Law in Motion -3The General Diary (GD) or Station Diary or Roznaamcha - 1

 

Law in Motion -3

 

The General Diary (GD) or Station Diary or Roznaamcha - 1

 

          A number of States have State Police Rules and Manuals. Rules take precedence over manuals. Manuals are usually internal instructions for guidance – a virtual ‘best practices’ or ‘standard operating procedures’ (SOPs). Sometimes, however, the two are used inter-changeably, which is not legally a correct thing to do.

 

Thus while a violation of ‘police rules’ may be justiciable i.e., public may seek redressal from the courts, the violation of ‘manuals’ or SOPs do not give a reason for public to agitate. Violation of an SOP is merely a violation of good practices, unless it is proven that the SOP was violated with mal-intent. Nagaland has the Assam Police Manual and Nagaland Police Manual as do all other states.

                                       

Most of these manuals were prepared during British times but have been periodically updated. The manuals derive their authority from the Police Rules or Cr.P.C/Other laws/Indian Constitution. Sometimes, manuals incorporate all the provisions and are in the nature of a ‘policeman’s handbook’ or ‘reference manual’ in which case, the handbook also contains most of the rules and laws – all in one place.

 

Putting the law into motion:

 

          Law starts taking recourse when a deviation from socially accepted behavior takes place. In most societies, most socially deviant behaviours are already known or listed or defined. These behaviours, would either qualify as ‘civil matters’ or ‘crimes’, the difference, usually being attributed to motives, intent and the outcomes of the action which is being considered.

 

Thus, if

 

a person ‘A’ takes money from ‘B’ and does not return it,

 

it could very well qualify as a civil matter or a crime.

 

If the intent was never to return it or the money was taken under a misrepresentation of facts, it could be a crime. However, each matter has to be considered separately and that is where discretion comes in – of public, police and even the judiciary. In some cases, a lack of ‘bad’ motive or an intention may not be able to prevent the categorization – a mere act or outcome could be considered as deviant or criminal – e.g. a road accident – intention may be absent but the act itself could complicate things for the doer.

 

Who Can Report to Police:

 

Once an ‘improper’ act is committed, law should start taking its course. However, although law is applicable everywhere, law is not omni-present. Thus, improper ‘acts or omissions’ would have to be noticed and reported. Usually, the acts come to the notice of individuals/persons in the society. It is the individuals/person who have to report the deviations. These deviations are reported by ‘persons’ to police/public servants.

 

The IPC defines a person as

"person" includes any Company or Association or body of persons, whether incorporated or not.

 

          Thus crimes can be committed by or against ‘persons’ and these persons can be living ‘man/woman’ i.e., human beings or companies and associations. The definition itself prescribes clearly that the company or association need not be incorporated or registered. This body of individuals, who are identifiable can be either victims of a crime or its perpetrators.

 

Thus, an information/report to police or magistrate can be made either by a living person or by a company or association. It is, not necessary, that the company/association make a police report only when it ‘itself’ is a victim or ‘accused’. A company or an association can make a complaint to police on ‘any matter which it feels is a crime’, not necessarily related to its work.

 

Public spirited individuals or companies or associations can also report to police/magistrates.

         

When is a report to be made to Police:

 

          An ordinary person is not expected to know which act or omission is a crime or not. However, that said, ignorance of law is no excuse in law. There is a presumption that everyone knows the law.

 

          Therefore, the prudence and commonsense dictates that when we notice or become aware of anything against the society’s morals or ethics or something which is blatantly incorrect, it should be informed to police. Which exact crime is committed in legal parlance, is for the police to decide.

 

          As a matter of caution and commonsense, anything which is discussed in closed quarters or behind backdoors or is kept hidden in secrecy deliberately is likely or should arouse suspicions about being ‘irregular’ and perhaps ‘unacceptable’ or ‘’criminal’. This is generally how acts have been criminalized in the societies at large.

 

Crimes, in our systems are not crimes against individuals only, who are called victims, but against the society. It is for this reason that in all criminal cases, the State is the prosecuting party. Acts which are serious enough to cause trouble to individuals but can adversely affect the wellbeing of the society at large are defined as ‘crimes’.

 

          Therefore, when in doubt, inform the police is the advice for the public.

 

What is the format of a Report to Police:

 

          The CrPC does not provide for any specific form or format for the public or civilians about information to the police. The public just has to inform the police in whatever manner possible.

 

          For an ordinary man, an FIR is the beginning of the process.

 

However, what is not known is that the FIR is usually preceded by the police making a record of the information received in a book/register maintained at the Police Station which is called a General Diary (GD) or Station Diary (SD) or Roznaamcha-i-Aam. Sometimes, the registration of an FIR and entry in GD is done simultaneously too. An FIR and a GD Entry (GDE) are not the same.

 

The General Diary (GD):

 

          The GD is the most important document at a police station. Information recorded in the GD sets the law in motion in policing – whether it is preventive action or investigation or even simple law and order duties. It is the document for any cross-references for any other work done at a police station.

