Suppression of Disturbances Act, 1948
An Act to make better provision for the suppression of disorder in the 3[State of Tamil Nadu].
Whereas it is expedient to make better provision for the suppression of disorder in the 3[State of Tamil Nadu]; It is hereby enacted as follows:
Section 1. Short title, extent and commencement
Section 2. Definitions
In this Act, disturbed area means an area for the time being declared to be a disturbed area by a notification under section 3.
Section 3. Power to declare areas to be disturbed areas
Section 4. Certain offences to be punishable with death in disturbed areas
(1) Whoever in a disturbed area commits any offence punishable under any of the following sections of the Indian Penal Code (Central Act XLV of 1860), namely, 307, 363, 364, 365, 366, 367, 368, 376, 392, 394, 395, 397, 398 and 436, may, in lieu of the punishment to which he is liable under that Code, be punished with death.
(2) Whoever in a disturbed area attempts to commit, or abets the commission of, any offence punishable under any section of the Indian Penal Code (Central Act XLV of 1860) referred to in sub-section (1) may, notwithstanding anything contained in that Code, be punished with death or with the punishment provided in that section for the offence.
Section 5. Power to fire upon persons contravening certain orders in disturbed, areas
Any Magistrate, and any Police Officer not below the rank of Sub-Inspector, may, if in his opinion it is necessary so to do for restoring or maintaining public order, after giving such warning, if any as he may consider necessary, fire upon, order fire to be opened or otherwise use force, even to the causing of death, against any person who in a disturbed area is acting in contravention of any law or order for the time being in force in such area, prohibiting the assembly of five or more persons or the carrying of weapons or of things capable of being used as weapons.
Section 6. Protection of persons acting under section 5
No prosecution, suit or other legal proceeding shall be instituted, except with the previous sanction of the 9(State) Government, against any person in respect of anything done or purporting to be done in exercise of the powers conferred by section 5.
1. These words were substituted for the word Madras by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
2. For Statement of Objects and Reasons, see Fort St. George Gazette, dated the 18th November, 1947, Part IV-A, page 238. This Act was extended to the merged State of Pudukkottai by section 3 of, and the First Schedule to, the Tamil Nadu Merged States (Laws) Act, 1949 (Tamil Nadu Act XXXV of 1949). This Act was extended to the Kanyakumari district and the Shcncottah taluk of the Tirunclveli district by section 3 of, and the Schedule to, the Tamil Nadu (Transferred Territory) Extension of Laws Act, 1957 (Tamil Nadu Act XXII of 1957).
3. This expression was substituted for the expression Province of Madras by the Tamil Nadu Adaptation of Laws Order, 1970, which was deemed to have come into force on the 14th January, 1969.
4. Received the assent of the Governor-General on the 7th April, 1948; first published in the Fort St. George Gazette on the 13th April, 1948
5. These words were substituted for the word Madras by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
6. This expression was substituted for the expression State of Madras by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
7. This word was substituted for the word Provincial by the Adaptation Order of 1950.
8. This word was substituted for the word Province by ibid.
9. This word was substituted for the word Provincial by the Adaptation Order of 1950.