West bengal act 021 of 1857 : Howrah Offences Act, 1857

Section 1. Cases under this Act by whom to be tried

1. Cases under this Act by whom to be tried.- Whoever is charged with having committed any of the offences mentioned in this Act, within the limits of the said ⁵[* * *] station, as described in the schedule hereunto annexed, may be tried for any such offence by the magistrate within whose jurisdiction the offence is alleged to have been committed;

and, on conviction, may be sentenced by such Magistrate to the punishment hereinafter prescribed for the offence.

Section 2. Possession of stolen proper by one who fails to account satisfactorily for the possession

2. Possession of stolen proper by one who fails to account satisfactorily for the possession.- Clause 1.- Whoever has in his possession, or conveys in any manner, anything which may be reasonably suspected of being stolen or fraudulently obtained, shall, if he fail to account satisfactorily how he came by the same, be liable to a penalty not exceeding one hundred rupees, or to imprisonment, with or without, hard labour, for any term not exceeding three months.

Power to summon persons declared to have had possession of stolen property within the jurisdiction of he Magistrate.- Clause 2. If any person, charged with having or conveying anything stolen or fraudulently obtained, shall declare that he received the same from some other person, or that he was employed as a carrier, agent or servant to convey the same for some other person.

the Magistrate may cause every such other person, and also, if necessary, every former or pretended purchaser or other person through whose possession the same shall have passed (provided dial such other person shall be alleged to have had possession of the same within the jurisdiction of such Magistrate) to be brought before him and examined, and shall examine witnesses touching the same;

Penally if such possession fraudulent.- And if it appear to such Magistrate that any person so brought before him had possession of such thing, and had reasonable cause to believe the same to have been stolen or unlawfully obtained, such person shall be liable to a penalty not exceeding one hundred rupees, or to imprisonment, with or without hard labour, for any term not exceeding three months.

Section 3. Apprehension and punishment of reputed thieves, etc.

3. Apprehension and punishment of reputed thieves, etc.- Any person found, between sunset and sunrise, armed with any dangerous or offensive instrument whatsoever, with intent to commit any offence against the person or property of another;

any reputed thief found, between sunset and sunrise, on board any vessel or boat, or lying or loitering in any bazar, street, road, yard, thoroughfare or other place, who shall not give a satisfactory account of himself;

any person found, between sunset and sunrise, having his face covered or otherwise disguised, with intent to commit any such offence as aforesaid;

any person found, between sunset and sunrise, in any dwelling-house or other building whatsoever, without being able satisfactorily to account for his presence therein;

and any person having in his possession, without lawful excuse (the proof of which excuse shall be on such person), any implement of house-breaking;

shall be liable to imprisonment, with or without hard labour, for a term net exceeding three months;

and any such person may be taken into custody by any police-officer without a warrant.

Section 4. [Repealed]

4. Repealed.- [Penalty for carrying arms without authority; order for maintenance of wives or children; penalty for harbouring deserters from merchant-vessels].- ¹[* * *]

Section 5. [Repealed]

5. Repealed.- ¹[* * *]

Section 6. [Repealed]

6. Repealed.- ¹[* * *]

Section 7. Brothels

7. Brothels.- On the complaint of three or more householders that a house in their immediate neighbourhood is used as a common brothel or lodging-house for prostitutes or disorderly persons of any description, to the annoyance of the respectable inhabitants of the vicinity, the Magi senile may summon the owner or tenant of the house to answer the complaint;

and on being satisfied that the house is so used, and is therefore a source of annoyance and offence to the neighbours, may order the owner or tenant to discontinue such use of it;

and, if he shall fail to comply with such order within five days,. may impose upon him a fine to the extent of twenty-five rupees for every day thereafter that the house shall be so used.

Section 8. Licenses for retail sale of spirituous or fermented liquors

8. Licenses for retail sale of spirituous or fermented liquors.- ¹[* * *]

Section 9. [Repealed]

9. Repealed.- ¹[* * *]

Section 10. Penalty for owning or keeping, or having charge of a gaming-house, etc.

10. Penalty for owning or keeping, or having charge of a gaming-house, etc.- ¹[* * *]

Section 11. Penalty for being found playing in a gaming-house

11. Penalty for being found playing in a gaming-house.- ¹[* * *]

Section 12. [Repealed]

12. Repealed.- [Magistrate may authorize certain police-offcers to enter a gaming-house for the purpose of search and seizure].- ¹[* * *]

Section 13. On conviction for keeping a gaming-house, instruments of gaming to be destroyed, etc.