 

          The GD of a police station/out-posts is maintained on a daily/monthly basis, serially numbered entries, in a chronological order and in duplicate or using carbon-paper. GDEs are attested by the signature of the officer in charge of a police station at the time.

 

 

On the administrative side it includes attendance of staff, distribution of duties, all ‘ins’ and ‘outs’ by police officials at police stations, visits by senior officials, misconduct by police officials on duty, transfer/postings, etc.

 

On the policing side, GD may include the following entries: 

(a)  Details of occurrences which may be brought to the knowledge of police officers;

(b) All information lodged and charges preferred whether cognizable or not, names of informants or/and all persons arrested, the offences charged against them;

(c)  Weapons or property of which police have taken possession and names of the witnesses who have been examined;

(d) For a person arrested, his name, the number of the case in which arrest was made, dates of arrest and receipt in the police station lock-up, date and hour when forwarded to the court etc ;

 

(e)  Information obtained in regard to the following matters :

·        passage through/gathering together within the limits of the station of large bodies of people;

·        assistance rendered by Panchayats;

·        Information about threatened disturbances;

·        Village chaukidars – their attendance, information furnished by them at muster parade or obtained otherwise regarding the presence of suspicious characters, gamblers, swindlers, foreigners, or members of wandering tribes, occurrence of any suspicious deaths amongst cattle, result of enquiry, if any, made by chaukidars should also be entered in the general or station diary if such information has not been entered in the Village Crime Note Book (VCNB).

 

(f) Enquiries made regarding absconders/surveillees;

(j) Help given to excise officers in detection/prevention of excise offences;

(k) Details of prisoners in the lock-up.

 

Misplaced/Stolen Document and GD:

 

          In modern times, the GD and GDEs are also significant for other reasons. Citizens usually carry/possess a large number of other documents or items which are important. Sometimes these items get stolen or misplaced and it becomes necessary to get new or duplicate ones.

 

The concerned departments/agencies ask for police reports. Usually in most such cases, a GDE is sufficient. Some such cases could be loss or un-intentional loss of ID Cards (whether Govt or private or institutional); certificates of qualification or education etc; Passports; Driving Licenses or vehicle RCs; Aadhaar Cards; ATM – Debit/Credit cards or Bank Passbooks or SIM cards; Vehicles – although a theft would have to be registered as an FIR: Insurance Policies etc or Loss of mobile phones, laptops, tablets etc – which are not theft or robbery.

 

While reporting to police, please mention the ID/Passport/Check Number, Date of issue, expiry date etc. if you have this information. The police station officer – a Literate Constable (L/C) or a Sheristadar or a Munshi records the information in a register and gives a certified copy of the report to the informant with a date/time stamp and GDE Number to the informant for record. This receipt can be used as an official document for report to police in most cases.

 

          It is important to note that NO PAYMENT is to be made to anyone at the police station for making a GDE. It is done ‘free of cost’.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Law in Motion -4

 

The General Diary (GD) or Station Diary or Roznaamcha – Cross References

 

          The Section 44 of Indian Police Act 1861, is the legal basis of the General Diary or Station Diary.

 

Section 44

44. Police- officers to keep diary.—

It shall be the duty of every officer in charge of a police-station to keep a general diary in such form shall, from time to time, be prescribed by the State Government and to record therein all complaints and charges preferred, the names of all persons arrested, the names of the complainants, the offences charged against them, the weapons or property that shall have been taken from their possession or otherwise, and the names of the witnesses who shall have been examined. The Magistrate of the district shall be at liberty to call for and inspect such diary.

 

 

We started with the basics and I have alluded to the GD as the ‘primer’ at the Police Station (PS). Almost all activities linked to the policing and law and order work have to have a GD reference – strictly speaking. I have mentioned in my previous piece, how the GD and GDEs can be useful to the public. That was just the beginning.

 

The policing work includes a host of activities on the administrative/PS management side as well as actual policing. All, virtually all have to be referenced to the GD. Ideally, even if there are registers etc. at a police station, all entries have to have a GDE reference.

 

An indicative (not exhaustive) list of administrative duties needing referencing in the GD include –

·        daily attendance of staff,

·        time of reporting for duty or shifts,

·        police station guard duties,

·        police station lock-up checking,

·        checking of police station furniture and premises,

·        time of checking of drawal of arms and ammunition from the ammunition stores,

·        time of checking and drawal of items from ‘malkhana’ (store-room) for either production before senior officers or courts or for investigation,

·        visits of senior officers for inspection etc,

·        allocation of work to the officers and staff at police station – including the conduct of inquiries, assignment of teams for beat-patrolling or traffic duties or even for VIP security duties etc,

·        time of departure of teams or police station staff for various other tasks posting of pickets,

·        arrival & departure of policemen sent for process service duties i.e. for service of judicial summons or warrants or who are sent to summon persons u/s 160 Cr. PC for purpose of investigation,

·        receipt of summons- and warrants,

·        checking of properties lying in Malkhana,

·        reports regarding cash kept in malkhana or excess expenditure etc.,

·        Information regarding checking of bad characters or about their activities for being used later to make entries in the History Sheets etc.

