CHAPTER - XLVIII

MAINTENANCE OF THE LAW AND ORDER –

PRESERVATION OF THE PEACE

2075. It shall be the duty of the Police to keep order on the public roads, and in the public

streets, thoroughfares, ghats and landing places and at all other places of public resort and to

prevent obstructions on the occasions of assemblies and processions on the public roads and in

the public streets or in the neighbourhood of places of worship, during the time of public worship

and in any case when any road, street, thoroughfare, ghat or landing place may be thronged or

may be liable to be obstructed. (Section 31 of the Police Act, 1861).

2076. Internal security and public order are the two essential areas, the Police must, without any

hesitation or wavering, maintain at all times.

2077. The Police should judge whether the gathering of people is an unlawful assembly or an

ordinary mob engaged in resorting to accepted forms of demonstrations and protests. Police can

operate a legitimative coercive process for a certain period of time. An unlawful assembly

means an assembly of five or more persons, if their common object is

(i). to overawe by criminal force the central or the State Government, legislature or

any public servant in the exercise of lawful power,

(ii). to resist the execution of law or legal process,

(iii). to commit mischief, criminal trespass or any other offence,

(iv). to take or obtain, by criminal force, possession of any property or to deprive any

person in corporeal right or to enforce any right or supposed right, and

(v). to compel, by criminal force, any person, to do what he is not legally bound to do

or to omit what he is legally entitled to do. (Section 141 of the Indian Penal

Code, 1860).

2079. For disposal of unlawful assembly by use of civil force and the Armed forces, the

provisions laid down under sections 129 and 130 of the Code of Criminal Procedure, 1973, shall

be strictly followed.

2080. PRESERVATION OF THE PEACE

Note:

The instructions contained in old order Nos. 731 & 732 of Tamil Nadu Police Standing

Orders which have been followed in this territory from 1963 onwards will continue to be

followed, as given below, with additional guidelines to preserve peace.

Watching for developments

2081. In so for as the causes of unrest are usually of a general religious, political or economic

character, it may be difficult for local officers of the Government to do anything effective in

isolation towards their removal. When, however, they are of a local character (though perhaps

general tension tends to accentuate the situation), local officers may often be able to effect their

removal or at least, mitigate their effects. To this end, it is very essential for the local officers to

keep continuous watch over developments from the very early stages, even though the

circumstances may be such as to render it necessary or even undesirable for them to intervene in

the early stage. The District Magistrate must make effective arrangements to see that he is fully

and continuously kept abreast of the situation as it develops.

2082. One of the most important duties of the Police is the collection of information about

every movement, state of feeling, dispute or incident, which may lead to a breach of the peach

and the communication of such information to the

(a). Lieutenant Governor

(b). Chief Minister

(c). Chief Secretary

(d). District Magistrate-cum-Collector.

2083. Preventive action

(1). When a breach of the peace is anticipated, the Police should take timely action under the

preventive sections of Chapters XI and XII of the Criminal Procedure Code, and under the

provisions of sections 30 and 30A of the Police Act, 1861 (Act V of 1861). First report made to

Magistrate with a view to action being taken under sections 144 and 145 of the Criminal

Procedure Code should be made on the First Information Report form and subsequent reports on

case diary forms, as in ordinary cases under the Indian Penal Code and copies sent to the superior

Police officers concerned.

(2).(a). All public officers shall consider it their duty to do everything that is possible for the

removal of causes of friction, communal or otherwise, to foster good relations and friendly

feelings between different sections of the public, to take all possible precautions to prevent

disorders and to spare no efforts in bringing disorders under control with the least possible delay.

There should be no hesitation in taking disciplinary action against any government servant who

is guilty of any willful neglect of duty or who contributed openly or covertly to the origin or the

continuance of the tension.

(b). Police officers should, whenever a suitable opportunity presents itself, impress on the

people that it is the primary duty of each citizen to keep the peace and do everything in their

power for the removal of communal and other ill-feelings that disturb public peace.

(c). Police officers should keep the concerned Executive Magistrate informed of the course of

any agitation or dispute that is likely to lead to a breach of the peace. The following items

should be emphasized in their reports, (i) area affected, (ii) cause of dispute, (iii) number of

persons involved in the dispute, (iv) leaders of the dispute and the action, if any, suggested

against them and (v) precautionary arrangements, if any, necessary.

(d). The Senior Superintendent of Police will be held responsible for promptly

communicating such information to the Collector of his district, the Inspector General of Police,

and the Chief Secretary to the Government of Puducherry.

(3) (a). When it is a question of dealing with communal disturbances, the only prescriptions of

general applications that can be made in regard to precautionary measures are, in the first place,

that where there are persistent or recurrent local grounds for disputes, such as music or

processions in particular localities or at particular times, every endeavour should be made to

have these settled on a permanent basis by agreement. Such settlements, usually on the basis of

an ascertainment of old customs in such matters have frequently proved of great value and

secondly continuous vigilance should be observed when communal feeling is running high, since

any trivial incident may serve to start conflagration. This is particularly true of areas like

Karaikal in the context of communal (religious) tension.

(b). The authorities entrusted with the task of maintaining law and order should note that it is

a right recognized by law that an assembly lawfully engaged in the performance of religious

worship or religious ceremonies shall not be disturbed and also that persons may for a lawful

purpose, whether civil or religious, use a common highway by parading it attended by music,

provided that they do not obstruct the use of it by other persons. The attention of Police officials

is, in this connection invited to section 30 (4) of the Police Act 1861, which empowers a

Superintendent of Police (SSP) or Assistant Superintendent of Police (SP) to regulate the extent

to which music may be used in public places on the occasions of festivals and ceremonies.

2084. Other precautionary measures

(4). Other precautionary measures must depend on a number of factors including the cause of

friction, the nature of the particular dispute, if any, the question whether the danger is continuous

or associated, with a special festival or occasion, the influence of local leaders, etc. Premature

action may increase rather than reduce the danger and excessive precautions may have the effect

of creating a feeling of panic. But, generally, speaking when tension is really acute, experience

is very definitely in favour of taking excessive rather than inadequate precautions, since these

tend to inspire confidence in the weaker party and caution in the stronger one. They also tend to

check the ardour of the inflammatory elements on both sides.

2085. Precautions in areas like Karaikal, Sulthanpet and Bussy areas

(a). Intelligence:- The Police in charge of law and order and of intelligence should set

up independent sources and get information of any portent of communal trouble

or other disturbances and effective measures should be taken to nip in the bud any

trouble that is likely to develop.

