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Some common questions related to Police procedure are generally asked frequently by the commuters. Such questions are given below for betterunderstanding of the subject which may satisfy your queries. You are most welcome to put your questions before the Duty Officer of your local police station.

F.I.R./COMPLAINT/COGNIZANCE

circle   What is an F.I.R.?

Ans: F.I.R. means First Information Report, made to police, about commission of a cognizable offence, In effect, it amounts to putting law in to motion by giving information relating to the commission of a cognizable offence to an officer in charge of a police station, (which shall be reduced into writing and read over to the informant) and shall be signed by the person giving such information.
It is mandatory to give a copy of the first information report (as recorded by police) to the complainant or informant free of cost.

circle   How do I lodge F.I.R.?

Ans: The informant/ complainant should go to the police station having jurisdiction over the area (where the offence is committed) and report to officer in-charge/ station house officer about commission of a cognizable offence. In case information is given on telephone, the informant / complainant should subsequently go to the police station for registration of F.I.R.

circle   What is a cognizable case or What is cognizable offence ?

Ans: A cognizable case means a case in which a police officer may, in accordance with the First Schedule of Cr.P.C. (1973), or under any other law for the time being in force, arrest without warrant.

circle   What is the meaning of the term ‘taking cognizance’?

Ans: The term ‘taking cognizance’ has not been defined in Code of Criminal Procedure. When any Magistrate takes cognizance under section 190 (1) (a) Cr.P.C., he must not only have applied his mind to the contents of the petition, but he must have done so for the purpose of proceeding in a particular way as per procedure prescribed in the Cr.P.C., and there after sending the complaint for further enquiry. A magistrate can also order investigations under section 156(3) of Cr.P.C.

circle   What is a Non cognizable offence ?

Ans: Non cognizable offence means in which a police officer has no authority to arrest without warrant.

circle   How do I lodge a Non Cog complaint ?

Ans: Information about such offences is to be given in a similar manner as explained under F.I.R.. The officer in-charge would reduce the complaint in writing (about commission of Non cognizable offence ) and give a copy thereof to the complainant free of cost.



No police officer can investigate a non-cognizable case unless he obtains prior permission of a Magistrate having power to try such case.

circle   What is meant by a ‘complaint’ ?

Ans: Complaint means any allegation made orally or in writing to a Magistrate, with a view to his taking action under the code of criminal procedure (1973), that some person (whether known or unknown), has committed an offence.

circle   What is meant by public place ?

Ans: Public place includes (and means) the foreshore, the precincts of every public building or monument, and all place accessible to the public for drawing water, washing or bathing or for the purpose of recreation.

ARREST/BAIL

circle   What is 'Arrest"?

Ans: Arrest means the taking, seizing, or detaining of the person of another, either by touching, or putting hands on him, or by any act which indicates an intention to take him into custody, and subjects the person arrested to the actual control and will of the person making the arrest


Chapter V and section 41 to 59 of Criminal Procedure Code 1973, deals with Arrest of Persons.



As per section 41 (1) Cr.P.C, any police officer may, without an order from a Magistrate and without a warrant, arrest any person,
(a) who has been concerned in any cognizable offence, or a reasonable complaint has been made, or credible information has been received or a reasonable suspicion exists; or
(b) who has in his possession of any implement of house breaking; or
(c) who has been proclaimed as an offender or
(d) in whose possession anything is found which may reasonably be suspected to be stolen property; or
(e) who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody;
(f) reasonably suspected of being a deserter from any of the Armed Forces.


As per section 42 of Cr.P.C., any person who, in the presence of a police officer, has committed or has been accused of committing a non-cognizable offence, refuses on demand of such officer to give his name and residence, can be arrested.


As per section 50 of Cr.P.C., person arrested without warrant has to be informed about the grounds of his arrest and about his entitlement regarding bail.


As per section 53 of Cr.P.C., when a person is arrested and if there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of a police officer not below the rank of sub-inspector (and for any person acting in good faith in his aid and his direction), to make such an examination of a person arrested as is reasonably necessary, and to use such force as is reasonably necessary for that purpose.
When a person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner.


