the Commission
  135. 143. Persons likely to be prejudicially affected to be heard
  136. 144. Decisions and recommendations of the Commission
  137. 145. Reports of the Commission
  138. 146. Rights of the complainant
  139. 147. Duty ofthe Police and other State agencies
  140. 148. lnterterence with lhe Iunctionlng oftheCommisslon
  141. 149. Accountabllity for performance
  142. 150. Reports ol the Boarcl on police perlormanc_e
  143. 151. Prolectioh olaction taken in good faith
  144. 152. Welfare Officer and Welfare Committee
  145. 153. Insurancecover, allowances and medical facilities
  146. 154. Grievance Fledressal
  147. 155. workinq hours
  148. 156. Regulatjon of Public assemblies and processions
  149. 157. Assemblies and Processions violating prescribed condilions
  150. 158. Regulation oltheuse of music and other sound systems in public places
  151. 159. Directions to keep order on public roads
  152. 160. Penalty for disobeying orders ordirections
  153. 161. Power lo reserve public places, and erect barriets
  154. 162. Saving ol Control ol lMagistrate of the District
  155. 163. Obstruction in Police work
  156. 164. Unautho.ised use of Police uniform
  157. 165. Retusallo deliver up ceatificate etc. on ceasing to be Police officer
  158. 166. False or misleading statement nade to the Police
  159. 167. Dereliction of duly by Police officer
  160. 168. Arrestj search, selzule
  161. 169. Offences by the publlc
  162. 170. Procedural matters
  163. 171. Prosecution of police of,ficers
  164. 172. Prosecution f or offences under other laws
  165. 173. Summary disposalof certain cases
  166. 174. Recovery of penalties and fines imposed bY Magistrates
  167. 175. Limitation oI actions
  168. 176. Section 176
  169. 177. l,!e}hod of provin g orders and noti::cations
  170. 181. Public notices how to be given
  171. 182. Consent of competent authority may be Proved by writing under his signature
  172. 183. Power to make rules, notification in official Gazette, and laying of rules before the State Legislature
  173. 184. Power of Additional Director General of Police etc. to issue Standing Instructions on matters within their jurisdiction
  174. 185. Power to remove difficulties
  175. 186. Persons aggrieved may apply to State Government to annul, reverse or alter any rule
  176. 187. Repeal and saving

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