Chapter-4 Powers and Duties of Police Employees

Chapter-4 Powers and Duties of Police Employees
12. Police employees to remain on constant duty : For the purposes of this Act, every police employee shall be deemed to be on constant duty, and a  police employee may be deputed at any time to any part of the country.

13. Authority exercisable by police employees : No police employee shall exercise higher power or authority than is vested in or delegated to him or her under this Act or any other prevailing Act.

14. Powers of senior employees : The powers vested in any police employee under this Act or the Rules framed under this Act may be exercised by any police employee who is senior to him or her in rank.

15. 26 Duties of police employees :

(1) The duties of every police employee shall be as follows:
(a) To obey the orders issued by the competent authority according to the law; and promptly execute and serve
warrants issued by such authority.
(b) To collect information regarding activities which are likely to affect law and order, and submit the same to
higher authorities.
(c) 27 To prevent crimes, and protect people from unnecessary harassments.
(d) To trace out criminals and cause them to be punished according to the law.
(e) To arrest persons who must be arrested according to the law, and for whose arrest there exist adequate
grounds.
(f) To discharge duties which must be discharged according to the laws in force.

(g) To provide assistance to the best of his or her capacity to any person lying disabled or helpless on the road,
and take charge of lunatics and persons who are dangerously intoxicated and cannot look after
themselves.
(h) To take necessary action immediately in case any arrested or detained person sustains injuries or falls ill,
and take proper care of him or her while guarding him or her or shifting him or her elsewhere.
(i) To make necessary arrangements for relations and  accommodation for persons who are arrested or are
under detention.
(j) To refrain from indulging in indecent behaviour and undue harassment to any person while conducting a
search.
(k) To behave the public decently, and treat women and children with full respect and due politeness.
(l) To make all possible efforts for safety against loss or damage by fire.
(m) To make every possible effort to save people from accidents or dangers.
(2) For the purpose of fulfilling any of the objectives mentioned in Clause (a) though (e), any police officer of at least the rank of sub-inspector may enter and inspect without warrant any liquor-stall, hotel, lodge or
restaurant selling or serving narcotics or liquor, gambling den, any other place where bad characters and miscreants generally assemble.
(3) In case any police officer enters into or inspects any place without warrant pursuant to Sub-section (2), such police officer shall, as soon as possible, inform the Chief District Officer in writing about the
same, along with the reasons for doing so.
16. 28 Power of Chief District Officer to Issue warrant, etc. : Any police officer may submit reports to the Chief District Officer requesting the issue of a suitable warrant according to the law, or of a search warrant, or
summons or any other notice, or prescribe time-limits in the name of any person who has committed any crime, or is about to commit any crime, after sending such information to the Chief District Officer as he or she has
obtained while discharging his or her duties, and the Chief District Officer may issue such a warrant, summons or notice, or prescribe such a time-  limit, unless the prevailing law explicitly provides for any officer or
authority empowered to do so. In case there is a legal provision that any office or court is to issue
such a warrant, search warrant, summons or other notice or time limit, the police officer shall submit such a report directly to such an office or court.
17. Power of police employees to arrest without warrant : (1) A police employee may arrest the following persons without warrant at any public  place:
(a) One who is known to have committed or attempt to commit any crime which is punishable by law with
imprisonment for a term of Three years or more than Three years.
(b) A criminal who is declared absconding and is therefore required to be arrested.
(c) A person who moves in a suspicious manner at a time when a curfew is in force.
(d) A person who carries arms and ammunitions at night without proper reason or tools for burglary at night.
(e) A person who escapes or attempts to escape from the place where he or she is detained according to law.
(f) A person who is reasonably suspected to have  absconded upon deserting to Nepal army or police
force.
(g) A person who is reasonably suspected to have committed any of the crimes mentioned in Chapter-6
of this Act.
(2) Any person who is arrested under Sub-section (1) shall be produced before a court as early as possible within Twenty Four hours, excluding a reasonable period of time required for the journey.
(3) In case any police employee sees any movable, immovable public property being damaged in his or her presence, he or she may prevent such damage at his or her own initiative.
18. Arrangements of motor vehicles or passengers on public thoroughfares, etc.: The police employee shall have the following duties:
(a) To regulate and control traffic on public roads, prevent ……….. 29 obstructions to traffic and ensure compliance with this Act or the rules framed and the orders issued under the laws in force for observance by the people on public roads or adjoining areas.
(b) To maintain peace in public roads, public baths, and places where clothes are washed, river banks, airports, railway stations, fairs, temples, places of worship of the surrounding areas at the time of
worship and other public places.
(c) To maintain peace on/at public roads, public baths, and places where clothes are washed, river banks, airports, railway stations, prevent overcrowding at such places and on public ferries, and preventing
violations of ………………. 30 the Rules framed and orders framed and issued under this Act and other prevailing Act for observance 31 by the general public at such places and ferries.
19. 32 Arrangements for public assemblies and processions : (1) With the objective of ensuring that the process of holding assemblies or taking out processions at public paths, roads or thoroughfares do not cause
inconvenience to the general public or disturb peace, the Chief District Officer, or the police officer authorized by him or her for the purpose, may prescribe roads and time for holding such assemblies or taking out
processions.
(2) In case any act is done in contravention of Sub-section (1), the
Chief District Officer or the police officer authorized by him or her for the
purpose, may stop or disperse such assemblies or processions.

