Section 6
Arrangements To Be Made To Prevent Evidence From Being Concealed Or Destructed And Prevent Offender From Escaping
(1)
If any police office or police employee gets information that any
offence set forth in Schedule-1 has been committed or is being
committed or is likely to be committed, such office or employee
shall, as promptly as possible, make necessary and effective
arrangements in order to prevent the offender from committing the
offence or prevent any evidence related to the offence from being
disappeared or destructed and prevent the offender from going away
or escaping.
(2) If there is a likelihood of the concealment or destruction
of any evidence related to the offence or the escaping or going away
of the offender where immediate action is not taken pursuant to subsection
(1), such police office or employee may take necessary action
9
in that behalf, even by entering the area of another police office, as
per necessity.
(3) In the event of a need for taking any action by entering
the area of another police office pursuant to sub-section (2), such
police office or employee shall give information thereof to the
concerned police office or body and the higher police office.
(4) If the concerned authority comes to know, on his or her
own initiative or on information made by any one, that any offence
set forth in Schedule-2 has been committed or is being committed or
is likely to be committed, such authority shall take action referred to
in sub-section (1) or (2).
Provided that if any police employee receives information
about such offence and the concerned investigating authority is not
available for the time being, such police employee shall take action
referred to in sub-section (1) and send the statements of such action,
together with the person, if any arrested, to the investigating
authority.
(5) Any police employee or investigating authority may ask
any body, authority or person to render assistance in preventing the
disappearance or destruction of any evidence related to the offence
or in arresting the offender; and it shall be the duty of such body,
authority or person to render necessary assistance wherever such
assistance is so asked for.
(6) If a police employee sees a person committing an
offence in his or her presence or at a time when the police employee
is there in search of clues upon receipt of a notice, information or
10
clue that such offence has been committed or is being committed or
is likely to be committed, the police employee shall immediately
arrest the person committing such offence.
(7) The police employee shall take possession of exhibits
and other proofs, evidence or things related to the offence, if any,
found on the spot and execute a deed thereon, as required, in the
presence of the eye witnesses, if any, present on the spot.
(8) Such thing, place or spot shall be protected as it is until
the completion of the execution of such deed pursuant to sub-section
(7).
(9) Where it is not possible to immediately seize or take
possession of the exhibits and other evidence or things related to the
offence obtained pursuant to sub-section (7), the concerned police
employee may make a request to the Local Level or any other office
to safely retain such exhibits or things, and the concerned Level or
office shall, when so requested, take custody of such exhibits or
evidence and give a receipt thereof.
Provided that the goods not related to the offence shall be
immediately returned to the concerned person.