(b). Increase in the number of Police pickets, strengthening of local Police, stationing

of units of Armed Reserve at strategic and vital places:- The institution of Armed

Police Patrols in vehicles fitted with wireless sets and the establishment of a

temporary Police Control Room with the necessary striking force, ambulance and

fire brigade, if vital places are not connected by telephone, a wireless Station

should be established and a few despatch riders on motor cycles may be kept

ready for communicating orders promptly. The wireless network of the

temporary control room should be connected to the Central Control Room.

(c). Efficient and prompt system of communication between the Central Control

Room Police posts and the Executive officers concerned.

(d). Security proceeding against persons on both sides, who engage in exciting ill-

feeling or who are known bad characters likely to take an active part in the

disorder if it occurs. Such of the unruly elements as are suspected to be

responsible for the tension, hooligans and urchins likely to cause breach of peace

should be rounded up under section 151 Cr.P.C. Remember that in the anti-

merger agitation (1979), it was the urchins who caused extensive damages to the

public properties by fire.

(e). Prosecution under section 153-A, Indian Penal Code or action under section 108,

Criminal Procedure Code, against those who promote enemity or ill-feeling.

(f). Formation of Vigilance Squads in sensitive areas.

(g). Action under section 144, Criminal Procedure Code, where the danger of a clash

appears to be imminent, e.g. prohibiting carrying arms or lathis, assembly of more

than five persons in the public streets, etc.

(h). Action under the Police Act or other provisions of the law to control or prohibit

processions, etc.

Watching for strangers

2086. A sharp look-out should be kept for strangers who not only inflame the feelings of the

people but distribute objectionable posters and offensive weapons. Railway stations, Bus-stands,

Hotels, Mosques, Temples and houses of leaders of both the parties involved in the riots are

places to be watched for such persons. If their movements are found to be suspicious, free use of

section 41, 42, 107, 109 and 151, Criminal Procedure Code, should be made. That apart action

under the provisions of the Police (Pondicherry Amendment) Act, 1966 shall be taken against

riff-raffs, bad elements and suspicious characters.

2087. In Puducherry the following areas should be concentrated:-

(a). Railway Station

(b). Old/ new bus stands

(c). TV Nagar / Chinayapuram

(d). Pillaichavadi / Kalapet

(e). Lawspet

(f). Vazhudavur Road / Tindivanam road

(g). Villipuram road / Reddiarpalayam

(h). Cuddalore road / Ariankuppam

(i). Mudaliarpet

(j). Uppalam

(k). Four boulevards

Careful watch over the movement of dangerous goods

2088. The following shall be watched:-

(i). Whenever there is reason to suspect that a railway parcel contains dangerous or

offensive goods such as ammunition, the Railway authorities should be moved to

open the package under Section 59 (4) of the Railway Act.

(ii). Distribution of leaflets in the affected and surrounding areas warning the

inhabitants against creating disturbances and appealing for the maintenance of

peace. The citizens should also be assured that their legitimate rights will be

protected. This especially in hartal, will enable them to pursue their normal

vacations without fear of attack or of victimization.

2089. The persons who are responsible for any defacement, objectionable advertisements or any

instigation of any section of the citizens to acts of violence against any other section of the

citizens of India shall be immediately and suitably dealt with under the provisions of the

Pondicherry Open Places (Prevention of Disfigurement) Act, 2000.

2090. It is the duty of the Police to watch the state of feelings, disputes or incidents among the

communities and to take adequate measures to prevent breaches of the peace which if they occur,

must be handled immediately and effectively. Precautionary measures for preventing such

disorders should include, action under section 151 of the Criminal Procedure Code, against

rowdies or persons likely by their actions to create trouble. In proper cases those who incite

‘class hatred’ should be proceeded against under section 153-A of the Indian Penal Code.

Use of non-official

2091. It is very desirable that the services of non-officials should be utilized when these are

likely to be of value in such situations. For this purpose it is essential that Superintendents of

Police should not keep themselves aloof from non-officials. They should endeavour in the

course of their tours to meet leading non-officials of the place so that they can get to know them

well and enlist their help in an emergency.

2092. Prior to anticipated out-breaks of disorders the Police Force in the locality must be

strengthened or mobilized as circumstances permit, so as to deal promptly and effectively with

major or minor incidents. Arrangements must be made for mobile patrols and pickets and for the

establishment of communications between the various Police parties and the Police

Headquarters.

2093. During both periods of tension and actual out-breaks of disorders it is essential that an

efficient system of intelligence should be available so that officers responsible for the

maintenance of law and order are able to obtain timely information of incidents and

developments. It is most important that Police officers should be in close touch with the

Magistracy.

2094. Vigorous precautionary measures, frequent patrolling, visit by superior officers to places

of trouble and above all, a sense of preparedness and determination on the part of the Police to

prevent or deal effectively with any disorder will go a long way towards inspiring confidence in

the public and preventing or checking activities of irresponsible elements.

2095. In places where communal disorders are usually associated with particular occasions such

as festivals, a proper riot scheme should be drawn up in consultation with the District Magistrate.

2096. Similar preventive and legal action should be taken against any person or class of persons

or a group of persons who indulge in acts of violence, intimidation and provocation based on

caste. In this territory the valuable caste groups are Fishermen, members of SC community and

the members of OBC community.

Preparations of riot schemes

2097. The preparation of riot scheme which can be brought into prompt operation has proved of

real value in the case of affected areas. Internal security and alarm schemes presuppose a set of

conditions quite different from those which obtain in the case of communal and other localized

riots and are generally ill-suited for the later purposes. The character and details of riot schemes

will necessarily vary from region to region and following items are merely illustrate of matters

which may require consideration and inclusion in the scheme.

(a). Keeping adequate number of PAP and IRBn personnel.

(b). Adequate arrangements for telephonic communication and periodical testing of

them. If a serious riot occurs, extra connections are of great value.

(c). Arrangement for transport of Police reinforcements.

(d). Initial disposition of Police force, including schemes of patrols and pickets with

mobile reserve. This part of the scheme should be fluid and admit of rapid change

as the situation develops.

(e). Division of the area likely to be affected into patrol areas and in particular, into

areas capable of patrol by motor vehicles. The latter part of this scheme involves

actual tests before hand of the streets and lanes down which motor vehicles can

pass. Patrol areas should be as small as the forces available and local conditions

will permit, since the more intensive patrolling can be made the more useful it

will prove.

(f). The allocation of duties and stations to particular Magistrate.

(g). Plans for the requisition of vehicles.

(h). Allocation to particular officer of the duty requisitioning a sufficient number of

towneries, who may prove invaluable in the early stages of riot for the purpose of

proclaiming by beat of drum the orders of the Executive Magistrate.

Public Address System

2098. Use of public address system mounted on Police vehicles for publishing official

announcement countering mischievous rumours, etc. would yield a good result in controlling the

situation.

Keeping photograph at hand

2099. Photographing and video graphing situations would have a deterrent effect on trouble

makers and provide convenient opportunities for pursuing investigation and prosecution.

