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ASSAM POLICE ACT, 2007
1. Short title, extent and commencement - (1) This Act may be called the Assam Police Act, 2007.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, specify in this behalf.
2. Definitions-(1) In this Act, unless the conte
3. One Police Force of the State – (1) There shall be one Police Force for the State, Members of the Police shall be liable for posting to any Branch of the force in the State, including any of its specialized wings
(2) The entire police establishment under the State Government shall, for the purpose of this Act, be deemed to be one Police Force and shall be formally enrolled and
4. Constitution and composition of the Police Force – Subject to the provision of this Act, -
(1) the Police Force shall consist of such members in various ranks and have su
5. Appointment of the Director General, Additional Directors General, Inspector General, Deputy and Assistant Inspector General –
(1) For the overall direction and Supervision of the Police force, the State Government shall appoint a Director General of Police of the State who shall exercise such powers, perform such functions and duties, and have such responsibilities and such
6. Selection and term of office of the Director General of Police -
(1) The State Government shall appoint the Director General of Police from amongst the five eligible senior-most officers of the State, empanell
7. Administration of Police in Metropolitan Areas, Major Urban Areas and other notified Areas – The State Government may, by notification in the official gazette establish for each urban areas with a population of 10 lakhs or more as may be notified for the purpose from time to ti
8. Creation of Police Zones and Ranges – (1) The State Government, in consultation with the Director General of Police, may be notification divide the entire geographical area of the State into one or more Police Zones. Each Zone, comprising two or more Police Ranges, shall be headed by an Officer of the rank of Inspector General who shall supervise the police administration of the Zone and report directly t
9. Police Districts – The State Government may in consultation with the Director General of Police of the State, may by notification declare any area within the State to be a Police District. The administration of the Police throughout such district shall vest in the Superintendent of Police who may be assisted by as many Additional, Assistant or Deputy Superintendents, as deemed necessary and are notified.<
10. District level Special Cells, Sub-Division’s and Circles – (1) Fo
11. Police Station – (1) The State Government may, in consultation with the Director General of Police of the State and by notification, crate as many Police Stations with as many outposts as necessary, in a Police District deemed necessary, duly keeping in view the population, the area, the crime situation, the workload in terms of law and order and the distances to be traveled by the inhabitants to reach
12. Appointment and terms of Key functionaries – (1) The State Gover
13. Senior Police Officer performing duties of a subordinate Officer – A senior police officer may perform any duty assigned by law or by a lawful order to any officer subordinate to him, and may aid supplement, suppresses or prevent any action of the subordinate by his own action or that of any person lawfully acting under his command or authority
14. Relationship of Superintendent of Police with District Magistrates –
(1) The administration of the Police throughout the local jurisdiction of the Magistrate is vested in the Superintende
15. Coordination with the District Administration – (1) For the purpose of efficiency in the general administration of the district, it shall be lawful for the District Magistrate, in addition to the provisions of the Code of Criminal Procedure, 1973(Centr
16. Railway Police – (1) The State Government may, by notification in the official Gazette, create one or more special police districts embracing such railway areas in the State as it may specify, and appoint a Superintendent of Police, one or more Assistant and Deputy Superinten
17. State Intelligence and Criminal Investigation Department –
(1) The State Police Organization shall have a State Intelligence Department for collection, collation. analysis and dissemination of intelligence, and a Criminal Investigation Department for investigation inter-state, inter-district crimes and other specified offences, in accordance with the provisions of this Act
18. Technical and Support Service – (1) The State Government shall create and maintain such ancillary technical agencies and services, under the overall control of the Director General of Police, as consider necessary or expedient for promoting efficiency of the Police Service.
(2) The State Government shall take measures to encourage and promote the use of science and technology
19. Appointment of Directors of State Police Academics and Principals of Police Training colleges and Schools – (1) The State Government establish a full-fledged Police training Academy at the State level and as many fully-quipped Police Training Colleges and Schools as deemed necessary for ensuring efficiency post-induction training of all directly-recruited police personnel in various ranks, pre-promotion training foe all those promoted to higher levels and such
20. Organisation of Research – The state Government may set up such bodies and take up such other steps as considered necessary or expedient for the purpose of undertaking research into matters relating to the efficiency of the Police Service.
