Kerala act 005 of 1961 : The Kerala Police Act, 1960 (No.5 of 1961)

• Preamble. Sections.

158

THE KERALA POLICE ACT, 196C

(ACT 5 OF 1~61) CoNTENTs

CHAPTER I

PRELI'.IlNARY

1. Short title, extent and commencement.

2. Definitions.

CHAPTER II

ORGANISATION OF THE PoucE

3. Constitution of Pol1ce F01ce.

4. Inspector-General ot Pohce.

5. Control and directwn by District Magistrate.

6. Dismissal, suspension or reduction of officers of tho subordi- nate police.

'7, Subordinate police officers to receive certificates of office.

8. Additional Police Officers employed at cost of individuals.

9. Additional force m neighbourhood of the railway and other works.

10. Recovery of moneys payable under secti ms 8 and 9.

11. Special Police Officers.

12. Powers of special Police Officer.

13. Punishment for refusal to serve.

CHAPTER III

REGULATION, CoNTROL AND DisciPLINE oP THE PoLICE FoRCE

14. Police Officers not to resign "1thout leave or notice.

15. Pohce Officers not to engage mother employment.

16. Inspector-General to control force and make rules.

17. Police Officers always on duty.

CHAPTER IV

POLICE REGULATIONS

Rules for Preservation of Order

18. Powers to make rulea for regulation of traffic and for preser· vatJOn of order in pubhc places, etc,

19. Regulations ofpublic assemblies and processions and music in streets.

20. Powers to deal with assemblie~ and processiOns violating con· d1tions of licence.

21. Power to prohibit the carrying of swords, spear~, etc, _______ ;

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Sections.

22. Power to prohibit dchvery of public harangues, etc.

23. Power to prohibit any procession or public assembly.

24. Power to reserve any street or public place.

25. Enforcement of orders Il>l>ued under sect10ns 21 to 24.

26. Pov.er to give di1ectwns to prevent disoaler at places of public resort or public assembly.

27. Issue of orders by D1stnct Magistrate for prevention of riot, etc.

28. Issue of orders for mamtenance of order at religious ceremo- mals, etc.

CHAPTER V

EXECUTIVE POWJ:RS AND DUTIES or TI'IJ: PoLJC[,. 29.. Duties of Police Officers.

30. Powers of police on the occasion of fire.

31. Power to deal w1th property suspected to be stolen.

32. Powers to search for stolen property m certain cases without warrant.

33. Pawn-broker, etc., to report stolen property if tendered for pawn or sale.

34. Police Officer above the rank of a constable may enter c:~.nd inspect liquor shop, etc., without warrant.

35. Applicability of the provisions of the Code of Criminal Pro- ced•Jre.

36. A superior police officer may himself pe1form duties rmposed on h1s in fenor, etc.

37. Pohce Officer may lay mformation, etc.

38. Persons bound to confmm to reasonable d1recti:ms of police.

CHAPTER VI

0rFJ:NCES AND PUNISHMENTS

39. Certificate, arms, etc .. to be delivered up by person ceasing to be a police office1.

40. Unlawful assumption of police functions, personation of police, etc.

41. Penalt1es fm neglect of duties, etc.

42. Vexatious entry, seatch, arrest, etc., by pohce officers.

43. Penalty for receiving unautho1 ~cd fees, etc.

44. Penalty for extortion.

45. Penalty lor false alarm of fire.

16. Pumshment for ccrtam offences on streets and open places.

47. Penalty for wilful trespass.

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Sections.

48. Penalty for being found armed between sunset and sunrise mtendmg to commit a11 offence, etc.

49. Penalty for buying or taking pledge from a child.

50. Penalty for lighting bonfire, discharging firearm, etc., in, over or near any public place.

51. Penalty for drunkenness or riotous or indecent beh av1our in street, etc.

5?.. Penalty for failure to conform to lawful and reasonable direc tions of po hce officers

53. Penalty for inducing pohce officers to withhold se1 vice, etc.

54 Penalty for contravention of the provisions of sectiOns 19 and

20.

55. Penalty for breach of conditions of licences.

56. Contravention l)f rule( and orders.

57. Contravention of prohibitiOn made under sections 21, 22, 23, or 24.

58. False statement to obtain empl0yment .

59. Power to prosecute under other laws not affected.

60. Recover) of fines imposed by Mag1strates.

CHAPTER VII

MISCELLANEOUS

61. Public notices how to be given,

62. Method of proving order and notification Issued under the Act.

63. Licences and written permission to specify conditions, etc , and to be s1gned.

64. Magistrate or pollee officer not liable for anything done in good faith.

65. Plea that act was done under wanant.

66. Cognizance of offences.

67. Police officers to keep d1ary.

68. Government may prescribe form of returns.

69. Power of Government to make rules.

70. Repeal .

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THE KERALA POLICE ACT, 1960*

(ACT 5 OF 1961)

AN

ACT

to consolidate and amend the law relating to the Police Jorce in the State of Kerala.