2100. Positioning T.V. Camera has the effect of drawing people to the desired place and

thereby releasing crowd pressure where control becomes difficult.

When clashes occur

2101. Police officers engaged and dealing with such situations or investigating offences arising

from them, must show themselves to be strictly impartial.

2102. If a clash occurs immediate and vigorous action may nip the trouble in the bud and

prevent it from spreading. If it is possible to make arrests, these will have a good effect. Where

the clash take the form of mob fighting, there should be no hesitation to disperse by force or to

resort to firing, if life is seriously endangered, the provisions of the law in their respects being, of

course, observed. Procrastinating and feeble parleying for long periods often lead to the

heightening of tension and worsening of the situation. This is frequently so because lack of

prompt firmness and decision is interpreted as weakness and vacillation on the part of the

authorities, which it frequently actually is.

2103. It will usually be the safe and sound policy at time of acute feeling to assume that a clash

in a large town may develop into serious trouble and to take prompt precautionary measures on

this assumption. These will stop initial clashes in other areas and so prevent spread of the

trouble.

2104. Measures to put down disturbance

(a). Whatever measures may be taken disorder may obtain a firm foothold before the

necessary forces can be obtained to stamp it out. Ordinarily, the trouble will then assume the

form of a gang attacks in localities (a) where one party is weak and the Police or troops are

inadequate to stop them or (b) ‘kill and run when the Police or troops are sufficient to stop gang

attacks. Looting and arson will often be features of this stage.

(b). The measures which have proved of value at this end subsequent stages are:

(i). Orders under Section 144, Criminal Procedure Code, in so far as it is possible to

enforce them, e.g. curfew orders, prohibition on carrying of lathies, etc.

(ii). Early instructions to Magistrate to give orders to fire if the circumstances justify

such order under the law of self-defence or under chapter IX of the Criminal

Procedure Code. The proclamation by beat of drum or through loud speakers of

the fact that such instructions have been issued often has a deterrent effect, even

though the occasions or opportunities for resort to firing may be very few.

(iii). Intensive patrols and pickets in areas affected. A particularly valuable mode

of patrol is by Jeep, a Magistrate sitting in the front seat, with the jurisdiction

officer and two constables behind with loaded muskets. The fact that the

Magistrate will give the order to fire, if necessary, soon becomes known and the

frequency and unexpectedness of his visits are effective in checking sporadic

assaults and murders.

(iv). The arrest of suspects and bad characters on a big scale as soon as circumstances

permit.

(v). Censorship of local newspapers particularly the eveninger that spread alarming

reports or contain inflammatory news. This can be done by an order under

section 144 Criminal Procedure Code, in extreme cases of real urgency.

(vi). The utilization of reliable non-officials of influence specially for the purpose of

restoring confidence.

(vii). Restrictions by arrangement with the railway authorities on passenger traffic

when there is a real danger of persons coming from outside to join in the rioting.

(viii). Despatch of small Police parties to comb the disturbed areas for rioters whenever

disturbances are interspread.

(ix). Confiscation of the arms of undesirable license so that they do not fall into the

hands of undesirable persons.

(x). Formation of Central and Local Peace Committees with influential residents of

the locality in an extreme emergency when it is felt that the emergency situation

cannot be controlled otherwise. These residents may also be appointed Special

Police Officers under section 17 of the Police Act 1861 for the purpose of

assisting the Police in the maintenance of law and order.

Aftermath

2105. When the situation has been brought under reasonable control, new problems come into

being among the following may be mentioned:

(a). The withdrawal of Police or troops

(b). Police precautions should ordinarily continue though on a decreasing scale until

confidence is restored.

(c). Similarly, it is often desirable to keep in force for some days or even weeks

particular orders passed under section 144, Criminal Procedure Code, since these

assist in preventing panic.

(d). There are almost invariable complaints regarding the investigation of offences

committed during the disorders, and it is desirable to ensure as strict impartiality

as possible, in the investigating staff and also careful supervision.

(e). The question of prosecution is a difficult one. Both sides usually press for them at

the outset and later ask for their withdrawal. The deterrent effect of adequate

sentences has to be set off against the intrigue and bitterness which prosecutions

encourage; but experience would seem to show that, in the absence of very string

consideration to the contrary, the balance of advantage is very definitely in favour

of offenders being brought to justice.

(f). The assistance of non-officials is probably of greater value during the conciliation

stage than at any other and the fullest use should be made of their co-operation.

(g). Whenever, during the course of a disturbance, a person is shot by any member of

the Police force or other Government officials, the District Magistrate-cum-

Collector should order a magisterial enquiry, unless the Government themselves

order an enquiry into the incidents by a special officer or a tribunal.

Power to compel application for license for assembly or procession

2106. Officers of and above the rank of Superintendents of Police have power under section 30

of the Police Act, 1861 Act V of 1861, to issue a general or special note to all persons convening

or collecting a public assembly on a public road, public street or public thoroughfare or

promoting or forming a procession, that such persons must apply for a licence, provided that the

District Magistrate or Additional District Magistrate has given an opinion that such assembly or

procession if uncontrolled, is likely to cause a breach of the peace.

2107. They have the power to give notice in the case of any assembly, or procession that the use

of music must be under licence, such licences being issued by themselves.

2108. The last mentioned notice must not be issued generally to all the inhabitants within their

jurisdiction, but must only be issued when it is known that it is intended by any persons, or any

class of persons to convene, or collect, an assembly, or to form a procession, and must be a

notice addressed to the persons convening or collecting such assembly or directing or promoting

such procession.

2109. Dispersal of unlawful assemblies

(1). (a). It is the bounden duty of the Police to prevent cognizable offences as per Section

149 Cr.P.C. which is as follows:

“Every Police officer may interpose for the purpose of preventing and shall to the

best of his ability, prevent, the commission of any cognizable offence”.

(b). The Police draws its authority to declare and disperse unlawful assemblies from

section 129 Cr.P.C., which is as follows:

“Any Executive Magistrate or officer in charge of a Police Station or, in the

absence of such officer in charge, any Police officer not below the rank of a Sub

Inspector, may command any unlawful assembly, or any assembly of five or more

persons likely to cause disturbance of the public peace, to disperse, and it shall

there upon by the duty of the member of such assembly to disperse accordingly”.

If, upon being so commanded, any such assembly does not disperse, or if, without

being so commanded, it conducts itself in such a manner as to show a

determination not to disperse, any Executive Magistrate or Police Officer referred

to in Sub-Section (1), may proceed to disperse such assembly by force, and may

require assistance of any male person not being an officer or member of the armed

forces and acting as such, for the purpose of dispersing such assembly and, if

necessary, arresting and confining the persons who form part of it in order to

disperse such assembly or that they may be punished according to law”

(c). Police officers superior in rank to an officer in charge of a Police Station are

empowered to exercise all the powers that are given to an officer in charge of a

Police Station as per section 36 Cr.P.C. which is as follows:

“Police officers superior in rank to an officer in charge of a Police Station may

exercise the same powers, throughout the local area to which they are appointed,

as may be exercised by such officer within the limits of his stations”.