21. Oath and Affirmation by Police Personnels – Every member of the Police Service enrolled under this Act shall, an appointment and completion of training, make and subscribe before the Superintendent of Police or Commissioner, as the case may be or another officer appointed in this behalf by him as the case may be, an oath or affirmation, as prescribed.
22. Certificate of appointment – (1) Every police officer of or below the rank of Inspector shall on appointment receive an insignia and a certificate in the form as prescribed. The certificate shall be issues under the hand and Director G
23. Special Police Officer – (1) When it shall appear that any unlawful assembly, or riot or disturbance of the peace has taken place, or may be reasonably apprehended, and that police force ordinarily employed for preserving the peace is not sufficient for Its preservation and p
24. Police Officer not to resign without leave or two months notice – No police-officer shall be at liberty to withdraw himself from the duties of his office unless expresssly allowed to do so by the District Superintendent or by some other officer authorized to grant such permission, or without the leave of the District Superintendent, to resign his office, unless he shall have given to his superior officer notice in writing, for a period of not “less than two mo
25. Police Officer not to engage in other employment – No police-officer shall engage in an employment or office whatever other then his duties under this Act, unless expressly permitted to do so in writing by the Director General of Police.
26. Additional Police officer employed at cost of individuals – It shall be lawful for the Director general of Police or any Additional Director General of Police or Inspector General of Police or Deputy Inspector General of Police, or for the District Superintendent of Police, subject to the general director of the Magistrate of the district, on the applications of any person showing the necessity thereof,
27. Ranks structure in Civil Police - The service shall have such ranks and post as may be prescribed or as may be notified by the State Government. The recruitment, training, posting, deputation, promotion, code of conduct, discipline, punishment and appeal and to other service conditions of various ranks of service shall be as per rules.
28. District Armed Reserved and State Armed Police Battalions – To assist the civil police promptly and efficient in dealing with group protests and violent disturbances involving breaches of peace or law and order, and in disaster management functions, as well as to discharge such duties as require the presence of armed police, the state Government shall create Armed Police units with appropriate manpower
29. Role and functions of State Armed Police Battalions – The Armed Police battalions will be a state-level reserve, to be deployed under specific orders of the Director general of Police, to aid and assist the civil police in dealing with virulent and widespread problems of public disorder or other forms of violence, needing deployment of armed police beyond the resources of the district Police.
30. District Armed Reserve –The District Armed Reserve, which will function under control, direction and supervision of the District Superintendent of Police shall be the armed wing of the District Police to deal with an emergent law and order problem or any violent situation in the district, and for providing security guards or escort of violent prisoners, or such other duties as may be prescribed.<
31. Organisational structure of the Armed Police Battalions set up – A commandant, equivalent in rank to Superintendent of Police, shall head each Armed Police Battalion. The Commandant shall be assisted by a Deputy Commandant, equivalent in rank to Additional Superintendent of Police, who will also be the Second-in-Commandant of the Battalion. Each Battalion shall be divided into appropriate number of Serv
32. Administration, Training etc. of Armed Police Branches – The Armed Police Branches setup of the State shall be headed by an officer of or above the rank of Inspector General of Police, who shall be responsible for the administration, training, operational preparedness and welfare of personnel of all armed police units in the State, under the overall guidance and supervision of the Director General of Po
33. Superintendent of State Police to vest in the State Government – The Superintendence of State Police shall vest in and be exercised by the State Government in accordance with the provisions of this Act, and any other law for the time being in force.
34. State Security commission – The State Government shall, within six months of the coming into force of this Act, establish a State Security Commission to exercise the functions assigned to it under the provisions of this Chapter.
35. Composition of the State Security Commission – (1) The State Security Commission shall have as its members :-
(a) the Chief min
36. Quorum – Half of the members present shall constitute the quorum for the meeting.
37. Grounds of ineligibility for Independent Members – No person shall be appointed as an Independent ember of the State Security Commission if he-
(a) is not a citizen of India; or
(b) has been
38. Term of office of the Retired High Court Judge and Independent Members – The retired High Court Judge and the Independent Members shall be appointed for a period of three years. The same persons shall not be appointed for more than two consecutive terms.
