Police Act 1861

1.Interpretation clause.—(1) The following words and expressions in this Act shall have the meaning assigned to them, unless there be something in the subject or context repugnant to such construction, that is to say

the words “Magistrate of the district“ shall mean the chief officer charged with the executive administration of a district and exercising the powers of a Magistrate, by whatever designation the chief officer charged with such executive administration is styled;

the word “Magistrate“ shall include all persons within the general police-district, exercising all or any of the powers of a Magistrate;

the word “police“ shall include all persons who shall be enrolled under this Act;

the words “general police-district“ shall embrace and presidency. State or place, or any presidency, State of place, in which this Act shall be ordered to take effect;

the words “District Superintendant“ and “District Superintendent of Police“ shall include any Assistant District Superintendent or other person appointed by general or special order of the State Government to perform all or any of the duties of a District Superintendent of Police under this Act in any district;

the words “property“ shall include any moveable property, money, or valuable security;

the word “person“ shall include a company or corporation;

the word “month“ shall mean a calendar month;

the word “cattle“ shall, besides horned cattle, include elephants, camels, horses, asses, mules, sheep, goats and swine.

References to the subordinate ranks of a police-force shall be construed as references to members of that force below the rank of Deputy Superintendent.

STATE AMENDMENTS

Pondicherry

Section 1 shall be renumbered as sub-section (1) thereof and the following sub-section (2), shall be added, namely:

(2) Unless the context otherwise requires,—

(a)  “Public place“ means a road, street or way, whether a thoroughfare or not, and landing place to which the public are granted access or have a right to resort, or over which they have a right to pass;

(b)  “State Government“ means the Central Government and includes the Administrator of the Union territory of Pondicherry appointed by the President under Article 239 of the Constitution.”                                                [Pondicherry Act VI of 1966]

Tamil Nadu

In Section 1, after the definition of the word “cattle” the following shall be inserted, namely:—

“the words “public place” shall mean a place (including a road, street or way whether a thoroughfare or not, and a landing place) to which the public are granted access or have a right to resort or over which they have a right to pass.”

[T.N. Act 22 of 1955]

Uttar Pradesh

In Section 1, for the existing fifth clause defining the words “District Superintendent”, the following clause shall be substituted, namely:—

“the words “District Superintendent” and “District Superintendent of Police” shall include an Additional District Superintendent or Joint District Superintendent of Assistant District Superintendent or other person appointed by general or special order of the State Government to perform all or any of the duties of a District Superintendent of Police under this Act in any district.”

[U.P. Act 10 of 1984].

2. Constitution of the force.—The entire police-establishment under a State Government shall, for the purposes of this Act, be deemed to be one police-force, and shall be formally enrolled; and shall consist of such number of officers and men, and shall be constituted in such manner, as shall from time to time be ordered by the State Government.

Subject to the provisions of this Act the pay and all other conditions of service of members of the subordinate ranks of any police-force shall be such as may be determined by the State Government.

STATE AMENDMENT

West Bengal

After Section 2, the following Section 2-A shall be inserted:

“2-A. Power of State Government to make rules.—Subject to the provisions of this Act, the State Government may make rules relating to recruitment, conditions of service, disciplinary proceedings and punishments in respect of members of the subordinate ranks of the Public force.

(2) Any rules, orders or regulations made before the commencement of the Police (West Bengal Amendment) Act, 1963, by any authority in respect of the aforesaid matters, shall, in so far as they are inconsistent with the provisions of this Act, be deemed to have been validily made and shall continue in force until other provisions are made in this behalf.”

[W.B. Act 38 of 1963]

3. Superintendence in the State Government.—The superintendence of the police throughout a general police-district shall vest in and shall be exercised by the State Government to which such district is subordinate; and except as authorised under the provisions of this Act, no person, officer, or Court shall be empowered by the State Government to supersede or control any police functionary.
4. Inspector-General of Police, etc.—The administration of the police throughout a general police-district shall be vested in an officer to be styled the Inspector-General of Police, and in such Deputy Inspector-General and Assistant Inspectors-General as the State Government shall deem fit.

The administration of the police throughout the local jurisdiction of the Magistrate of the district shall, under the general control and direction of such Magistrate, be vested in a District Superintendent and such Assistant District Superintendents as the State Government shall consider necessary.

STATE AMENDMENTS

Uttar Pradesh

In the principal Act, in Section 4,—

(i)  for the words “Inspector-General of Police and in such”, the words “Director General-cum-Inspector General of Police and in such Inspectors-General” shall be substituted;

(ii)  for the words “Assistant District Superintendents” the words “Assistant District Superintendents, Joint District Superintendents and Assistant District Superintendents” shall be substituted.                                                  [U.P. Act 10 of 1984]

West Bengal

After Section 4, Section 4-A shall be inserted as below:

4-A. Special and Additional Inspector General of Police.—(1) If any time, the State Government considers it necessary so to do it may appoint one or more officers to be Special Inspector-General of Police and also appoint one or more officers to be Additional Inspector-General of Police, and each of the officers so appointed shall be subordiante to the Inspector General of Police.

(2) The Special or, as the case may be, Additional Inspector-General of Police shall be competent to exercise all or any of the powers conferred on, and perform all or any of the functions or duties imposed upon, the Inspector-General of Police by or under this Act or any other law for the time being in force.

[W.B. Act 5 of 1973].

5. Powers of Inspector-General, Exercise of Powers.—The Inspector-General of Police shall have the full powers of a Magistrate throughout the general police-district; but shall exercise those powers subject to such limitation as may from time to time be imposed by the State Government.

STATE AMENDMENTS

Maharashtra and Gujarat

Section 5 deleted.

[Bom. Act XXI of 1954 and Act XI of Section 1960].

Uttar Pradesh

In the principal Act in Section 5, for the words, “Inspector General of Police” the words “Director General-Cum-Inspector-General of Police” shall be substituted.

[U.P. Act 10 of 1984].

6. [Magisterial powers of police officers]. Rep. by the Code of Criminal Procedure, 1882 (Act 10 of 1882).
7. Appointment, dismissal, etc. of inferior officers.—Subject to the provisions of Article 311 of the Constitution, and to such rules as the State Government may from time to time make under this Act, the Inspector-General, Deputy Inspectors-General, Assistant Inspectors-General and District Superintendents of Police may at any time dismiss, suspend or reduce any police-officer of the subordinate ranks whom they shall think remiss or negligent in the discharge of his duty, or unfit for the same:

or may award any one more of the following punishments to any police-officer of the subordinate rank who shall discharge his duty in a careless or negligent manner, or who by any act of his own shall render himself unfit for the discharge thereof namely:—

(a) fine to any amount not exceeding one month’s pay;

(b) confinement to quarters for a term not exceeding fifteen days, with or without punishment-drill, extra guard, fatigue or other duty;

(c) deprivation of good-conduct pay;

(d) removal from any officer of distinction or special emolument.

STATE AMENDMENTS

Punjab, Haryana and Chandigarh

In Section 7,—

(a)  after the words “dismiss suspend or reduce” the words “either in rank or within a time-scale” shall be inserted; and

(b)  after the existing clause (d), the following clause shall be added, namely;

(e) stoppage of increments”.                              [Punjab Act XXX of 1948].

Uttar Pradesh:

(i)  In its application to the whole of U.P., except the Jaunsar Bawar Pargana of the Dehra Dun district and the portion of the Mirzapur district of south of Kaimpur Range, in Section 7, add the following as a new clause:

“(e) withholding of increments of promotion including stoppage of an efficiency bar.”

[U.P. Act 2 of 1944].

(ii)  In the principal Act, in Section 7, for the words “Inspector-General” the words “Director-Geneal-cum-Inspector-General, Inspector-General”, shall be substituted.

[U.P. Act 10 of 1984]

West Bengal

For Section 7, substitute the following sections, namely:

“7. Punishment of subordinate ranks of the police force in disciplinary cases.—The appoinging authority, or an officer not lower in rank than the appointing authority, shall be competent to inflict all punishment on the members of the subordiante ranks of the police force in disciplinary cases.

7-A. Validity of appointment, dismissal and punishment of subordinate ranks of the police force in certain cases.—Notwithstanding anything contained elsewhere in this Act or any rule, regulation or order made thereunder, all appointments made by the Inspector-General or any other authority subordinate to him, all orders of dismissal or removal from office passed by any such authority, not being an authority subordinate to the authority by which the respective appointments were made and all orders inflicting any other punishment passed by any other authority before the commencement of the Police (West Bengal Amendment) Act, 1963, in respect of the subordiante ranks of the police force shall be deemed to be and have always been, validily passed.”