Preamhle.-WHEREAS it is expedient to consolidate and amend the law relating to the Pohce Force in the State of Kerala ; BE, it enacted in the Eleventh Year of the Republic of India as follows:-

CHAPTER I

PRELIMINARY

1. Short title, extent and commencement.-This Act may be called the Kerala Police Act, 1960.

(2) It extends to the whole of the State of Kerala.

(3) It shall come into force at once.

2. Definitions.-( I) In this Act, unless the context otherwise re- quires,-

(i) "cattle" shall, besides homed cattle, include elephants, camels, horses, mules, asses, sheep, goats and swine ;

(ii) "District Magistrate" shall mean the officer charged with the executive administration of a district and invested with the powers of a Magistrate of the first class, by whatever designation such officer is styled ;

(iii) "place of public resort" shall include any place whether public or private, open or enclosed, to which the public are admitted for purposes of recreation, diversion, amusement, entertainment, refreshment or relaxation ;

(iv) "police" shallmclude all persons by whatever name known who exercise any police functions in any part of thf' State of Kerala and "police officer" means ,my member of the police force ;

(v) "property" shall include money, valuable security and all property, whether movable or immovable ;

(vi) "public place" means any place to which the public have access, whether as of right or not, and shall include every public build- ing and monument and tHe precincts thereof;

(vii) "~pecial police officer" means a special police officer appointed under section 11 ;

* Pubhshed in ~the rGazette extraordinary d~ted.f.l5th February

1961.

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(viii) "street" shall include any road, foot~way. square, court, alley or passage, whether a thoroughfate or not, to whicbsthe public have permanently or temporarily a right of access ;

(ix) "subordinate police" shall mean all police officers below the rank of an Inspector ;

(x) "superior police" shall mean all police officers of and above the rank of an ~nspector, ; ,

(xi) "vehicle" !.hall include every wheeled conveyance. ca.pable of being used on the streets.

(2) Words and ~pressions used and not defined in this Act, but defined in the Indian Penal Code, 1860, or in the Code of Criminal Procedure, 1898, shall have the meanings respectively assigned to. them in those Codes. •

CHAPTER II

ORGANISATION OF THE PoLICE

3. Constitution of police foru .-The entire poltce establishment' of the State shall be deemed to be one police force and¹shall consist of such number of supenor and subordinate police officers and' shall be other- wise constituted in such manner, as may, from time to time, be ordered by the, Government.

4. (I) Inspector-General cif Pollee.-The admmistration of the polire throughout the State shall, subject to the control of the Government, be vested it1 an officer to be styled the Inspector-General of Police (hereinafter referred to as the Inspector-General) and in such superior police officet s as the Government shall deem fit.

. (2) Sup1rintendent of Polzce.-Subject to the provisions of sub-section (I), the administration of the police throughout the local jurisd1ction of a District Magisttate shall be vested in a Superintendent of Police.

5. Control and direction by Dutnct Magistrate.-The police force within the local jurisdiction of a District Magistrate shall be under the general control and direction of such Magtstrate. In exercismg authority under this sectlon, the District Magistrate shall be governed by such rules and orders as the Government may, from time to time. make in this behalf.

6. Dzsmissal, suspension or reduction cif ciffzcers cif the subordinate police.- Subject to the provisions of Arttcle 311 of the Constitution and to such rules as the Government may from time to time make under this Act, the Inspector-General, Deputy Inspector-General, Assistant Inspector- General and Superintendents of Police may, at any ttme, dtsmiss, remove, suspend or reduce to a lower post ot time scale or to a lower stage in time scale, any officer of the :.ubordmate pohce whom they shall think' rem1ss or negligent in the discharge of his duty or otherwise unfit for the same, and may order the recovery from the pay of any such police otlicer of the whole or part of any pecuniary loss causeq to the Government by his negligence or breach o( orders, \

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7. Subordinate police officers to rc~iut! ~rtificates of office • .....:..(1) ; Evel'y person appointed as an officer of the subordinate police shall be for· mally enrolled and shall receive on his enrolment a certificate under the seal of the Inspector-General by virtue of which he shall be vested with the powers, functions and privileges ?fa police officer. '

(2) Such certificate shall ceru.e to have effect whenever the person named in it ceases for any rea!.on to be a police offi~r.

