ORDER AND SAFETY OF STATE
I. EMPLOYMENT OF ADDITIONAL POLICE, RECOVERY OF COST THEREOF AND OF
RIOT COMPENSATION, ITS ASSESSMENT AND RECOVERY.
46. Employment of additional Police on application of a person.—(1) The Commissioner or the Superintendent may, on the application of any person, depute any additional number of Police to keep the peace, to preserve order or to enforce any of the provisions of this or any other Act in respect of any particular class or classes of offences or to perform any other Police duties at any place in the area under his charge.
(2) Such additional Police shall be employed at the cost of the person making the application but shall be subject to the orders of the Police authorities and shall be employed for such period as the appointing authority thinks fit.
(3) If the person upon whose application such additional police are employed shall at any time make a written requisition to the appointing authority to which the application for the employment of additional Police was made, for the withdrawal of the said Police, he shall be relieved from the cost thereof at the expiration of such period not exceeding one month from the date of the delivery of such requisition, as the Government or the appointing authority as the case may be, shall determine.
47. Employment of additional Police at large works and when apprehension regarding behaviour of employees exists.—(1) Whenever it appears to the Government or a competent authority that,—
(a) any large work which is being carried on or any public amusement which is being conducted is likely to impede the traffic or to attract a large number of people, or
(b) that the behaviour or a reasonable apprehension of the behaviour of the persons employed on any railway, canal, or other public work, or in or upon any manufactory or other commercial concern under construction or in operation at any place necessitates the employment of additional Police at such place,
the Government or the competent authority may depute such additional police to the said place as it shall think fit and keep the said Police employed at such place for so long as such necessity shall appear to it to continue.
(2) Such additional Police shall be employed at the cost of the person by whom the work, amusement, manufactory or concern is being constructed, conducted or carried on and the said person shall pay the costs therefor at such rates and at such times as the Government or the competent authority, as the case may be, shall from time to time, require.
48. Recovery of cost of additional Police employed under sections 46 and 47.—In case of any dispute under section 46 or 47, the decision of the District Magistrate shall be conclusive as to the amount to be paid and as to the person by whom it is to be paid and the sum so ascertained may, on the requisition of the District Magistrate be recovered by the Deputy Commissioner of the Revenue District as if it were an arrear of land revenue due by the person found to be answerable therefor.
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49. Employment of additional Police in cases of special danger to public peace.—
(1) If in the opinion of the Government any area is in a disturbed or dangerous condition or in which the conduct of the inhabitants or of any particular section of the inhabitants renders it expedient temporarily to employ additional Police, it may by notification, in the official Gazette, specify,—
(a) the area (hereinafter called "the disturbance area") in which the additional Police is to be employed,
(b) the period for which the additional Police is to be employed:
Provided that the period fixed under clause (b) may be extended by the Government from time to time, if in its opinion, it is necessary to do so in the general interest of the public. The cost of the additional Police shall be a tax imposed under this section and shall be recovered in the manner prescribed in the succeeding sub-sections.
(2) The decision of the Government under clauses (a) and (b) of sub-section (1) shall be final.
(3) On the issue of such notification, the Government may require,—
(a) in any disturbance area which is within the jurisdiction of a municipal body, the municipal body, the Deputy Commissioner of the Revenue District or any other authority,
(b) in any disturbance area which is outside the area specified in clause (a), the Deputy Commissioner of the Revenue District or any other authority, to recover, whether in whole or in part, the cost of such additional Police generally from all persons who are inhabitants of the disturbance area or specially from any particular section or sections, or class or classes of such persons, and in such proportion as the Government may direct:
Provided that where the municipal body is directed to recover such cost, an additional sum not exceeding three per cent of the amount of such cost shall also be recoverable.
(4) (i) The Government may require the municipal body to recover such cost and the additional sum by an addition to the general or property tax which shall be imposed and levied in all or such of the municipal divisions, sub-divisions or sections thereof, as the Government may direct. Every addition to the general or property tax imposed under this sub-section shall be recovered by the municipal body from each person liable therefor, in the same manner as the general or property tax due from him.
The provisions of the relevant municipal Act shall apply to any such addition as if it were part of the general or property tax levied under the said Act. Such addition shall be a charge along with the general or property tax, on the properties, in such municipal divisions or sub- divisions or sections.
(ii) The Government may also require the municipal body to recover such cost and the additional sum from each person liable therefor under sub-section (3) in such manner as the Government may direct.
(iii) Where the municipal body makes default in imposing and levying any such tax or in making such recovery, the Government may direct the Deputy Commissioner of the Revenue District to impose and levy such tax or to make such recovery.
(5) Every amount recoverable by the Deputy Commissioner of the Revenue District or other authority under this section shall be recoverable as if it were an arrear of land revenue due by the person liable therefor.
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(6) It shall be lawful for the Government by order to exempt any person from liability to bear any portion of the cost of such additional Police.
(7) It shall be lawful for the Government to extend the period for the payment of the cost imposed under this section, for the term not exceeding five years beyond the period for which such additional Police are actually employed.
(8) Out of the total amount recovered by the municipal body under sub-section (4) or (5) whether before or after the coming into force of this Act, the amount of the cost shall be paid to the Government and the balance, if any, shall be credited to the Municipal Fund constituted under the relevant municipal Act. Such amount of cost shall be paid to the Government every three months.
Explanation.—In this section, the expression "inhabitants" when used with reference to any area includes persons who themselves or by their agents or servants occupy or hold land or other immovable property within such area and landlords who themselves or by their agents or servants collect rent from holders or occupiers of land in such area notwithstanding that they do not actually reside therein.
50. Compensation for injury caused by unlawful assembly how recoverable.—(1) When any loss or damage is caused to any property, or when death results or grievous hurt is caused to any person or persons, by anything done in the prosecution of the common object of an unlawful assembly, the Government may, by notification in the official Gazette, specify,—
(a) the area (hereinafter called "the disturbance area") in which in its opinion such unlawful assembly was held; and
(b) the date on which or the period during which such unlawful assembly was held.
(2) The decision of the Government under clauses (a) and (b) of sub-section (1) shall be final.
(3) On the issue of a notification under sub-section (1), the District Magistrate may, after such inquiry as he deems necessary, determine the amount of the compensation which, in his opinion should be paid to any person or persons in respect of the loss or damage or death or grievous hurt aforesaid. The amount of compensation shall be a tax imposed under this section and shall be recovered in the manner prescribed in the succeeding sub-sections.
(4) The District Magistrate may require,—
(a) in any disturbance area, which is within the jurisdiction of a municipal body, the municipal body, the Deputy Commissioner of the Revenue District or any other authority;
(b) in any disturbance area which is outside the area specified in clause (a), the Deputy Commissioner of the Revenue District or any other authority,
to recover the amount (hereinafter called "the compensation amount") as determined under sub-section (3) either in whole or in part, and where the municipal body is required to recover such amount, an additional sum not exceeding three per cent of the compensation amount (hereinafter referred to as "the municipal recovery cost") generally from all persons who were inhabitants of the disturbance area or specially from any particular section or sections, or class or classes of such persons in the said area, and in such proportion as the District Magistrate may direct.
(5) (i) The District Magistrate may require the municipal body concerned to recover the compensation amount and the municipal recovery cost by an addition to the general or property tax which shall be imposed and levied in the disturbance area. Every addition to the general or property tax imposed under this sub-section shall be recovered by the municipal
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body concerned from each person liable therefor in the same manner as the general or property tax due from him. The provisions of the relevant municipal Act shall apply to any such addition as if it were part of the general or property tax levied under the relevant municipal Act. Such addition shall be a charge along with the general or property tax on the properties in the area aforesaid.
(ii) The District Magistrate may also require the municipal body concerned to recover the compensation amount and the municipal recovery cost from each person liable therefor under sub-section (4) in such manner as he may direct.
(6) Where a municipal body makes a default in imposing and levying any such tax or in making any such recovery, the Government may direct the Deputy Commissioner of the Revenue District to impose and levy such tax or to make such recovery.
(7) Every amount recoverable by the Deputy Commissioner of the Revenue District or other authority under this section, shall be recoverable as if it were an arrear of land revenue.
(8) Out of the total amount recovered by the municipal body under sub-section (5) or (6), the proportionate amount of the municipal recovery cost shall be deducted from and the amount not exceeding the compensation amount determined by the District Magistrate under sub-section (3), shall be paid to him for the payment of compensation to the persons entitled thereto, and the balance, if any, shall be credited to the Municipal Fund constituted under the relevant municipal Act. Such amount shall be paid to the District Magistrate, every three months.
(9) It shall be lawful for the District Magistrate, by order to exempt any person from liability to pay any portion of the compensation amount.
(10) The Government may, (a) on its own motion, or (b) on an application made by a person within a period of thirty days from the date of the order of a District Magistrate, granting or refusing to grant an exemption thereunder, set aside or modify such order.
Explanation.—In this section the expression "inhabitants" when used with reference to any disturbance area includes persons who themselves or by their agents or servants occupy or hold land or other immovable property within such area and landlords who themselves or by their agents or servants collect rent from holders or occupiers of land in such area, notwithstanding that they do not actually reside therein.
51. District Magistrate to award or to apportion compensation among persons.—(1) It shall be lawful for the District Magistrate to award or apportion all or any moneys recovered as compensation under sub-sections (3) to (8) of section 50, to any person or among all or any persons whom he considers entitled to compensation in respect of the loss or damage or death or grievous hurt aforesaid.
(2) No compensation shall be awarded under this section except upon a claim made within forty-five days from the date of the notification issued by the Government under sub- section (1) of section 50 and unless the District Magistrate is satisfied that the person claiming compensation or where such claim is made in respect of the death of any person, that person also has himself been free from blame in connection with the occurrences which led to the loss, damage, death or grievous hurt as aforesaid.
(3) The compensation payable to any person under section 50 in respect of death or grievous hurt shall not in any way be capable of being assigned or charged or be liable to attachment or to pass to any person other than the person entitled to it by operation of law, nor shall any claim be set off against the same.
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(4) Every direction and order made by the District Magistrate under this or the preceding section shall be subject to revision by the Government, but save as aforesaid shall be final.
(5) No civil suit shall be maintainable against the Government or any officer of the Government in respect of any loss or injury for which compensation has been granted under this section.
52. District Magistrate to discharge functions under orders of Government.—The District Magistrate shall discharge his functions under sections 50 and 51 subject to any general or special orders of the Government in this behalf.
53. Proportionate recovery of the cost of additional Police and compensation for loss caused by unlawful assembly.—(1) Notwithstanding anything contained in any law in force relating to house rent and accommodation control, where under the provisions of section 49 or 50, the municipal body or the Deputy Commissioner of the Revenue District, as the case may be, is required to recover the cost of the additional Police, including the additional sum referred to in sub-section (4) of section 49 (hereinafter called "the additional cost") or the compensation amount and the municipal recovery cost (hereinafter called the
"riot tax") by an addition to the general or property tax, the landlord from whom any portion of the additional cost or the riot tax is recovered, in respect of any premises shall be entitled to recover seventy-five per cent of such portion from the tenant in the occupation of the premises during the period fixed under sub-section (1) of section 49 or on the date or during the greater part of the period specified under clause (b) of sub-section (1) of section 50, as the case may be, in the manner specified in sub-section (2).
(2) The amount referred to in sub-section (1) and to be recovered from a tenant referred to therein shall bear the same proportion as the rent payable by him in respect of the premises in his occupation bears to the total amount of rent recoverable for the whole premises if let, and the same shall be recoverable in not less than four equal instalments.
II. DISPERSAL OF GANGS AND REMOVAL OF PERSONS CONVICTED
OF CERTAIN OFFENCES.
