Chittagong Metropolitan Police

Queries

What do you mean by cognizable and non-cognizable offence?

The word ‘Offence' denotes to an act made punishable by the Penal Code (Act XLV) 1860. A few examples of offence are theft, assault, house trespass, kidnapping, extortion & rioting.

Cognizable offence: According to the Section 4(f) of the Code of Criminal Procedure 1898, cognizable offences are those offences where a police officer may, in accordance with second schedule of the CrPC or under any law for the time being in force, arrest a person without a warrant.

A few examples of cognizable offences are: murder, dacoity, robbery, theft, rape, attempt to commit suicide, wrongful confinement, assault, kidnapping, extortion, house trespass, & rioting etc.

Non-cognizable offence: Non-cognizable offence are those offences where police officer may not arrest without a warrant.

A few examples of non-cognizable offences, as described in the second schedule of (CrPC) are, sedition, committing affray, bribery, making atmosphere noxious to health, committing a public nuisance, defamation etc.

However, police can arrest in non-cognizable offences after receiving a warrant from the court.

Can any private person arrest an accused/offender/criminal? If can, under which law?

Yes, a private person/persons can arrest an accused without a warrant. The following sections of Law/Act/Ordinance authorize private person/persons to arrest an accused without a warrant :

a) Private person(s) can arrest an accused who, in his/her view, commits a cognizable and non-bail able offence, or any proclaimed offender (Section 59 of CrPC).

b) According to section 12 of the Arms Act 1878, private person(s) may arrest a person found carrying or conveying any unlicensed arms & ammunition.

c) According to the section 13 of the Explosive Act 1884 a person tends to cause explosion or fire in or about any place where an explosive is manufactured or stored, or any railway or port, or any carriage, ship or boat could be arrested by private person(s).

The person(s) making such arrests, without unnecessary delay, shall make over the person so arrested to a police officer, or, in the absent o f the police officer, take such person or cause him to be taken in custody to the nearest police station.

What do you mean by GD? Do I need to pay to make an entry into the GD?

GD means general diary. It is a valuable register maintained at the Police Stations and at the police outposts. The general diary as prescribed under section 44 of the Police Act 1861, 377 of the Police Regulation and 154 & 155 of the Code of Criminal procedure is written in duplicate with carbon paper. Each book contains 200 pages, duly numbered. The diary is closed and dispatched at 0800hrs.

Every entry made shall be numbered in a monthly series and signed by the officer in charge at that time. Every occurrence which may be brought to the knowledge of the officers of police shall be entered in the diary at the time at which it is communicated to the station.

In it shall be recorded all complaints and charges preferred, whether cognizable or not, the names of the complainants, the names of all persons arrested, the offences charged against them, the weapons or property of which the police have taken possession, and the names of the witnesses who have been examined, name of the persons arrested, the number of the case, the dates of arrest and receipt in the station lock-up, the date and hour when forwarded to the court, and the expenses, if any.

The following information obtained shall also be entered: the state of crops, roads, rivers, bridges, railway fences, the occurrence of large fires, inundations, railway or road accidents, outbreak of any serious disease, particulars of taking & making over charge, change of the station sentry, presence of suspicious characters, gamblers, swindlers, foreigners,

You don't need to pay any fees/charges to make an entry into the GD.

What do you mean by FIR?

FIR means First Information Report. It is a written or oral complaint to the officer in charge of a police station of any cognizable crime mentioned in the section 154 of the Code of Criminal Procedure. The complaint is recorded in a Government prescribed form BP 27.

The FIR should contain the following information:

· Date and time of occurrence

· Name, address & cell phone number (if any) of the complainant

· Place of occurrence

· Description of the event/incident

· Mode of operation of the incident

· Description of the arms, knifes or any others (as an evidence, if used any)

· The complaint must be signed by the complainant and by the recording officer.
In a nutshell, the FIR should contain the answers: who, what, when, where, whom, why and how.

What is a search warrant? Can a police officer search any place/part without a search warrant?

it is a warrant issued from the court, to produce before him, any document or thing or unlawfully confined person(s) from a place or part.

Police officers are, usually, not authorize to conduct search any place/part without a search warrant. But they can do it in the following cases:

· According to section 47 of CrPC police can search a place/part in order to execute a warrant of arrest.

· According to section 53 of CrPC, police can search a place/part if they have information about possessing of offensive weapon.

· According to section 153 of CrPC if police receive information about weights, measures or instruments for weighing used or kept are false.

· According to section 165 of CrPC an investigating officer can search a place/part, who has reasonable grounds for believing that anything necessary for the propose of the investigation may be found.