As per section 56 of Cr.P.C., A police officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions herein contained as to bail, take or send the person arrested before a Magistrate having jurisdiction in the case or before the officer in-charge of a police station.


As per section 57 of Cr.P.C., No police officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under section 167, exceed 24 hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court.


As per section 151 of Cr.P.C., a person can also be arrested to prevent commission of cognizable offences.

circle   What is meant by "Bailable / Non-bailable offences"?

Ans: (i) Under the Code of Criminal Procedure 1973 (first schedule), offences have been classified as ‘bailable’ and ‘non-bailable’ offences.


ii) In the case of bailable offences, it is binding upon the investigating officer to grant bail. However, in case of a non-bailable offence, the police cannot grant bail and bail can be granted by a Judicial Magistrate/Judge only.


(iii) In case of bailable offences, if the accused produces proper surety, and fulfils other conditions, it is binding upon the Investigating officer to grant bail.


(iv) In the case of a non-bailable offence, the Investigating Officer must produce the accused before the Judicial Magistrate / Judge concerned within 24 hours of his arrest. At that time, the accused has a right to apply for bail.

PASSPORT/VISA

circle  What is a Passport?

Ans: "Passport" is an official document, issued by competent authority on behalf of a sovereign nation state, certifying the holders identity and nationality, & authorizing the holder to travel abroad.

circle  Where is the passport application form available?

Ans: Passport application forms are available at Regional Passport Offices. They are also available at http://passport.nic.in

circle  What are the fees for issuing a passport ?

Ans: 1. Fresh Passport ( 36 pages ) of 10 years validity- Rs. 1,000.




 2. Fresh Passport ( 60 pages ) of 10 years validity - Rs. 1,500.




3. Fresh Passport for Minors ( Below 15 years of Age ) of 5 years validity - Rs.600
(Cash either by Bank Draft in favor of the Passport Office or in Cash. In case of D.D. full name of the applicant and application number to be written on the reverse of the draft.)

circle  What is the procedure if the passport is lost?

Ans: What is the procedure if the passport is lost?

circle  How many days are required for police verification?

Ans: The verification procedure takes about 3 weeks from the receipt of the application.

circle  What are the documents required to apply for a passport ?

Ans: Attach two copies of the following documents:



 1. Applicant's Ration Card or any of the following documents.



 a) Telephone Bill.



 b) Electricity Bill.



 c) Bank Account Passbook.



 d) Election Card.



 e) Letter from the Society on letterhead.



 f) NOC from the department if applicant is a Government servant.



 2. Proof of date of birth : School leaving certificate / Birth certificate.



 3. Citizenship documents (If applicant is citizen of India by registration or naturalization).



 4. If the applicant does not reside on the present address for the last one year, an additional set of personal particulars form for each additional place of residence is required.



 5. Colour Photographs (frontal view).



 6. Two photographs are required for verification at the local police station.

circle  What is the procedure if the applicant is minor?

Ans: Attach following additional documents :


 a) Affidavit by legal guardian (if parents are not legal guardians).


 b) Affidavit by two responsible persons who know the legal guardian as well as the minor.


c) Attested photocopy of passport if any, of both parents, incorporating their present marital status.

circle  What is procedure for change of name after marriage / divorce?

Ans: a) A woman applying for the first time for a passport in her married name or for change of name/surname in the existing passport on account of marriage should furnish:


 i) A photocopy of the husband's passport (if issued to him).


ii) An attested copy of the marriage certificate issued by Registrar of Marriages or an affidavit from the husband and wife along with a joint photograph.


 b) Divorcees applying for change of name or deletion of spouse's name in existing passport must furnish:


 i) Divorce deed / Order of family court.


ii) Affidavit furnishing details about divorce.


 c) Re-married applicants applying for a change of name/spouse's name should furnish:


 i) Divorce/death certificate as the case may be in respect of first spouse, and


ii) Documents as (a) above relating to second marriage.

circle  List of applicants entitled to Emigration Check Not Required stamp (E.C.N.R.)