54. Dispersal of gangs and bodies of persons.—Whenever it shall appear in the City of Bangalore and other areas for which a Commissioner is appointed under section 7 to the Commissioner, and in a district to the District Magistrate, the Magistrate or the Superintendent specially empowered by the Government in this behalf, that the movement by encampment of any gang or body of persons in the area in his charge is causing or is calculated to cause danger or alarm or reasonable suspicion that unlawful designs are entertained by such gang or body or by members thereof, such officer may, by notification, addressed to the persons appearing to be the leaders or chief men of such gang or body and published by beat of drum or otherwise as such officer thinks fit, direct the members of such gang or body so to conduct themselves as shall seem necessary in order to prevent violence and alarm or to disperse and each of them to remove himself outside the area within the local limits of his jurisdiction or such area and any district or districts, or any part thereof, contiguous thereto within such time as such officer shall specify, and not to enter the area or the areas and such contiguous districts, or part thereof, as the case may be, or return to the place from which each of them was directed to remove himself.
55. Removal of persons about to commit offences.—Whenever it shall appear in the City of Bangalore and other areas for which a Commissioner has been appointed under section 7 to the Commissioner, and in other area or areas to which the Government may, by notification in the official Gazette, extend the provision of this section, to the District Magistrate, or the Sub-Divisional Magistrate having jurisdiction and specially empowered by the Government in that behalf,—
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(a) that the movements or acts of any person are causing or calculated to cause alarm, danger or harm to person or property, or
(b) that there are reasonable grounds for believing that such person is engaged or is about to be engaged in the commission of an offence involving force or violence or an offence punishable under Chapter XII, XVI or XVII of the Indian Penal Code, or in the abetment of any such offence, and when in the opinion of such officer witnesses are not willing to come forward to give evidence in public against such person by reason of apprehension on their part as regards the safety of their person or property, or
(c) that an outbreak of epidemic disease is likely to result from the continued residence of an immigrant,
the said officer may, by an order in writing duly served on him, or by beat of drum or otherwise as he thinks fit, direct such person or immigrant so to conduct himself as shall seem necessary in order to prevent violence and alarm or the outbreak or spread of such disease or to remove himself outside the area within the local limits of his jurisdiction or such area and any district or districts or any part thereof contiguous thereto by such route and within such time as the said officer may specify and not to enter, or return to the said place from which he was directed to remove himself.
1 [56. Removal of persons convicted of certain offences.—If a person has been convicted at any time either before or after the commencement of this Act,—
(a) of an offence under Chapter XII, XVI or XVII of the Indian Penal Code (Central Act 45 of 1860); or
(b) of an offence under section 6 of 13 of the Mysore Mines Act, 1906 (Mysore Act 4 of 1906); or
(c) of an offence under section 86 of the Karnataka Forest Act, 1963 (Karnataka Act 5 of 1964); or
(d) twice of an offence under section 19 of the Mysore Prohibition of Beggary Act, 1944 (Mysore Act 33 of 1944) or any other corresponding law in force in any area of the State; or
(e) twice of an offence under the Suppression of Immoral Traffic in Women and Girls Act, 1956 (Central Act 104 of 1956); or
(f) twice of an offence under the Untouchability (Offences) Act, 1955 (Central Act 22 of 1955); or
(g) thrice of an offence within a period of three years under section 78, 79 or 80 of this Act; or
(h) thrice of an offence within a period of three years under sections 32, 34, 37 or 38A of the Karnataka Excise Act 1965, (Karnataka Act 21 of 1966),
the Commissioner, the District Magistrate, or any Sub-divisional Magistrate specially empowered by the Government in this behalf, if he has reason to believe that such person is likely again to engage himself in the commission of an offence similar to that for which he was convicted, may direct such person to remove himself outside the area within the local limits of his jurisdiction or such area or any district or districts or any part thereof contiguous thereto, by such route and within such time as the said officer may specify and not to enter or return to the place from which he was directed to remove himself.
Explanation.—For the purpose of this section "an offence similar to that for which a person was convicted" shall mean,—
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(i) in the case of a person convicted of an offence mentioned in clause (a), an offence falling under any of the Chapters of the Indian Penal Code mentioned in that clause; and
(ii) in the case of person convicted of an offence mentioned in clauses (e) and (f), an offence falling under the provisions of the Acts mentioned respectively in the said clauses.]1
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temporary period to the area or such area and any district or districts or any part thereof, contiguous thereto from which he was directed to remove himself subject to such conditions as it may by general or special order specify and which such person accepts, and may, at any time, revoke any such permission.
(2) In permitting a person under sub-section (1) to enter or return to the area or such area and any district or districts or any part thereof, contiguous thereto from which he was directed to remove himself, the Government may require him to enter into a bond with or without surety for the observance of the conditions imposed.
(3) Any person permitted under sub-section (1) to enter or return to the area or such area and any district or districts or any part thereof contiguous thereto, from which he was directed to remove himself, shall surrender himself at the time and place and to the authority specified in the order or in the order revoking the said order, as the case may be.
63. Powers of Government or of officers specially empowered to extern.—(1) The Government or any officer specially empowered by the Government in that behalf, may, in like circumstances and in like manner, exercise the powers exercisable, in the City of Bangalore by the Commissioner and in a district by the District Magistrate, Sub-divisional Magistrate or Superintendent of Police specially empowered by the Government in that behalf, as the case may be, under section 54, 55 or 56 with this modification that it shall be lawful for the Government or the officer specially empowered to direct the members of such gang or body or persons or immigrants or persons convicted, as the case may be, to remove themselves from and not to enter or return to, any local area, or any such area and any districts or part thereof, whether contiguous thereto or not.
(2) The provisions of sections 57, 58, 59, 60, 61 and 62 shall mutatis mutandis apply to the exercise of any powers under this section, as they apply to the exercise of any powers under section 54, 55 or 56.
III. CONTROL OF CAMPS, PARADES, ETC., AND USE OF CERTAIN UNIFORMS
64. Control of camps, parades, etc., and banning use of uniforms, etc.—(1) If the Government is satisfied that it is necessary in the interest of the maintenance of public order so to do, it may by general or special order prohibit or restrict throughout the1[State of Karnataka]1or any part thereof all meetings and assemblies of persons for the purpose of training or drilling themselves or being trained or drilled to the use of arms, or for the purpose of practising military exercises, movements or evolutions, or for the purpose aforesaid of attending or holding or taking any part in any camp, parade or procession. 1.Adapted by the Kakrnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
(2) If the Government is satisfied that the wearing in public by any member of the body or association or organisation to be specified in the order to be issued hereunder of any dress or article of apparel resembling any uniform or part of uniform required to be worn by a member of the Armed Forces of the Union or by a member of the Police Force or of any force constituted under any law for the time being in force, would be likely to prejudice the security of the State or the maintenance of public order, the Government may, by general or special order, prohibit or restrict the wearing, or display in public, of any such dress or article of apparel by any member of such body or association or organisation.
(3) Every general or special order under sub-sections (1) and (2) shall be published in the manner prescribed for the publication of a public notice under section 172.
Explanation.—For the purposes of sub-section (2), a dress or an article of apparel shall be deemed to be worn or displayed in public, if it is worn or displayed in any place to which the public have access.
CHAPTER VI
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EXECUTIVE POWERS AND DUTIES OF THE POLICE
65. Duties of a Police Officer.—It shall be the duty of every Police Officer,—
(a) promptly to serve every summons and obey and execute every warrant or other order lawfully issued to him by competent authority, and to endeavour by all lawful means to give effect to the lawful commands of his superior;
(b) to the best of his ability to obtain intelligence concerning the commission of cognizable offences or designs to commit such offences;
(c) to lay such information and to take such other steps, consistent with law and with the orders of his superiors, as shall be best calculated to bring offenders to justice;
(d) to prevent the commission of offences; 1 [(da) to prevent the breach of the public peace;] 1
1. Clause (da) inserted by Act 18 of 1975 w.e.f. 15.5.1975
(e) to prevent to the best of his ability the commission of public nuisances;
(f) to apprehend without unreasonable delay all persons whom he is legally authorised to apprehend and for whose apprehension there is sufficient reason;
(g) to aid another Police Officer when called on by him or in case of need in the discharge of his duty, in such ways as would be lawful and reasonable on the part of the officer aided;
(h) to discharge such duties as are imposed upon him by any law for the time being in force.
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(b) to take prompt measures to procure necessary help for any person under arrest or in custody, who is wounded or sick and whilst guarding or conducting any such person, to have due regard to his condition;
(c) to arrange for the proper sustenance and shelter of every person who is under arrest or in custody;
(d) in conducting searches, to refrain from needless rudeness and the causing of unnecessary annoyance;
(e) in dealing with women and children to act with strict regard to decency and with reasonable gentleness;
(f) to use his best endeavors to prevent any loss or damage by fire;
(g) to use his best endeavor to avert any accident or danger to the public.
69. Police to regulate traffic, etc., in streets.—It shall be the duty of a Police Officer,—
(a) to regulate and control the traffic in the streets, to prevent obstructions therein and, to the best of his ability, to prevent infraction of any rule or order made under this Act, or any other law in force for observance by the public in or near the streets;
(b) to keep order in the streets and at and within public bathing, washing and landing places, fairs, bazaars, temples and all other places of public resort and in the neighborhood of places of public worship during the time of public worship;
(c) to regulate resort to public bathing, washing and landing places, to prevent overcrowding thereat and in public ferry, boats and, to the best of his ability, to prevent the infraction of any rule or order lawfully made for observance by the public at any such place or on any such boat.
70. Persons bound to conform to reasonable directions of Police.—All persons shall be bound to conform to the reasonable directions of a Police Officer given in fulfillment of any of his duties under this Act.
71. Powers of Police Officer to restrain, remove, etc.—A Police Officer may restrain or remove any person resisting or refusing or omitting to conform to any direction referred to in section 70 and may either take such person before a1[Judicial Magistrate]1or, in trivial cases, may release him when the occasion is past.
72. Enforcement of orders issued under section 35, 36 or 38.—Whenever a notification has been duly issued under section 35 or an order has been made under section 36 or 38 it shall be lawful for any Magistrate in a district or Police Officer to require any person acting or about to act contrary thereto to desist or to abstain from so doing, and, in case of refusal or disobedience, to arrest the person offending. Such1[Executive Magistrate]1 or Police Officer may also seize any object or thing used or about to be used in contravention of such notification, or order as aforesaid and the thing seized shall be disposed of according to the order of any District Magistrate having jurisdiction at the place.
73. Duty of Police to see orders issued under sections 42, 54, 55, 56 or 63 are carried out.—It shall be the duty of the police to see that every regulation and direction made by an authority under sections 42, 54, 55, 56 or 63 is duly obeyed, to warn persons who from ignorance fail to obey the same and to arrest any person who wilfully disobeys the same.
74. When Police Officer may arrest without warrant.—A Police Officer may arrest without warrant any person committing in his presence in any street or public place any non- cognizable offence punishable under this Act, or under any rule made thereunder and for
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which no express provision has been made elsewhere, or under any other law for the time being in force, if such person,—
(i) after being warned by a Police Officer persists in committing such offence, or
(ii) refuses to accompany the Police Officer to a police station on being required so to do.
75. Police to take charge of unclaimed property.—1[(1)]1The police shall take temporary charge,—
(a) of all unclaimed property found by or made over to them; and
(b) of all property found lying in any public street, if the owner or person in charge of such property on being directed to remove the same, refuses or omits to do so.