39. Removal of Independent Members – (1) An Independent Member may be removed from the State Security Commission by a two-thirds majority of members of the Board on any of the following grounds :-
(a) proven incompetence; or
40. Functions of the State Security Commission – The State Security Commission shall perform the following fu 41. Expenses of the state security Commission – The expenses on account of remuneration, allowances and travel in connection with official business of the State Security Commission, in respect of the Independence Members of the Commission shall be borne by the State Government “in accordance with prescribed rules and procedures”.S.41 Expenses of the state security Commission
42. Administration of Police Force – (1) The administration of the Police Force throughout the State shall be vested in the Director General of Police of the State and in such Additional Directors General, Inspector General, Deputy Inspector General and other officers as appointed under this Act.
43. Power and Responsibilities of the Director General of Police – As head of the State Police, is shall be the responsibility of the Director General of the Police of the State to :- 44. Police Establishment Board – The State Government shall constitute a Police Establishment Board (hereinafter referred to as the “Establishment Board”) with the Director General of Police of the State as its Chairperson and two other senior officers not below the rank of Inspector General of Police within the police organization of the State as members. 45. Function of the Police Establishment Board – The Police Establishment Board shall perform the following functions :- (a) accept and examine complaints from police officers about being subjected to illegal orders. He Establishment Board shall make appropriate recommendation to the Director general 46. Transfer and posting non-gazetted ranks within a police range or Police district – Postings and transfer of non-gazetted police officers within a Police District shall be decided by the District Superintendent of Police.S.45 Function of the Police Establishment Board
S.46 Transfer and posting non-gazetted ranks within a police range or Police district
47. Role and function of the Police – The role and functions of the police shall broadly be;
(a) to uphold and enforce the law impartially, and to protect life, liberty, property, human rights,
48. Social Responsibilities of the Police – Every Police officer shall,-
(a) behave with the member of the public with due courtesy and decorum, particularly so in dealing w
49. Duties in emergency situation – (1) The State Government may, by notification in the official Gazette, de
50. Drawing up of Internal Security Scheme – The Director General Police of the State shall, with the approval of the state Government as ell as for each of the district and urban areas notified, to deal with problems of Public Order and Security of State, as specific to the area.
51. Review and Revise of the Scheme – The Internal Security Schemes so formulated shall be reviewed, and revised as necessary, at least once annually and more frequently if required.
52. Matters to be covered under the Scheme – The Internal security shall, inter alia, cover the role of the police with regard to the security of any establishment or installation relating to critical infrastructure, if any located in the area.
53. Measures to be taken in certain situation – (1) Any organization, while taking up any activity or programme which is otherwise unobjectionable but may have the potential for disturbing law and order may inform the police, and thereupon, the police shall take such measures as deemed necessary to deal with the situation.
54. Regular Updation of the Scheme – The Internal Security Schemes shall incorporate regularly updated and comprehensive Standard Operating Procedures for the action to be taken by the police, independently or in coordination with other concerned agencies in the period preceding, during, and in the aftermath of problems of each kind.
55. Investigation by special crime investigation unit – The State Government shall ensure that in all Metropolitan Police Stations having a population of 10 (ten) lakhs or more, a Special Crime Investigation Unit, headed by an officer not below the rank of Inspector of Police, is created with an appropriate strength of officers and staff, for investigating organized, economic, and heinou
56. Selection of Officers for Special Crime Investigation Unit – The officers posted in the Special Crime Investigation unit shall be selected on the basis of their aptitude, professional competence and integrity. Their professional skills shall be upgraded, from time to time, through specialized training in investigative techniques, particularly in the application of scientific aids to investigation and fo
57. Officers of the Unit –The officer posted to the Special Crime Investigation units shall investigate crimes entrusted to the unit by the District Superintendent of Police.
58. Forensic advise - Necessary legal and forensic advice shall be made available to investigating officers during investigations.
59. Supervision of investigation by Special Crime Investigation Unit – The investigation of cases taken up by the Special Crime Investigation Unit personnel, over and above the supervision of the Officer in charge concerned, shall be supervised at the district level by an officer not below the ra
60. One or More Special investigation Cell in each District – At the headquarters of each Police District, one or more special investigation Cells shall be created, with the requisite strength of officers and staff, to take up investigation of offences of a more serious nature and other complex crimes, including economic crimes.