[West Bengal Act 38 of 1963]

8. Certificates to police-officers.—Every police-officer appointed to the police-force other than an officer mentioned in Section 4 shall receive on his appointment a certificate in the form annexed to this Act, under the seal of the Inspector-General or such other officer as the Inspector-General shall appoint, by virtue of which the person holding such certificate shall be vested with the powers, functions, and privileges of a police- officer.

Surrender of certificate.— Such certificate shall cease to have effect whenever the person named in it ceases for any reason to be a police- officer, and, on his ceasing to be such an officer, shall be forthwith surrendered by him to any officer empowered to receive the same.

A police-officer shall not by reason of being suspended from office cease to be a police-officer. During the term of such suspension the powers, function and privileges vested in him as a police-officer shall be in abeyance, but he shall continue subject to the same responsibilities, discipline and penalties and to the same authorities as if he had not been suspended.

STATE AMENDMENTS

Orissa

To Section 8, the following proviso shall be added, namely:

“Provided that every police officer appointed to the police force in any merged State prior to the 31st December, 1947 or 1948 and continued in service after that shall, till the 1st March, 1948 or 1949 be deemed to be a police officer for the purpose of this Act, but after the later date, he shall cease to be a police officer unless he is enrolled under this section.”

[Orissa Act IV or 1950]

Pondicherry

After Section 8, Sections 8-A and 8-B shall be inserted, namely:

“8-A. Unlawful assumption of police function, personation, etc.—Any person who—

(a)  unlawfully assumes any functions assigned to, or power conferred on, a police officer, or

(b)  has in his possession, without any lawful excuse, any distinctive article or any dress required to be worn exclusively by a police officer, or

(c)  puts on any dress with the intention of being taken as a police officer, or

(d)  personates a police officer,

shall, in addition to any other punishment to which he may be liable for any offence committed by him under such assumed character, be punishable with imprisonment for a term which may extend to six months or with fine or with both.

8-B. Penalty for offences against police officers.—If any person maliciously or without reasonable and probable cause prefers any false or frivolous charge against any police officer in any Court of law, he shall be punishable with imprisonment for a term which may extend to three months or with fine or with both.”

[Pondicherry Act 6 of 1966]

Uttar Pradesh

In the principal Act, in Section 8, for the words, “Inspector-General” wherever occurring, the words “Director-General-cum-Inspector General” shall be substituted.

[U.P. Act 10 of 1984].

9. Police-officers not to resign without leave or two months’ notice.—No police-officer shall be at liberty to withdraw himself from the duties of his office unless expressly allowed to do so by the District Superintendent or by some other officer authorised to grant such permission, or, without the leave of the District Superintendent, to resign his office unless he shall have given to his superior officer notice in writing, for a period of not less than two months, of his intention to resign.
10. Police-officers not to engage in other employment.—No police officer shall engage in any employment or officer whatever other than his duties under this Act unless expressly permitted to do so in writing by the Inspector-General.

STATE AMENDMENT

Uttar Pradesh

In Section 10, for the words, “Inspector-General” the words “Director-General-cum-Inspector- General” shall be substituted.

[U.P. Act 10 of 1984]

11. [Police superannuation fund] Rep. by the Repealing Act, 1874 (16 of 1874)
12. Power of Inspector-General to make rules.—The Inspector-General of Police may, from time to time, subject to the approval of the State Government, frame such orders and rules as he shall deem expedient relative to the organisation, classification and distribution of the police-force, the places at which the members of the force shall reside, and the particular services to performed by them; their inspection, the description of arms, account rements and other necessaries to be furnished to them; the collecting and communicating by them of intelligence and information, and all such other orders and rules relative to the police-force as the Inspector-General shall, from time to time, deem expedient for preventing abuse or neglect of duty, and for rendering such force efficient in the discharge of its duties.

STATE AMENDMENT

Uttar Pradesh:

In Section 12, for the words, “Inspector-General” wherever occurring, the words “Director-General-cum-Inspector-General” shall be substituted.

[U.P. Act 10 of 1984].

13. Additional police officers employed at cost of individuals.—It shall be lawful for the Inspector-General of Police, or any Deputy Inspector-General, or Assistant Inspector-General, or for the District Superintendent, subject to the general direction of the Magistrate of the district, on the application of any person showing the necessity thereof, to depute any additional number of police officers to keep the peace at any place within the general police district and for such time as shall be deemed proper. Such force shall be exclusively under the orders of the District Superintendent, and shall be at the charge of the person making the application:

Provided that it shall be lawful for the person on whose application such deputation shall have been made, on giving one month’s notice in writing to the Inspector General, Deputy Inspector-General, or Assistant Inspector-General, or to the District Superintendent to require that the police officers so deputed shall be withdrawn; and such person shall be relieved from the charge of such additional force from the expiration of such notice.

STATE AMENDMENT

Uttar Pradesh

In Section 13, for the words, “Inspector-General” wherever occurring, the words “Director-General-cum Inspector-General or Inspector-General” shall be substituted.

[U.P. Act 10 of 1984]

14. Appointment of additional force in the neighbourhood of railway and other works.—Whenever any railway, canal or other public work, or any manufactory or commercial concern, shall be carried on, or be in operation in any part of the country and it shall appear to the Inspector-General that the employment of an additional police force in such place is rendered necessary by the behaviour or reasonable apprehension of the behaviour of the persons employed upon such work, manufactory or concern, it shall be lawful for the Inspector-General, with the consent of the State Government, to depute such additional force to such place, and to employ the same so long as such necessity shall continue, and to make orders, from time to time, upon the person having the control or custody of the funds used in carrying on such work, manufactory or concern, for the payment of the extra force so rendered necessary, and such person shall thereupon cause payment to be made accordingly.

STATE AMENDMENT

Uttar Pradesh

In Section 14, for the words, “Inspector-General” wherever occurring, the words “Director-General-cum-Inspector-General” shall be substituted.

[U.P. Act 10 of 1984]

15. Quartering of additional police in disturbed or dangerous district.—(1) It shall be lawful for the State Government, by proclamation to be notified in the Official Gazette, and in such other manner as the State Government shall direct, to declare that any area subject to its authority has been found to be in a disturbed or dangerous state, or that, from the conduct of the inhabitants of such area or of any class or section of them, it is expedient to increase the number of police.

(2) It shall thereupon be lawful for the Inspector-General of Police or other officer authorised by the State Government in this behalf, with the sanction of the State Government, to employ and police force in addition to the ordinary fixed complement to be quartered in the area specified in such proclamation as aforesaid.

(3) Subject to the provisions of sub-section (5) of this section, the cost of such additional police force shall be borne by the inhabitants of such area described in the proclamation.

(4) The Magistrate of the district, after such enquiry as he may deem necessary, shall apportion such cost among the inhabitants who are as aforesaid liable to bear the same and who shall not have been exempted under the next succeeding sub-section. Such apportionment shall be made according to the Magistrate’s judgment of the respective means within such area of such inhabitants.

(5) It shall be lawful for the State Government, by order, to exempt any persons or class or section of such inhabitants from liability to bear any portion of such cost.

(6) Every proclamation issued under sub-section (1) of this section shall state the period for which it is to remain in force, but it may be withdrawn at any time or continued from time to time for a further period or periods as the State Government may in each case think  fit to direct.

Explanation.—For the purposes of this section, “inhabitants” shall include persons who themselves or by their agent or servants occupy or hold land or other immoveable property within such area, and landlords who themselves or by their agents or servants collect rents direct from raiyats or occupiers in such area, notwithstanding that they do not actually reside therein.

STATE AMENDMENT

Uttar Pradesh

In Section 15, in sub-section (2) for the words, “Inspector-General”, the words “Director-General-cum-Inspector-General” shall be substituted.

[U.P. Act 10 of 1984]

15-A. Awarding compensation to sufferers from misconduct of inhabitants or persons interested in land.— (1) If, in any area in regard to which any proclamation notified under  the last preceding section is in force, death or grievous hurt or loss of, or damage to, property has been caused by or has ensued from the misconduct of the inhabitants of such area of any class or section of them it shall be lawful for any person, being an inhabitant of such area, who claims to have suffered injury from such misconduct to make, within one month from the date of the injury or such shorter period as may be prescribed, an application for compensation to the Magistrate of the District or of the sub-division of a district within which such area is situated.