Ans: a)People going abroad in managerial capacity and possessing specialized degrees in their respective fields.


b)All Gazetted Government servants.


c)All Income-Tax payers (including Agricultural Income-Tax Payees) in their individual capacity. I.T. assessment orders issued by Income-Tax Dept. for last three years be submitted along with application for passport. If assessment order is not issued, copies of Income Tax Return stamped by Income Tax authority can be accepted.


d)All professional degree holders, such as doctors holding M.B.B.S. degree in Ayurveda or Homoeopathy, accredited Journalists, Engineers, Chartered Accountants, Cost Accountants, Lecturers, Teachers, Scientists, Advocates etc.


e)Spouses and dependent children up to the age of 24 years are listed from (b) to (d).


 f)All persons who have been staying abroad for more than 3 years


g)Seamen who are in possession of CDC or C cadets.


 h)All holders of Diplomatic/Official passports.


i)Dependent children of parents whose passports are classified as E.C.N.R. until they attain 24 years of age.


j)Persons holding permanent Immigrant Visas.


 k)Persons holding Graduate or higher degrees.


l)Persons holding 3 years diploma equivalent to degrees.


m)Nurses possessing qualifications recognized under the Indian Nursing Council Act-1947.


n)All persons above the age of 60 years Note- No emigration clearance is required for visiting Bangladesh, Pakistan and all countries of Europe (Excluding C.I.S. States ), North America, Australia, Japan and
New Zealand.


 o)No emigration clearance is required for persons possessing certificate of Vocational Training from the Government/ Government recognized institutions.

circle   What is a VISA?

Ans: VISA refers to an endorsement (writing or branding) on the passport, made by competent authority of a nation State, allowing entry to the passport holder into another country. VISA is necessary for entry into another country.

LOUDSPEAKER

circle   Do I need permission for using loud speakers?

Ans: Yes. All enlightened citizens must help in maintaining a pollution free environment. There are stringent laws against noise and air pollution. Even for playing loud speakers/public address systems/any musical instruments; including bands, orchestra, etc., at a public place, prior permission of the local police is essential.

circle   Do I need permission for using loud speakers in a moving vehicle?

Ans: In moving vehicles it is obligatory to keep the sound of a musical system low so as not to distract the attention of other road users

circle   Do I need license/ permission for dramatic/mimetic/musical performances?

Ans: Yes. You have to obtain a temporary performance/premises license from concerned licensing authority (C.P./D.M.).

circle   Do I need to take permission for organizing a morcha/dharna/public meeting or rally?

Ans: Yes. You need to take permission for taking out a morcha/ dharna/ organising public meeting or rallies from concerned SDO or District Magistrate.

circle   How to get permission for conducting any public meetings

Ans: The police is the nodal agency for sanctioning permission for conducting any public meetings. The applicant should follow the steps given below:
The citizen intending to conduct the public meeting or procession should submit a request with the local police station

The application letter should contain following details:

(a) Date, time and duration of program.

(b) Exact location of meeting or procession.

(c) Expected number of people.

(d) Micro-phone and loudspeaker if used, separate permission to be taken.

(e) Mention the nature of meeting whether it is political, religious etc.

The application should be submitted at least one week before the program, so that we can expedite the sanction procedure at the earliest.

The police will then scrutinize the application and then visit the place.

If the police is satisfied they will accord the sanction for meeting.

If any problem is observed by the police they will explain it to the organizers and you are requested to co-operate with us, since it’s for the smooth conduction of your program.

circle   What is sound limiter ?

Government of West Bengal has banned the use of DJs, sound boxes and loudspeakers without sound-limiters. A sound-limiter will cut out noise above 55dB.
Police and appropriate authorities are empowered to grant permission only to pujas, musical performances and meetings where the establishments from which sound equipment is obtained have licences and sound-limiters (below 55dB)

PUJA PERMISSION

circle   Can I apply online to get Durga Puja /Kali puja permission?