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(b) being the owner or occupier of any such building, room, tent, enclosure, vehicle, vessel or place knowingly or wilfully permits the same to be opened, occupied, kept or used by any other person for the purpose of gaming on any of the objects aforesaid, or
(c) has the care or management of, or in any manner assists in, conducting the business of, any such building, room, tent, enclosure, vehicle, vessel or place opened, occupied, kept or used for the purpose of gaming on any of the objects aforesaid, or
(d) advances or furnishes money for the purpose of gaming on any of the objects aforesaid with persons frequenting any such building, room, tent, enclosure, vehicle, vessel or place,
shall, on conviction, be punished with imprisonment which may extend to one year, or with fine which may extend to one thousand rupees, or with both:
Provided that in the absence of special reasons to be recorded in writing, the punishment to be imposed on an offender on conviction for an offence under this sub-section shall be imprisonment for not less than one month or fine of not less than five hundred rupees or both.
(2) Whoever is found in any building, room, tent, enclosure, vehicle, vessel or place referred to in sub-section (1), gaming on any of the objects specified in that sub-section, or present, for the purpose of gaming on any such object shall, on conviction, be punished with imprisonment which may extend to one month or with fine which may extend to five hundred rupees or with both.
Any person found in any such building, room, tent, enclosure, vehicle, vessel or place during any gaming therein on any of the objects specified in sub-section (1) shall be presumed, until the contrary is proved, to have been there for the purpose of gaming on such object.
(3) Whoever is found gaming on any of the objects specified in sub-section (1) in any public street or thoroughfare or in any place to which the public have or are permitted to have access shall, on conviction be punished with imprisonment which may extend to three months or with fine which may extend to three hundred rupees, or with both.
79. Keeping common gaming house, etc.—Any person who,—
(a) opens, keeps or uses any building, room, tent, enclosure, vehicle, vessel, or place for the purpose of a common gaming-house;
(b) being the owner or occupier of any such building, room, tent, enclosure, vehicle, vessel, or place knowingly or wilfully permits the same to be opened, occupied, kept or used by any other person for the purpose aforesaid;
(c) has the care or management of, or in any manner assists in conducting the business of, any such building, room, tent, enclosure, vehicle, vessel, or place opened, occupied, kept or used for the purpose aforesaid; or
(d) advances or furnishes money for the purpose of gaming with persons frequenting any such building, room, tent, enclosure, vehicle, vessel, or place, shall, on conviction, be punished with imprisonment which may extend to one year and with fine:
Provided that,—
(a) for a first offence, such imprisonment shall not be less than three months and fine shall not be less than five hundred rupees;
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(b) for a second offence, such imprisonment shall not be less than six months and fine shall not be less than five hundred rupees; and
(c) for a third or subsequent offence, such imprisonment shall not be less than nine months and fine shall not be less than one thousand rupees.
80. Gaming in common gaming-house, etc.—Whoever is found in any common gaming-house gaming or present for the purpose of gaming shall, on conviction, be punished with imprisonment which may extend to one year and with fine:
Provided that,—
(a) for a first offence such imprisonment shall not be less than one month and fine shall not be less than two hundred rupees;
(b) for a second offence such imprisonment shall not be less three months and fine shall not be less than two hundred rupees; and
(c) for a third or subsequent offence such imprisonment shall not be less than six months and fine shall not be less than five hundred rupees.
81. Entry, search, etc., by Police Officers in gaming-house.—It shall be lawful for a Police Officer,—
(i) in the City of Bangalore not below the rank of a Sub-Inspector and either empowered by general order in writing or authorised in each case by special warrant issued by the District Magistrate or Sub-Divisional Magistrate, or Commissioner of Police or Superintendent of Police; or Deputy Commissioner of Police, Assistant Superintendent of Police or Deputy Superintendent of Police or Assistant Commissioner of Police, and
(ii) elsewhere not below the rank of a Sub-Inspector of Police1[and either empowered by general order in writing or authorised in each case by special warrant issued]1by a District Magistrate or Sub-Divisional Magistrate, or by a Magistrate specially empowered by the State Government in this behalf or by a Superintendent of Police or by an Assistant or Deputy Superintendent of Police,—
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vessel or place entered or searched under section 81 or on a person found therein, and in the case of any other thing so seized, if the court is satisfied that the police officer who entered such building, room, tent, or place, enclosure, vehicle, vessel, had reasonable grounds for suspecting that the thing so seized was an instrument of gaming, the seizure of such instrument or thing shall be evidence, until the contrary is proved, that such building, room, tent, enclosure, vehicle, vessel or place is used as a common gaming-house and the persons found therein were then present for the purpose of gaming, although no gaming was actually seen by the police officer or by any person acting under the authority of either of them.
(2) Any person found in any common gaming-house during any gaming therein shall be presumed until the contrary is proved, to have been there for the purpose of gaming.
83. On conviction under sections 78, 79 and 80 instruments of gaming may be destroyed.—On conviction of any person under sections 78, 79 or 80 the convicting Magistrate may order all the instruments of gaming found in the building, room, tent, enclosure, vehicle, vessel or place or on the persons of those who were found therein, to be forthwith destroyed or forfeited to the Government, and may also order all or any of the securities for money and other articles seized, not being instruments of gaming, to be sold and the proceeds thereof, with all moneys seized therein, to be forfeited to the Government.
84. Proof of playing for money not required for conviction.—It shall not be necessary, in order to convict a person of an offence under sub-section (2) or sub-section (3) of section 78 or under section 80 to prove that any person found gaming was playing for any money, wager, bet or stake.
85. Indemnification of persons concerned who are examined as witnesses.—Every person who shall have been concerned in any gaming contrary to this Act, and who shall be examined as a witness by or before a Magistrate on the trial of any charge against the owner, keeper or occupier or other person under sub-section (1) of section 78 or under section 79 touching gaming, and who upon such examination shall make true and faithful discovery to the best of his knowledge of all things as to which he shall be so examined, and who shall thereupon receive from the said Magistrate a certificate in writing to that effect, shall be freed from all prosecutions under this Act for anything done before that time in respect of such gaming.
86. Payment of portion of fine to informer.—The Magistrate trying any case under the provisions of sections 78, 79 and 80, may award any portion, not exceeding one-half of any fine which may be levied under any of the said sections, or any part of the proceeds of articles or money seized and ordered to be forfeited under section 83, among the Police Officers and other persons who may have given assistance in the detection or investigation of the offence.
87. Gaming in public streets.—Whoever is found gaming or reasonably suspected to be gaming in any public street, or thoroughfare, or in any place to which the public have or permitted to have access or in any race-course shall, on conviction, be punished with imprisonment which may extend to three months or with fine which may extend to three hundred rupees, or with both and where such gaming consists of wagering or betting, any such person so found gaming shall, on conviction, be punishable in the manner and to the extent referred to in section 80 and all moneys found on such person shall be forfeited to the Government.
1 [Any] 1 police officer may seize all things reasonably suspected to be instruments of gaming found in such public street, thoroughfare, place or race-course or on or about the person of those whom he shall so arrest, and the Magistrate may, on conviction of the
50
offender, order such instruments to be forthwith destroyed. When anything has been found on or about any person and a court is satisfied that the police officer had reasonable grounds for suspecting that such thing was an instrument of gaming, such circumstance shall, until the contrary is proved, be evidence that such thing was an instrument of gaming and that the person on or about whom the thing was found was present for the purpose of gaming.
1. Substituted by Act 18 of 1975 w.e.f 15.5.1975
88. Power to arrest without warrant persons gaming in public places.—A police officer may arrest and search without warrant, any person gaming or reasonably suspected to be gaming in contravention of sub-section (3) of section 78 or section 87.
89. Assembling in streets for gaming.—Whoever,—
(i) assembles with others in a street gathered for the purpose of gaming or;
(ii) joins any such assembly for the purpose of gaming; shall, on conviction, be punished with fine which may extend to fifty rupees.
90. Printing, publishing or distributing any news or information.—(1) No person shall print, publish, sell, distribute or in any manner circulate any newspaper, news-sheet or other document or any news or information with the intention of aiding or facilitating gaming.
(2) Any person who contravenes the provisions of sub-section (1) shall, on conviction, be punished with imprisonment which may extend to six months and with fine.
(3) Any Police Officer may enter and search any place for the purpose of seizing, and may seize all things reasonably suspected to be used or to be intended to be used, for the purpose of committing an offence under this section.
(4) Any Police Officer may arrest without warrant any person who contravenes the provisions of sub-section (1).
91. Offences by companies.—(1) If the person committing an offence under section 78, 79 or 90 is a company, the company, as well as every person in charge of, and responsible to the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that, nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under section 78, 79, or 90 has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(3) For the purposes of sections 78, 79 and 90, a 'firm' shall be deemed to be a person.
Explanation.—For the purposes of this section,—
(a) "company" means a body corporate, and includes a firm or other association of individuals; and
(b) "director" in relation to a firm, means a partner in the firm.
CHAPTER VIII
OFFENCES AND PUNISHMENTS
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92. Punishment of certain street offences and nuisance.—(1) In any local area to which the Government by notification in the official Gazette from time to time extends this sub-section or any clause thereof, whoever, contrary thereto,—
(a) without lawful excuse drives along, or keeps standing in, any street a vehicle of any description or drags or pushes in any street, a vehicle of any description other than a bicycle at any time between half an hour after sunset and one hour before sunrise without a sufficient light or lights;
(b) without reasonable cause, drives, drags, or pushes any vehicle otherwise than on the near or left side of the road or passes any vehicle except on the right side of it and at any speed higher than what may be prescribed by notification by Government;
(c) leaves in any street insufficiently tended or secured any animal or vehicle;
(d) causes obstruction, injury, danger or alarm in any street, or mischief, by any misbehavior, negligence or ill-usage in the driving, management or care of any animal or vehicle, or drives any vehicle or animal laden with timber, poles or other unwieldy articles through a street, contrary to any regulation made in that behalf and published by a competent authority;
(e) exposes for hire or sale any animal or vehicle, cleans any furniture or vehicle, or cleans, grooms, trains or breaks in any horse or other animal or makes or repairs any vehicle or any part of a vehicle in any street (unless when in the case of an accident repairing on the spot is necessary) or carries on therein any manufacture or operation so as to be a serious impediment to traffic or a serious annoyance to residents or to the public;
(f) (i) causes obstruction in any street by allowing any animal or vehicle which has to be loaded or unloaded or has to take up or set down passengers, to remain or stand therein longer than may be necessary for such purpose; or by leaving any vehicle standing or by fastening any cattle therein, or using any part of a street as a halting place for vehicles or cattle, or by leaving any box, bale, package or other thing whatsoever in or upon a street for an unreasonable length of time;
(ii) or causes obstruction by exposing anything for sale or setting out anything for sale or upon any stall, booth, board, cask, basket or in any other way whatsoever contrary to any regulation made and published by the Commissioner, or a District Magistrate;
(g) causes obstruction on any foot-way, or drives, rides or leaves any animal or drives, drags or pushes any vehicle thereupon;
(h) exhibits, contrary to any regulation made and notified by the Commissioner or a District Magistrate, as the case may be, any mimetic, musical or other performances of a nature to attract crowds or carries or places bulky advertisements, pictures, figures, or emblems in any street whereby an obstruction to passengers or annoyance to the inhabitants may be occasioned;
(i) uses or operates at any place any apparatus for amplifying any musical or other sound, such as a megaphone or loudspeaker, any time between ten o'clock in the night and six o'clock in the morning, whereby any annoyance, disturbance, or discomfort is caused to the inhabitants in the vicinity;
(j) obeys a call of nature or permits a child to do so or bathes or washes his person in or near to and within sight of a street or public place (except in some place set apart for the purpose by order of a competent authority) so as to cause annoyance to the neighbouring residents or to passers by;
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(k) negligently lets loose any horse or other animal, so as to cause danger, injury, alarm or annoyance to the public, or suffers a ferocious dog to be at large without a muzzle, or sets on or urges a dog or other animal to attack, worry or put in fear any person or animal;
(l) bathes or washes in or by the side of a public well, tank, or reservoir, not set apart for such purpose by order of a competent authority or in or by the side of any pond, pool aqueduct, part of a river, stream, nalla or other source or means of water supply in which such bathing or washing is forbidden by order of the competent authority;
(m) defiles or causes to be defiled, the water in any public well, tank, reservoir, pond, pool, aqueduct or a part of a river, stream, nalla or other source or means of water-supply, so as to render the same less fit for any purpose for which it is set apart by the order of the competent authority;
(n) obstructs or incommodes a person bathing at a place set apart for that purpose as aforesaid, by wilful intrusion or by using such place for any purpose for which it is not so set apart;
(o) wilfully and indecently exposes his person, uses indecent language or behaves indecently or riotously or in a disorderly manner in a street or place of public resort, or in any public office;
(p) is drunk and incapable of taking care of himself in a street or place of public resort;
(q) wilfully pushes, presses, hustles or obstructs any passenger in a street, or disturbs the public peace or order, by violent movements, menacing gestures, wanton personal annoyance, screaming, shouting, wilfully frightening horses or cattle, or otherwise;
(r) uses in any street any threatening, abusive or insulting words or behaviour or posts up or affixes or exhibits any indecent, threatening, abusive or insulting paper or drawing with intent to provoke a breach of the peace or whereby a breach of the peace may be occasioned;
(s) begs importunately for alms, or exposes or exhibits, with the object of exacting charity, any deformity or disease or any offensive sore or wound in or near to and within sight of any street;
(t) throws or lays down any dirt, filth, rubbish or any stones or building materials in any street, or causes any offensive matter to run from any house, factory, dung-heap or the like into any street
(u) neglects to fence in or duly to protect any well, tank, or other dangerous place or structure;
(v) without the consent of the owner or occupier, affixes or causes to be affixed any bill, notice or other paper upon any building, wall or fence, or writes upon or defaces or marks any such building, wall or fence;
(w) without the consent of the Government or the public authority concerned, affixes or causes to be affixed any bill, notice or other paper upon any lamp-post, tree, letter-box, transformer, street or any other property belonging to Government or any public authority, or writes upon or defaces or marks or causes to be written upon or defaced or marked, any such lamp-post, tree, letter-box, transformer, street or other property;
(x) spits or throws any dust, ashes, refuse or rubbish in or near to any street, public place or place of public resort so as to cause annoyance to any passerby; (y)1[xxx]1or spits in any court, police station, public office or building occupied by Government or any public body, in contravention of a notice by a competent authority in charge of such place and affixed to such court, station, office or building,
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1. Omitted by Act 2 of 2003 w.e.f ….. shall be punished with fine which may extend to one hundred rupees, provided that imprisonment in default of payment of such fine shall not exceed eight days notwithstanding anything in section 67 of the Indian Penal Code.