(2) It shall thereupon be lawful for the Magistrate of the district, with the sanction of the State Government after such enquiry as he may deem necessary, and whether any additional police force has or has not been quartered in such area under the last preceding section, to—

(a) declare the persons to whom injury has been caused by or has ensued from such misconduct;

(b) fix the amount of compensation to be paid to such persons and the manner in which it is  to be distributed among them; and

(c) assess the proportion in which the same shall be paid by the inhabitants of such area other than the applicant who shall not have been exempted from liability to pay under the next succeeding sub-section:

Provided that the Magistrate shall not make any declaration or assessment under this sub-section unless he is of opinion that such injury as aforesaid had arisen from a riot or unlawful assembly within such area, and that the person who suffered the injury was himself free from blame in respect of the occurrences which led to such injury.

(3) It shall be lawful for the State Government, by order, to exempt any persons or class or section of such inhabitants from liability to pay any portion of such compensation.

(4) Every declaration or assessment made or order passed by the Magistrate of the district under sub-section (2) shall be subject to revision by the Commissioner of the Division or the State Government, but save as aforesaid shall be final.

(5) No civil suit shall be maintainable in respect of any injury for which compensation has been awarded under this section.

(6) Explanation.—In this section the word “inhabitants” shall have the same meaning as in the last preceding section.

STATE AMENDMENTS

Andhra Pradesh (Andhra Area)

In Section 15-A:

(i)  In sub-section (1), the words “in regard to which any proclamation notified under the last proceeding section is in force” and the words “being an inhabitant of such area” shall be omitted.

(ii)  in sub-section (2), clauses (a), (b) and (c) shall be re-lettered as clauses (b), (c) and (d), respectively and the following shall be inserted as clause (a), namely:

“(a) declare the limits of the local area, the inhabitants of which have, in his opinion, been guilty of such misconduct or caused or contributed to the same”.

[A.P. Act XIII of 1948]

Orissa

For Section 15-A, the following section shall be substituted:

   “15-A. Awarding compensation to suffer from misconduct of inhabitants of any area.—(1) If, in any area, death or grievous hurt or loss of, or damage to, property (including public property) has been caused by or has ensued from the misconduct of the inhabitants of such area or any class or section of them or from the failure on their part to render assistance in preventing such loss or damage, it shall be lawful for any person, who claims to have suffered injury, loss or damage from such misconduct or failure, to make, within one month from the date of the injury, loss or damage, as the case may be, an application for compensation to the Magistrate of the district within which such area is situated.

(2) It shall thereupn be lawful for the Magistrate of the District, with the sanction of the State Government, after such enquiry as he may deem necessary, and whether any additional police-force has or has not been quartered in such area under the last preceding section, to—

(a)  declare the limits of the area the inhabitants of which have, in his opinion, been guilty of such misconduct or failure;

(b)  declare the persons to whom injury, loss or damage has been caused by or has ensued from such misconduct or failure;

(c)  fix the amount of compensation to be paid to such person and where there are more than one such person, the manner in which it is to be distributed among them; and

(d)  assess the proportion in which the same shall be paid by the inhabitants (other than the applicant) of such area who shall not have been exempted from under the sub-section (3) from the liability to pay:

Provided that where the applicant is a private individual, the Magistrate shall not make any declaration unless he is of opinion that such injury, loss or damage as aforesaid has arisen from a riot or unlawful assembly within such area, and the applicant was himself free from blame in respect of the occurrence which led to the injury, loss or damage.

(3) It shall be lawful for the State Government, by order, to exempt any person or class or section of such inhabitants from the liability to pay any portion of such compensation.

(4) Every declaration or assessment made or order passed by the Magistrate of the district under sub-section (2) shall be subject to revision by the Revenue Divisional Commissioner or the State Government, but save as aforesaid, shall be final.

(5) No civil suit shall be maintainable in respect of any injury, loss or damage for which compensation has been awarded under this section.

Explanation I.—In this section—

(a)  “inhabitants“ shall have the same meaning as in Section 15;

(b)  “person“ shall include the Central Government, the Government of any State, any Local Authority any Company, any Corporation and any Association or body of individuals, whether incorporated or not;

(c)  “public properlt“ shall have the reference to any property owned by or belonging to—

(i) the Central Government or the Government of any State;

(ii) any local authority;

(iii) any Corporation established under any law which is owned, controlled or managed, partly or wholly, by the Central Government or any State Government;

(iv) any company in which not less than fifty-one per cent of the share capital is held by the Central Government or any State Government or jointly by more than one such Government; and

(v) any autonomous body established under any law.

Explanation II.—An application under sub-section (1) may be made—

(a)  in case of the Government, by such officer as the Government may authorise in that behalf, and

(b)  in the case of any local authority, Corporation, Association or body, by the person who is in charge of the property,                                                                                              [Orissa Act 5 of 1976]

Tamil Nadu

(i)  In Section 15-A, sub-section (1), omit the words “in regard to which any proclamation notified under the last proceeding section is in force” and the words “being an inhabitant of such area”.

(ii)  in sub-section (2) clauses (a), (b) and (c) shall be re- lettered as clauses (b), (c) and (d) respectively, and the following shall be inserted as clause (a) namely:

“(a) declare the limits of the local area, the inhabitants of which have in his opinion been guilty of such misconduct or caused or contributed to the same.”

[T.N. Act III of 1984]

Uttar Pradesh

In Section 15-A—

(a)  in sub-section (1), for the words “one month”  the words “three months” shall be substituted;

(b)  in sub-section (1), of Section 15-A, for the words “one months” the words “three months” shall be substituted;

(c)  to sub-section (1) of Section 15-A, the following proviso shall be added, namely:

“Provided that the period of limitation for such application for compensation in respect of death or grievous hurt or loss of, or damage to, property caused before the first day of April, 1939, shall be four months.”

[U.P. Act 11 of 1939]

16. Recovery of moneys payable under Sections 13, 14, 15 and 15-A disposal of same when recovered.—(1) All moneys payable under Sections 13, 14, 15 and 15-A shall be recoverable by the Magistrate of the district in the manner provided by Sections 386 and 387 of the Code of Criminal Procedure, 1822 (10 of 1882) for the recovery of fines, or by suit in any competent Court.

(2) (Omitted)

(3) All moneys paid or recovered under Section 15-A shall be paid by the Magistrate of the district to the persons to whom and in the proportions in which the same are payable under that section.

17. Special police officers.—When it shall appear that any unlawful assembly, or riot or disturbance of the peace has taken place, or may be reasonably apprehended, and that the police force ordinarily employed for preserving the peace is not sufficient for its preservation and for the protection of the inhabitants and the security of property in the place where such unlawful assembly or riot or disturbance of the peace has occurred, or is apprehended, it shall be lawful for any police officer not below the rank of Inspector to apply to the nearest Magistrate to appoint so many of the residents of the neighbourhood as such police officer may require to act as special police officers for such time and within such limits as he shall deem necessary, and the Magistrate to whom such application is made shall, unless he sees cause to the contrary, comply wih the application.
18. Powers of special police officers.—Every special police-officers so appointed shall have same powers, privileges and protection, and shall be liable to perform the same duties and shall be amenable to the same penalties, and be subordinate to the same authorities, as the ordinary officers of police.
19. Refusal to serve as special police-officer.—If any person being appointed a special police-officer as aforesaid shall without sufficient excuse, neglect or refuse to serve as such, or to obey such lawful order or direction as may be given to him for the performance of his duties he shall be liable, upon conviction before a Magistrate, to a fine not exceeding fifty rupees for every such neglect, refusal or disobedience.
20. Authority to be exercised by police officers.—Police officers enrolled under this Act shall not exercise any authority, except the authority provided for a police officer under this Act and any Act which shall hereafter be passed for regulating criminal procedure.
21. Village police officers.—Nothing in this Act shall affect any hereditary or other village police officer, unless such officer shall be enrolled as a police officer, under this Act. When so enrolled, such officer shall be bound by the provisions of the last preceding section. No hereditary or other village police officer shall be enrolled without his consent and the consent of those who have the right of nomination.