Ans: Yes. Now you can apply for a festival permission online through UTSAV ( Utility Tool of Single window Application for Puja & Verification ).

circle   How to apply ?

Ans: You can visit http://maldazilla.in/ to submit your online application.

circle   What are the steps to be followed for such permission?

Ans: Steps to be followed by the Puja Organisers

1.Register their Organisation in the system by using Mobile Number and Name of Organisation

2.Login with their ID and Password

3.Submit by Click at Application submission and Provide information details for

a) Organisation details

b) Land/Site Details

c) Power Supply details

d) Fire Services details

e) Pollution details

f) Municipality details

g) Police details

h) Upload the necessary documents i) Checklist 4)Preview draft application

5)Finalize the application

6)Check Status of application

7)After Approval by all departments view and print final permission.

circle   Who is the licensing authority of Puja permission ?

Ans: Final approval is given by the SDO/District Authority on recommendation of local police and other departments.

circle   Should one visit any govt office for getting such persuasion?

Ans: No. It is a single window application. All concerned departments are expected to examine your online application and to give quick permission if everything is in order.

circle   What are the conditions which should be followed on getting such permission?

Ans: Festival permission is given on condition of strict compliance of following instructions

1. Use of microphones / loudspeakers / Sound Boxes will be permitted from 07-00 A.M to 11-00 A.M & 06-00 P.M to 10-00 P.M each day and sound limiter must be fitted with the amplifier to reduce the sound level as per Order of Hon`ble High Court, Calcutta passed in connection with sound pollution cases. The Sound level should not exceed 65 decibels in non-residential and 55 decibels in mixed residential areas.

2. Playing microphones and loudspeakers / Sound Boxes during night other than permitted period will be viewed seriously.

3. For spectators there should be separate spaces earmarked for female and male.

4. The public road and land should never be encroached and NO OBJECTION from the land owner must be obtained by the Organizers.

5. Funnel shaped loudspeakers ( Called as Chong ) should not be used.

6. Provision of fire fighting equipments should be kept ready by hand in advance and supply of drinking water for the general spectators should be kept ready.

7. Volunteers wearing badges should be present for crowd control.

8. Sound making fire-works or any kind of fire-works should not be lit near the Puja Pandal.

9. Emergency lights may be fitted to meet eventuality of power failure.



10. Arrangement of first-aid should be there.

11. Power should not be drawn by hooking / tapping etc. from existing L.T. mains.

12. Liaison with the local police station should be maintained during Puja days till Immersion.

13. There should be ample space near the pandal for free movement of ambulance, fire tenders, Police Vehicles and Vehicles of Authority.

14. Procession for Immersion should be made as per direction / guidelines of local Police Station / Police Authority & Civil Administration. The movement of people and vehicles should not be disturbed.

15. Immersion must be completed by the date as fixed by the State Govt. & as per direction of local Police & Civil administration. Separate permission for Immersion procession route and timings will be taken from local Thana.

16. Road cannot be encroached by any means.

17. Immersion must be completed as per direction of local Police Administration & Civil Administration.

18. The Movements of people as well as the vehicles should be restricted so that normalcy of traffic is not affected by any means on the nearby roads. Mike cannot be used if local people complain, despite this permission. Mike/Loudspeaker cannot be used in SILENCE Zones or Prohibited Zones despite this permission. The rush of the public should be lawfully controlled for the restoration of peace and law & order by organisers.

19. Cultural Programme permission must be taken from local Thana and then OC Judicial Munshikahna, Malda Collectorate separately.

20. Liaison with the Local Police authority to be maintained.

21. Organizer shall be responsible for paying all due costs and license fees , public liabilities and cleaning up program venue after use.

22. Organiser shall be bound to abide by all terms and conditions stated in their prayer under oath and documents submitted.

23. Acceptance of this letter and further pursuing of the program will automatically mean agreement to all above terms and conditions in public interest and violation will be viewed seriously and program closed without any further notice.

24. Expenditure incurred for program must be lawfully obtained and no forced subscription can be taken or tickets sold without separate permission.

