Police Laws: Police Conduct and Duties with regards to the Police Order 2002 and the Provincial Motor Vehicles Ordinance 1965
Delegated legislation plays an important role in governing a city. Certain institutions, such as the police in this instance, give great regard to delegated legislation through which personnel maintain a series of checks and balances while performing their duties around the city. Many a times in cities across Pakistan, we come across police check posts, police officers instructing certain vehicles to stop and ask questions and even conduct searches and most of the time, citizens are not aware of how to react and whether these actions by the police are lawful. Sometimes, police officers fail to follow the code of conduct laid down in the Police Order, 2002 [1] or follow the rules stated in the Provincial Motor Vehicles Ordinance, 1965 [2] as a result of which such an inquiry then turns into a heated debate. Police Officers are often looked down upon as those who only try to exploit citizens for personal gain and consequently are disrespected and sometimes even subject to physical harm. Due to this widespread disregard for police officers, when there is in fact a legitimate reason to stop and search individuals and/or vehicles, citizens do not cooperate.
In order to understand the attitude and conduct of police officers, penalties for misconduct, their role as police officers and the circumstances in which a search can be conducted, we will first look at the Police Order of 2002. We will then look at the Provincial Motor and Vehicles Ordinance of 1965 and understand the rules regarding licensing of drivers of motor vehicles, licensing of motor vehicles and the penalties in case of a violation.
Chapter II of the Police Order, 2002 talks about the Responsibilities and Duties of the Police towards the public. Section 3 states that “It shall be the duty of every police officer to– (a) behave with the members of the public with due decorum and courtesy; (b) promote amity; (c) guide and assist members of the public particularly the poor, disabled or physically weak and children who are either lost or find themselves helpless on the streets or other public places; and (d) aid individuals who are in danger of physical harm particularly women and children.” Section 4 further states that “Subject to law, it shall be the duty of every police officer to–(a) protect life, property and liberty of citizens; (b) preserve and promote public peace; (c) ensure that the rights and privileges, under the law, of a person taken in custody, are protected; (d) prevent the commission of offences and public nuisance; (e) collect and communicate intelligence affecting public peace and crime in general; (f) keep order and prevent obstruction on public roads and in the public streets and thoroughfares at fairs and all other places of public resort and in the neighbourhood of and at the places of public worship; (g) regulate and control traffic on public roads and streets; (h) take charge of all unclaimed property and to prepare its inventory; (i) detect and bring offenders to justice; (j) apprehend all persons whom he is legally authorised to apprehend and for whose apprehension, sufficient grounds exist; (k) ensure that the information about the arrest of a person is promptly communicated to a person of his choice; (l) enter and inspect without a warrant on reliable information any public place, shop or gaming-house where alcoholic drinks or narcotics are sold or weapons are illegally stored and other public places of resort of loose and disorderly characters; (m) obey and promptly execute all lawful orders; (n) perform other duties and exercise powers as are conferred by this Order, the Code or any other law for the time being in force; (o) aid and co-operate with other agencies for the prevention of destruction of public property by violence, fire, or natural calamities; (p) assist in preventing members of public from exploitation by any person or organized groups; (q) take charge of lunatics at large to prevent them from causing harm to themselves or other members of the public and their property; and (r) prevent harassment of women and children in public places. (2) Police officer shall make every effort to– (a) afford relief to people in distress situations, particularly in respect of women and children; (b) provide assistance to victims of road accidents; (c) assist accident victims or their heirs or their dependants, where applicable, with such information and documents as would facilitate their compensation claims; and (d) cause awareness among the victims of road accidents of their rights and privileges. (3) It shall be the duty of a police officer to lay information before a competent court and to apply for a summons, warrant, search warrant or such other legal process as may, by law, be issued against any person suspected of committing an offence.
The aforementioned sections make it abundantly clear as to how a police officer should conduct himself with the public and from a bare reading of these sections, it also shows that the spectrum is extremely broad and that the role of a police officer is not menial but rather includes discipline, honor and integrity.