 Police chaukidars in the Presidency of Fort William.— If any police office appointed under Act XX of 1856 (to make better provision for the appointment and maintenance of Police chaukidars in Cities, Towns, Stations, Suburbs, and Bazars in the Presidency of Fort William in Bengal ) is employed out of the district for which he shall have been appointed under that Act, he shall not be paid out of the rates levied under the said Act for that district.

22. Police officers always on duty and may be employed in any part of district.—Every police-officer shall, for all purposes in this Act contained, be always on duty, and may at any time be employed as a police officer in any part of the general police district.
23. Duties of police officers.—It shall be the duty of every police officer promptly to obey and execute all orders and warrants lawfully issued to him by any competent authority; to collect and communicate intelligence affecting the public peace; to prevent the commission of offences and public nuisances; to detect and bring offenders to justice and to apprehend all persons whom he is legally authorised to apprehend, and for whose apprehension sufficient ground exists; and it shall be lawful for every police officer, for any of the purposes mentioned in this section, without a warrant, to enter and inspect any drinking shop, gaming house or other place of resort of loose and disorderly characters.

STATE AMENDMENT

Orissa:

After Section 23, the following new section shall be inserted, namely:

   “23-A. Powers in relation to cognizable offences in a running train.—Without prejudice to the provisions contained in the Code of Criminal Procedure, 1973 (2 of 1974), a Sub-Inspetor of Police, posted to the mobile outpost of the Government Railway Police, shall, while performing duty in a running train, exercise the powers of the officer-in-charge of the local Government Railway Police Station for the purposes of investigation into cognizable offences commited in a running train and when so exercising such powers, shall be deemed to be the officer-in-charge of such Police-Station discharging the functions of such officer within the limits of the Police station.”

[Orissa Act 21 of 1986].

24. Police officer may lay information, etc.—It shall be lawful for any police officer to lay any information before a Magistrate, and to apply for a summons, warrant, search warrant or such other legal process, as may by law issued against any person committing an offence.
25. Police officer to take charge of unclaimed property and be subject to Magistrate’s orders as to disposal.—It shall be the duty of every police officer to take charge of all unclaimed property, and to furnish an inventory thereof to the Magistrate of the district.

The police officers shall be guided as to the disposal of such property by such orders as they shall receive from the Magistrate of the district.

26. Magistrate may detain property and issue proclamation.—(1) The Magistrate of the district may detain the property and issue a proclamation, specifying the articles of which it consists, and requiring any person who has any claim thereto to appear and establish his right to the same within six months from the date of such proclamation.

(2) The provisions of Section 525 of the Code of Criminal Procedure, 1882 (10 of 1882) shall be applicable to property referred to in this section.

27. Confiscation of property if no claimant appears.—(1) If no person shall within the period allowed claim such property, or the proceeds thereof, if sold, it may, if not already sold under sub-section (2) of the last proceeding section, be sold under the orders of the Magistrate of the district.

(2) The sale proceeds of property sold under the preceding sub-section and the proceeds of property sold under Section 26 to which no claim has been established shall be at the disposal of the State Government.

28. Persons refusing to up certificate, etc., no ceasing to be police officers.—Every person, having ceased to be an enrolled police officer under this Act, who shall not forthwith deliver up his certificate, and the clothing, accoutrements, appointments and other necessaries which have been supplied to him for the execution of his duty, shall be liable, on conviction before a Magistrate, to a penalty not exceeding two hundred rupees, or to imprisonment, with or without hard labour, for a period not exceeding six months, or to both.
29. Penalties for neglect of duty etc.—Every police officer who shall be guilty of any violation of duty or wilful breach or neglect of any rule or regulation or lawful order made by competent authority, or who shall withdraw from the duties of his office without permission, or without having given previous notice for the period of two months, or who, being absent on leave shall fail, without reasonable cause, to report himself for duty on the expiration of such leave or who shall engage without authority in any employment other than this police duty, or who shall be guilty of cowardice, or who shall offer any unwarrantable personal violence to any person in his custody, shall be liable, on conviction before a Magistrate, to a penalty not exceeding three months pay, or to imprisonment with or without hard labour for a period not exceeding three months or both.

STATE AMENDMENTS

Punjab, Haryana and Chandigarh

In Section 29 in its application to Punjab, Haryana and Chandigarh in Section 29 omit the words “before a Magistrate”.

[Punjab Act XXV of 1964 and Act XXI of 1966]

Pondicherry

After Section 29, the following sections shall be inserted, namely:

“29-A. Prohibition of smoking in places of entertainment.—(1) If any entertainment (including cinematograph, exhibition, dance or drama) to which members of the public are admitted, whether on payment or not, is held in a closed place or building, then no person shall during the prohibited period, as defined in sub-section (2), smoke either—

(a)  on the stage except in so far as smoking may be any part of entertainment, or

(b)  in the auditorium, that is to say, in that portion of the enclosed place or building in which the accommodation is provided for members of the public:

Provided that the State Government may, by notification in the Official Gazette, except any class of entertainments from the provisions of this sub-section.

(2) For the purpose of sub-section (1), prohibited period means so much of the period commencing thirty minutes before the beginning of the entertainment and ending with the termination thereof, as may fall within the hours which the State Government may, by notification in the Official Gazette, specify in this behalf for entertainments generally or any class or entertainments.

(3) Any person who contravenes the provisions of this section shall be liable to be ejected summarily from the enclosed place or building by any police officer and shall also be punishable with fine which may extend to fifty rupees.

(4) A person ejected under sub-section (3) shall not be entitled to the refund of any payment made by him for admission to the entertainment or to any other compensation.

   29-B. Powers of police on occurrence of a fire.—(1) On the occurrence of a fire, any police officer above the rank of a constable, or any member of the Fire Services above the rank of a fireman, may—

(a)  remove or order the removal of any persons who by their presence interfere with or impede the operation for extinguishing the fire or for saving life or property;

(b)  close any street or passage in or near which fire is burning;

(c)  by himself or those acting under his order, break into or through, or pull down, or use for the passage of houses, or other appliances, any premises for the purpose of extinguishinhg the fire, doing as little damage as possible;

(d)  cause the mains and pipes in any area to be shut off as to give greater pressure of water in the place where the fire has occurred;

(e)  call on the persons in charge of any fire engine to render such assistance as may be possible; and

(f)  generally, take such measures as may appear necessary for preservation of life and property.

(2) Any damage done on the occurrence of fire by members of Fire Services or any fire-brigade or by police-officers or their assistants in the due execution of their duties shall be deemed to be damage by fire within the meaning of any policy of insurance against fire.

Explanation.—Nothing in this section shall exempt any police officer or any member of Fire Services or fire-brigade from liability to damages on account of any acts done by him without reasonable cause.

 “29-C. Penalty for false alarm of fire.—Whoever gives or causes to be given to any fire-brigade or to any member thereof or any member of the Fire Services, whether by means of a street fire alarm, statement, message or otherwise, any alarm of fire which he knows to be false, shall be punishable for the first offence with fine which may extend to fifty rupees and for a second or subsequent offence with imprisonment which may extend to six months and with fine.”

[Pondicherry Act VI of 1966]

30. Regulation of public assemblies and processions and licensing of the same—(1) The District Superintendent or Assistant District Superintendent of Police may, as occasion requires, direct the conduct of all assemblies and processions on the public roads, or in the public streets or thoroughfares, and prescribe the routes by which, and the times at which, such processions may pass.

(2) He may also, on being satisfied that it is intended by any person or class of persons to convene or collect an assembly in any such road, street or thoroughfare, or to form a processing which would, in the judgment of the Magistrate of the district, or of the sub-division of a district, if uncontrolled, be likely to cause a breach of the peace, require by general or special notice that the persons convening or collecting such assembly or directing or promoting such procession shall apply for a licence.

(3) On such application being made, he may issue a licence specifying the names of the licencees and defining the conditions on which alone such assembly or such procession is to be permitted to take place and otherwise giving effect to this section:

Provided that no fee shall be charged on the application for, or grant of any, such licence.

(4) He may also regulate the extent to which  music may be used in streets on the occasion of festivals and ceremonies.

Comments

Public meeting—Total prohibition—Is invalid—Restrictions can be imposed and preventive measures can be taken by police. Anindya Gopal Mitra and another v. State of West Bengal and others. 1993 Cri.L.J. 2096 (Cal)

STATE AMENDMENT

Uttar Pradesh

In Section 30 of the principal Act, in sub-section (1), for the words “Assistant District Superintendent”, the words “Additional District Superintendent or Joint District Superintendent or Assistant District Superintendent” shall be substituted.