61. Criminal Investigation Department – The Criminal Investigation Department of the State, shall take up investigation of such crimes of inter-state, inter-district or of otherwise serious nature, as notified by the State Government from time to time, and as may be specifically entrusted to it by the Director general of Police of the State in accordance with the prescribed procedures and norms.
62. Specialized Units –The Criminal Investigation Department shall have specialized units for investigation of cyber crime, organized crime, homicide cases, economic offences, and any other category of offences, as notified by the State Government and which require specialized investigative skills.
63. Selection of Officers –The officers posted to the Criminal Investigation Department shall be selected on the basis of their aptitude, professional competence, experience and integrity. The will undergo appropriate training upon induction, and their knowledge and skills will be upgraded from time to time through appropriate refresher and specialized courses.
64. Framing of rules for administration of Police – Subject to the approval of the state Government, the Director General of Police of the State shall make, regulations or issue orders, not inconsistent with this Act or with any other enactment for the time being in force for,-
(a) prevention and inve
65. Rules for Police personnel – Police personnel in the State shall be governed by the existing relevant Discipline and Appeal rules and other service conduct Rules in force, as applicable to the Indian Police Service, State Police Service and others serving in the State Police establishment.
66. Police officers always on duty – Every officer not on leave or under suspension shall, for all purposes of this Act, be considered to be always on duty and may at any time be deployed in any part of the State.
67. No abdication or withdrawal without Authority – No police officer shall abdicate his duties or withdraw himself or from his place of posting or deployment, without proper authorization.
Explanation : An officer who, being absent on authorized leave, fails without reasonable cause to report
68. Police officer barred from other employment – No Police officer shall engage in any other employment or office of profit whatsoever, other than his duties under this Act.
69. Accountability of Police – In addition to the already existing mechanisms, and functions, duties and responsibilities of the department authorities, accountability of the police shall be further ensured through the additional mechanisms detailed in this Chapter.
70. Police accountabilities Commission – The State Government shall, within three months of the coming into effect of this Act, establish a State-level Police Accountability Commission (“the Commission), consisting of a Chairperson, members and such other staff as may be necessary, to enquire into public complaints supported by sworn statement against the police personnel for serious misconduct and perform
71. Composition of the Commission – The Commission shall have a Chairperson and three members with a credible record of integrity and commitment to human rights and shall consist of ,-
(a) a retired High Court Judge, who shall be the chairperson of the Commission.
72. Appointment of Chairperson and Members – The Chairperson and the Members of the Commission shall be appointed by the State Government.
73. Ineligibility for membership – A person shall be ineligible to be a Member of the Commission, if he,-
(a) is not a citizen of India;
(b) is serving in any police, military or allied o
74. Term of office and conditions of service of members and chairperson – (1) The term of office of a Member, and the Chairperson, shall be three years unless ,-
(a) he resigns at any time before the expiry of his terms; or
75. Removal of Members –(1) Any member of the Commission may be removed from office, on the recommendation of the commission, by an order of the State Government on the grounds of,- (a) proven misconduct or misbehaviour or incompetence; 76. The staff of the Commission – (1) Members of the Commission shall be assisted by adequate staff with requisite skill, for efficient discharge of their functions of the Commission. (2) The strength of the staff may be prescribed by the State Government, keeping in view the size of the State, its po 77. Conduct of business –The commission shall devise its own rules for the conduct of its business.S.76 The staff of the Commission
S.77 Conduct of business
78. Functions of the Commission – (1) The Commission shall enquire into allegations of “serious misconduct” against police personnel, as detailed below, either suo moto or on a complaint received from any of the following,-
79. Powers of the Commission – In the cases directly enquired by it, the Commission shall have all the powers of a Civil Court trying a suit under the Code of Civil Procedure, 1908, and in particular in respect of the following matters,-
80. Statements made to the Commission – No statement by a person in the course of giving evidence before the
81. Persons likely to be prejudicially affected to be heard – If, at any stage of the inquiry, the Commission considers it necessary to inquire into the conduct of any person, or is of the option that the reputation of any person is likely to be prejudicially affected by the inquiry, it shall give that person a reasonable opportunity of being heard in the inquiry and to produce evidence in his support :
82. Decisions and Directions of the Commission – In the cases directly inquired by the Commission, it may, upon completion of the inquired, communicate its findings to the Director General Police of the State and the State Government with a direction to,-
(a) register a first Information Report; and/o
83. Reports of the Commission – (1) The Commission shall prepare an annual report at the end of each calendar year, inter alia, containing,-
(a) the number and type of case
84. District Accountability Authority – (1) The State Government may establish in each Police District or a group of districts in a police range, a District Police Accountability Authority to enquire into cases of complaints of serious misconduct against police personnels, as def
85. Functions of District Accountability Authority – (1) The District Accountability Aut
86. Report of the District Accountability Authority – (1) Each District Accountability Authority shall prepare and submit to the Commission an annual report before the end of each calendar inter alia, containing,-
(a) the numbers and types of cases of “serious misconduct” and “misconduct” forward by i
87. Relationship between the Commission and the District Accountability Authority – (1) The Commission shall control and supervise, and issue suitable directions to the District Accountability Authorities for their proper functioning.
