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(1) The Accountability Commission shall inquire into allegations of “serious misconduct” against police personnel, as detailed below, either suo motu or on a complaint received from any of the following: (a) a victim or any person on his behalf; (b) the National or the State Human Rights Committee (c) the police; or (e) any other source. Explanation : “Serious misconduct” for the purpose of this chapter shall mean any act or omission of a police officer that leads to or amounts to: (a) death in police custody; (b) grievous hurt, as defined in Section 320 of the Indian Penal Code, 1860; (c) rape or attempt to commit rape; or (d) arrest or detention without due process of law: Provided that the Accountability Commission shall inquire into a complaint of such arrest or detention, only if it is satisfied prima facie about the veracity of the complaint. (2) The Accountability Commission may also inquire into any other case referred to it by the State Government or Director General of Police if, in the opinion of the Commission, the nature of the case merits an independent inquiry. (3) The Accountability Commission may monitor the status of departmental inquiries or departmental action on the complaints of misconduct against gazetted officers of and above the rank of Deputy / Assistant Superintendent of Police through a quarterly report obtained from the Director General of Police, and issue appropriate advice to the police department for expeditious completion of inquiry, if in the Accountability Commission’s opinion the departmental inquiry or departmental action is getting unduly delayed in any such case: Explanation: “Misconduct” in this context shall mean any willful breach or neglect by a police officer of any law, rule, regulation applicable to the police that adversely affect the rights of any member of the public, excluding “serious misconduct” as defined in sub-section (1). (4) The Accountability Commission may also call for a report from, and issue appropriate advice for further action or, if necessary, a direction for a fresh inquiry by another officer, to the Director General of Police when a complainant, being dissatisfied by the outcome of, or inordinate delay in the process of departmental inquiry into his complaint of “misconduct” as defined above, by any police officer, brings such matter to the notice of the Accountability Commission; and (5) The Accountability Commission may lay down general guidelines for the state police to prevent misconduct on the part of the police personnel.
(1) The Accountability Commission shall inquire into allegations of “serious misconduct” against police personnel, as detailed below, either suo motu or on a complaint received from any of the following: (a) a victim or any person on his behalf; (b) the National or the State Human Rights Committee (c) the police; or (e) any other source. Explanation : “Serious misconduct” for the purpose of this chapter shall mean any act or omission of a police officer that leads to or amounts to: (a) death in police custody; (b) grievous hurt, as defined in Section 320 of the Indian Penal Code, 1860; (c) rape or attempt to commit rape; or (d) arrest or detention without due process of law: Provided that the Accountability Commission shall inquire into a complaint of such arrest or detention, only if it is satisfied prima facie about the veracity of the complaint. (2) The Accountability Commission may also inquire into any other case referred to it by the State Government or Director General of Police if, in the opinion of the Commission, the nature of the case merits an independent inquiry. (3) The Accountability Commission may monitor the status of departmental inquiries or departmental action on the complaints of misconduct against gazetted officers of and above the rank of Deputy / Assistant Superintendent of Police through a quarterly report obtained from the Director General of Police, and issue appropriate advice to the police department for expeditious completion of inquiry, if in the Accountability Commission’s opinion the departmental inquiry or departmental action is getting unduly delayed in any such case: Explanation: “Misconduct” in this context shall mean any willful breach or neglect by a police officer of any law, rule, regulation applicable to the police that adversely affect the rights of any member of the public, excluding “serious misconduct” as defined in sub-section (1). (4) The Accountability Commission may also call for a report from, and issue appropriate advice for further action or, if necessary, a direction for a fresh inquiry by another officer, to the Director General of Police when a complainant, being dissatisfied by the outcome of, or inordinate delay in the process of departmental inquiry into his complaint of “misconduct” as defined above, by any police officer, brings such matter to the notice of the Accountability Commission; and (5) The Accountability Commission may lay down general guidelines for the state police to prevent misconduct on the part of the police personnel.<br>