(d). Police officers who are below the rank of Sub-Inspector are not empowered to

declare a mob unlawful. But they can exercise the right of private defence which

is available to every other person as per section 97 IPC which is as follows:

“Every person has a right, subject to the restrictions contained in Section 99, to

defend”

First – His own body, and the body of any other person, against any offence

affecting the Human Body.

Secondly – The property, whether movable or immovable of himself or of any

other person, against any act which is an offence falling under the definition of

theft, robbery, mischief, or criminal trespass or which is an attempt to commit the

robbery, mischief or criminal trespass”.

(e). According to Section 96 IPC, nothing is an offence which is done in the exercise

of the right of private defence. The extent and limitation as of this right are to be

found in section 98 to section 106 of the IPC.

(f). The Executive Magistrate is one who is appointed by the State Government as

envisaged in section 20 of the Cr.P.C. According to section 22 of the Cr.P.C. the

Government can appoint Special Executive Magistrate for particular areas and for

the performance of the particular functions and confer on them such of the powers

as are conferrable under the code on Executive Magistrate.

(g). The procedure to be followed in dealing with unlawful assemblies is laid down in

the “Drill and Training Manual” which shall be followed.

(h). All Police officers should be fully conversant with the above noted provisions of

law which enumerate their rights and responsibilities in dealing with unlawful

assemblies and with the drill procedure as laid down in the Drill and Training

Manual.

(i). In any situation arising where the Police are compelled to deal with unlawful

assemblies in different places of the same village or town, it would be necessary

to secure, as fare as possible, the presence and permission of a Magistrate before

restoring to the use of force for dispersing any or all of such assemblies.

The presence of an Executive Magistrate in the trouble spot should be ensured

wherever possible. If trouble is expected in number of places simultaneously, a

large number of Magistrates should be made available through the orders of the

District Magistrate or the Additional District Magistrate or the Sub-Divisional

Magistrate in Mahe and Yanam.

(2) (a). When a Magistrate is present, an assembly shall not be called upon to disperse nor

shall force be used to disperse it without the order of such Magistrate; provided

that if a gazetted Police officer is present in the absence of the Magistrate, such

Police officer may act independently in ordering an assembly to disperse.

(b). If an Executive Magistrate is present at the spot, it shall be his responsibility to

declares the mob unlawful and direct them to disperse. If the members of the

unlawful assembly do not disperse the Executive Magistrate shall direct the Police

to use force that is necessary for the purpose. The nature of force to be used (i.e.)

Tear gas, lathi charge or water jet and the method and quantum of force to be used

should be decided by the senior most Police officer present on the spot.

Thereupon the Executive Magistrate shall not interfere with the physical operation

of mob dispersal.

(c). In the absence of an Executive Magistrate, the senior most Police officer not

below the rank of Sub-Inspector will carry out the functions of the Executive

Magistrate in addition to his own.

(d). If any Police officer below the rank of a Sub-Inspector is faced with a mob, he

shall exercise his right to private defence, taking particular care not to exceed his

rights.

(e). All commands to the Police are to be given by Officer-in-command of the party.

(f). The main principle to be observed is that the minimum necessary force to achieve

the desired object should be used regulating it according to the circumstances of

each case. The object of the use of force is to prevent disturbance of the peace or

to disperse an assembly which threatens such disturbances and has either refused

to disperse or shows a determination not to disperse; no punitive or repressive

considerations being permitted to become operative while this is being done.

(g). Having decided on the kind of force to be used the officer-in-charge of the Police

will be responsible for deciding as to the exact amount of the force to be used, the

manner of using it and for setting the details of the operations connected with the

use of force the Police officer should, of course, bear in mind the principle that no

force more than is necessary should be used.

(h). If the members of the unlawful assembly do not disperse, the Executive

Magistrate or the senior most Police officer present in the absence of the

Executive Magistrate shall direct the Police to use force, that is necessary for the

purpose. The nature of force to be used, tear gas, lathi cane charge or water jet

and the method of quantum of force to be used should be decided by the senior

most Police officer present on the spot.

(i). If the crowd refuses to follow the lawful instructions to disperse, the riot flag

should be raised, the attention of the mob drawn through a bugle call with long

blast and a clear warning that force would be used to disperse them will be given

through megaphone. The operation will commence if the mob refuses to heed to

the warning.

(j). Officers commanding Police parties will on every occasion when employed in the

suppression of a riot of enforcement of the law, ensure that the fullest warning is

given to the mob in a clear and distinct manner before any order is given to use

tear gas or lathi / cane or fire arms and to use the most effectful means to explain

before hand to the people opposed to them, in the event of the Police party

ordered to fire that the fire will be effective.

(k). If any or all these method fail to disperse the mob and if in his opinion nothing

short of firing can disperse the mob, the Executive Magistrate will order fire to be

opened. Again the manner in which firing is to be directed against the mob, type

of ammunition to be used and the method of firing are the individual

responsibilities of the senior most Police officer.

(l). The Police party used for dispersing mobs should wear uniform including boots,

anklets and steel fibre glass helmets. The Police party should be provided with

riot shields. The tear gas sections and the armed body protecting the tear gas

section should wear anti-gas respirators.

(3). If the crowd becomes defiant tear gas should be used effectively. If this becomes

infructious then lathi or cane charge can be made. If the crowd is still defiant

resort, may be had, to the use of fire arms.

(4) (a). It is not necessary that on every occasion tear gas should be used. Use of tear gas

will depend on the availability of a sufficient stock of gas ammunition, wind

direction, nature of the neighbourhood and availability of escape routes for the

mob. On no account should gas be used in poor visibility especially between

sunset and sunrise, and inside buildings or when the wind direction is such that

the smoke will affect the Police party or innocent people including women and

children in the vicinity or when the mob is too close to the Police party.

(b). Use of “Varun” engine to spray water-jets at the mob also depends on the

existing circumstances. This method of dispersal is possible when the mob is not

armed and is not very violent. It can be tried either before or after the use of tear

gas. Fast colours added to the water will enable the identification of the members

of the unlawful assembly for the purpose of subsequent arrest and prosecution.

The decision to use “Varun” vehicle should be taken before hand by the Senior

Superintendent of Police or the Superintendent of Police, depending upon the

situation.

(c). The crew members of the “Varun” requisitioned for dispersing crowd should be

given adequate Police protection to ensure the safety of their person and

equipment in the event of the crowd becoming violent.