(2) The District Accountability Authorities will assist the Commiss
88. Rights of the complainant – (1) The complainant may lodge his complaint relating to any “misconduct” on the part of police personnel with either the departmental police authorities or with the Commission or the District Accountability Authority :
89. Protection of action taken in good faith – No suit or other legal proceedings shall lie against the State government, the State Police Security Commission, its members and staff, the Police Accountability commission, its members, staff or any person acting under the direction of the State Government or board or the Commission, or members or staff of the District Accountability authorities, in respect of anything which is in good faith done or intended to be do
90. Regulation of public assemblies and processions – (1) The District Superintendent of Police or an officer not below the rank of Assistant/Deputy Superintendent of Police may, where necessary, direct the conduct of all assemblies and processions on any public road, street or t
91. Assemblies and processions violating prescribed conditions –
(1) The District Superintendent of Police or any Police Officer not below the rank of Sub-Inspector, authorized in this behalf by the District Superintendent of Police, may stop any assembly or procession which violates the conditions set under sub- section (1), (2) and (3) of Section 90 and or
92. Regulation of the use of music and other sound systems in public places – The District Superintendent or other officer not below the rank of Assistant/Deputy Superintendent of Police may regulate the time and the volume at which music and other sound system are used in connection with any performances and other activities in or near streets or any in public place that cause annoyance to the residents of
93. Directions to keep order on public roads –(1) The Districts Superintendent of Police or any other Police Officer authorized by him in this behalf, through a general or special order, may give reasonable directions to the public to keep order on public roads and streets, th
94. Penalty for disobeying orders and directions – Any person not obeying the lawful order issued Section 90, 91 and 93 may be arrested and on conviction by a Court of Law, shall be liable to a fine which may be extended upto rupees two thousand.
95. Power to reserve public places and erect barriers – (1) The District Superintendent of Police may, by public notice, temporarily reserve for any public purpose any street or other place, and prohibit the public from entering the area so reserved, except on such conditions as may be specified.
(2)
96. Saving and control of the Magistrate of the District – Nothing in the preceding sections namely section 90,91,92,93 and 95 shall deem to interfere with the general control of the District over the matters referred to therein.
97. Refusal to deliver up certificate etc. on ceasing to be police officers –
Whoever, having ceased to be a police officer, does not forthwith deliver up his/her certificate of appointment, clothing accoutrements and other wherewithal supplied to him for the execution of his duty, shall on conviction by a competent Court of Law, be liable to a fine which may extend to two thousand rupees.