1 [(2) (a) The provisions of sub-section (1) or any clause or clauses thereof may be extended by the State Government by notification,—
(i) to such local area as may be specified in such notification; or
(ii) to such local area for such period as may be specified in such notification.
(b) The State Government may at any time rescind any notification issued under sub- clause (i) or sub-clause (ii) of clause (a):
Provided that the issue of a notification under this clause shall not preclude the issue of notification from time to time under sub-clause (i) or sub-clause (ii) of clause (a) in respect of the same local area.]1
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97. Carrying weapon without authority.—Whoever not being a member of the armed forces of the Union and acting as such or a Police Officer, goes armed with sword, spear, bludgeon, gun or other offensive weapon or with any explosive or corrosive substance in any street or public place unless so authorised by lawful authority, shall be liable to be disarmed by any Police Officer, and the weapon or substance so seized shall be forfeited to the State Government, unless redeemed within two months by payment of such fine not exceeding five hundred rupees as the Commissioner or the District Magistrate in areas under his respective charges imposes.
98. Possession of property of which no satisfactory account can be given.— Whoever has in his possession or conveys in any manner, or offers for sale or pawn, anything which there is reason to believe is stolen property, or property fraudulently obtained, shall, if he fails to account for such possession or act to the satisfaction of the Magistrate, on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to one hundred rupees or with both.
99. Omission by pawnbroker, etc., to report to the Police the possession or tender of property suspected to be stolen.—Whoever being a pawnbroker, dealer in second hand property, or worker in metals or reasonably believed by the Commissioner or the Superintendent in the area under their respective charges to be such a person, and having received from a Police Officer a written or printed information that the possession of any property suspected to have been transferred by any offence mentioned in section 410 of the Indian Penal Code or by any offence punishable under sections 417, 418, 419 or 420 of the said Code, is found in possession or thereafter comes into the possession or has an offer either by way of sale, pawn, exchange or for custody, alteration or otherwise, howsoever made to him of property answering the description contained in such information shall, unless,—
(i) he forthwith gives information to the Commissioner or the Superintendent, as the case may be, or at a Police Station, of such possession or offer and takes all reasonable means to ascertain, and to give information as aforesaid of the name and address of the person from whom the possession or offer was received, or
(ii) the property being, as an article of common wearing apparel or otherwise, incapable of identification from the written or printed information given, has in no way concealed after the receipt of such information,
on conviction, be punished with fine which may extend to fifty rupees in respect of each such article of property so in his possession or offered to him.
100. Melting, etc., of such property.—Whoever, having received such information as is referred to in section 99, alters, melts, defaces or puts away or causes or suffers to be altered, melted, defaced or put away without the previous permission of the police, any such property, shall, on proof that the same was stolen property within the meaning of section 410 of the Indian Penal Code, or property in respect of which an offence punishable under sections 417, 418, 419 or 420 of the said Code has been committed, be punished with imprisonment for a term which may extend to three years or with fine or with both.
101. Taking pledge from a child.—Whoever takes from any child not appearing to be above the age of fourteen years any article whatsoever as a pawn, pledge or security for any sum of money lent, advanced or delivered to such child, or without the knowledge and consent of the owner of the article, buys from such child any article whatsoever, shall, on conviction, be punished with fine which may extend to one hundred rupees.
102. Penalty for permitting disorderly conduct at places of public amusements, etc.—Whoever, being the keeper of any place of public amusement or entertainment,
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knowingly permits drunkenness or other disorderly behaviour or any gaming whatever, in such place shall, on conviction be punished with a fine which may extend to one hundred rupees.
103. Penalty for contravention of orders under section 31.—Save as provided in section 105, whoever,-
(a) contravenes any orders made under section 31 or any of the conditions of a licence issued under such order, or
(b) abets the commission of any offence under clause (a), shall, on conviction, be punished,—
(i) if the order under which the said licence was issued was made under clauses(n) and (o) of sub-section (1) of section 31 with fine which may extend to two hundred rupees;
(ii) if the order contravened was made under clause (y) of sub-section (1) of section 31, with imprisonment which may extend to three months or with fine which may extend to five hundred rupees or with both;
(iii) if the order contravened or the order under which the said licence was issued was made under any other clause, with fine which may extend to fifty rupees or in default to simple imprisonment which may extend to eight days.
104. Liability of licensee of place of public entertainment for acts of servants.—The holder of a licence granted under this Act in respect of a place of public entertainment shall be responsible, as well as an actual offender for any offence under section 103 committed by his servants or other agents acting with his express or implied permission on his behalf, as if he himself had committed the same unless he establishes that all due and reasonable precautions were taken by him to prevent the commission of such an offence.
105. Penalty for not obtaining a licence or for not renewing the licence within the specified period in respect of public entertainment.—(1) Whoever fails to obtain a licence under this Act in respect of a place of public entertainment or to renew a licence granted under this Act in respect of such a place within the prescribed period, shall, on conviction, be punished with fine which may extend to fifty rupees.
(2) Any court trying such an offence shall, in addition, direct that the person keeping a place of public entertainment in respect of which an offence has been committed, shall close such place until he obtains the licence, or a fresh licence, as the case may be, in respect thereof and thereupon such person shall forthwith comply with such direction.
(3) If a person fails to comply with any direction under sub-section (2), he shall on conviction, be punished with imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both.
(4) Without prejudice to any action taken under sub-section (3), on failure of such a person to comply with the directions of the court, any Police Officer authorised by the Commissioner or the District Magistrate, as the case may be, by an order in writing, may take or cause to be taken such steps and use or cause to be used such force as may, in the opinion of such officer, be reasonably necessary for securing compliance with the court's direction.
106. Penalty for disobedience to order under section 30.—Whoever contravenes, disobeys, opposes, or fails to conform to an order under section 30 requiring him to vacate any premises, shall, on conviction, be punished with imprisonment which may extend to three months or with fine which may extend to five hundred rupees or with both.
107. Penalty for contravening rules, etc., under section 33 or 34.—Whoever,—
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(a) contravenes any rule made under section 33, or
(b) contravenes, disobeys, opposes or fails to conform to any order given by a Police Officer under section 34,
shall, on conviction, be punished with fine which may extend to1[five hundred rupees]1
108. Penalty for contravention of rules or directions under section 35, 38 or 39,— Whoever disobeys an order lawfully made under section 35, 38 or 39 or abets the disobedience thereof, shall, on conviction, be punished,—
(i) if the order disobeyed or of which the disobedience was abetted was made under sub- section (1) of section 35, or under section 38 or section 39, with imprisonment for a term which may extend to one year but shall not, except for reasons to be recorded in writing, be less than four months and shall also be liable to fine;
(ii) if the said order was made under sub-section (2) of section 35, with imprisonment which may extend to one month or with fine which may extend to one hundred rupees; and
(iii) if the said order was made under sub-section (3) of section 35, with fine which may extend to one hundred rupees.
109. Penalty for contravening orders under section 361[,36A]1 or 37.—Whoever contravenes or disobeys any order or direction made under section 361[,36A]1or section 37 or any conditions of a licence granted thereunder or abets the contravention or disobedience thereof shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both.
1. Inserted by Act 26 of 2011 w.e.f. 26.04.2011.
110. Penalty for contravening direction under section 40 or order under section 41.—(1) Whoever opposes or fails to conform to any direction given by the Police under section 40, shall on conviction, be punished with fine which may extend to two hundred rupees.
(2) Whoever fails to comply with an order made under section 41, shall, on conviction, be punished with fine which may extend to twenty-five rupees for every day that order continues to be disobeyed by him.
111. Penalty for contravention of a regulation made under section 42.- Whoever contravenes or abets the contravention of any regulation made under section 42, shall, on conviction, be punished with imprisonment which may extend to three months or with fine which may extend to two hundred rupees or with both.
112. Penalty for contravening directions under section 70.—Whoever opposes or fails to conform to any direction given by a police officer under section 70 or abets the opposition or failure to do so, shall, on conviction, be punished with fine which may extend to fifty rupees.
113. Penalty for contravention of directions under sections 54, 55, 56 or 63.— Whoever opposes or disobeys or fails to conform to any direction issued under sections 54, 55, 56 or 63 or abets opposition to or disobedience of any such direction shall, on conviction, be punished with imprisonment which may extend to one year, but shall not, except for reasons to be recorded in writing, be less than four months, and shall also be liable to fine.
114. Penalty for entering area from which person has been directed to remove himself.—Notwithstanding anything contained in section 61, any person who, in contravention of a direction issued to him under sections 54, 55, 56 or 63 enters the area from which he was directed to remove himself, shall on conviction, be punished with
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imprisonment for a term which may extend to two years, but shall not, except for reasons to be recorded in writing be less than six months, and shall also be liable to fine.
115. Penalty for failure to surrender in accordance with sub-section (3) of section 62.—Whoever fails without sufficient cause to surrender in accordance with sub-section (3) of section 62, shall, on conviction, be punished with imprisonment which may extend to two years and shall also be liable to fine.