Chapter XII of the Police Order, 2002 talks about the Regulation, Control and Discipline of Police Officers. More specifically, Section 114 talks about the type of police practices which are to be regulated and managed and any violation of those will result in punishment under Section 113. Section 114 states that “Provincial Police Officer and Capital City Police Officer shall issue Code of Conduct to regulate police practices in respect of–(a) the exercise by police officers of statutory powers of stop and search; (b) the searching of premises by police officers and the seizure of property found by police officers on persons or premises; (c) the detention, treatment and questioning of persons by police officers; and (d) the identification of persons by police officers. (2) Subject to rules, a police officer contravening the Code of Conduct may be awarded one or more punishments provided under Article 113.
113. Punishments.– Subject to the rules, a member of the police may at any time be suspended, dismissed, compulsorily retired, reduced in rank or pay, within a time scale, fined, censured or awarded any other punishment in the prescribed manner.
In order to understand how police officers may be punished for misconduct, it is important to read the above mentioned chapter alongside Chapter XVII of the Police Order, 2002 in which Sections 155 to 157 talk about the Offences By and Punishments of Police Officers in case of misconduct or any action which is unauthorized or a breach of their standard rules and procedures:
155. Penalty for certain types of misconduct by police officers.– (1) Any police officer who–(a) makes for obtaining release from service as police officer, a false statement or a statement which is misleading in material particulars or uses a false document for the purpose; (b) is guilty of cowardice, or being a police officer of junior rank, resigns his office or withdraws himself from duties without permission; (c) is guilty of any wilful breach or neglect of any provision of law or of any rule or regulation or any order which he is bound to observe or obey;(d) is guilty of any violation of duty; (e) is found in a state of intoxication, while on duty;(f) malingers or feigns or voluntarily causes hurt to himself with the intention to render himself unfit for duty; (g) is grossly insubordinate to his superior officer or uses criminal force against a superior officer; or (h) engages himself or participates in any demonstration, procession or strike or resorts to or in any way abets any form of strike or coercion or physical duress to force any authority to concede anything, shall, on conviction, for every such offence be punished with imprisonment for a term which may extend to three years and with fine. (2) Prosecution under this Article shall require a report on writing by an officer authorized in this behalf under the rules.
156. Penalty for vexatious entry, search, arrest, seizure of property, torture, etc.– Whoever, being a police officer– (a) without lawful authority, or reasonable cause, enters or searches or causes to be entered or searched any building, vessel, tent or place; (b) vexatiously and unnecessarily seizes the property of any person; (c) vexatiously and unnecessarily detains, searches or arrests any person; or (d) inflicts torture or violence to any person in his custody; shall, for every such offence, on conviction, be punished with imprisonment for a term, which may extend to five years and with fine.
157. Penalty for unnecessary delay in producing arrested persons in courts.– Any police officer who vexatiously and unnecessarily delays the forwarding to a court or to any other authority to whom he is legally bound to forward any arrested person, shall, on conviction, be punished with imprisonment for a term which may extend to one year and with fine.
The aforementioned sections make it very clear as to the manner in which police officers should conduct themselves with the public. Needless to say, the unfortunate circumstances in which police officers have to work, while being underpaid renders these rules almost redundant. It is often said that officers tend to disregard procedure for personal gain or that their misconduct goes unreported to those responsible but in my opinion it has nothing to do with these rules and rather has everything to do with the way things have been the past few years. My focus and understanding of the police is centric to the province of Sindh only and it is very much possible that these rules are followed to the letter, in other provinces. In that case, the Police Order, 2002 serves to be a well drafted piece of legislation that covers almost all aspects of police regulation.
Section 125 in Chapter XIII of Police Order, 2002 is also an important aspect which talks about the Power of Police Officers to Search Suspected Persons or Vehicles on a street. Many a times people tend to refuse such a search, stating that it is unauthorized and unlawful.
125. Power to search suspected persons or vehicles in street, etc.– When in a street or a place of public resort a police officer on reasonable grounds suspects a person or a vehicle to be carrying any article unlawfully obtained or possessed or likely to be used in the commission of an offence, he may search such person or vehicle; and if the account given by such person or possessor of the vehicle appears to be false or suspicious, he may detain such article after recording in writing the grounds of such action and issue a receipt in the prescribed form and report the facts to the officer in-charge of the police station for informing the court for proceeding according to law against the person.
The threshold for such a search is based on reasonable grounds established by a police officer and if there is such cause, police officers may conduct a search. However, the rules are much more elaborate in the Provincial Motor Vehicles Ordinance of 1965.