98. Dereliction of duty by a police officer – Whoever, being a police officer,-
(a) willfully breaches or neglects to follow any legal provision, procedure, rules, regulation applicable to members of the Police Service; or
99. Arrest, search, seizure and violence – Whoever, being a police officer,- (1) without lawful authority or reasonable cause enters or searches, or caus 100. Offences by the public – (1) Any person who commits any of the following offences on any road, or stree 101. Procedure for posting directions and public notices – (1) All general directions, regulations, and public notices issued under this Chapter shall be punished by posting in the office of the District Magistrate, Revenue Circle, Municipality, Police Station and Panchayat Office of the local a 102. Prosecution of police officers – No court shall take cognizance of any offence under this Act when the accused person is a police officer except on a report in writing of the facts constituting such offence by, or with the previous sanction of an officer authorized by the State Government in this behalf.S.100 Offences by the public
S.101 Procedure for posting directions and public notices
S.102 Prosecution of police officers
103. Prosecution for offences under other laws – Subject to the provision contained in Section 300 of the Code of criminal Procedure, 1973, nothing in this Act shall be constructed as preventing any person from being prosecuted and punished under any other law for anything made punishable by this Act.
104. Summary disposal of certain cases – (1) A court taking cognizance of an offence punishable under Section 94 and 103(1) may state, upon the summons to be served to the hearing of the charge, plead guilty to the charge by registered letter, and remit to the Court such sum as the Court may specify.
(2) Wherean accused person pleads guilty and remits the sum specified in the su
105. Recovery of penalties and fines imposed by the Magistrate – Provisions of sections 64 to 70 of the Indian Penal Code, 1860 (Central Act No.45 of 1860) and Sections 386 to 389 of the Code of criminal procedure, 1973 (Act No. 2 of 1974) shall apply to penalties and fines imposed this Act on c
106. Limitation of actions – No Court shall take cognizance of any offence under this Chapter after the expiry of the period of limitation provided for in Section 468 of the Code of Criminal procedure, 1973. For computing the limitation period, provisions of Chapter XXXVI of the Code of Criminal procedure shall apply.
107. Powers of District Superintendent of Police to be exercised by the Commissioner of Police – All powers, functions and duties of the District Superintendent of Police described in this Act shall be exercised, in respect of areas notified under section 7 of Chapter II by the Commissioner of Police or any other officer authorized in this behalf.
108. Disposal of fees and rewards – All fees paid for licenses or written permission issued under this Act, and all sums paid for the service of processes by the police officers and all rewards, forfeitures and penalties or shares thereof which are by law payable to police officers as informers shall, save in so far as any such fees of sums belong under the provisions of any enactment in force to any local authority, be credited to the State Government.
109. Methods of proving orders and notifications – Any order or notification published or issued by the State Government or by a Magistrate or officer under any provision of this Act, and the due publication or issue thereof may be proved by the production of a copy thereof in the Official Gazette, or of a copy thereof signed by such Magistrate, or officer, and by him certified to be a true copy of an original published or issued according to the provision of thi
110. Validity of rules and orders – No rule, regulation, order, direction, or notification made or published and no adjudication, inquiry or act done under any provision of this Act, or under any rules made there under, which is substantial conformity with the same, shall be deemed illegal, void or invalid by reason of any defect of form.
111. Officers holding charge of or succeeding to vacancies competent to exercise Power – Whenever in consequence of the office of a Commissioner, Magistrate or police officer becoming vacant, any officer holding charge of the post of such Commissioner, Magistrate, or police officer or succeeds, either temporarily or permanently, to his office, such officer shall be competent to exercise all the powers and perform all the duties respectively conferred and imposed
112. Licences and written permissions to specify conditions, and to be signed –(1) Any licence or written permission granted under the provision of this Act shall specify the period and locality for which and the conditions restricts subject to which, the same is granted, and sh
113. Public notices how to be given – Any public notice required to be given any of the provisions of this A
114. Consent of a competent authority may be proved by writing under his signature – Whenever under this act, the doing or the omitting to do anything or the validity of anything depend upon the consent, approval, declaration, opinion or satisfaction of a competent authority, a written document signed by a competent authority purporting to conveyor set forth such consent, approval declaration, opinion or satisfaction shall be sufficient evidence thereof.
115. Power to make rules – (1) The State Government may make rules for carrying out the purpose of this Act
116. Power to remove difficulties – If any difficulties arises in giving effect to the provisions of this Act the State Government may, by notification in the Official gazette, make such provisions as it deems necessary or expedient for removing the difficulties.
117. Repeal and Saving – (1) The Police Act, 1861 (Act V of 1861), in its application to the state of Assam, is hereby repealed.
(2) Notwithstanding such appeal, anything
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