13. On conviction for keeping a gaming-house, instruments of gaming to be destroyed, etc.- ¹[* * *]

Section 14. Portion of fine may be paid to informer

14. Portion of fine may be paid to informer.- ¹[* * *]

Section 15. Gambling in the streets

15. Gambling in the streets.- ¹[* * *]

Section 15-A. Exemption of games of mere skill

15-A. Exemption of games of mere skill.- ¹[* * *]

Section 16. [Repealed]

16. Repealed.- [Pawnbrokers, etc., to report stolen property, pawnbrokers, etc., when to be deemed receivers of stolen goods].- ¹[* * *]

Section 17. [Repealed]

17. Repealed.- ¹[* * *]

Section 18. Manufacture or possession of gunpowder

18. Manufacture or possession of gunpowder.- Whoever manufactures gunpowder,

or, without a license from the Magistrate, has in his possession in any house, shop, warehouse or other building, at any one time, a greater quantity of gunpowder than ten pounds.

shall be liable to a fine not exceeding two hundred rupees, and also to forfeit such gunpowder so manufactured or processed, together with the vessel or receptacle in which it may be contained.

Section 19. Licenses by Magistrate for sale and deposit of gunpowder, etc.

19. Licenses by Magistrate for sale and deposit of gunpowder, etc.- The Magistrate may grant to any person a license for the sale or keeping in deposit of any quantity of gunpower not exceeding fifty pounds on such conditions, and for such term not exceeding one year, a? shall be specified in the license;

and any person who shall be guilty of a breach of any of such conditions shall be liable to a fine not exceeding one hundred rupees, and to forfeit all gunpowder so kept in deposit contrary thereto, and the vessels containing it, and also to forfeit his license.

Section 20. Penalty for drunkenness, or riotous or indecent behaviour in public

20. Penalty for drunkenness, or riotous or indecent behaviour in public.- Whoever is found drunk and incapable of taking care of himself or is gulity of any riotous or indecent behaviour in any street or thoroughfare or in any place of public amusement or resort,

and whoever is guilty of violent behaviour in any police-office,

shall be liable to a fine not exceeding twenty rupees, or to imprisonment, with or without hard labour, for a term not exceeding fourteen days.

Section 21. Penalty for committing nuisance in streets

21. Penalty for committing nuisance in streets.- Whoever wilfully and indecently exposes his person, or commits a nuisance by easing himself in or by the side of or near to any public street or thoroughfare or place, shall be liable to a fine not exceeding ten rupees, or, in default of payment thereof, to imprisonment, with or without hard labour, for a term not exceeding fourteen days.

Section 22. Beggars

22. Beggars.- Whoever, in any public road, street, thoroughfare or place, begs or applies for alms, or exposes or exhibits any sores, wounds, bodily ailment or deformity with the object of exciting charily or of obtaining alms,

or whoever seeks for or obtains alms by means of any false statement or pretences,

shall be liable to imprisonment, with or without hard labour, for any term not exceeding one month.

Section 23. Penally for the following offences in public streets, etc.

23. Penally for the following offences in public streets, etc.- Whoever, in any public street, road, thoroughfare or place of public resort, commits any of the following offences, shall be liable to a fine not exceeding twenty rupees:-

(i) furious or negligent driving or riding: Whoever drives or rides any animal or drives any vehicle in a manner so rash or negligent as to indicate a want of due regard for the safely of others:

(ii) letting loose horses, ferocious dogs, etc.: Whoever negligently lets loose any horse, or suffers to be at large any ferocious dog without a muzzle, or sets on or urges any dog or other animal to attack, worry or put in fear any person, horse or other animal;

(iii) leaving cart, etc., without control: Whoever, being in charge of a carl, carriage or horse, leaves it at such a distance as not to have the same under due control:

(iv) obstruction to passengers by fastening animals: Whoever fastens any animal so as to cause obstruction or danger to passengers:

(v) ill-treating animals: Whoever cruelly beats, abuses or tortures any animal:

(vi) lighting fires and discharging guns, fireworks, etc. Whoever sets fire to or bums any straw or other matter, or lights any bonfire, or wantonly discharges any firearm or air-gun, or lets off or throws any firework, or sends up any fire-balloon.

Section 24. Beating drums, tomtoms, etc.