[U.P. Act 10 of 1984]

30-A. Powers with regard to assemblies and processions violating conditions of licence.— (1) Any Magistrate or District Superintendent of Police or Assistant District Superintendent of Police or Inspector of Police or any police officer in charge of a station may stop any procession which violates the conditions of a licence granted under the last foregoing section, and may order it or any assembly which violates any such conditions as aforesaid to disperse.

(2) Any processing or assembly which neglects or refuses to obey any order given under the last preceding sub-section shall be deemed to be an unlawful assembly.

STATE AMENDMENT

Uttar Pradesh

In Section 30-A of the principal Act, in sub-section (1), for the words “Assistant District Superintendent”, the words “Additional District Superintendent or Joint District Superintendent or Assistant District Superintendent” shall be substituted.

[U.P. Act 10 of 1984]

31. Police to keep order on public roads, etc.—It shall be the duty of the police to keep order on the public roads, and in the public streets, thoroughfares, ghats and landing places, and at all other places of public resort, and to prevent obstruction on the occasions of assemblies and processions on the public roads and in the public streets, or in the neighbourhood of places of worship, during the time of public worship, and in any case when any road, street, thoroughfare, ghat or landing place may be thronged or may be liable to be obstructed.

STATE AMENDMENT

Tamil Nadu

In Section 31, for the words “on the public roads and in the public streets, thoroughfares, ghats and landing-places, and at all other places of public resort” , substitute the words “in public places”, and for the words “roads, streets, thoroughfares, ghat or landing places” substitute the words “public places”.

[T.N. Act XXII of 1955]

32. Penalties for disobeying order issued under last three sections, etc.—Every person opposing or not obeying the orders issued under the last three preceding sections, or violating the conditions of any licence granted by the District Superintendent or Assistant District Superintendent of Police for the use of music, or for the conduct of assemblies and processions shall be liable, on conviction before a Magistrate, to a fine not exceeding two hundred rupees.

STATE AMENDMENTS

Punjab, Haryana and Chandigarh:

In Section 32 in its application to Punjab, Haryana and Chandigarh omit the words, “before a Magistrate”.

[Punjab act XXV of 1964 and Act XXI of 1966].

Uttar Pradesh:

In the principal Act, in Section 32, for the words “Assistant District Superintendent”, the words “Additional District Superintendent or Joint District Superintendent or Assistant District Superintendent” shall be substituted.

[U.P. act 10 of 1984]

(ii)  After Section 32, the following sections shall be inserted, namely:

“32-A. Power to prohibit mass drill or mass training etc.—(1) The Magistrate of the district may, whenever he considers it necessary so to do for preservation of the public or public safety or for the maintenance of public order, by public notice or by order directed to individuals in any place prohibit, in any area within his jurisdiction, the carrying of arms or the holding of or taking part in any mass drill or mass training with arms where it arouses reasonable apprehension that the participant in such drill or training are likely to cause fear or alarm or a feeling of insecurity among the public or any section thereof.

Explanation.—For the purpose of this section “arms” means any type of offensive weapon and includes lathi, danda, stick and belcha.

(2) No prohibition under this section shall remain in force for more than three months:

Provided that if the State Government considers it necessary so to do for the preservation of public peace or public safety or for the maintenance of public order, it may, by notification, direct that a public notice or order issued by Magistrate of the District under sub-section (1) shall remain in force for such further period, not exceeding six months from the date on which such notice or order would have, but for such directions, expired as it may specify in the said notification.

(3) The Magistrate of the district may, either on his own motion or on the application of any person aggrieved, rescind or alter any order made by him under sub-section (1).

(4) The State Government may, either on its own motion or on the application of any person aggrieved, rescind or alter any order made by it under the proviso to the sub-section (2) or by the Magistrate of the District under sub-section (1).

(5) Where an application under sub-section (3) or sub-section (4) is received, the Magistrate of the District or the State Government, as the case may be, shall afford to the applicant an opportunity of appearing before him or it either in person or by Pleader and showing cause against the order; and if the Magistrate of the District or the State Government, as the case may be, reject the application wholly or in part, he or it shall record in writing the reasons for so doing.

   32-B. Penalty for contravention of prohibition under Section 32-A.—(1) Whoever, contravenes any prohibition made under Section 32-A, shall be liable, on conviction before a Magistrate, to imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees or with both.

(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, an offence punishable under this section shall be cognizable.”

[U.P. Act 5 of 1985]

33. Saving of control of Magistrate of district.—Nothing in the last four preceding sections shall be deemed to interfere with the general control of the Magistrate of the district over the matters referred to therein.

            Power of Police Officers

34. Punishment for certain offences on roads, etc.—Any person who, on any road or in any open place or street or thoroughfare within the limits of any town to which this section shall be specially extended by the State Government, commits any of the following offences, to the obstruction, inconvenience, annoyance, risk, danger or damage of the residents or passengers shall, on conviction before a Magistrate, be liable to a fine not exceeding fifty rupees, or to imprisonment with or withour hard labour not exceeding eight days; and it shall be lawful for any police officer to take into custody, without a warrant, any person who within his view commit any of such offence, namely:—

            Slaughtering cattle, furious riding, etc.

First.—Any person who slaughters any cattle or cleans any carcass; any person who rides or drives any cattle recklessly or furiously, or trains or breaks any horse or other cattle:

            Cruelty to animals

Second.—Any person who want only or cruelly beats, abuses or tortures any animal:

            Obstructing passengers

Third.—Any person who keeps any cattle or conveyance of any kind standing longer than is required for loading or unloading or for taking up or setting down passengers, or who leaves any conveyance in such a manner as to inconvenience or danger to the public:

            Exposing goods for sale

Fourth.—Any person who exposes any goods for sale:

            Throwing dirt into street

Fifth.—Any person who throws or lays down any dirt, filth rubbish or any stones or building materials, or who constructs any cowshed, stable or the like, or who causes any offensive matter to run from any house, factory, dung-heap or the like:

            Being found drunk or riotous

Sixth.—Any person who is found drunk or riotous or who is incapable of taking care of himself:

            Indecent exposure of persons

Seventh.—Any person who wilfully and indecently exposes his person, or any offensive deformity or disease, or commits nuisance by easing himself, or by bathing or washing in any tank or reservoir not being a place set apart for that purpose:

            Neglect to protect dangerous places

Eighth.—Any person who neglects to fence in or duly to protect any well, tank or other dangerous place or structure.

STATE AMENDMENTS

Bihar

In Section 34, for the word “town”, substitute “local area”.

[Bihar Act XXXIV of 1954].

Manipur

(1) In Section 34 of the Police Act, 1961, for the words “not exceeding fifty rupees or to imprisonment with or without hard labour not exceeding eight days” the words “not exceeding five hundred rupees, or to imprisonment with or without hard labour not exceeding three months of an offence under clause Sixth and to a fine not exceeding fifty rupees, or to imprisonment with or without hard labour not exceeding eight days for thr rest of the offence” shall be substituted.

(2) After clause Eight of Section 34 of the principal Act, the following proviso shall be added, namely:

Provided that notwithstading anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an offence under clause Sixth shall be non-bailable.

[Police (Manipur Second Amendment) Act, 1976 and Police  (Manipur Third Amendment) Act, 1977]

After Section 34, the following new sections shall be inserted, namely:

“34-A. Penalty for annoying females.—Whoever with a view to annoying any female, wilfully and indecently exposes his person or any portion thereof, makes any gesture, utters any word, or makes any other sound, in any office, street, public place or vehicle, in such manner as to be seen or heard by such females, whether or not from within any house or building, shall be punishable with fine which may extend to fifty rupees.

34-B. Power to arrest.—It shall be lawful for any police officer to take into custody, without a warrant any person who within his view commits the offence punishable under Section 34-A.

[Manipur Act I of 1969]

34-C. Prohibition of sale at a higher price of tickets once issued for admission to an entertainment.—(1) For the purpose of preventing disorder or disturbance at or near any place where entertainment is held, the District Magistrate concerned may with the previous sanction of the State Government by orders (of which public notice shall be given), prohibit within a radius of one furlong from the place of entertainment the sale or the offer for sale of tickets once issued for admission as spectators to such entertainment at a price higher than the price at which such tickets were originally issued.