25. For any violation of terms and conditions, legal action will be taken without further notice.

26.In the event of the opening ceremony or any others event participated by the Celebrities, the matter must be informed to local police authority well in advance.

27. The organizers are requested to display the `1098` child line number for protection of children.

28. As per hon'ble Supreme Court of India Order fire crackers are to be used only between 08:00 PM to 10:00 PM.

ARMS LICENSE

circle   What is the procedure for applying for a new Arms Licence

Ans: District Magistrate Malda is the competent authority to issue Arms License after getting NOC from Malda District Police.

You may submit your application in prescribed Form (Form A1) with (i) Copy of Proof of Identity (ADHAR) and Proof of age, Nationality, residence, PAN Card, EPIC Card, Tax Returns etc. In absence of ADHAR Card other documents may be accepted by the licensing authority as proof of Identity provided an Affidavit (Please see Rule 11 of Arms Rule 2016) in original is filed as specified in Arms Rule 2016. Form for medical fitness certificate (Form S 3) and undertaking in Form S 2 and 4 copies of recent passport size coloured photograph shall also be submitted with the application.

circle   What is the role of Police?

Ans: After processing, District Magistrate may send your application to Police for verification and NOC. Local PS conducts an inquiry and submits report through SP Malda to the Licensing Authority.

circle   What aspects are generally checked by Police?

Ans: Police make through assessments regarding threat-based requirements of the arms by the applicant, capabilities of use and safe handling of the arms by the applicant, physical fitness of the applicant for capabilities of handling the arms, Background, antecedent, etc.

circle   What is the procedure for Applying for a new Arms Licences by Companies and Banks ?

Ans: Companies & Banks having security threat may submit Application before the licensing authority in Prescribed Form (Form A2) with all supporting documents. District Police will verify the threat perception, if requested by the licensing authority. On receipt of Police Report, decision is taken by competent authority.

circle   What is the procedure for applying for transfer of Licence under Heirloom Considerations?

Ans: Procedure for Applying for transfer of Licence under Heirloom Considerations

(i) If the Licensee is Alive, the Licensee shall apply for transfer of the license to his/her legal. The Licensee shall also make an affidavit before a First Class Magistrate regarding his wish to transfer of the license to the particular legal heir. The affidavit shall contain the full list of legal heirs of the licensee also (this is required by the Licensing Authority in case of unfortunate death of the licensee while the application is pending).

The Legal heir shall, at the same time, submit application in prescribed form (as in case of a new license) along with documents noted above.

Rest procedure has described in the foregoing paragraph.

(ii) If the Licensee is Dead, one Legal heir shall submit application in prescribed form (as in case on new licence) along with attested death certificate of the licensee and other documents noted above. All other legal heirs shall denounce their claims, either in same or separate affidavit sworn in before a First Class Magistrate. Rest procedure described above.

circle   What is the procedure for Renewal of Arms Licence

Ans: Apply for renewal in prescribed form (Form A 3) at least three months before expiry of the licence along with photocopy of Proof of Residence and other required documents. If the Licensee is a senior citizen, the competent authority may verify physical fitness and mental alertness. If required, address and current antecedent may be verified through local PS.

Please note that holding weapon/ammunition after expiry of licence is illegal which may lead to legal proceeding and cancellation of licence.

For Banks/Companies etc. please submit application in Form A 4. These categories of licences are also liable for prosecution if the weapon(s) is/are hold illegally after expiry of validity of licence.

circle   What is the procedure to renew Expired Licences or in case of failure of Renewal in due time ?

Ans: If the licensee has already expired, please deposit the gun with a Licensed Gun dealer/Local PS immediately for avoiding illegal holding which is an offence as per provision of Arms Act. Apply for renewal in prescribed form (Form A 3) along with the deposit slip, photocopy of Proof of Residence and other required documents.

If the Licensee is a senior citizen, the competent authority may verify physical fitness and mental alertness proof.

If required, address and current antecedent and use/misuse of the weapon shall be verified through local PS. 