116. Penalty for contravention of orders under section 64.—(1) Whoever contravenes any order made under sub-section (1) of section 64, shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine or with both.
(2) Whoever contravenes any order made under sub-section (2) of section 64, shall, on conviction, be punished with imprisonment for a term which may extend to three years or with fine or with both.
117. Neglect or refusal to serve as Special Police Officer.—Any person who having been appointed a Special Police Officer under section 19, without sufficient cause, neglects or refuses to serve as such or to obey any lawful order or direction that may be given to him for the performance of his duties, shall, on conviction, be punished with fine which may extend to fifty rupees.
118. Penalty for making false statement, etc., and for misconduct of Police Officer.—(1) (i) Any person who makes a false statement or uses a false document for the purposes of obtaining employment or release from employment as a Police Officer, or
(ii) any Police Officer who,—
(a) contravenes the provisions of section 28; or
(b) is guilty of cowardice; or
(c) resigns his office or withdraws himself from the duties thereof in contravention of section 27; or
(d) is guilty of any wilful breach, or neglect of any provision of law or of any rule or order which, as such Police Officer, it is his duty to observe or obey, or
(e) is guilty of any violation of duty for which no punishment is expressly provided by any other law in force,
shall, on conviction be punished 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) A Police Officer who, being absent on leave, fails, without reasonable cause, to report himself for duty on the expiration of such leave, shall, for the purposes of sub-clause (c) of clause (ii) of sub-section (1) be deemed to withdraw himself from the duties of his office within the meaning of section 27.
119. Penalty for failure to deliver up certificate of appointment or of office or other article.—Any Police Officer, who wilfully neglects or refuses to deliver up his certificate of appointment or of office or any other article, in accordance with the provisions of sub-section
(1) of section 29, shall, on conviction, be punished with imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees or with both.
120. Vexatious entry, search, arrest, etc., by a Police Officer.—Any Police Officer who,—
(a) without lawful authority or reasonable cause enters or searches, or causes to be entered or searched, any building, room, enclosure, vehicle, vessel, tent or place; or
(b) vexatiously and unnecessarily seizes the property of any person; or
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(c) vexatiously and unnecessarily detains, searches or arrests any person; or
(d) offers any unnecessary personal violence to any person in his custody; or
(e) holds out any threat or promise not warranted by law, shall for every such offence, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees, or with both.
121. Penalty for vexatious delay in forwarding a person arrested.—Any Police Officer who veraciously and unnecessarily delays forwarding any person arrested to a1[Judicial Magistrate]1or to any other authority to whom he is legally bound to forward such person, shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both.
122. Penalty for opposing or not complying with direction given under section 72.— Whoever opposes or fails forthwith to comply with any reasonable direction given by a Magistrate or a Police Officer under section 72 or abets opposition thereto or failure to comply therewith, shall, on conviction, be punished with imprisonment for a term which may extend to one year, but shall not, except for reasons to be recorded in writing, be less than four months and shall also be liable to fine.
123. Penalty for causing disaffection, etc.—(1) Whoever intentionally causes or attempts to cause, or does any act which he knows is likely to cause, disaffection towards the Government established by law in India, among the members of the police force, or induces or attempts to induce, or does any act which he knows is likely to induce, any member of the police force to withhold his services or to commit a breach of discipline shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to two hundred rupees, or with both.
Explanation.—Expressions of disapprobation of the measures of the Government with a view to obtain their alteration by lawful means, or of the disapprobation of the administrative or other action of the Government, do not constitute an offence under this section unless they cause or are made for the purpose of causing or likely to cause disaffection.
(2) Nothing shall be deemed to be an offence under this section which is done in good faith,—
(a) for the purpose of promoting the welfare or interests of any member of the police force by inducing him to withhold his services in any manner authorised by law; or
(b) by or on behalf of any association formed for the purpose of furthering the interests of members of the police force as such, where the association has been authorised or recognised by the Government and the act done is done under any rules or articles of the association which have been approved by the Government.
(3) No court shall take cognizance of any offence under this section except with the previous sanction, or on the complaint, of the District Magistrate.
(4) No court inferior to that of a magistrate of the first class shall try any offence under this section.
(5) Notwithstanding anything contained in Chapter XXII of the Code of Criminal Procedure, 1898, no offence under this section shall be triable summarily.
124. Jurisdiction when offender is a Police Officer above the rank of a constable.— Offences against this Act, when the accused person or any one of the accused persons is a Police Officer above the rank of a constable, shall not be cognizable except by a Magistrate not lower than a Magistrate of the second class.
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125. Penalty for unauthorised use of police uniform.—If any person not being a member of the police force wears, without the permission of the officer authorised by the Government in this behalf or by a general or special order for any area in the State, the uniform of the police force or any dress having the appearance or bearing any of the distinctive marks of that uniform, he shall, on conviction be punished with fine which may extend to two hundred rupees.
126. Prosecution for certain offences against the Act to be in the discretion of the police.—It will not except in obedience to a rule or order made by the Government or by the competent authority, be incumbent on the Police to prosecute for an offence punishable under sections 92, 93, 103, 106, 110, 111 or 117 when such offence has not occasioned serious mischief and has been promptly desisted from on warning given.
127. Summary disposal of certain cases.—(1) A court taking cognizance of an offence punishable1[under sub-section (1) of section 92 or]1under clause (iii) of section 103, for contravention of an order made under clause (b) of sub-section (1) of section 31, may state upon the summons to be served on the accused person that he may, by a specified date prior to the hearing of the charge, plead guilty to the charge by registered letter and remit to the Court such sum, not exceeding twenty-five rupees, as the court may specify.
(2) Where an accused person pleads guilty and remits the sum specified, no further proceedings in respect of the offence shall be taken against him.
128. Prosecution for offences under other enactments not affected.—Nothing in this Act shall be construed to prevent any person from being prosecuted and punished under any other enactment for any offence made punishable by this Act or from being prosecuted and punished under this Act for an offence punishable under any other enactment:
Provided that all such cases shall be subject to the provisions of section 403 of the Code of Criminal Procedure, 1898.
CHAPTER IX
VILLAGE POLICE
129. Constitution of Village Police.—The village Police shall consist of a police patel and such village police officers of such grades as may be prescribed.
130. Administration, control and direction of village police in whom vested.—The administration of the village police in each district shall, under the general control and direction of the Government be exercised by the District Magistrate.
131. Power to delegate.—The District Magistrate may with the sanction of the Government delegate any of his powers under this Chapter to,—
(i) the Superintendent; and
(ii) any officer of the Revenue Department in the district exercising the powers of a Magistrate.
Such officer is hereinafter referred to in this Chapter as "the authorised officer".
132. Village Police in village to be under charge of Police Patel.—(1) Subject to such rules which may be made by the Government in this behalf, the village police in each village shall be appointed by the District Magistrate and shall be under the charge of such person as the District Magistrate shall appoint in writing as the Police Patel.
(2) In any village or place, where the duties cannot be efficiently performed by one police patel, the District Magistrate may appoint one or more additional Police Patels and place them in charge of different divisions into which the village or place may be divided for police purposes.
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(3) The District Magistrate may also appoint a Police Patel for more than one village.
133. Duties of Police Patel.—The Police Patel shall, subject to the orders of the District Magistrate,—
(i) act under the orders of the authorised officer and within whose jurisdiction the village is situated;
(ii) furnish such authorised officer with any returns or information called for and keep him informed as to the state of crime and all matters connected with the Village Police;
(iii) afford all police officers every assistance in his power when called upon by them for assistance in the performance of their duties;
(iv) obey and execute all orders issued to him by a Magistrate or a Police Officer;
(v) collect and communicate to the Police Officer information affecting the public peace;
(vi) detect and bring offenders in the village to justice;
(vii) arrest persons whom he has reason to believe to have committed cognizable offences; and
(viii) prevent within the limits of his village, as far as possible, the commission of offences and public nuisances.
134. Authority over the village servants.—The Police Patel shall have authority to require all village servants, in whatever capacity ordinarily employed, to aid him in performing the duties entrusted to him; and it shall be the duty of the village revenue accountant, whether hereditary or stipendiary, to help the Police Patel in the preparation of returns and proceedings.
135. Precautions against robbery, etc.—The Police Patel shall arrange for the distribution of the village police in the village so as to afford utmost possible security against robbery, breach of the peace and acts injurious to the public and to the village community and shall report to the Magistrate or officer in charge of the police station within whose local jurisdiction the village is situated, all instances of misconduct or neglect committed by any member of the village police.
136. Information received regarding commission of cognizable offences.—The Police Patel shall convey to the police officer in charge of a police station within whose local jurisdiction the village is situated, immediate report of the information which he may receive respecting the commission within the limits of his village of murders, dacoities, robberies, thefts, mischiefs by fire and other cognizable offence and shall take necessary measures to preserve the evidence and protect properties connected with the offence, pending the arrival of such police officer.
137. Penalties for neglect of duty and punishment.—(1) The District Magistrate or the authorised officer may for misconduct, neglect of duty, or for any other sufficient cause, impose on any police patel or member of the village police liable to be called upon for the performance of police duties, any of the following punishments, namely:—
(i) fine not exceeding one-fourth of the annual emoluments of his office;
(ii) suspension from office for a period not exceeding six months.
(2) Subject to the provisions of Article 311 of the Constitution, the District Magistrate may, for misconduct, neglect of duty or other sufficient cause, impose on any Police Patel or member of the village police liable to be called for the performance of police duties the punishment of removal or dismissal from office.
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(3) Any person aggrieved by an order under sub-section (1) or (2), may within sixty days from the date of receipt of such order, appeal to the prescribed officer and the decision of the prescribed officer on such appeal shall be final.
138. Liability to criminal prosecution not affected.—Nothing in the last preceding section shall affect the liability of any Police Patel or other member of the village police to criminal prosecution for any offence with which he may be charged.
139. Information to Officer in charge of Police Station, when a criminal in the village has escaped or is not known.—If an offence has been committed within the limits of the village and the offender has escaped or is not known, the Police Patel shall forward immediate information to the officer in charge of the police station within whose local jurisdiction the village is situated.
140. Information regarding unnatural or sudden death or corpse found in the village.—If any unnatural or sudden death occurs or any corpse be found within the limits of the village, the Police Patel shall send immediate written information to the officer in charge of the police station within whose local jurisdiction the village is situated and shall assist such Police Officer in any inquest, inquiry or investigation which may be held in respect of such death.
141. Police Patel to arrest person whom he believes to have committed a cognizable offence, and forward him to the police station, etc.—(1) It shall be lawful for the Police Patel to arrest any person within the limits of his village, who, he may have reason to believe has committed an offence for which a Police Officer may arrest without warrant and to forward such person within twenty-four hours of such arrest, together with all articles likely to be useful as evidence to the officer in charge of the police station within whose local jurisdiction the village is situated.
(2) The Police Patel shall have authority in carrying out any pursuit of alleged criminals to enter and act within the limits of other villages, provided that in such cases immediate information shall be sent to the Police Patel of the village so entered who shall afford all assistance in his power to continue the pursuit.
142. Unclaimed Property.—It shall be lawful for the Police Patel to take charge of all unclaimed property found within the village limits or made over to him under the provisions of this Act. He shall forthwith make a report to the District Magistrate or the authorised officer and act thereafter as he may be directed by the said Magistrate, or officer.
143. Provision in case of absence, sudden illness, etc., of Police Patel.—When the Police Patel is unable to attend to his duty on account of absence from the village, sudden illness or other cause, he shall place a competent member of the Village Police in charge of his office and make an immediate report to the District Magistrate or authorised officer to whom he is subordinate. The person so placed in charge shall, until receipt of orders to the contrary, be subject to the rights and liabilities of a Police Patel under this Act.