20. Police to take charge of unclaimed property : It shall be the duty of every police employee to take charge of unclaimed property and to make and submit an inventory of such property to the Chief District Officer.

21. Chief District Officer to impound property and issue Notification :
(1) The Chief District Officer may impound such property and issue a Notification directing the claimant to appear, with evidence of his or her claim, within Six months, giving particulars of such impounded property.
(2) In case a person who has a rightful claim to such property is not traced or is absent, and in case such property is liable to be damaged or to perish due to natural factors, or the Chief District Officer ………… 33 is of
the opinion that the auction thereof may be profitable to the owner of such property, or in case ………….. 34 the value of such property is below Ten Rupees, the Chief District Officer may, at any time, order the auction sale
of such a property and …………. 35 credit to the deposit of the proceeds of the auction sale.
22. Property to devolve on Government of Nepal where no one claims it :

(1) In case no claimant to such property appears within the prescribed time-limit of Six months, and in case no auction sale of the property has taken place under Sub-section (2) of Section 21, it shall be auctioned or
sold according to the order of the Chief District Officer.
(2) The proceeds of the auction sale of property under Sub-section (1) and of the auction sale of unclaimed property under Sub-section (2) of  Section 21 shall devolve on the Government of Nepal after the expiry of Six months.
22A. 36 In relation to unclaimed dead bodies : In case any unclaimed dead body is found, the police shall take it in its possession, and identify it. In case it is provided that the person had died a natural death, a note shall be
prepared accordingly and the dead body shall be handed over to his or her relative for the purpose of performing the last rites. In case no relative is traced, or in case he or she refuses to take possession of the dead body, the
police shall hand it over to the institute of medical sciences, where it has been established, if it requires the body for the purpose of study. In case no such institute has been established at that place, or in case it does not need
the dead body, the police shall have it cremated through the local Village Development Committee or Municipality 37 or a social organization.  Provided that, in case the person whose dead body is found has died as a result of an accident or by committing suicide or in any  other suspicious circumstances, the body shall be handed over to such an institute or cremated, only after completing investigations, including autopsy, according to the laws in force.
23. Duty of police employees to maintain diaries :

(1) It shall be the dutyof the empowered employee of every police station to maintain a diary according to the form prescribed by the Government of Nepal and indicate therein all complaints and charges, the names of the arrested persons, the names of the complaints, the offences for which the persons were arrested, the arms or properties recovered from them or from other resources, as well as the names of the witnesses summoned and inquired.
(2) The Chief District Officer may procure the diary and examine it.
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