(2) Whoever contravenes any order referred to in sub-section (1) shall be liable to imprisonment for a term which may extend to three months or to a fine which may extend to one hundred rupees or to both.

(3) Any police officer not below the rank of sub-Inspector may arrest without warrant any person committing an offence punishable under this section.”

Explanation.—In this section the expression “the entertainment” means any exhibition, performances, amusement, game or sport to which persons are admitted as spectators on production of tickets”.

[The Police (Manipur Second Amendment) Act, 1976]

Punjab, Haryana and Chandigarh

In Section 34 in its application to Punjab, Haryana and Chandigarh, omit the words “before a Magistrate”.

[Punjab Act XXV of 1964, Act XXXI of 1966]

Tamil Nadu

In Section 34, for the words “or any road or in any open place or street or thoroughfare” substitute the words “any public place”.

[T.N. Act XXII of 1955]

Tripura

In Section 34 of the Police Act, 1861, after clause Eight, the following clause shall be inserted, namely:

“Ninth—Any person who rides a bicycle without a bell at any hour of day or night, or without a light, during the hours indicated below, namely:

(a)  April to September:  6.30 p.m. to 5 a.m.

(b)  October to March:  5.30 p.m. to 5 a.m.                               [Police (Tripura Amendment) Act, 1965]

Uttar Pradesh

In Section 34—

(i)  The existing Section 34 shall be re-numbered as Section 34 (1);

(ii)  In sub-section (1) as re-numbered the word “visitors” shall be inserted between the words “residents” and “or passengers” and for the word “section” the word “sub-section” shall be substituted;

(iii)  After sub-section (1) as re-numbered the following shall be added as new sub-sections (2) and (3):  (2) The State Government may, by notification in the Official Gazette, extend to any rural area specified in the notification the provisions of sub-section (1) and thereupon its provisions shall apply to such area as if were a town to which the said sub-section had been specially extended;  (3) the extension under sub-section (2) shall be for a specified period and in respect of all or any of the offences as may be specified”.                [U.P. Act XXXII of 1952]

After Section 34, the following Section 34-A shall be inserted, namely:

“34-A. Compounding of offences under Section 32 and 34.—An offence punishable under Section 32 or Section 34 may, subject to any general or special order of the State Government in this behalf, be compounded by the District Superintendent of Police, either before or after the institution of the prosecution, or realisation of such amount of composition fee as he thinks fit, not exceeding the maximum amount of fine fixed for the offence; and when the offence is so compounded—

(i)  before the institution of prosecution, the offender shall not be liable to prosecution, for such offence and shall, if in custody, be set at liberty;

(ii)  after the institution of the prosecution the composition shall amount to acquittal of the offenders.”

[U.P. Acts No. 12 of 1957, and 35 of 1979]

Orissa

After Section 34, the following section shall be inserted, namely:

“34-A. Punishment for unauthorised sale of tickets for admission to a place of entertainment—(1) Any person who sells or attempts to sell tickets for admission to a place of entertainment, except under the orders of, and at the place provided and price fixed in this behalf, by the proprietor of the entertainment, shall be punishable with imprisonment which may extend to six months or with fine which may extend to one thousand rupees or with both.

(2) If any person is convicted for any second or subsequent offence under sub-section (1), he shall be punishable with imprisonment for a term which shall not be less than twenty-one days but which may extend to one year and shall also be punishable with fine which may extend to one thousand rupees.

(3) Any police officer not below the rank of Sub-Inspector may take into custody without  warrant, any person who, within his view, commits any offence punishable under sub-section (1) or seize any ticket in respect of which he is satisfied that any such offence has been committed.

(4) A Court trying an offence under sub-section (1) or under sub-section (2) may, without prejudice to any other or further order or orders, that may, in its opinion, be passed in the case, direct the forfeiture of any ticket which may have been seized under sub-section (3).

Explanation.—In this section—

(a)  “entertainment” means any exhibition, performance, amusement, game or sports to which persons are admitted on production of tickets; and

(b)  the expression “proprietor“ in relation to any entertainment includes any person responsible for the management of such entertainment.”

[Orissa Act 34 of 1976]

Pondicherry

(1) After Section 34, the following sections shall be inserted, namely:

“34-A. Penalty for being found armed between sunset and sunrise intending to commit an offence.—Whoever is found between sunset and sunrise—

(i)  armed with any dangerous instrument with intent to commit an offence, or

(ii)  having his face covered or otherwise disguised with intent to commit an offence, or

(iii)  lying or loitering or squatting in any bazar, yard or public place and without being able to give a satisfactory account of himself, or

(iv)  in any dwelling-house, or other building, or on board any vessel or boat, without being able to account satisfactorily for his presence there, or

(v)  having in his possession, without lawful excuse any instrument of house-breaking, shall be punishable with imprisonment for a term which may extend to three months.”

34-B. Penalty for certain offences in public place.—Whoever, in any public place,—

(i)  drives, drags or pushes any vehicle, at any time between half an hour after sunset and half an hour before sunrise without sufficient light;

(ii)  without reasonable casue, drives, drags or pushes any vehicle otherwise than in accordance with the rules of the roads notified, from time to time, by the State Government, or fails to obey the directions of a police officer for the time being in charge of regulation of traffic;

(iii)  loads and rides any animal or drives, drags or pushes any vehicle upon any footway, or fastens any animal so that it can stand across or upon any footway;

(iv)  permits any cattle or vehicle to be under the control of a chief under the age of twelve years;

(v)  conveys through the streets any article which protects more than five feet in front or behind the vehicles on which it is planted;

(vi)  beats a drum of tom-tom, or blows a horn or trumpet or beats or sounds any brass or other instrument or utensil or plays any music or uses any sound amplifier except at such time and place and subject to such conditions as may be specified in licence issued in this behalf by the Inspector-General of Police or by any authority authorised in this behalf by him;

(vii)  without the consent of the owner or occupier, in any manner affixes or causes to be affixed any bill, notice, document, paper, or other thing upon any place or any building, monument, statute, effigy, post, wall, fence, tree or other erection therein or in any manner disfigures, writes upon or otherwise marks, or causes to be defaced, disfigured, written upon, or otherwise marked any such public place or any such building, monument, statute, effigy, wall fence, post, tree or erection;

(viii)  begs or applies for alms, or exposes or exhibits any sore, wound, bodily ailment or deformity with the object of exciting charity or extorting alms; using indecent or threatening languages;

(ix)  uses any indecent, threatening, abusive or insulting words or behaves in a threatening or insulting manner or posts up or affixes or exhibits any indecent, threatening, abusive or insulting paper or drawing with intent to provoke a breach of peace or whereby a breach of peace may be occasioned:

shall be punishable with fine which may extend to fifty rupees or with imprisonment for a term which may extend to one month.

“34-BB. Penalty for annoying females in public place or office.—Whoever with a view to annoying any female, wilfully and indecently exposes his person or any portionthereof, makes any gesture, utters any word, or makes any sound, intending that such person or portion thereof or gesture shall be seen or that such word or sound shall be heard by such female in any public place or office, whether such exposure, gesture, word or sound is made or uttered from within any house or building or not, shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to fifty rupees, or with both.

34-C. Penalty for committing nuisance in public place.—Whoever in or by the side of or near to any public place commits a nuisance by easing himself or passing urines, or whoever having the care or custody of any child under seven years of age omits to prevent such child committing a nuisance by easing himself or passing urines, shall be punishable with fine which may extend to five rupees.

34-D. Penalty for lighting bonfire, burning straw, discharging fire-arms etc., in or near any public place.—(1) Whoever except at such times and places as the Inspector-General of Police or any person authorised, in this behalf by him may allow in or near any public place lights any bonfire, sets to or burns any straw or other matter discharges any fire-arm or air-gun, lets off or discharges any firework, or sends up any fire balloon or permits such acts to be done in premises over which he had control, shall be punishable with fine which may extend to fifty rupees.

(2) In the event of such act as is referred to in sub-section (1), being done within any private premises, the person having the immediate control of such premises shall be deemed to have permitted the act, unless he can prove the act was committed without his knowledge.

34-E. Penalty for drunkenness or riotous or indecent behaviour in public place.—(1) Whoever is found drunk and incapable of taking care of himself or is guilty of any riotous, disorderly or indecent behaviour in any public place, in any place of public amusement, or on board any passenger, boat or vessel, shall be punishable with imprisonment for a term which may extend to one month or with fine which may extend to fifty rupees or with both.