CHAPTER X
STATE RESERVE POLICE FORCE
144. Definitions.—In this Chapter, unless the context otherwise requires,—
(a) "active duty" means,—
(i) the duty to investigate offences involving a breach of peace or danger to life or property and to search for and apprehend persons concerned in such offences or who are so desperate and dangerous as to render their being at large hazardous to the community;
(ii) the duty to take all adequate measures for the extinguishing of fires or to prevent damage to person or property on the occasion of such occurrences as fires, floods,
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earthquakes, enemy action or riots and to restore peace and preserve order on such occasions;
(iii) such other duty as may be specified to be active duty by the Government or the Inspector-General in a direction issued under section 151;
(b) 'Commandant' and 'Assistant Commandant' mean respectively persons appointed to be those officers by Government under section 146;
(c) 'follower' means any person appointed to do the work of a cook, mess servant, washerman, cobbler, barber, tailor, sweeper or an orderly in connection with the State Reserve Police Force;
(d) 'members of the subordinate ranks' means members of the State Reserve Police of and below the rank of Subedar Major;
(e) 'Reserve Police Officer' means any member of the State Reserve Police Force established under this Chapter;
(f) 'superior officer' means in relation to any Reserve Police Officer, a Reserve Police Officer of a higher rank than, or of a higher grade in the same class as, or of the same rank as, but senior to, himself.
145. Constitution of the State Reserve Police Force.—(1)1[The Government may establish]1and maintain an armed reserve police force known as the State Reserve Police Force, in such manner as may be prescribed.
(2) The Government or any officer empowered by it in this behalf may,—
(a) divide the State Reserve Police Force into battalions;
(b) sub-divide each battalion into companies and each company into platoons;
(c) post any battalion, company or platoon at such places as the Government or the officer empowered by it in this behalf may deem fit.
146. Superintendence, control and administration of Force.—(1) The Government may appoint for each battalion a Commandant who shall be a person of the rank of a Superintendent and Assistant Commandments of the rank of Deputy Superintendents.
(2) The Commandant, the Assistant Commandant, and every such other officer so appointed shall have and may exercise such powers and authority as may be provided by or under this Act.
(3) Subject to the general or special orders of the Government the Inspector-General of Police shall appoint the Subedar Majors and Subedars.
147. Enrolment.—(1) Before any person appointed to be a Reserve Police Officer joins his appointment a declaration in the form in Schedule II shall be read out and, if he so desires, explained to him in the presence of a Commandant or an Assistant Commandant or a Police Officer not lower in rank than a Superintendent or a Deputy Commissioner of Police and shall be signed by him in token of his having undertaken to abide by the conditions prescribed therein. The declaration shall then be attested by such Commandant, Assistant Commandant or Police Officer, as the case may be.
(2) No Reserve Police Officer shall resign his appointment except in accordance with the terms of the declaration signed by him under sub-section (1).
(3) If any Reserve Police Officer resigns in contravention of this section, he shall be liable, without prejudice to any other penalty imposed by this Act or any other law for the time being in force, on the order of the Commandant to forfeit all arrears of pay due to him.
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148. Transfers.—(1) Notwithstanding anything contained in this Act, it shall be competent for the Government to transfer members of the Police Force appointed under Chapter II, to the State Reserve Police Force established under this Chapter and vice versa:
Provided that the Government may delegate its power under sub-section (1) in so far as it relates to the members of the subordinate ranks of the respective Police Force to the Inspector-General.
(2) On the transfer of a member of the Police Force appointed under Chapter II to the State Reserve Police Force established under this Chapter, or vice versa, he shall be deemed to be a member of the Police Force to which he is transferred and in the performance of his functions, he shall, subject to such orders as the Government may make, be deemed to be vested with the powers and privileges and be subject to the liabilities, of a member of such grade in the Police Force to which he has been transferred, as may be specified in the orders.
149. Certificate of appointment.—(1) A Subedar Major and Subedar shall, on appointment, receive from the Inspector-General a certificate of appointment containing particulars of his name, age and his previous service, if any.
(2) Every Reserve Police Officer below the rank of a Subedar shall on appointment receive a certificate in the form of Schedule III, which shall be issued under the seal of the Commandant.
(3) Every person who for any reason ceases to be a Reserve Police Officer, shall forthwith deliver up to an officer empowered by the Commandant to receive the same, his certificate of appointment and the arms, accoutrements, clothing and other necessaries which have been furnished to him for the execution of his office.
150. General powers of Commandant.—The Commandant shall, subject to the orders of the Inspector-General of Police, direct and regulate all matters of arms, drill, exercise, mutual relations, distribution of duties, and all the matters of executive detail in the fulfilment of their duties by the members of the battalion in his charge.
151. General duties of members of the State Reserve Police Force.—(1) Every Reserve Police Officer shall, for the purposes of this Act, be deemed to be always on duty in the1[State of Karnataka]1and any Reserve Police Officer and any member or body of Reserve Police Officers may, if the Government or the Inspector-General of Police so directs, be employed on active duty for so long as and wherever the service of the same may be required.
(2) Every direction issued under sub-section (1) shall specify that the duty on which any Reserve Police Officer or any member or body of such officers is directed to be employed shall be deemed as active duty for the purpose of this Act.
Explanation.—The direction of the Government or of the Inspector-General of Police whether a Reserve Police Officer is required or is on active duty shall be final.
(3) A Reserve Police Officer employed on active duty under sub-section (1), or when a member or body of Reserve Police Officers are so employed, the officer in charge of such member or body shall be responsible for the efficient performance of that duty and all police officers who but for the employment of one or more reserve police officers or body of reserve police officers would be responsible for the performance of that duty will, to the best of their ability, assist and co-operate with the said reserve police officer or officers in charge of a member or body of reserve police officers.
152. Reserve Police Officer to be deemed to be in charge of Police Station.—(1) When employed on active duty at any place under sub-section (1) of section 151, the senior
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reserve police officer of the highest rank not being lower than that of a Naik present shall be deemed to be an officer in charge of the police station for the purposes of Chapter IX of the Code of Criminal Procedure, 1898.
(2) Notwithstanding anything contained in sections 100 and 103 of the Indian Penal Code, a Reserve Police Officer employed as aforesaid may, when there is reasonable apprehension of assault on himself or any Reserve Police Officer or of damage or harm to any property or person which or whom it is his duty to protect, use such force to the wrong doer or assailant as may be reasonably necessary even though the use of such force may involve risk of death of the wrong doer or the assailant or any other person assisting such wrong doer or assailant.
153. Offence in respect of resignation contrary to provisions.—If any reserve police officer resigns his appointment in contravention of section 147, he shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees or with both.
154. Offence in respect of refusal to deliver certificate of appointment, etc.—Any reserve police officer who wilfully neglects or refuses to deliver up his certificate of appointment or any other article in accordance with sub-section (3) of section 149, shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both.
155. More heinous offences.—Every Reserve Police Officer who,—
(a) begins, excites, causes, or conspires to cause or joins in any mutiny, or being present at any mutiny, does not use his utmost endeavours to suppress it by force of arms, if necessary, or knowing, or having reason to believe in, the existence of any mutiny, or of any intention or conspiracy to mutiny or of any conspiracy against the State does not, without delay, give information thereof to his superior officer present at or near the place, or
(b) uses, or attempts to use criminal force to, or commits an assault on his superior officer, knowing or having reason to believe him to be such, whether on or off duty; or
(c) shamefully abandons or delivers up any post, guard, building, fortification, or property which is committed to his charge, or which it is his duty to defend; or
(d) in the presence of any person in arms against whom it is his duty to act, shamefully casts away his arms or his ammunition or intentionally uses words of any other means to induce any reserve police officer or any police officer to abstain from acting against any such person in arms, or to discourage such officer from acting against any such person in arms or who is otherwise guilty of cowardice or misbehavior in the presence of any such person in arms; or
(e) directly or indirectly holds correspondence with, or communicates intelligence to, or assists, or relieves, any person in arms against the State, or any person conspiring against Government or public security or any person to be arrested, or omits to discover immediately to his superior officer present, any such correspondence or communication coming to his knowledge; or
(f) directly or indirectly sells, gives away, or otherwise disposes, or agrees to, or assists in, the sale, gift or disposal of any arms, ammunition or equipment to any such person as aforesaid, or knowingly harbors or protects any such person; or
(g) while on active duty,—
(i) disobeys the lawful command of his superior officer; or
(ii) deserts his force or his post; or
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(iii) being a sentry, or otherwise detailed to remain alert, sleeps at his post or quits it without being regularly relieved or without leave; or
(iv) without authority leaves his commanding officer for any purpose whatsoever; or
(v) uses criminal force to, or commits an assault on, any person whom he has not any reason to believe to be in arms against the State and against whom it is his duty to act, or without authority breaks into any house or other place for plunder or any illegal purpose, or wilfully and unnecessarily plunders, destroys or damages any property of any kind; or
(vi) intentionally causes or spreads a false alarm in action or in camp, garrison or quarters,
shall, on conviction, be punished with rigorous imprisonment for a term which may extend to fourteen years and shall also be liable to fine.
Explanation.—A Reserve Police Officer shall be deemed to desert the force if he leaves his place of duty or posting without the permission of his superior officer and he shall be deemed to desert his post if he leaves any sentry, beat, point, building, vehicle, or other place at which or in which he is specifically ordered by his superior officer to perform the duty assigned to him.
156. Less heinous offences.—Every Reserve Police Officer who,-
(a) assaults or uses or attempts to use criminal force to any sentry; or
(b) being in command of a guard, piquet or patrol, refuses to receive any prisoner lawfully made over to his charge, or whether in such command or not, releases any prisoner or person without proper authority or negligently suffers any prisoner or person to escape; or
(c) being in command of a guard, piquet or patrol, permits any person belonging to such guard, piquet or patrol to engage himself in gambling or other behaviour prejudicial to good order and discipline; or
(d) being under arrest or in confinement, leaves his arrest or confinement before he is set at liberty by lawful authority; or
(e) is grossly insubordinate to his superior officer in the execution of his office; or
(f) refuses to superintend or assist in making or carrying out of any construction of any description ordered to be made either in quarters or in the field; or
(g) assaults or otherwise ill-uses any reserve police officer with reference to whom he is a superior officer; or
(h) designedly or through neglect damages or loses or fraudulently or without due authority disposes of his arms, clothes, tools, equipment, ammunition, accoutrements or other necessaries furnished to him for the execution of his office or any such articles entrusted to him or to any other person; or
(i) malingers, feigns, or produces disease or infirmity in himself or intentionally delays his cure or aggravates his disease or infirmity; or
(j) with intent to render himself or any other person unfit for duty, voluntarily causes hurt to himself or any other person; or
(k) commits extortion or without lawful authority extorts from any person carriage, porterage or provisions; or
(l) willfully or negligently ill-treats, injures or causes the death of any animal or damages, loses, or makes away with any animal or vehicle used in the public service,
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shall, on conviction, be punished with rigorous imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both.
157. Reserve Police Officer in command to give information of offences committed under the Act by Reserve Police Officer under his charge.—A Reserve Police Officer who, being in command of any guard, piquet, party, patrol or detachment and knowing of the commission or of a design to commit any offence punishable under the preceding three sections, by or on the part of any reserve police officer under his command, intentionally omits or without reasonable excuse, the burden of proving which shall lie on him, fails to give information of such commission or design to his superior officer shall, on conviction, be punished with rigorous imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both.
158. Place of imprisonment and liability to dismissal on imprisonment.—(1) Every person sentenced under this Act to imprisonment may be dismissed from the State Reserve Police Force, and his pay, allowance and any other moneys due to him, as well as any medals and decorations received by him shall further be liable to forfeiture.