24. Beating drums, tomtoms, etc.- ¹[* * *]

Section 25. [Repealed]

25. [Repealed].- [Penalty for depositing dirt on street, etc.; allowing sewerage to flow on street; future obstructions in street; taking up pavement; removal of projections from houses; houses projecting to be set back when taken down; power to trim hedges bordering on roads].- ¹[* * *]

Section 26. [Repealed]

26. [Repealed].- ¹[* * *]

Section 27. [Repealed]

27. [Repealed].- ¹[* * *]

Section 28. [Repealed]

28. [Repealed].- ¹[* * *]

Section 29. [Repealed]

29. [Repealed].- ¹[* * *]

Section 30. [Repealed]

30. [Repealed].- ¹[* * *]

Section 31. [Repealed]

31. [Repealed].- ¹[* * *]

Section 32. [Repealed]

32. [Repealed].- ¹[* * *]

Section 33. [Repealed]

33. [Repealed].- [Houses in dangerous state; sate of materials of such houses; penalty for not removing filth; filthy houses, etc.; filthy cattle-stalls, etc.].- ¹[* * *]

Section 34. [Repealed]

34. [Repealed].- ¹[* * *]

Section 35. [Repealed]

35. [Repealed].- ¹[* * *]

Section 36. [Repealed]

36. [Repealed].- ¹[* * *]

Section 37. [Repealed]

37. [Repealed].- ¹[* * *]

Section 38. Licensing of public necessaries

38. Licensing of public necessaries.- ¹[* * *]

Section 39. Neglecting private drains, etc.

39. Neglecting private drains, etc.- ¹[* * *]

Section 40. [Repealed]

40. Repealed.- [Penalty for fouling water; power to fit up unwholesome tanks; power to drain off stagnant pools; penalty for not lighting deposits of building materials or excavations; enclosing of dangerous places; penalty for establishing slaughter-houses without license].- ¹[* * *]

Section 41. [Repealed]

41. Repealed.- ¹[* * *]

Section 42. [Repealed]

42. Repealed.- ¹[* * *]

Section 43. [Repealed]

43. Repealed.- ¹[* * *]

Section 44. [Repealed]

44. Repealed.- ¹[* * *]

Section 45. [Repealed]

45. Repealed.- ¹[* * *]

Section 46. Unclean slaughter-houses

46. Unclean slaughter-houses.- ¹[* * *]

Section 47. Offensive trades; burial and burning grounds; stray dogs

47. Offensive trades; burial and burning grounds; stray dogs.- ¹[* * *]

Section 48. [Repealed]

48. Repealed.- ¹[* * *]

Section 49. [Repealed]

49. Repealed.- ¹[* * *]

Section 50. [Repealed]

50. Repealed.- ¹[* * *]

Section 51. Police-officer may arrest without warrant on view of offence

51. Police-officer may arrest without warrant on view of offence.- Any police-officer may arrest without a warrant any person committing in his view any offence against this Act, if the name and address of such person be unknown to him.

Section 52. Police-officer may take into custody, without warrant, persons charged with aggravated assault recently committed

52. Police-officer may take into custody, without warrant, persons charged with aggravated assault recently committed.- Any police-officer may take into custody, without a warrant, any person who is charged with committing an aggravated assult, in every case in which he shall have good reason to believe that such assault has been committed although not in his view, and that, by reason of the recent commission of the offence, a warrant could not have been obtained for the apprehension of the offender.

Section 53. Person taken into custody by a police-officer, without warrant, may be retained in police-office until brought before Magistral or bailed

53. Person taken into custody by a police-officer, without warrant, may be retained in police-office until brought before Magistral or bailed.- Every person taken into custody without a warrant by a police-officer under this Act shall be taken to the nearest police-office, in order that such person may be detained until he can be brought before the Magistrate, or until he shall enter into recognizances, with or without sureties for his appearance before the Magistrate.

Any person so detained and not entering into recognizances shall be carried before the Magistrate within twenty-four hours from the time of his being taken into custody.

Section 54. Procedure on information or complaint laid before the Magistrate of an offence against this Act

54. Procedure on information or complaint laid before the Magistrate of an offence against this Act.- Upon any information or complaint laid before the Magistrate of any offence committed against this Act, the Magistrate may summon the person charged to appear at a time to be mentioned in the summons, or, if he sees sufficient cause for so doing, may issue a warrant for his apprehension.

¹[* * *]

In all cases of offences punishable with fine only, if after due service of summons the person charged shall not appear in pursuance thereof, the Magistrate, at his discretion, may hear and determine the case in his absence.

²[* * *]

Section 55. Recovery of costs or expenses

55. Recovery of costs or expenses.- ¹[* * *]

Section 56. Jurisdiction

56. Jurisdiction.- Any Joint Magistrate or Deputy Magistrate duly authorized to exercise the powers of a Magistrate, and any Assistant vested with special powers may, in cases referred to him by the Magistrate, exercise all the powers vested in a Magistrate by this Act.

Section 57. [Omitted]

57. Omitted.- [Application of fines].- ¹[* * *]

Section 58. Supersession of Act XXI of 1841

58. Supersession of Act XXI of 1841.- ¹[* * *]

Section 59. Interpretation

59. Interpretation.- [Interpretation].- ¹[* * *]