(2) Whoever is guilty of any violent disorderly or indecent behaviour in any public office or station shall be punishable with imprisonment for any term which may extend to one month or with fine which may extend to fifty rupees or with both.

34-F. Pawn-brokers, etc., to report stolen property if tendered for pawn or sale.—(1) Any officer of police may deliver to any pawn-broker, dealing in second hand property or worker in metals, a list of any property believed to have been stolen, and thereupon it shall be the duty of such pawn-broker, dealer or worker as aforesaid, upon any article answering the description of any of the property set forth in any such list, being offered to him in pawn, for sale or otherwise, to inquire the name and address of the party offering such article, to seize and detain the article and forthwith to communicate to the nearest police- station, the fact of such article having been offered and such name and address as may be given by the party offering.

(2) Any pawn-broker, dealer or worker who fails, without any reasonable excuse, to comply with the requirement of sub-section (1) shall be punishable with fine which may extend to fifty rupees for every such offence.

(3) A pawn-broker, dealer or worker to whom any article as is referred to in sub-section (1) is offered may detain the person offering such article, pending the arrival of the police.”

“34-G. Prohibition of sale of tickets for admission to an entertainment except under the order of, and at the place provided and price fixed by the proprietor of the entertainment.—(1) Whoever sells or attempts to sell tickets for admission to a place of entertainment, except the orders of, and the place provided and price fixed in this behalf, by the proprietor of entertainment, shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to one hundred rupees or with both.

(2) Any police officer who takes cognizance of any offence punishable under sub-section (1) or seize any ticket in respect of which he is satisfied that any such offence has been committed.

(3) A Court trying an offence under sub-section (1) may, without prejudice to any other or further order or orders, that may, in its opinion, be passed in the case, direct the forfeiture of any ticket which may have been seized under sub-section (2).

Explanation.—In this section—

(a)  “entertainment“ means any exhibition, performance, amusement, game or sports to which persons are admitted on production of tickets; and

(b)  “proprietor“ in relation to any entertainment includes any person responsible for the management of such entertainment.”    [Pondicherry Act VI of 1966 and VII of 1968]

(ii)  In the principal Act, in Section 35-B, for the words, figures and letter “or 34-E”, the figures, letters, and word “34-E or 34-G” shall be substituted.   [Regulation 2 of 1979]

Sikkim

In its application to the State of Sikkim after Section 34, insert the following section, namely:

34-A. Power to prohibit, restrict, regulate or impose conditions on the use of microphones, etc.—(1) If, in the opinion of the Magistrate of the district or Superintendent of Police of the district or Sub-Divisional Police Officer, it is necessary so to do for the purpose of preventing annoyance to, or injury to the health of, the public or any section thereof, or for the purpose of maintaining public peace and tranquillity, he may, by order, prohibit, restrict, regulate or impose conditions on the use or operation, in any area within his jurisdiction or in any vehicle within such area, of microphones, loudspeakers or other apparatus for amplifying human voice or for amplifying music or other sounds.

(2) The State Government may, on its own motion or on the representation of any person or person aggrieved, modify, alter or cancel any order made under sub-section (1).

(3) A police-officer not below the rank of Sub-Inspector, may take such steps or use such force as may be reasonably necessary for securing compliance with any order made under sub-section (1) or and such order as modified or altered by the State Government under sub-section (2) and may seize any microphone, loudspeaker or other apparatus used or operated in contravention of the order.

(4) A police officer, who seizes any microphone, loudspeaker or other apparatus under sub-section (3), may also at the same time seize any vehicle in which such microphone, loudspeaker or other apparatus is being carried or conveyed or is being kept at that time:

Provided that any police officer of the police-station within the limits of which the vehicle is seized, not the below the rank of Sub-Inspector, may release such vehicle on a bond for such sum not exceeding five hundred rupees as he deems reasonable being executed by the owner of the vehicle in favour of the State Government to produce the vehicle at the time of investigation or the trial, and to surrender the vehicle, if detached to be forfeited under sub-section (5).

(5) Any person who contravenes any order made by the Magistrate of the district or Superintendent of Police of the District or any Sub-Divisional Police Officer under sub-section (1) or any such order as modified or altered by the State Government under sub-section (2), shall, on conviction before a Magistrate, be liable to a fine which may extend to one hundred rupees and the Court trying an offence under this section may also direct the forfeiture of any microphone, loudspeaker or other apparatus seized under sub-section (3) or any vehicle seized under sub-section (4) or released under the proviso to that sub-section.

(6) The provisions of this section shall be in addition to and not in derogation of the powers conferred by any other section of this Act.

[Sikkim Act 7 of 1980]

Tripura

After Section 34 of the principal Act, the following section shall be inserted, namely:

“34-A. Prohibition of sale of tickets for admission to an entertainment except under the orders of, and at the place provided and price fixed by the proprietor of the entertainment.—(1) Any person who sells or attempts to sell tickets for admission to a place of entertainment, except under the orders of, and at the place provided and price fixed in this behalf, by the proprietor of the entertainment, shall, on conviction before a Magistrate, be liable to imprisonment for a term not exceeding eight days or to a fine not exceeding fifty rupees.

(2) Any police officer not below the rank of Sub-Inspector may take into custody, without a warrant any person who, without his view, commits any offence punishable under sub-section (1) or seize ticket in respect of which he is satisfied that such offence has been committed.

(3) A Court trying an offence punishable under sub-section (1) may, without prejudice to any other or further order or orders, that may, in its opinion, be passed in the case, direct the forfeiture of any ticket which may have been seized under sub-section (2).

Explanation.—In this section—

(a)  “entertainment” means any exhibition, performance, amusement, game or sport to which persons are admitted on production of tickets; and

(b)  the expression “proprietor“ in relation to any entertainment includes any person responsible for the management of such entertainment.”

34-B. Offences under Section 32, 34 or 34-A to be compoundable.—(1) An offence punishable under Section 32, 34 or 34-A may, with the permission of the court before which any prosecution for such offence is pending, be compounded by the District Superintendent of Police or any person authorised in this behalf by him.

(2) The composition of an offence under sub-section (1) shall have the effect of an acquittal of the accused with whom the offence has been compounded.”

[Police (Tripura Amendment) Act, 1965].

West Bengal

After Section 34, the following sections shall be inserted, namely:

34-A. Power to prohibit, restrict regulate or impose conditions on the use of microphones.—(1) If, in the opinion of the Magistrate of the district or any Sub-Divisional Magistrate, or Magistrate of the first class. it is necessary so to do for the purpose of preventing annoyance to, or injury to the health of, the public or any section thereof, or for the purpose of maintaining public peace and trranquillity, he may, by order, prohibit, restrict, regulate or impose conditions on the use or operation, in any area within his jurisdiction or in any vehicle within such area, of microphones loudspeakers or other apparatus for ampliying human voice or for amplifying music or other sounds.

(2) The State Government may, on its own motion or on the representation of any person or persons aggrieved, modify, alter or cancel any order made under sub-section (1).

(3) A police-officer not below the rank of Sub-Inspector, may take such steps or use such force as may be reasonably necessary for securing compliance with any order made under sub-section (1) or and such order as modified or altered by the State Government under sub-section (2) and may seize any microphone, loudspeaker or other apparatus used or operated in contravention of the order.

(4) A police officer who seizes any microphone, loudspearker or other apparatus under sub-section 93), may also at the same time seize any vehicle in which such microphone, loudspeaker or other apparatus is being carried or conveyed or is being kept at that time:

Provided that any police officer of the police-station within the limits of which the vehicle is seized, not below the rank of Sub- Inspector, may release such vehicle on a bond for such sum not exceeding five hundred rupees as he deems reasonable being executed by the owner of the vehicle in favour of the State Government to produce the vehicle at the time of investigation or the trial, and to surrender the vehicle, if directed to be forfeited under sub-section (5).

(5) Any person who contravenes any order made by the Magistrate of the district or any Sub-Divisional Magistrate, or Magistrate of the first class under sub-section (1) or any such order as modified or altered by the State Government to produce the vehicle at the time of investigation or the trial, and to surrender the vehicle, if directed to be forfeited under sub- section (5).

(6) The provisions of this section shall be in addition to and not in derogation of the powers conferred by any other section of this Act.