(2) Every such person shall, if he is so dismissed, be imprisoned in the prescribed prison, but if he is also not dismissed from the State Reserve Police Force, he may, if the Court so directs, be confined in the quarter-guard or such other place as the Court may consider suitable.
159. Minor punishments.—(1) A Commandant, or subject to the control of the Commandant, an Assistant Commandant or subject to the same control, an officer not below the rank of Jamadar in independent command of a detachment or an outpost or in temporary command of Group Headquarters during the absence of the Commandant or Assistant Commandant may award to any reserve police officer not higher in rank than a Battalion Havildar Major or to any follower subject to his authority, any of the following punishments for the commission of any offence against discipline which is not otherwise provided for in this Act, or which in the opinion of the Commandant, Assistant Commandant or officer, as the case may be, is not of sufficiently serious nature to call for the prosecution before a criminal court, that is to say,—
(a) punishment drill, extra guard, fatigue or any other duty for a term which may extend when the order is passed by the Commandant to fourteen days, and, when the order is passed by any other officer, to seven days;
(b) forfeiture of pay and allowance or such portion of pay and allowance as he considers necessary for a period which may extend, when the order is passed by the Commandant, to one month, and when the order is passed by any other officer, to ten days;
(c) fine to an amount not exceeding one month's pay:
Provided that,—
(i) no power under this sub-section shall be exercised by a Commandant or Assistant Commandant or other officer not below the rank of a Jamadar unless the person to be awarded any of these punishments is under the command of such officer at the time when the breach of discipline or misconduct occurred and also when the power is exercised, and
(ii) when more than one officer are competent under proviso (i) to exercise the power, the most senior of such officers shall exercise the power.
(2) Any of the punishments specified in sub-section (1) may be awarded separately or with any one or more of the others:
Provided that fine shall not be awarded in combination with forfeiture of pay or allowances.
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(3) No appeal shall lie from any order or punishment passed under this section except from an order of punishment of fine as provided in sub-section (4).
(4) An appeal against any order awarding punishment of fine shall lie to the Government or to such officer as the Government may by general or special order specify in this behalf.
(5) Whenever a Commandant or an Assistant Commandant or other officer passes an order under sub-section (1), he shall enter in a book to be kept for the purpose a brief description of the default, together with the names of witnesses, explanation of the defaulter and the order of punishment and shall sign and date each such order.
160. Protection for acts of members of Force.—(1) In any suit or proceeding against any member of the State Reserve Police Force for any act done by him in pursuance of a warrant or order of a competent authority, it shall be lawful for him to plead that such act was done by him under the authority of such warrant or order.
(2) Any such plea may be proved by the production of the warrant or order directing the act, and if it is so proved, the member of the said Force shall thereupon be discharged from liability in respect of the act so done by him, notwithstanding any defect in the jurisdiction of the authority which issued such warrant or order.
161. Reserve police officer to be a police officer.—Except as specifically provided in this Chapter, every Reserve Police Officer shall for all purposes be deemed to be a police officer as defined in section 2, and the provisions of this Act shall except in so far as they are inconsistent with the provisions of this Chapter apply to every such Reserve Police Officer.
CHAPTER XI
MISCELLANEOUS
162. Disposal of fees, rewards, etc.—All fees paid for licences or written permissions issued under this Act, and all sums paid for the service of processes by Police Officers, and all rewards, forfeiture and penalties or shares thereof which are by law payable to Police Officers as informers, shall save in so far as any such fees or sums belong under the provisions of any enactment in force to any local authority, be credited to the Government:
Provided that with the sanction of the Government, or under any rule made by the Government in that behalf the whole or any portion of such reward, forfeiture or penalty may, for special services, be paid to a Police Officer, or be divided amongst two or more Police Officers.
163. Power of Government to make rules.—(1) The Government may, after previous publication, by notification in the official Gazette make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(i) organisation and regulation of the Village Police such as (a) the relation of members of the Village Police Force to one another and to the regular Police, (b) the power or duties of Village Police Officers of different grades, (c) the manner of appointment of Police Patel and other Village Police Officers and the procedure to be followed in making such appointment;
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(ii) for the registration, surveillance, and control of gangs or classes or persons believed to be addicted to the systematic commission of crime and for the recording of finger impressions by the Police of any person who,—
(a) is in custody for a non-bailable offence, or
(b) has no settled abode and is suspected to
(c) is a member of a gang or class of persons generally addicted to crime;
(iii) (a) regulation of the number, classes and grades of the State Reserve Police force and its administration and inspection;
(b) recruitment, organisation, classification, and discipline of the subordinate ranks of the State Reserve Police; and
(c) description and quantity of arms, accoutrements, clothing and other necessaries to be furnished to the members of the Police.
(d) disposal of property taken charge under section 75.
(3) For every breach of any rule under clause (ii) of sub-section (2), the offender shall, on conviction, be punished with imprisonment not exceeding eight days or with fine not exceeding ten rupees.
(4) All rules made by the Government under this Act, shall be laid as soon as may be after they are made, before each House of the State Legislature while it is in session, for a total period of thirty days, which may be comprised in one session or in two successive sessions and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything done under that rule.
(5) All rules made under this Act shall, subject to any modification made under sub- section (4), have effect as if enacted in this Act.
164. Method of proving orders and notifications.—Any order or notification published or issued by the Government or by a Magistrate or Officer under any provision of this Act, and the due publication or issue thereof, may be proved by production of a copy thereof, in the official Gazette or of a copy thereof signed by such Magistrate or Officer, and by him certified to be a true copy of the original published or issued according to the provisions of the section of this Act applicable thereto.
165. Rules and order not invalidated by defect in form or irregularity in procedure.—No rule, order, direction, adjudication, inquiry or notification made or published, and no act done under any provision of this Act or of any rule made under this Act, or in substantial conformity to the same, shall be deemed illegal, void, invalid or insufficient by reason of any defect of form or any irregularity of procedure.
166. Presumptions in prosecutions for contravention of directions issued under sections 54, 55, 56, or 63.—Notwithstanding anything contained in any law for the time being in force in a prosecution for an offence for the contravention of a direction issued under sections 54, 55, 56, or 63 on the production of an authentic copy of the order, it shall, until the contrary is proved and the burden of proving which shall lie on the accused, be presumed,—
(a) that the order was made by the authority competent under this Act to make it;
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(b) that the authority making the order was satisfied that the grounds on or the purpose for which it was made existed and that it was necessary to make the same; and
(c) that the order was otherwise valid and in conformity with the provisions of this Act.
167. Officers holding charge of, or succeeding to, vacancies competent to exercise powers.—Whenever in consequence of the office of a Commissioner, or Police Officer becoming vacant, any officer holds charge or additional charge of the post of such Commissioner, or Police Officer or succeeds, either temporarily or permanently, to his office, such officer shall be competent to exercise all the powers and perform all the duties respectively conferred and imposed by this Act on such Commissioner, or Police Officer, as the case may be.
168. Forfeiture of bond entered into by person permitted to enter or return to the area from which he was directed to remove himself.—If any person permitted under sub- section (1) of section 62 fails to observe any condition imposed under the said sub-section or in the bond entered into by him under sub-section (2) of the said section, his bond shall be forfeited and any person bound thereby shall pay the penalty thereof or show cause to the satisfaction of the court why such penalty should not be paid.
169. Protection of Magistrate, Police Officer or public servant.—(1) No Magistrate or Police Officer shall be liable to any penalty or to payment of damage on account of any act done in good faith in pursuance or intended pursuance of any duty imposed on any authority conferred on him by any provision of this Act or of any other law for the time being in force or any rule, order or direction made or given therein.
(2) No public servant or person duly authorised or appointed shall be liable to any penalty or to payment of any damages for giving effect in good faith to any such order or direction issued with apparent authority by the Government or by a person empowered in that behalf under this Act or any rule or order or direction made or given thereunder.
170. Suits or prosecutions in respect of acts done under colour of duty as aforesaid not to be entertained without sanction of Government.—(1) In any case of alleged offence by the Commissioner, a Magistrate, Police Officer or Reserve Police Officer or other person, or of a wrong alleged to have been done by such Commissioner, Magistrate, Police Officer or Reserve Police Officer or other person, by any act done under colour or in excess of any such duty or authority as aforesaid, or wherein it shall appear to the court that the offence or wrong if committed or done was of the character aforesaid, the prosecution or suit shall not be entertained except with the previous sanction of the Government.
(2) In the case of an intended suit on account of such a wrong as aforesaid, the person intending to sue shall be bound to give to the alleged wrongdoer one month's notice at least of the intended suit with sufficient description of the wrong complained of, failing which such suit shall be dismissed.
(3) The plaint shall set forth that a notice as aforesaid has been served on the defendant and the date of such service, and shall state whether any, and if so, what tender of amends has been made by the defendant. A copy of the said notice shall be annexed to the plaint endorsed or accompanied with a declaration by the plaintiff of the time and manner of service thereof.
171. Licences and permissions to specify conditions, etc. and to be signed.—(1) Any licence or written permission granted under the provisions of this Act shall specify the period and locality for which, and the conditions and restrictions subject to which, the same
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is granted, and shall be given under the signature of the competent authority and such fee shall be charged therefor as is prescribed by any rule under this Act in that behalf.
(2) Any licence or written permission granted under this Act may at any time be suspended or revoked by the competent authority if any of its conditions or restrictions is infringed or evaded by the person to whom it has been granted if such person is convicted of any offence in any matter to which such licence or permission relates.
(3) When any such licence or written permission is suspended or revoked, or when the period for which the same was granted has expired, the person to whom the same was granted, shall, for all purposes of this Act, be deemed to be without a licence or written permission, until the order for suspending or revoking the same is cancelled, or until the same is renewed, as the case may be.
(4) Every person to whom any such licence or written permission has been granted shall, while the same remains in force, at all reasonable times produce the same, if so required by a Police Officer.
Explanation.—For the purpose of this section any such infringement or evasion by, or conviction of, a servant or other agent acting on behalf of the person to whom the licence or written permission has been granted shall be deemed to be infringement, or evasion by or as the case may be, conviction of, the person to whom such licence or written permission has been granted.
172. Public notices how to be given.—Any public notice required to be given under any of the provisions of this Act shall be in writing under the signature of a competent authority and shall be published in the locality to be affected thereby, affixing copies thereof in conspicuous public places, or by proclaiming the same with beat of drums, or by advertising the same in such local newspapers, as the said authority may deem fit, or by any two or more of these means and by any other means it may think suitable.
173. Consent, etc., of a competent authority may be proved by writing under his signature.—Whenever under this Act, the doing or the omitting to do anything or the validity of anything depends upon the consent, approval, declaration, opinion or satisfaction of a competent authority a written document signed by a competent authority purporting to convey or set forth such consent, approval, declaration, opinion or satisfaction shall be sufficient evidence thereof.
174. Signature on notices, etc., may be stamped.—Every licence, written permission, notice or other document, not being a summons or warrant or search warrant, required by this Act, or by any rule thereunder to bear the signature of the Commissioner, shall be deemed to be properly signed if it bears a facsimile of his signature stamped thereon.
175. Saving in respect of rescission of certain provisions.—When,—
(i) any rule or order is made under this Act for a limited period, or
(ii) any rule or order made under this Act is rescinded, or
(iii) any provision of sub-section (1) of section 92 is extended to any local area for a limited period, or
(iv) the extension of any provision of sub-section (1) of section 92 to any local area is rescinded,
the provisions of section 6 of the1[Karnataka]1General Clauses Act, 1899, shall be applicable as if the rule, order or provision in question were a permanent enactment and had been repealed immediately before its expiry or recession, as the case may be.
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176. Saving of games of skill.—For the removal of doubts it is hereby declared that the provisions of sections 79 and 80 shall not be applicable to the playing of any pure game of skill and to wagering by persons taking part in such game of skill.