(d). An officer not below the rank of Sub-Inspector or the Sub-Inspector in charge of

the armoury should personally be incharge, of the “Varun” unit and should ensure

that only spray nozzles are used for directing water on crowds.

(e). If “Varun” or tear gas fails to disperse the mob, lathi or cane charge should be

ordered. Lathi / Cane charges should not be attempted if the strength of the Police

force is not adequate to create an effect on the crowd and the crowd is likely to

overhelm the Police party easily. The personnel engaged in the lathi / cane charge

should be under the proper control and the charging should cease as soon as the

desired objective is achieved. The procedure laid down in the Drill and Training

Manual will be followed. Care should be taken to prevent the lathi / cane sections

getting separated from the main party and the commander.

(5) (a). If lathi charge also fails and when it is certain that nothing short of firing can

disperse the mob a distinct and clear warning that firing would be resorted to

resulting in loss of life should be given. Bugles will be used to draw the attention

of the crowd. Riot flag will be raised and the warning administered through

megaphones.

(b). The cardinal principles in mob firing are:

(i). Firing should be resorted to only when all other means of mob dispersal

fail;

(ii). Firing should be selective and controlled. The senior most officer will

watch the reaction of the crowd after each round or set of rounds is fired.

As soon as the mob shows signs of dispersal he should order cease fire;

(iii). Under no circumstances should blank rounds be used or rounds fired in the

air as warning shots. Once firing is decided upon it should be effective;

(iv). Aim should be kept low preferably well below the waist level and directed

against the most threatening part of the mob; and

(v). The Police force should exercise strict restraint and self control even under

the gravest provocation and it must under no circumstances take action in

a retaliatory or revengeful sprit.

(c). The officer in charge over the arms squad should get the squad ready for mob

firing. But it is the senior most officer who should give all the commands relating

to firing.

(d). If the senior most officer is of opinion that it will suffice he will give the fire

order to one or two individuals only. If, however, he considers that this will be

insufficient and the mob will over power the Police party he will give the word of

command to one or two files the other files being held in reserve. Normally firing

will commence with buck shots, the fire of each person or file will be given by the

regular word of command by the officer incharge of the party.

(e). If the crowd does not disperse after buckshots are fired, ball ammunition (410 or

303) will be used. But if the crowd is in a very violent mood and has come too

close to the Police party, buckshots with their limited stopping power will be

useless. In such circumstances ball ammunition will be used straight away.

(f). An armed forces should however be brought so close to a large and dangerous

mob as to risk its either being over whelmed by number or being forced to inflict

heavy causalities.

(6) (a). After making sure that the mob will not reassemble the operation will be closed.

But sufficient strength will be left behind till normalcy returns.

(b). Immediate steps should be taken to give first aid to the injured and rush them to

the hospital. Armed guards should be posted to watch the dead bodies till inquest

is completed.

(c). It should be the endeavour of the Police to arrest as many rioters as feasible from

the spot itself. Arrest parties should be kept in reserve for this purpose.

(d). Police photographers should photograph every incident of mob dispersal. They

should, wherever available, carry movie or video cameras to capture the sequence

of events and to record the identification of the rioters.

(e). Soon after the operation is over, the senior most Police officer will flash message

and prepare situation reports with details of the operation, time and sequence, of

events, details of force used, ammunition spent, causalities on either side, etc.

2110. Training

(a). Superintendents of Police should ensure that Inspectors and Sub-Inspectors are

given sufficient training in conducting mob operation. All officers should be

taught the legal requirements of the operation and be given demonstration in mob

operation when they assemble at the parade ground during the weekly parade.

(b). Officers and men should be given adequate target practice and should be trained

of the different effects of buckshots; 410 ball and 303 bullets have on a riotous

mob.

(c). The entire armed reserve or the armed Police should be trained in tear gas drill.

They should be able to use gas in various conditions of wind.

2111. Equipment and ammunition

(a). The gas stock should be replaced from time to time to guard against failure at

crucial times. Adequate gas stock to gas gun, shells and grenades should be

available at all times.

(b). Blank cartridges shall never be issued to the Police staff when they are sent on

mob dispersal duties.

(c). The arms party will carry both 410 muskets and 303 rifles; 50 percent of the staff

carrying muskets will be supplied with buck shots and the rest with 410 ball

ammunition.

(d). Two different types of riot flags should be prepared, one carrying the general

warning to be given before the commencement of mob operation and the second

carrying the warning to be given before opening fire.

(e). Battery operated megaphones and one or two buglers to call the attention of the

mob should be available.

(f). A first aid box and an ambulance should be kept ready. The mere presence of an

ambulance will have a sobering effect on the rioters.

(g). Every one who takes part in mob operation should be in uniform provided with

helmets, shields and gas masks.

(h). Wind screen glasses of the Police vehicles should be provided with wire guard.

All vehicles should be assembled in a single place and placed under an armed

guard.

(i). Mike-fitted vehicles and sufficient number of walkie talkie sets should be made

available at the spot.

2112. POINTS TO BE REMEMBERED WHILE PREPARING FOR MOB OPERATION

(1). Mob operation party should be divided into various groups namely:-

(a). Barricade party to handle portable barricades

(b). Rope party (un armed)

(c). Cane / lathi party

(d). Arrest party

(e). Fire arm party

(f). Party to remove injured persons

(g). Ambulance / first aid party

(h). Temporary jail – guard party

(i). Vehicle guard party

(2). The mob operation party should carry the following materials:-

(a). Portable barricades

(b). Ropes

(c). Lathies, canes and helmets

(d). Heavy / light vehicles

(e). Ambulance

(f). Varun

(g). Vajra

(h). Sufficient No. of tear gas materials including shells / grenades / munitions.

(i). Musket, Rifle and sufficient No. of ammunitions

(j). Shields

(k). Stretchers

(l). First aid materials

(m). Associated arrangements for water, food, lightings.

(n). Photograph / video graph materials

(o). Warning banners

(p). Red flags

(q). Public address equipments / megaphone

(r). Binoculars

(s). Body protectors

(3). The following shall form the mob operation party, which should be ensured before

proceeding to the troubled spot. This should be done without involving any loss of time.

(a). Full Police party

(b). Executive Magistrate

(c). Sufficient number of lady Police and lady Home Guards

(d). Photographer for taking photographs and video films.

(e). Fire brigade

(4). Warning should be given to the mob at each and every stage of deciding on the kind of

force to be used.

(5). Before opening fire, due care should be taken for the safety of Police men; the Police

men deployed on the roof top shall get down and assemble along with the Police party

ready for operation.

(6). Don’t open fire on a dispersing mob.

(7). Medical authorities should be informed of the necessity to give emergent medical aid to

the injured (both public and Police). Injured public and Police should not be mixed

together.