[West Bengal Act XXXVIII of 1963]

34-B. Prohibition of sale of tickets for admission to an entertainment except under the order of, and at the place provided and price fixed by the proprietor of the entertainment.—(1) Any person who sells or attempts to sell tickets for admission to a place of entertainment, except under the orders of and at the place provided and price fixed in this behalf, by the proprietor of the entertainment, shall, on conviction before a Magistrate, be liable to imprisonment for a term which may extend to three months or with fine which may extend to one hundred rupees or with both.

(2) Any police officer not below the rank of Sub-Inspector may take into custody, without a warrant any person who, within his view, commits any offence punishable under sub-section (1) or seize any ticket in respect of which he is satisfied that any such offence has been committed.

(3) A Court trying any offence under sub-section (1) may, without prejudice to any other or further order or orders, that may, in its opinion, be passed in the case, direct the forfeiture of any ticket which may have been seized under sub-section (2).

Explanation.—In this section—

(a)  “entertainment” means any exhibition, performance, amusement, game or sport to which persons are admitted on production of tickets; and

(b)  the expression “proprietor” in relation to any entertainment includes any person responsible for the management of such entertainment.”

[West Bengal Act XXVI of 1964].

35. Jurisdiction.—Any charge against a police officer above the rank of a constable under this Act shall be enquired into and determined only by an officer exercising the powers of a Magistrate.

STATE AMENDMENTS

Maharasthra and Gujarat

In Section 35 of the Police Act, 1861 for the words “exercising the powers of Magistrate”, substitute “of such rank as the State Government may by a general or special order direct.”

[Bombay Act XXI of 1954, and Act XI of 1950].

Pondicherry

After Section 35, the following sections shall he inserted, namely—

“35-A. Fee for licence.—For every licence or permission granted under this Act, the Inspector-General of Police may levy such fee not exceeding two, rupees as may, from time to time, be fixed by the State Government.

35-B. Police officer may arrest without a warrant in view of offence.—Any Police Officer may arrest without a warrant any person committing in his view any offence made punishable under Sections 29-A, 34-A, 34-B, 34-C, 34-D and 34-E.

35-C. Penalty for breach of conditions of licences.—(1) For any breach of the conditions of a licence granted under this Act, the offence shall be liable on conviction to fine, not exceeding one hundred rupees and such fine may be recovered from the person licensed, notwithstanding that such breach may have been owning to the default of carelessness of his servant or agent in charge of the shop or place.

(2) Any licence granted to a person who is convicted for any breach of any of the conditions of a licence granted under this Act shall also be liable to be cancelled at the discretion of the Inspector-General of Police.”

[Pondicherry Act VI of 1966].

36. Power to prosecute under other law not affected.—Nothing contained in this Act shall be construed to prevent any person from being prosecuted under any other Regulation or Act for any offence made punishable by this Act, or from being liable under any other Regulation or Act or any other or higher penalty or punishment than is provided for such offence by this Act:

Provided that no person shall be punished twice for the same offence.

37. Recovery of penalties and fines imposed by Magistrate.—The provisions of Sections 64 to 70, both inclusive, of the Indian Penal Code, and of Sections 386 to 389, both inclusive, of the Code of Criminal Procedure, 1882, (45 of 1860, 10 of 1882) with respect to fines, shall apply to penalties and fines imposed under this Act on conviction before a Magistrate:

Provided that, notwithstanding anything contained in Section 65 of the mentioned Code, any person sentenced to fine under Section 34 of this Act may be imprisoned in default of payment of such fine for any period not exceeding eight days.

[1] [38.  Procedure until return is made to warrant of distress.]

[2][39.  Imprisonment if distress not sufficient.]

[3][40. Levy of fines from Eurpoean British Subjects.]

[4] [41.  Rewards to police and informers payable to Central Police Fund]

42. Limitation of Action.—All actions and prosecutions against any person, which may be lawfully brought for anything done or intended to be done under the provisions of this Act, or under the general police powers hereby given shall be commenced within three months after the act complained of shall have been committed, and not otherwise; and notice in writing of such action and of the cause thereof shall be given to the defendant, or the District Superintendent or an Assistant District Superintendent of the District in which the act was committed, one month at least before the commencement of the action.[5]

Tender of amends

No plaintiff shall recover in any such action if tender of sufficient amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into Court after such action brought, by or on behalf of the defendant, and though a decree shall be given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant, unless the Judge before whom the trial is held shall certify his approbation of the action:

            Proviso

Provided always that no action shall in any case lie where such officers shall have been prosecuted criminally for the same act.

STATE AMENDMENT

Uttar Pradesh

In Section 42, for the words “an Assistant District Superintendent” the words “Additional District Superintendent or Joint District Superintendent or Assistant District Superintendent” shall be substituted.

[U.P. Act 10 of 1984].

43. Plea that act was done under warrant.—When any action or prosecution shall be brought or any proceedings held against any police officer for any act done by him in such capacity, it shall be lawful for him to plead that such act was done by him under the authority of a warrant issued by a Magistrate.

Such plea shall be proved by the production of the warrant directing the act, and purporting to be signed by such Magistrate and the defendant shall thereupon be entitled to a decree in his favour, notwithstanding any defect of jurisdiction in such Magistrate. No proof of the signature of such Magistrate shall be necessary, unless the Court shall see reason to doubt its being genuine:

            Proviso

Provided always that any remedy which the party may have against the authority issuing such warrant shall not be affected by anything contained in this section.

44. Police officers to keep diary.—It shall be the duty of every officer in charge of a police station to keep a general diary in such form as shall, from time to time, be prescribed by the State Government and to record therein all complaints and charges preferred, the names of all persons arrested, the names of the complainants, the offences charged against them, the weapons or property that shall have been taken from their possession or otherwise, and the names of the witnesses who shall have been examined.

The Magistrate of the district shall be at liberty to call for and inspect such diary.

45. State Government may prescribe form of returns.—The State Government may direct the submission of such returns by the Inspector-General and other police officers as to such State Government shall seems proper, and may prescribe the form in which such returns shall be made.

STATE AMENDMENTS

Madhya Pradesh

After Section 45, the following section shall be inserted, namely:

   “45-A. Conferment of powers of police officers.—The State Government may by notification, confer on any person any of the powers which may be exercised by a police officer under any act for the time being in force and such person shall be subject to the orders of the District Superintendent of Police.”

[M.P. Act 23 of 1958].

Uttar Pradesh

In Section 45, for the words “Inspector General”, the words “Director-General-cum-Inspector-General” shall be substituted.

 [U.P. Act 10 of 1984].

46. Scope of Act.—(1) This Act shall not by its own operation take effect in any Presidency, State or place. But the State Government by an order to be published in the official Gazette, may extend the whole or any part of this Act to any Presidency, State or place, and the whole or such portion of this Act as shall be specified in such order shall thereupon take effect in such Presidency, State or place.

(2) When the whole or any part of this Act shall have been so extended, the State Government may, from time to time, by notification in the Official Gazette, make rules consistent with this Act—

(a) to regulate the procedure to be followed by Magistrates and  police officers in the discharge of any duty imposed upon them by or under this Act;

(b) to prescribe the time, manner and conditions within and under which claims for compensation under Section 15-A are to be made, the particulars to be stated in such claims, the manner in which the same are to be verified, and the proceedings (including local enquiries if necessary) which are to be taken consequent thereon; and

(c) generally, for giving effect to the provisions of this Act.

(3) All rules made under this Act may from time to time be amended, added to or cancelled by the State Government.

Comments

  Police surveillance—No evidence to show that surveillance of petitioner was necessary—Order illegal. Mohammed Shafi v. State of M.P. and others. 1993 Cri.L.J. 505 (M.P)

47. Authority of District Superintendent of Police over village police.—It shall be lawful for the State Government in carrying this Act into effect in any part of the territories subject to such State Government, to declare that any authority which now is or may be, exercised by the Magistrate of the district over any village watchman or other village police officer for the purposes of police, shall be exercised, subject to the general control of the Magistrate of the district, by the District Superintendent of Police.

FORM

(See Section 8)

A, B has been appointed a member of the police force under Act  5 of 1861, and is vested with the powers, functions and privileges of a police officer.

[1] Repealed by Police Act (1861) Amendment Act, 8 of 1895.

[2] Repealed by Police Act (1861) Amendment Act, 8 of 1895.

[3] Repealed by Police Act (1861) Amendment Act, 8 of 1895.

[4] Repealed by A.O. 1937.

[5] Repleadc by Police Act (1861) Amendment Act, 8 of 1895.