177. Persons interested may apply to Government to annul, reverse or alter any order.—In the case of any rule or order made by the Government under an authority conferred by this Act and requiring the public or a particular class of persons to perform some duty or act, or to conduct or order themselves or those under their control in a manner therein described, it shall be competent to any person interested to apply to the Government, to annul, reverse or alter the rule or order aforesaid on the ground of its being unlawful, oppressive or unreasonable.
(2) After such an application as aforesaid and the rejection thereof wholly or in part or after the lapse of six months without an answer to such application or a decision thereon published by the Government, it shall be competent to the person interested and deeming the rule or order contrary to law to institute a suit against the State for a declaration that the rule or order is unlawful either wholly or in part. The decision in such suit shall be subject to appeal; and a rule or order finally adjudged to be unlawful shall by the Government be annulled or reversed or so altered as to make it conformable to law.
178. Repeal and saving.—The enactments mentioned in Schedule IV and any other laws or rules corresponding to any provision of this Act are hereby repealed:
Provided that the provisions of section 6 of the1[Karnataka]1General Clauses Act, 1899, shall be applicable in respect of the repeal of the said enactments and laws and sections 8 and 24 of the said Act shall be applicable as if the said enactments and laws had been repealed and re-enacted by this Act.
179. Power to remove difficulties.—If any difficulty arises in giving effect to the provisions of this Act in consequence of the transition to the said provisions from the provisions of the Acts in force immediately before the commencement of this Act, the Government may, by notification in the official Gazette, make such provisions as appear to it to be necessary or expedient for removing the difficulty.
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SCHEDULE I
(See section 13). Certificate of Appointment in the Police Force.
1 [State of Karnataka] 1
No . . . . . . . . . Certificate of appointment issued under Photograph to be affixed the1[Karnataka]1Police Act, 1963 . . . . . . in the case of Inspectors
. . . . . . . . . . . . . . . . . . and Sub-Inspectors. Shri . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . has been appointed as . . . . . . . . . . . . . . and is invested with the powers, functions and privileges of a Police Officer under
the1[Karnataka]1Police Act, 1963 (1[Karnataka]1Act 4 of
On the . . . . . . . . . day of . . . . . . .19 . Seal Signature . . . . . . . . . . . Designation . . . . . . . . .
Particulars—
1. Father's Name . . . . . . . . . . . . . . . . . . Photograph to be affixed
2. Native place . . . . . . . . . . . . . . . . . . . . in the case of Inspector
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3. Age . . . . . . . . . . . . . . . . . . . . . . . . . . and sub-Inspector.
4. Length of previous service, if any . . . . .
1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973 --------
SCHEDULE II
(See section 147). Form of Declaration to be Signed Before Joining Appointment in the State Reserve Police Force.
. . . . . . . . . . . . declare that,—
(1) I am willing to serve, wherever posted, in the State Reserve Police Force.
(2) I shall not be entitled to resign my appointment in the State Reserve Police Force or to apply for a transfer to any other Police Force until I have completed the prescribed period of service in the State Reserve Force, and
(3) I shall not be entitled to resign my appointment or to apply for the transfer in the manner specified in (2) above even after the completion of the prescribed period of service, if on the relevant date I am on active duty or if my resignation or transfer as the case may be would cause the vacancies in my Group to exceed such percentage of the sanctioned strength of the Group as may for the time being have been prescribed by the State Government.
Signature in token of the above declaration having been read out and
explained to the declarant and of his having understood and accepted it. Date . . . . . . . . . . . . . . .
Place . . . . . . . . . . . . . .
Signed in my presence after I had satisfied myself that (name in full) . . . . . . . . . . . . . . . . . . . (designation in the case of a member of a Police Force/full address in the case of a direct recruit) . . . .
. . . . . . . . . . . . . . . . . . . . . . has understood and accepted the declaration and signed it in my presence.
Signature . . . . . . . . . . . .
Designation of the Officer before who the Commandant or Assistant
declaration is signed. Commandant or Police
Officer.
Date . . . . . . . . . . . . . . .
Place . . . . . . . . . . . . . .
SCHEDULE III
(See section 149). Form of Certificate for a State Reserve Police Officer below the rank of a Subedar.
Seal of the
Commandant
A B has been appointed to the State Reserve Police Force in the1[State of Karnataka]1and is vested with the powers, functions and privileges of a Reserve Police Officer under the1[Karnataka]1 Police Act, 1963 (1[Karnataka]1Act 4 of 1964).
Signature. . . . . . . . . . . . . . . . . . . . . Commandant,
State Reserve Police Force,
Group . . . . . . . . . . . . . . . . . . . . . . .
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. . . . . . . . . . . . . . . . .
1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.1.1973 -------
SCHEDULE IV
(See section 178). Year No. Short title
(1) (2) (3)
1861 Central Act V The Police Act, 1861. 1867 Central Act III The Public Gambling Act, 1867. 1922 Central Act XXII The Police (Incitement to Disaffection) Act, 1922.
1867 Bombay Act VIII The Bombay Village Police Act, 1867. 1887 Bombay Act IV The Bombay Prevention of Gambling Act, 1887.
1951 Bombay Act XXII The Bombay Police Act, 1951. 1951 Bombay Act XXXVIII The Bombay State Reserve Police Act, 1951.
1305 F Hyderabad Act II The Hyderabad Gambling Act, 1305 Fasli. 1329 F Hyderabad Act X The Hyderabad District Police Act, 1329 Fasli.
1951 Hyderabad Act XXIX The Hyderabad Public Security Measures Act, 1951.
1816 Madras Regulation XI The Madras Village Police Regulation,
1816.
1821 Madras Regulation IV The Madras Village Police Regulation,
1821.
1859 Madras Act XXIV The Madras District Police Act, 1859. 1888 Madras Act II of 1888 Madras Places of Public Resort Act, 1888. 1930 Madras Act III The Madras Gambling Act, 1930. 1948 Madras Act III The Madras Suppression of Disturbances Act, 1948.
1948 Madras Act VIII The Police (Madras Amendment) Act,
1948.
1908 Mysore Act V The Mysore Police Act, 1908. 1952 Mysore Act XXVII of 1952 The Mysore Places of Public Resort Act,
1952.
NOTIFICATIONS
I
Bangalore, dated the 27th March, 1965. [No. HD 21 PEG 65] S.O. 2185.—In exercise of the powers conferred by sub-section (3) of Section 1 of the Mysore Police Act, 1963 (Mysore Act No. 4 of 1964), the Government of Mysore hereby appoint 2nd day of April 1965 as the date on which the said Act shall come into force. By Order and in the name of the Governor of Mysore,
(M. S. SHANKARA RAO)
Secretary.
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(Published in the Karnataka Gazette (Extraordinary) Part—IV- 2C (ii), dated 1st April, 1965 at page
530.)
II
Bangalore, dated 16th September, 1965. [No. HD 15 POR 65] S.O. 3164.—In exercise of the powers conferred by sub-section (3) of Section 1 of the Code of Criminal Procedure (Mysore Amendment) Act, 1965 (Mysore Act 13 of 1965), the Government of Mysore hereby appoints the First-day of October 1965 as the date on which the said Act shall come into force.
By Order and in the name of the Governor of Mysore,
(R. SRINIVASAN)
Under Secretary. (Published in the Karnataka Gazette (Extraordinary) Part—IV-2C (ii), dated 23rd September,
1965.)
III
Bangalore, dated 4th March, 1992. [No. DPAR 3 SDE 92] S.O. 463.- In exercise of the powers conferred by sub-section (2) of section 1 of the Karnataka State Civil Services Act, 1978 (Karnataka Act No. 14 of 1990) the Government of Karnataka hereby appoints the Second day of April, 1992 as the date on which the provisions of the Karnataka Civil Services Act, 1978 shall come into force.
By Order and in the name of the Governor of Karnataka,
(MOTIRAM PAWAR)
Under Secretary to Government Dept. of personnel and Administrative Reforms 2 (Service Rules). (Published in the Karnataka Gazette (Extraordinary) Part—IV-2C (ii), dated 23rd March, 1992, at page 376.)
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KARNATAKA ACT NO. 49 OF 2013
(First Published in the Karnataka Gazette Extra-ordinary on the Eighteenth day of June, 2013)
THE KARNATAKA POLICE (AMENDMENT) ACT, 2013
(Received the assent of the Governor on the Eighteenth day of June 2013) An Act further to amend the Karnataka Police Act, 1963. Whereas it is expedient further to amend the Karnataka Police Act, 1963 (Karnataka Act No. 4 of 1964) for the purposes hereinafter appearing; Be it enacted by the Karnataka State Legislature in the sixty-fourth year of the Republic of India, as follows:-
1. Short title and commencement.- (1) This Act may be called the Karnataka Police (Amendment) Act, 2013.
(2) It shall come into force at once. (Sections 20B and 20F are incorporated in the Principal Act).
2. Amendment of section 20 B.- In the Karnataka Police Act, 1963 (Karnataka Act 4 of 1964) (hereinafter referred to as the principal Act), in section 20B,-
(i) for sub-section (1), the following shall be substituted, namely:-
" (1) The State Government shall, by notification in the official Gazette, establish a Police Establishment Board with the Director General and Inspector General of Police as Chairman and three senior police officers not below the rank of Additional Director General of Police as members to be nominated by the Government. Additional Director General of Police (Administration) shall be the Member Secretary";
(ii) in sub-section (2), clause (c) shall be omitted;
(iii) for sub-section (4), the following shall be substituted, namely:-
"(4) The Government may modify the decision of the Police Establishment Board after recording its reasons for doing so."
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3. Amendment of section 20 F.- In section 20F of the principal Act,-
(i) for sub-section (1), the following shall be substituted, namely:-
"(1) Subject to superannuation, the officers who are in operational duties or such other duties as may be notified by the Government from time to time shall have a minimum tenure of one year:
Provided that any such officer may be transferred by the Police Establishment Board or by the Government as the case may be from his post before the expiry of the minimum tenure consequent upon,-
(h) promotion to a higher post; or
(i) on conviction, or charges having been framed by a court of Law in a criminal offence; or
(j) imposition of punishment of dismissal, removal, discharge or compulsory retirement from service or of reduction to a lower rank awarded under the relevant discipline and appeal rules; or
(k) suspension from the service in accordance with the provisions of the said rules; or
(l) incapacitation by physical or mental illness or otherwise becoming unable to discharge his functions and duties; or
(m) the need to fill up a vacancy caused by promotion, transfer or retirement; or
(n) on request of the officer concerned in writing:
Provided further that the Government may, transfer an officer before the expiry of his minimum tenure on account of misconduct or gross negligence or an act of moral turpitude in the opinion of the State Government".
(ii) for sub-section (2), the following shall be substituted, namely:-
"(2) Subject to superannuation, the Additional Director General of Police, the Inspector General of Police in charge of Range or Superintendent of Police in charge of a District including Additional Superintendent of Police who are on operational duties in the field or such other duties as may be notified by the Government from time to time shall have a minimum tenure of
77
KARNATAKA ACT NO. 22 OF 2016
(First Published in the Karnataka Gazette Extra-ordinary on the Twenty Seventh day of July,
2016)
THE KARNATAKA POLICE (AMENDMENT) ACT, 2016
(Received the assent of the Governor on the Twenty Sixth day of July, 2016) An Act further to amend the Karnataka Police Act, 1963. Whereas it is expedient further to amend the Karnataka Police Act, 1963 (Karnataka Act 4 of 1964) for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the sixty-seventh year of the Republic of India, as follows:-
1. Short title and commencement.- (1) This Act may be called the Karnataka Police (Amendment) Act, 2016.
(2) It shall come into force at once. Section 20D, 31 and 36A are Incorporated in the Principal Act.