Please note that holding weapon/ammunition after expiry of licence is illegal which may lead to legal proceeding and cancellation of licence.

If renewal is failed for more than 2 years, the weapon shall be deposited in term of Section 21 of Arms Act. Once it is taken in custody in terms of section 21, the weapon shall be released only on receipt of order of Home Department, Government of WB. This also applies to Banks and Companies.

For Banks/Companies etc. please submit application in Form A 4. These categories of licences are also liable to face prosecution if the weapon(s) is/are hold illegally after expiry of validity of licence.

circle   What is the Procedure for Sale of Licensed Arms ?

Ans: Please apply for sale permission along with consent letter from the buyer who wishes to buy the gun.

Please enclose a photo copy of licence of the buyer.

If the (seller) licensee is expired, it has to be renewed before issue of sale permission.

If, at any point of time, there is illegal holding due to non-renewal of the licence, Local Police Report may be required by the Licensing Authority to verify use/misuse of the gun.

On receipt of permission and on completion of sale, the licensee shall submit original licence forthwith at Licence Section, Malda Collectorate for updating record.

POST MORTEM REPORT

circle   What is a post mortem examination?

Ans: This Latin phrase literally means ‘after death’. A post mortem examination is a medical examination carried out on the body after death. It is also called an autopsy (which means ‘to see for oneself’)

circle   What are the circumstances that require an autopsy?

Ans: The autopsy is conducted on the request of investigating officers in cases of sudden, suspicious un-natural deaths and which are labelled as MLC cases. The circumstances that require almost always an autopsy:

1. Fire deaths, when the body is altered by fire.

2. Homicides or any cases in which another person is in anyway a possible factor in the death.

3. Suicides that are with or without clear evidence of intent.

4. Road traffic accidents and railway accidents.

5. In aircraft crashes.

6. Occupation related deaths.

7. Unwitnessed "accidents."

8. Accidents in which natural disease cannot be ruled out as a factor.

9. Deaths of persons in government custody.

10. Sudden, unexpected deaths.

11. Deaths during medical or surgical intervention. Any other cases which law enforcement agency deems fit for post-mortem examination.

circle   What is the purpose of conducting post mortem examination?

Ans: A number of things that may be determined from an autopsy are:

1. Establish decedent's identity.

2. Establish the cause of death.

3. Determine the mechanism of death.

4. Confirm the manner of death.

5. Confirm medical history.

6. Separate complicating medical factors.

7. Rule out disease or factors harmful to public health.

8. Facilitate adequate photography of wounds, if required.

9. Correlate wounding and object producing the wounds.

10. Determine time interval between wounds received and death.

11. Establish sequence of events.

12. Retrieve an article involved in mode of death, such as a bullet.

13. Obtain and examine trace evidence such as hairs, stains, and seminal fluid.

14. Obtain specimens for toxicology.

15. Establish order of death in situations where more than one family member has been killed.

16. To document all injuries in order to answer any future questions that is unknown at the time of the autopsy.

circle   Who performs the post mortem examination?

Ans: Post mortem examinations are carried out by doctors specialized and trained in the field of forensic medicine. The doctor may be assisted by a technician who is specially trained for this purpose.

circle   Where is the post mortem examination carried out?

Ans: Examinations are carried out in special facilities provided in the hospital mortuary. The body will be removed respectfully from the place of death/cold storage to the place where the examination will be carried out.

circle   When will the post mortem examination be carried out?

Ans: The post mortem examination is usually carried out as soon as possible after death, usually within 24 hours following the death. The earlier the examination is held the more chance of it yielding useful information. The actual examination can take up to three hours. However, some post mortem examinations may take longer. Some samples which are sent to forensic science laboratory for investigations that are carried out after the post mortem examination may take several weeks.

circle   What happens in a post mortem examination?

Ans: The full post mortem examination can be described in the following stages:

1. Receiving of request letter for conduction of post-mortem examination along with complete inquest papers including brief history, statements, hospital documents, investigating officer’s report etc.