(8). Advance arrangements should be made for additional number of vehicles, men and

materials, ambulance, etc.

(9). Children, women and old aged and disabled persons should be handled politely.

(10). The procedure of warning the mob should be strictly followed. When it is decided to

disperse the unlawful assembly by force, the Executive Magistrate or the Senior Police

officer should cause to issue warning in the following manner in the regional language

(i.e) Tamil, Malayalam and Telugu.

“You become the members of an unlawful assembly, and you should immediately

disperse. If you do not disperse, Police would make lathi charge. Disperse-Disperse-

Disperse”

(11). Prior arrangements should be made to declare temporary jails – usually at chamber of

commerce godowns or any marriage hall (if off season only) or any building / place of

entertainment belonging to the civic bodies.

The report to be submitted by the Police officer in charge of the Police force which

conducted the mob operation

2113. The Police officer should, after the mob operation using fire arms, give a report in the

following format.

1. Name of the commanding officer :

2. Place of occurrence :

3. Full facts of the scene ( in short form) :

4. Date and time of mob operation :

5. Number of rounds fired :

6. Details of empty rounds :

7. Name of the officer who ordered firing :

8. Number of causalities (i.e) (a) injured :

(b) dead

(describing nature / quality of injuries)

9. Details of fire arms / other weapons recovered from the mob :

10. Number of persons arrested :

11. Brief account of the incident :

2114. FIRING ORDER

The firing order should be issued by the top Executive Magistrate present at the scene in

the following format.

FIRING ORDER

I, ……………………… Magistrate of the ……………………. Class, acting under

section 130 of the Code of Criminal Procedure, 1973, required Thiru. …………………… (Rank

& designation of the Senior Police officer present at the scene) of the unit to disperse the

unlawful assembly by using fire arm at …………… hours on …………. (date) at ………………

(the place of occurrence).

SIGNED SIGNED

POLICE CONTINGENT OFFICER MAGISTRATE (EXECUTIVE)

Note

If other circumstances, where fire arm has not been used, but the unlawful assembly

dispersed by using force by means of tear gas and lathi charge, and when the Executive

Magistrate was present and gave orders, a similar type of order indicating ‘ORDER TO

DISPERSE UNLAWFUL ASSEMBLY’ under section 129 of the Code of Criminal

Procedure, 1973 should be issued by the Magistrate, if he is present at the spot.

2115. For maintenance of public order or for preservation of peace, the provisions laid down

under the following rules shall be strictly implemented. It shall be remembered that small issues

or items relating to the conduct of procession and meeting and the use of loud speaker would

lead to a major issues under the context of communal or political issues.

(1). The Pondicherry Meetings, Assemblies and Procession (Regulation) Rules, 1967

dated 24-11-1967.

(2). The Pondicherry Meetings, Assemblies and Processions (Regulation)

(Amendment) Rules, 1970 dated 05-09-1970.

(3). The Pondicherry Sound Amplifier and loud speaker licensing rules, 1967 dated

26-12-1967.

2116. The above rules are appended below. All SHOs / Circle Inspectors and Sub-Divisional

SPs should not only issue licenses for the smooth conduct of assemblies and processions and for

the proper use of loudspeaker without causing annoyance to others, but also ensure a follow-up

action whether licence conditions are appropriately followed by the petitioners / licencees.

2117. (I).PONDICHERRY MEETINGS, ASSEMBLIES AND PROCESSIONS

(REGULATION) RULES, 1967. (Notification of Government of Pondicherry dated 24th

November 1967).

G.S.R. 14 – In exercise of the powers conferred by clause (c) of sub-section (2) of section

46 of the Police Act, 1961 (Act No. 5 of 1961) as amended by the Police (Pondicherry

Amendment) Act, 1966 (Act No. 6 of 1966), the Lieutenant Governor, Pondicherry, hereby

makes the following rules, namely:-

(1) (i). These rules may be called the Pondicherry Meetings, Assemblies and Processions

(Regulation) Rules, 1967.

(ii). They shall come into force at once.

(2). No person shall convene or hold any meeting in a public place or conduct an

assembly or procession in a public place without obtaining licence from the

Inspector General of Police, Pondicherry, or any officer authorized by him in his

behalf.

(3). No person shall convene or hold a meeting at any public place at which another

meeting is to be held of which not less than twenty four hours previous notice has

been given to the Inspector General of Police or to any officer authorized by him

in this behalf or any place within 500 metres thereof.

(4). The Inspector General of Police, Pondicherry or any Police officer not below the

rank of Sub-Inspector may, from time to time as occasion may require, direct the

conduct of all assemblies and processions in public places and prescribe the routes

by which and the times at which, such processions may pass, keep order in public

places and prevent obstructions on the occasion of such assemblies and

processions on the public roads and in the public places or in the neighbourhood

of places of worship during the time of public worship and in any case when

public places may be thronged or may be liable to be obstructed.

(5) (i). Any person who desires to convene or hold a meeting or to conduct an assembly

or procession in a public place shall, before twenty four hours of the scheduled

time of such meeting , assembly or procession, apply for a licence to the Inspector

General of Police, Pondicherry or to any Police officer authorized by him in this

behalf in Form A.

(ii). Every application for such licence shall bear a non-judicial stamp of fifty paise.

(iii). The authorities referred to in sub rule (1) shall grant the licence for convening or

holding a meeting or for conducting an assembly or procession on such terms and

conditions as may be specified or refuse to grant the same if it considers that such

refusal is necessary for the maintenance of law and order or for the preservation

of public peace or public safety or in public interest.

(6). Any person who contrivances the provision of these rules or any of the conditions

of the licence issued thereunder shall be liable on conviction to a fine not

exceeding two hundred rupees.

(7). Nothing contained in these rules shall apply to funeral processions or processions

or assemblies of religious or customary characters.

FORM A

See Rule 5 (1)

1. Name and address of the applicant :

2. Situation of the place where it is proposed :

to hold the meeting or convene the assembly.

(If the place belongs to the local authority,

the consent letter of the said authority

should be appended along with the application).

3. Date, time and duration for which the licence

is required. :

4. Purpose of the meeting or the Assembly :

5. If licence is required for procession the date,

time and routes should be specified. :

I do hereby declare that I shall abide by the rules and conditions under which the licence

may be granted.

Date :

Place :

Signature of the applicant

2118. (II). AMENDED RULES FOR MEETINGS / ASSEMBLIES (Notification of

Government of Pondicherry - G.O. Ms. No. 74, Home I, dated 5th

September 1970).

In exercise of the powers conferred by clause (c) of sub-section (2) of section 46 of the

Police Act, 1861 (Act No. 5 of 1861) , the Lieutenant Governor, Pondicherry, hereby makes the

following amendment to the Pondicherry Meetings, Assemblies and Processions (Regulation)

Rules, 1967, namely:-

(1) (i). These rules may be called “The Pondicherry Meetings, Assemblies and

Processions (Regulation) (Amendment) Rules, 1970”.