The Provincial Motor Vehicles Ordinance of 1965
The Provincial Motor Vehicles Ordinance of 1965 (“Ordinance”) explains in great detail about licensing procedures, registration procedures and several other important aspects related to the law on motor vehicles. It covers an array of issues such as how and where a vehicle registration is to be made and cancellation or suspension of vehicle registration. Citizens, in addition to not knowing of these laws, often face issues while being questioned by police with regards to temporary registration, driving without a license and/or driving with an expired license and many a times, object to a fine or being questioned, thinking that police officers are exceeding their authority just to harass them when in fact they are simply doing their job.
In addition to a non-exhaustive list of provisions, we will look at some important provisions under the Ordinance, such as licensing of drivers of motor vehicles, registration of motor vehicles and penalties for any offence or violation and understand their parameters and application.
Section 3 and 4 of Chapter II of the Ordinance talk about driving without a driver’s license and the age required to be able to drive a motor vehicle. Many a times we come across citizens who have an expired driving license and upon inquiry by a police officer, their response is usually that having a license supersedes its expiry period or that they were too busy to renew their license. In addition, there are also instances in which drivers are below the applicable age limit to drive a motor vehicle and often skirt the rules or avoid being caught. The sections are as follows:
“3. Prohibition on driving without licence.– No person shall drive a motor vehicle in any public place unless he holds an effective licence authorising him to drive the vehicle; and no person shall so drive a motor vehicle as paid employee or shall so drive a public service vehicle unless his licence specifically entitles him so to do: Provided that a person receiving instructions in driving a motor vehicle may, subject to such conditions as may be prescribed by Government in this behalf, drive a motor vehicle in any public place. No person shall drive a motor vehicle in any public place unless he has in his possession his own copy of the most recent version of the Pakistan Highway Code published by the Federal Government.
4. Age limit in connection with driving of motor vehicles.– (1) No person shall drive in any public place–(i) a motor cycle or an invalid carriage, unless he has attained the age of eighteen years; (ii) a motor car, otherwise than as a paid employee, unless he has attained the age of eighteen years; (iii) a motor car as a paid employee or a transport vehicle, unless he has attained the age of twenty-one years;(iv) a heavy transport vehicle, unless he has attained the age of twenty-two years. (2) (a) No person about the age of fifty years shall drive a transport vehicle in any public place unless the licence entitling him so to do bears an effective endorsement by the licensing authority that such person has furnished a certificate in Form B as set forth in the First Schedule signed by a registered medical practitioner.
It is important to read the aforementioned sections along with Section 97 of Chapter VIII of the Ordinance which reads as follows:
“97. Offences relating to licences.– Whoever, being disqualified under this Ordinance for holding or obtaining a licence, drives a motor vehicle in a public place or applies for or obtains a licence or, not being entitled to have a licence issued to him free of endorsement, applies for or obtains a licence without disclosing the endorsements made on a licence previously held by him, or being disqualified under this Ordinance for holding or obtaining a licence, uses a licence such as is referred to in sub-section (2) of section 10, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both, and any licence so obtained by him shall be of no effect; and if the vehicle so driven is a transport vehicle or, the licence so applied for, obtained or used is a licence to drive a transport vehicle, shall be punished with imprisonment which may extend to two years and with fine which may extend to rupees one thousand, and any licence so obtained by him shall be of no effect.”
Section 3 read with section 97 makes it patently clear that, the penalty for driving a motor vehicle without a driver’s license involves imprisonment which may extend to a period of 6 months and a fine of PKR 500 whereas for a transport vehicle it may extend to a period of 2 years and a fine of PKR 1000 in addition to which the license will also stand cancelled. In addition, in order to be eligible for a license, an individual has to attain the age of 18 and the age of 22 for a transport vehicle. It is also pertinent to mention that an individual who has attained the age of 50 is not permitted to drive a transport vehicle unless he has submitted Form B under Schedule I, certified by a medical practitioner that he has no medical disability or any medical condition which impairs his ability to drive a transport vehicle at that age.