2. Identification of the dead body

3. The external examination

4. Internal examination

5. The internal examination consists of inspecting the internal organs of the body. This part of the examination is like a major operation and usually takes two to three hours to complete.

6. Special examinations/tests and reports: This includes retention of tissue samples for further laboratory investigations.

An account of the findings is then written up by the doctor and later the results of any special examinations or tests and of the microscopic examination may be added. The timeframe for the availability of the final post mortem report varies but an effort is made to finalize the report as early as possible while following Govt. norms and is handed over to investigating police officer.

circle   Will the appearance of the body be affected by the post mortem examination?

Ans: It is not normally obvious that a post mortem examination has taken place and the body can be viewed afterwards as if no such examination has been performed. Great care is taken with the external appearance of the deceased and most of the incisions will be hidden by clothes or hair. However, please be aware that the cause of death and the normal changes which occur after death may impact on the appearance of the body.

circle   Will a post mortem examination delay the funeral?

Ans: Every effort is made to perform the post mortem examination in a timely fashion so funeral arrangements should not need to be delayed. The body is usually released to the relatives through police after the completion of post mortem examination.

circle   How to get a copy of PM report?

Ans: If you are a next of kin of a deceased, you can apply to the Supdt. of Police, Malda to get a copy of a PM report on payment of usual charge.

TRAFFIC FINE

circle   What documents should a driver carry when driving?

Ans: - Driving license - Registration Certificate - Taxation Certificate - PUC Certificate - Insurance Certificate - Fitness Certificate & Permit (in case of transport vehicles)

circle   What are the consequences for driving without a license?

Ans: The defaulter is liable to be prosecuted in a criminal court with fine up to Rs 500, three months imprisonment or both.

circle   When can the authorities detain a vehicle?

Ans: Authorities can detain a vehicle in the following circumstances:

- Vehicle being driven by an individual without valid driving license - Vehicle being driven without registration - Transport vehicle being driven without Permit - Vehicle being driven without payment of Tax - Improper/suspicious registration. No number plate

circle   What is the punishment for drunken driving/driving under the influence of any drug?

Ans: If a driver is caught driving a vehicle with alcohol in his blood exceeding 30 mg per 100 ml or he is under the influence of a drug to such an extent that he is incapable of exercising proper control over the vehicle, the following will be the punishment:

- First Offence: Imprisonment up to 6 months or fine up to Rs. 2000 or both - Subsequent Offence: Imprisonment up to 2 years or fine up to Rs. 3000 or both

circle   What happens if I do not appear in the court in a drunken driving case?

Ans: If you fail to appear in court, warrant will be issued from the court. This may lead to arrest and stiffer penalty

circle   If being booked for drunken driving; can I continue to drive myself?

Ans: No. You will have to arrange for an alternate driver who is not drunk or take a cab leaving the vehicle in the police custody which will be released after you have settled the case in the court.

circle   Under what conditions is the towing of a vehicle allowed?

Ans: - Vehicle abandoned or left unattended - Parked in a parking restricted zone - Parked in a way causing inconvenience to other road users

circle   What are the duties of a driver, when his vehicle is involved in an accident?

Ans: The duties of the driver are as under:

- Arrange for medical help - Inform the police - In case the vehicle is carrying dangerous goods; keep everyone away and avoid smoking in the vicinity and take emergency action as displayed on the vehicle

circle   What is the rule for use of Mobile Phone while driving?

Ans: As per section 218(3)/177MVA no driver while driving or riding a motor vehicle (including two wheelers) shall use a mobile phone.

circle   Can I use hands free or any other accessories of Mobile Phone while driving?

Ans: No. (As per rule mentioned above.)

circle   After receiving call or SMS on Mobile, can I park my vehicle and use Mobile?

Ans: - Yes. Other than driver, occupants of the motor vehicle can use mobile phone. - No. As per rule mentioned above, mobile phone should be in switched off mode while driving.

circle   What is fine or penalty for using Mobile while driving?