(ii). They shall come into force at once.

(2). In the Pondicherry Meetings, Assemblies and Processions (Regulation) Rules,

1967 (hereinafter referred as the said Rules), for Rule 2, the following Rule shall

be substituted namely:-

“Any person who desires to convene or hold a meeting or to conduct an assembly

or procession in any public place shall at least before twenty-four hours of the

scheduled time of such meeting, assembly or procession inform in writing the

Inspector General of Police, Pondicherry or the concerned District Superintendent

of Police of the region the scheduled time and the place or locality, where such

meeting or assembly is to be convened or as the case may be the routes by which

the times at which the processions is intended to be taken out”

(3). In Rule 4 of the said Rules, for the word “or any Police officer not below the rank

of Sub-Inspector, may”, the words “or the concerned District Superintendent of

Police of the region, may” shall be substituted.

(4). In the said Rules, for Rule 5 of the following Rules shall be substituted namely:-

(5) (i). The Inspector General of Police, Pondicherry or the District Superintendent of

Police of the concerned region may require the persons convening or collecting an

assembly or a meeting or directing or promoting a procession by general or

special notice to apply in Form ‘A’ for a licence for the conduct of such assembly,

meeting or procession if such assembly, meeting or procession would, in the

judgement of the District Magistrate or Sub-Divisional Magistrate having

jurisdiction over the area, if uncontrolled, by likely to cause a breach of peace.

(ii). On receipt of such application, the Inspector General of Police or District

Superintendent of Police, as the case may be, may grant the licence on such terms

and conditions specified therein or fix the venue of such meetings and regulate

route of the processions, taking into consideration the public safety and

maintenance of law and order.

2119. (III). SOUND AMPLIFIED / LOUD SPEAKER LICENCE RULES, 1967

(Notification of Government of Pondicherry dated 20th

December 1967)

G.S.R. No. 17 – In exercise of the powers conferred by sec (c) of sub-section (2) of the

section 46 of the Police Act read with clause (vi) of section 34-B of the said Act, the Lieutenant

Governor, Pondicherry, hereby makes the following namely

(1) (i). These rules may be called the Pondicherry Sound Amplifier and Loud Speaker

Licensing Rules, 1967.

(ii). They shall come into force at once.

(2). In these rules, unless the context otherwise requires:-

(a). Act means the Police Act, 1861 as amended by the Police (Pondicherry

Amendment) Act, 1966

(b). Licensing Authority means the Inspector General of Police, Pondicherry,

or any other Police officer authorized in this behalf.

(3). No person shall use a Sound amplifier or loud speaker without obtaining a licence

in accordance with the provisions these rules.

(4). No sound amplifier or loud speaker shall face a hospital, place of worship or an

educational institution and any other public institution situated in that locality and

specified in the licence.

(5). No person shall use a sound amplifier or a loud speaker within a radius of

distance as may be specified by the licensing authority from a hospital place of

worship or an educational institution and any other public institution situated in

the locality and specified in the license.

(6). Any Police officer on duty and below the rank of Sub-Inspector may require any

party to stop using or remove any sound amplifier or loud speaker the using of

which may be nuisance or cause obstruction and it shall be stopped or removal,

as the case may be, immediately.

(7). Any Police officer on duty not below the rank of Sub-Inspector may seize any

sound amplifier or loud speaker or other instrument used in amplifying which has

been or appears to have been used in contravention of any of the –conditions of

the licence.

(8). The application of license shall be sent to the license authority. A fee of Rs. 2

shall be paid for each license for the use of sound amplifier or loud speaker for a

period not exceeding three hours. An additional fee of Rs. 2 shall be paid any

extension of the said period of three hours, irrespective the duration of extension

applied for. The fee shall be remitted in the State Bank of India, Pondicherry, or

the Sub-Treasuries, as the case may be, under the head “XIX-Police Fees, fines

and forfeitures Amplifier and Loud Speaker Licence Fee and the challan enclosed

along with the application.

(9). The licence shall be issued by the licensing authority or any other Police officer

authorized in this behalf. Every licence issued shall be subject to such conditions

as may be specified by the licensing authority in the licence.

(10). No sound amplifier or loud speaker installed in a place shall be operated before

5.00 A.M. and after 10.00 P.M.

(11). No sound amplifier or loud speaker in any place shall be used for more than three

hours at a time.

(12). The sound arising from amplifier or loud speaker in houses, clubs, hotels,

restaurants, tobacco shops and propaganda vans shall not be carried beyond 30

metres and disturb public peace.

(13). The licensing authority or any other Police officer authorized in this behalf may

exempt any person or class of persons from all or any of the provisions of these

rules subject to such condition as the licensing authority may deem fit.

(14). Any person who uses a sound amplifier or a loud speaker without obtaining a

licence or contravenes any of the provisions of these rules or any of the conditions

of the licence issued thereunder shall be punishable with fine which may extend

to fifty rupees or with imprisonment for a term which may extend to one month.

Note

The offence relating to the use of sound amplifier / loud speaker shall be booked under

rule 14 of the Pondicherry Sound Amplifier and Loud Speaker Licensing Rules, 1967

read with section 34 B (vi) of the Police (Pondicherry Amendment) Act, 1965.

2120. The Police licences to conduct processions / assemblies and to use the sound amplifier /

licensing rules shall be issued by the Superintendent of Police (concerned) on the following

formats:-

MODEL - I

No. Office of the Superintendent of Police

Puducherry

Dated:

PROCEEDINGS OF THE SUPERINTENDENT OF POLICE, (………………..),

PUDUCHERRY TO CONDUCT PROCESSIONS, ETC.

Present : Thiru. …………….

Superintendent of Police (…………….)

Puducherry

Reference : Petition of Thiru. …………..

Dated

Permission is hereby accorded to the application referred to above for the conduct of

procession (by motor cycles if motorcycles / bicycles used) with mike on --------------------- from

---------- hrs. to ---------- from ------------------------- (starting place) through --------------------------

---------- (routes of the procession) to --------------------------------- (the place of halt). Processions

will abide by the following conditions.

(1). The procession shall not be more than in two files and shall keep the extreme left

side of the road and allow free flow of traffic on the other side of the road.

(2). They shall not carry any instrument or thing, which can be used as a weapon

offence. Flag, if any, shall be tied to thin bamboo stick of reasonably allowed

length.

(3). Derogatory slogans of personal attack of provocative nature shall not be used

against any individual / government / official body.

(4). No diversion from the approved route should be taken unless so directed by a

Police officer of an above the rank of an Assistant Sub-Inspector of Police.