Furthermore, Section 23 of Chapter III of the Ordinance states clearly that “a person shall not drive a motor vehicle and the owner shall not cause a vehicle to be driven unless the vehicle is registered under this Chapter and the licence number plates are displayed on the motor vehicle in the prescribed manner and if the licence number plates have not been issued, the registration mark is displayed on the motor vehicle in the prescribed manner”
In order to understand the contextual basis of this section, Section 26 should also be considered which states that “Notwithstanding anything contained in section 24, the owner of a motor vehicle may apply in the prescribed manner to any registering authority to have the vehicle temporarily registered and thereupon such registering authority shall issue to the owner of the vehicle a temporary certificate of registration and assign to the vehicle a temporary mark of registration” and that “registration made under this section shall be valid only for a period of one month, and shall not be renewable.” Many a times we come across several vehicle registration number plates titled as AFR-2015 which is an indication that the individual or owner has “Applied For Registration” but often that registration continues for several months, which in its essence is a violation under the Ordinance.
Moreover, several sections under Chapter VIII of the Ordinance explain the penalties which may be imposed in case of any violation of the rules stated therein. For example, Section 98 says that “A person who drives a motor vehicle in contravention of section 75 shall be punished with fine which shall not be less than two hundred rupees and which may extend to five hundred rupees, and in case of a transport vehicle, with a fine which shall not be less than five hundred rupees and which may extend to one thousand rupees.” Section 75 mentioned above states that “No person shall drive a motor vehicle or cause or allow a motor vehicle to be driven in any public place at a speed exceeding the maximum speed fixed for the vehicle by or under this Ordinance or by or under any other law for the time being in force: Provided that such maximum speed shall in no case exceed the maximum fixed for the vehicle in the Eighth Schedule.”
Similarly, Section 99 states that “Whoever drives a motor vehicle at a speed or in a manner which is dangerous to human life or property having regard to all the circumstances of the case, including the nature, condition and use of the place where the vehicle is driven and the amount of traffic which actually is at the time or which might reasonably be expected to be in the place, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five hundred rupees, and if the vehicle be a transport vehicle, with imprisonment which may extend to one year and with a fine which may extend to one thousand rupees.”
There have been several instances at which police officers have stopped citizens and detained their vehicles or have carried out a search of their vehicle. Citizens often object to such a search or detention stating that it is unauthorized or unlawful but at the very outset if we are to claim anything to be unlawful, we must have a basic understanding of what the law really is in this regard.
Section 113 states that “A police officer in uniform or a person authorized by the Government may arrest without warrant any person who commits in his view an offence punishable under section 99 or section 100 or section 110: Provided that any person so arrested in connection with an offence punishable under section 100 shall be subjected to a medical examination by a registered medical practitioner within two hours of his arrest, and if not so subjected within the said period of two hours shall be released from custody. A police officer in uniform or a person authorized by the Government may arrest without warrant– (a) any person who being required under the provisions of this Ordinance to give his name and address refuses to do so or gives a name and address which the police officer or a person authorized by the Government has reason to believe to be false, or (b) any person concerned in an offence under this Ordinance or reasonably suspected to have been so concerned, if the police officer or a person authorized by the Government has reason to believe that he will abscond or otherwise avoid the service of a summons. (3) A police officer or a person authorized by the Government arresting without warrant the driver of a motor vehicle shall, if the circumstances so required, take or cause to be taken any steps he may consider proper for the temporary disposal and safe custody of the vehicle.”
Section 114 further states that “Any police officer authorised in this behalf or other person authorized in this behalf by Government may, if he has reason to believe that any identification mark carried on a motor vehicle or any licence, permit, certificate of registration, certificate of insurance or other document produced before him by the driver or person in charge of a motor vehicle is a false document within the meaning of section 464 of the Pakistan Penal Code, seize the mark or document and call upon the driver or owner of the vehicle to account for his possession of or the presence in the vehicle of such mark or document.”
Most of these sections in the Ordinance and the Police Order, 2002 are self-explanatory, however, it is important that citizens are made aware of the conduct of police officers and the rules and regulations prescribed for the registration of motor vehicles and issuance of a driver’s license. We should ensure that we follow these rules and fulfill all the necessary prerequisites before we drive or purchase a car.
[1] http://punjablaws.gov.pk/laws/2185a.html
[2] http://punjablaws.gov.pk/laws/189.html