 

Once the officers or staff deployed for various duties/tasks have completed the same, they are supposed to return and report back to the police station. Upon arrival, their return is again to be recorded in the GD along with a brief of the work accomplished by them or report submitted.

 

          On the policing side, the Police Act briefly elucidates what all has to be included in the General diary as mentioned above. However, since the State Governments can prescribe the manner and form, the GD is usually elaborate. Thus, the GDEs usually include all or any of the following :

 

·        all complaints and charges preferred,

·        the names of all persons arrested,

·        the names of the complainants,

·        the offences charged against them,

·        the weapons or property that shall have been taken from their possession or otherwise, and the names of the witnesses who shall have been examined.

 

However, in practice, most of the times, either too less is recorded or too much, usually, too less.

 

Therefore, for public consumption, a few things need to be clear.

The GD is maintained in the name of the Officer-in-Charge (O/C or SHO) of the police station. In practice, usually, there is a person designated by name and rank as the O/C or SHO. However, it is not always he who functions as the O/C. Actually, the senior-most officer present at the police station premises, at any given point of time assumes the role of the O/C or SHO by default. The CrPC provides that any officer above the rank of a Constable can be the O/C or SHO.

Thus in States with more established policing mechanisms and institutions, when the name designated O/C leaves the PS premises, a GDE is made to that effect and simultaneously, the charge is handed over to the next senior officer available in the PS premises. Thus, he assumes charge as the O/C and if the second person goes, the next senior-most and so on. As and when the seniors return, the again assume charge as O/C. This mechanism is followed so that there is accountability fixed at the police station for any wrong doings or wrong decisions – acts of omission and commission - having been taken at the police station.

Thus, for public facilitation, it is no excuse for the police station staff to say that the name-rank designated official is not there and therefore the public grievance cannot be attended to. Whoever is present (above the rank of Constable), has to attend (because he is the O/C). This ensures responsibility, accountability and quickness of service.

Therefore, if any ordinary citizen goes to a police station, his complaint will normally be attended.

In Nagaland and in some states, there is a concept of a ‘Duty Officer’ at the PS. This Duty Officer could be for a 24 hour period. Therefore, in case the designated O/C or other seniors are not there, the Duty Officer can function as O/C and allocate work. This duty Officer aspect we shall cover later.

 

Suggestions for My Police Colleagues and the Public:

 

The Indian Police Act provides

 

“It shall be the duty of every officer in charge of a police station to ………… and to record therein all complaints and charges preferred….”.

 

A plain reading of the Section 44 mention “to record all complaints”. Therefore, there is no alternative available to the police station and the O/C but to record all complaints. It is a mandatory provision and there is “no discretion” available to the O/C or the officiating O/C on not to record a complaint which is brought to his notice either by a complainant (civilian or public) or by any police officer in the GD. Therefore it goes without saying that a commensurate GDE would have to be made indicating the incident which is reported. Once this incident is reported and recorded as a GDE, if a complainant requests for a copy, a copy of the same would also have to be provided free of cost.

 

In practice, two situations may emerge (a) a written complaint and (b) a verbal/oral complaint.

 

In the case of a written complaint it is relatively easy. The complaint can be copied in the GD in the manner in which it is submitted and either a copy of the GDE can be a hand-written one by the police station staff – the Sheristadar or Munshi or L/C or and given to the Complainant – free of cost or the L/C or Sheristadar  may note down the complaint in the GD, without modifying any details and then write down the date and time of the GDE on the body of the original complaint submitted by the complainant. This would be sufficient for the complainant. I am, at present not going into any further details of action to be taken on the complaint, as such.

 

In the case of a verbal/oral complaint, the O/C or the staff have to listen to the complainant and then reduce the gist of the information into a report and make a GDE. This situation could arise if people have not brought a written complaint or are illiterate or are otherwise due to ill-health or circumstances not in a position to give a written complaint. Therefore, submission of a WRITTEN COMPLAINT is NOT a necessary requirement for a complainant.

 

It is these cases which are tricky as there would be a tendency not to record the complaints for a variety of reasons which may range from statistics to plain laziness to put in hard work. However, my police friends would realise that this is an opportunity to make friends – an opportunity to help people in distress. No one comes to police in a state of happiness.

 

Therefore, to have a better police-public interface, the public should try to report as many ‘improper acts’ as possible while the police should try to at least record as many of the complaints as possible and give copies of GDE to the public.

 

There is a tendency to keep complaints or reports in informal channels called ‘Complaint Registers’ or ‘Complaint files’. These are not a correct thing to do because as per law “all complaints’ have to be recorded in the GD. Senior police officers should also ensue=re that informal mechanisms are not encouraged.

 

In Nagaland where the reported incidence of Crime by way of complaints (GDEs) or even FIRs is extremely low as compared to other States, we need to encourage more and more, free and frank reporting of complaints by the public. This free reporting and recording has its own advantages, as I will dwell upon in the future pieces.