(5). The processionists shall keep peace during the procession and shall abide by the

direction given on the spot by any Police officer or and above the rank of an

Assistant-Sub Inspector of Police.

(6). The timings notified in the petition shall be followed.

(7). Wattage of loudspeaker / sound / amplifier shall not exceed 15 watts.

(8). No vehicle shall be taken in procession.

(9). On reaching assembly point the processionists shall contain themselves within the

allowed area.

(10). The applicant is warned that any contravention of the conditions will entail legal

action against them.

(11). The applicant is solely responsible for the smooth conduct of cycle propaganda or

procession.

Note

(i). Permission shall also be obtained from the concerned Superintendents of Police if

the same goes through the areas of North or Rural, as the case may be.

(ii). The Licence / permission shall be acknowledged.

SUPERINTENDENT OF POLICE (….)

PUDUCHERRY

To

Copy to

SHOs - For necessary action

CIs

MODEL – II

No. Office of the Superintendent of Police

Puducherry

Dated:

PROCEEDINGS OF THE SUPERINTENDENT OF POLICE, (………………..),

PUDUCHERRY FOR THE CONDUCT OF MEETING

Present : Thiru. …………….

Superintendent of Police (…………….)

Puducherry

Reference : Petition of Thiru. …………..

Dated

With reference to the petition cited above permission is hereby accorded for conduct of

public meeting with mike on ----------------- from ------------- hrs. to ------------------ hrs. at --------

------- (Place/Places) subject to the following conditions.

(1). There should not be any derogatory speeches or slogans or any kind of insultation

by any member of your party.

(2). This permission is subject to the availability of the place for which permission is

to be obtained from the appropriate authority.

(3). The propaganda should not disturb the free-flow of traffic.

(4). The timings notified in the petition shall be followed.

(5). There shall not be any obstruction to vehicular movements / general public.

(6). Wattage of loud speaker / sound / amplifier shall not exceed 15 watts.

(7). If any body violates the conditions, strict legal action will be initiated against him

/ her.

Note

The applicant is solely responsible for the smooth conduct of the meeting. The receipt of

this order may be acknowledged.

SUPERINTENDENT OF POLICE (……)

PUDUCHERRY

To

Copy to

SHOs - For necessary action

CIs

MODEL –III

No. Office of the Superintendent of Police

Puducherry

Dated:

PERMISSION TO USE OF LOUDSPEAKER

(Issued under the provision of the Pondicherry Sound Amplifier and Loudspeaker Licensing

Rules 1967)

Reference : Petition of Thiru. …………..

Dated

Permission is herby accorded to use of Loudspeaker for propaganda in ---------- region

only -------------------- (mention the names of Police Circles) within the jurisdiction of the

undersigned from ------------- to ---------- (dates) from --------- hrs. to ------- hrs. subject to the

following conditions:-

(1). Wattage of loudspeaker / sound / amplifier shall not exceed 15 watts.

(2). The loudspeaker shall not be used near the places of worship or Education

Institutions or public offices during working hours.

(3). The loudspeaker shall not be used around hospitals.

(4). The use of loudspeaker shall be stopped when required by any Police officer not

below the rank of an ASI of Police, if the same has caused or likely to cause

nuisance, obstruction and annoyance to the public.

(5). The sound amplifier or loudspeaker shall be used only when the vehicles is

stationary and not while moving.

(6). The sound arising from the amplifier or loudspeaker shall not be audible beyond

30 meters as it would disturb public peace. The noise from the loudspeaker shall

not be so loud to draw the attention of the road users, as the same would endanger

their personal safety.

(7). Slogans abusive in nature likely to cause the breach of peace should not be

used.

Vehicle Nos.

(if vehicle used)

(8). If two cycle rickshaws / vehicle fitted with mike happen to cross each other, both

of them should switch off and they should resume only when they reach to a

reasonable distance, not affecting each other.

(9). The violators will be prosecuted and the PA equipments seized.

SUPERINTENDENT OF POLICE

PUDUCHERRY

To

Copy to

SHOs - For necessary action

CIs

(who will follow up for necessary action to ensure the observance of Rules and provide /

bandobust wherever necessary).

ANONYMOUS PHONE CALL, BOMB THREAT AND BREACH OF PEACE

2121. Another area of concern in the public order problem are the reports of acts of intimidation

directly or indirectly through anonymous telephone calls. Such complaints have been received

from persons associated with;

(a). Political activities,

(b). Trade union activities,

(c). Caste based organisations,

(d). Agricultural operations,

(e). Land dealings, and

(f). The neighbourhood fight.

2122. The complaints need to be legally looked into or otherwise it would lead to a law and

order problem. The Station House Officer shall receive complaints of such nature and register

cases under sections 506 or 507, of the Indian Penal Code, as the case may, which are cognizable

according to the following notification.

NOTIFICATION OF GOVERNMENT OF PONDICHERRY - G.O. MS. NO.

68/HOME (I) DATED 11TH

AUGUST 1970

S.O. No. 59 – In exercise of the powers conferred by section 10 of the Criminal Law

Amendment Act, 1932 read with the Notification S.O. 31 dated 7th

February 1967.

Issued by Government of India, Ministry of Home Affairs, New Delhi, the Lieutenant

Governor of Pondicherry hereby declares that any offence punishable under sections 188,

506 or 507 of the Indian Penal Code, if committed in any part of this Union Territory of

Pondicherry shall, notwithstanding anything contained in the Code of Criminal Procedure

1898, be cognizable, and any offence punishable under section 188 or section 506 of the

Indian Penal Code shall be non-bailable.

HOW TO INVESTIGATE BOMB THREATS (HOAX CALL) OR ANONYMOUS

PHONE CALLS.

2123. The Police officer making the investigation of cases involving anonymous threats or

phone calls shall get the following details from the persons who were threatened.

(i). Ascertain the exact date and time of calls;

(ii). The exact language used by the caller;

(iii). Whether the caller was a male or female;

(iv). Whether he / she was an adult or child;

(v). Ascertain the caller’s estimated age;

(vi). Ascertain the caller’s nationality or regional background as revealed by the

language used by the caller;

(vii). The type of speed whether speedy speech, slow or rapid or normal or broken or

excited or loud or disguised or sincere.

NOTE: This should be presumed on hearing the speech and accent.

(viii). Background noise (such as train frequent bus horns or any other striking

peculiarities).

NOTE: Don’t discuss these point with others.

(ix). Report the case and notify your superior officer and follow instructions.

NOTE:

(i). If the caller is identified, he or they shall be arrested and prosecuted as above

apart from other activities.

(ii). If he is a mischievous and notorious person aiming to cause the breach of peace

he shall be bound over under section 107 or 110 Cr.P.C. as the case may be.

���� ���� ����