· According to section 166 of CrPC an investigating officer can search a place out of the district, who has reasonable grounds for believing that anything necessary for the propose of the investigation may be found.

· Police is also authorized to conduct search without a warrant under section 23 of Police Act, section 5 of Public Gambling Act, section 36 of the Narcotics Act, section 14 of Opium Act. Such search must be conducted at the presence of two or more witnesses.

What do you mean by a Police Report? What is a Charge Sheet and what is a Final Report?

Police Report: It is a report forwarded by the investigating officer to the court on the completion of investigation of a case. It could either be a Charge Sheet or a Final Report, depending respectively, on whether the charges are proved or not proved.

Charge sheet: Charge sheet is a report submitted to the court, on the completion of an investigation, by the investigating officer, when the charges against the accused are found proved and the investigating officer proposes to proceed against the accused. it is submitted in a govt. prescribed form.

Final Report: Final report is a report submitted to the court, on the completion of an investigation, by the investigating officer, when the charges against the accused are not found proved. It is also submitted in a govt. prescribed form.

Describe the situations when police can open fire?

Police has the authority to use firearms in the following cases/situations:
a) In order to use the right of private defence of body & property (Section 96 – 106 of the Penal code)
b) In order to disperse any unlawful assembly (Section 127 – 128 of the CrPC
c) In order to execute the arrest (Section 46 of the CrPC)

Are police officers twenty four hours on-duty?

Yes, according to the section 22 of the Police Act 1861 and section 13 of Dhaka Metropolitan Police Ordinance1976, every police officer not on leave or under suspension shall be deemed to be always on-duty.

What do you mean by police remand?

Police remand is part of the investigation into a cognizable offence. According to section 167 of the Code of Criminal Procedure, whenever any person is arrested and detained in police custody, and it appears that the investigation cannot be completed within the period of 24 hours fixed by the section 61 of the same, and there are grounds for believing that the accusation or information is well-founded, the investigating officer forwards the accused to the court asking for further detention in police custody. This is called police remand.

When does police arrest a person without a warrant of arrest?

Police is authorized to arrest a person without a warrant under the following section of Law/Ordinance/Act:

1. Section 54 of Code of Criminal Procedure (CrPC) 1898:

a) any person who has been concerned in any cognizable offence * or against whom a reasonable complaint has been made or credible information has been received, or a reasonable suspicion exists of his having been so concerned.

b) Any person having in his possession without lawful excuse, any implement of house-breaking.

c) A proclaimed offender by the government

d) Any person who has been found in possession of stolen property.

e) Any person who obstruct a police officer while in the execution of his duty, or who has escaped, or attempts to escape from lawful custody.

f) A deserter from the armed forces of Bangladesh .

g) Any person commits a crime at any lace out of Bangladesh , if committed in Bangladesh , would be punishable as an offence, and for which he is, under any law relating to extradition.

h) Any released convict committing a breach of the rule made under section 565 CrPC.

i) Any person for whose arrest a requisition has been received from another police officer.[* Cognizable offences are defined as those offences when police officer may arrest without a warrant]

Police is also authorized to arrest a parson without a warrant, committing an offence, under the following sections of Law/Act/Ordinance:

No	Law/ Act/ Ordinance	Sections
1.	Code of Criminal Procedure 1898	55, 56, 57, 124 ,128,151, 171, 401(3)
2	DMP Ordinance	100
3	Motor Vehicle Ordinance	160
4	Railway Act	100, 101, 102, 108, 112, 119, 120, 121,126, 127, 128, 129, 131,132
5	Police Act	34 & 34A
6	Arms Act	12 & 13
7	Opium Act	14 & 15
8	Excise Act	67
9	Forest Act	64A
10	Ferries Act	31
11	Public Gambling Act	11
12	Passport Act	4
13	Official Secrets Act	14D & 15B
14	Police Regulation of Bengal	316

What is the rank of The Commissioner Of Police Chittagong ?

The rank of the Commissioner of Police is of the Deputy Inspector General of Police.

Can a common citizen meet the C.P Chittagong?

Yes. Anybody can meet CP between the visiting hours from 3pm to 4pm on all working days.

Does the CP Chittagong have the power of Magistrate?

Yes. The CMP Ordinance has empowered him with the powers a of district magistrate.

What are the working hours of the Commissioner of Police, Chittagong ?

There is no fixed time. The office staff assisting him work normally during 9.30 am to 5.30 pm in all working days. However, generally the CP performs duty for more than 14 to 15 hours and even more during the visit of VIPs or during emergencies.