Ans: As per section 177 of Motor Vehicle Act, 1988, a fine of Rs.100/- shall be imposed for using mobile while driving. But, if it causes further inconvenience or is hazardous to the road users, then the driver may be fined for negligent driving, for which fine is Rs.1000/- and compounding fee is Rs.500/-.

circle   If I am a Doctor; Can I use Mobile in an emergency while driving?

Ans: No. Exemption is not given to anyone in the M.V. Act, 1988 or Rules regarding this and all are same in front of law.

circle   What is the rule for tinted glasses?

Ans: The glass of windscreen and rear window of every motor vehicle shall be maintained in such a way that visual transmission of light is not less than 70% and side windows shall be maintained in such a way that visual transmission of light is not less than 50% and shall confirm to Indian Standards.

circle   What is the rule regarding the use of seat belts?

Ans: The driver and the person seated in the front seat must wear the seat belts while the vehicle is in motion ( U/S 138 CMVR r/w 177 MVA). A fine of Rs. 100/- will be imposed in case of violation.

circle   What should I do after depositing the citation case fine at the designated bank?

Ans: After deposit of fine you should go to concerned PS or Traffic Guard with the receipt for further necessary action.

circle   What should I do while selling my car?

Ans: It should be ensured that no traffic law violation case is pending against your vehicle and the ownership of the vehicle is transferred in the name of the person purchasing the vehicle.

circle   What should I do if I intend to buy an old or used car?

Ans: It should be ensured that no traffic law violation case is pending against the vehicle and the ownership of the vehicle should be transferred in your name.

circle   I cross the stop line seeing green signal, but got penalized for violating Red Light. Why?

Ans: Even if signal is green you should not enter the junction unless the tail of the traffic in front of you is moving. Otherwise you will create gridlock and block cross traffic too.

circle   I crossed stop line before the signal turning Red, while it was still yellow, but was fined. Why?

Ans: Yellow signal is provided only for those vehicles which have already crossed stop line to clear the junction. You are not expected to enter the junction when the green light has already changed to yellow.

circle   What is the rule regarding use of helmets while driving a Scooter or Motor Cycle?

Ans: Wearing helmet is compulsory. Violators will be charged U/Sec.177 of M.V.Act-1988 for which fine is Rs.100/-

circle   What comprises a good helmet?

Ans: - Good helmet have fiberglass or thermoplastic outer shells. - EPS (Thermocole) is considered to be the best energy absorbing liner available and must be present in the helmet. - Nylon or Terylene woven tape of tubular instruction is found to be the best for chinstraps. - Steel Anchor plates are a must for securing the chinstraps to the shell. Fastening by double "D" rings; bar-n-buckle or all metal clasps are most secure. - Rivets of copper or brass are best for fixing anchor plates to the shell. - The helmet must fit snugly and not wobble or move, ones fastened on the head. Beadings, paints etc. are frills that are applied to promote the helmet. Look for these features in a helmet before making your choice.

circle   What is the life time of a helmet and how should a helmet be handled?

Ans: - A helmet, since it is constructed from plastics, i.e. thermoplastics: ABS, Polycarbonate, Polypropelene or thermosets i.e. Fibreglass reinforced plastics, are subject to change from exposure to ultra-violet and infrared rays in sunlight. - A helmet should be replaced every two or three years, However, if a helmet has been involved in an impact, it must be changed without question. DON'T TAKE CHANCES. - Don't drop it; Keep it out of reach of children. Don't press the EPS liner inside, don't carry groceries in it. Clean it regularly.

circle   Do helmets cause balding?

Ans: So far, there is nothing to suggest that helmets cause balding.

circle   How should a helmet fit?

Ans: A helmet must fit snugly, rather, slightly tightly than comfortably. After fastening the chin strap, push back on the front of the helmet, if it sides back on your head, select one that grips well and does not wobble and move when worn.

circle   Do we have a safety standard for Motor Cycle helmets?

Ans: Yes, we do. There is an Indian Standard Specification for motorcycle helmets, ISI 4151. There are other ISI standards for industrial and mining helmets too. These helmets are constructed very differently from motorcycle helmets and cannot be depended for protection in a motorcycle accident situation.