(3) A police officer shall not by reas~n of being suspended from office cea!.e to be a police officer During the term of such suspension, the powers, functions and privileges vested in him as a police officer shall be in abeyance, but he !>hall contmue subject to the same responsi- bilities, discipline and penalties and to the same autholitie•, as if he had not been suspended. ·

8. Additional Police Ofj"zcers employed at cost of indiuiduals.-The Inspec- tor-General may, if he thinks fit, on the application of any person show- ing the necess1ty thereof, depute any additional number of police offirers to keep the peace at any place within the State for such time I as he deeml> nece~ary. Such force shall be under the orders of th~ Superin- tendent of Police of the District, and shall be at the charge of the.pei son making the application : - ' · ,

Provided always that it shall be lawful for the person on whose applicarion such deputation shall have been made, on giving thirty day's notice in writing to the .Inspector-General, to require that the officers so deputed be withdrawn ; and such person shall be .relieved from the charge of such additional force f1 om the expiration of such

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9. Additional fora in ntighburhood of the railway and other works.- Whenever any railway, canal or other public work or any manufactPry or commercial concern is carried on or is in operation, in any part of the State and it appears to the Inspector-General that the employment of additional pohce force in l>uch place or neighbourhood is rendered necessary by the behaviour or reasonable apprehension of the behaviour of the pet sons employed in such work, manufactory or concern he may with the sanction of the Government, direct the employment of such additional force, to !>UCh place or neighbourhood and maintain the same so long as such necessity continues ; and make orders from time to time - upon the person having the control or custody of the funds used in carrying on such work, manufactory or conunercial concem, for, the payment of the additional pohce f01 cc so . rendered necessary and such person shall thereupon cause payment to be made accordingly. I 0. Recouery of moneys payable wzder sections 8 and 9 .-(I) All mohcys payable under section 8 and section 9. shall be recoverable by the District Magistrate in the manner provided for the recovery of fines under the Code,ofCriminal Procedure, 1898. ·

(2) All moneys paid or recovered under section 8 and section 9, shall be credited to the Government and shall be applied to the main- tenance of the police under mch ordci'S as the Government may pass.

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• i 1. Special police olficers.-When it appeats that any unlawful asserrl hly or riot or disturbance of the peace has taken place, or may be reasonably apprehended, in any place, and that the police ordinarily employed for preserving the peace is not sufficient for its preservation, and for the protection of the inhabitants and the security of property in such place, any police officer not below the rank of an fnspector may apply to the District Magistrate exercising jurisdiction over the area to appoint as many able-bodied men between the ages of 18 and 55, as such police officer may require, to act as special police officer!> for such time and in such manner as he may deem necessary ; and it shall be the duty of such Magistrate unless he sees cause to the contrary, to comply with such application :

Provided that no person who has conscientious objection to serve as a police officer shall be required to act as such police officer.

12. ·Powers of special police officer.-Every special police officer so appointed shall receive a certificate in the prescribed form, have the same powers, privileges and protection, and be liable to all !>uch duties and penalttes, and be subordinate to the same authorities, as the ordinary officers of police.

13. Punishment for refusal to serve.-If any person, being appointed a special police officer as aforesaid without sufficient excuse, neglects or refuses to serve as such, or to obey such lawful order or direction as may be given him for the performance of his duties, he shall be liable, upon conviction before the Magistrate, to fine not exceeding fifty rupees for such neglect, refusal or disobedience :

Provided that no person shall be prosecuted for any of the aforesaid offences, unless notice has been served on him to show cause why he should not be prosecuted and an opportunity given to him to be heard. ·

CHAPTER III

REGULATION, CoNTROL AND DISCIPLINE oP THE

POLICE FORCE

14. Police Officers not to resign without leave or notice.-No police officer shall resign his office or withdraw himself from the duties thereof, un- less expressly allowed to do so in writing by the Inspector-General or by s11eh other officer as may be authomed by the Government to grant such permission or unless, except in the case of a special police officer, he shall have given to his superior officer, notice m writing for a period not less than two months of his intention to do so:

Provided that, if any police officer produces a certificate signed by a Medical Officer empowered by the Government in this behalf declar- illg suc)l police officer to be unfit by reason of any disease or mental or physical incapacity for further service m the police, the necessary written permission to resign shall forthwith be granted to him •

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Exp/anation.-A police officer who, being absent on leave, faits without reasonable cause to report himself for duty on the expiration of such leave shall be deemed, within the meaning of this section, to Withdraw himself from the duties of his office.

15. Police o.fficers not to engage m father empltrymcnt.-No police officer other than a special police officer shall engage in any employ- ment or office whatever other than his duties under this Act.

16. Inspector-General to control force a11d make rules.-The Inspector- General may, from tune to time, subject to the approval of the Govern- ment, ftame such orders and rules, not mconsistent with this Act, as he may deem expedient, 1 elating to the general government and dish ibutwn of the police force, the places of 1 Cl.Idence, the classification, rank and partlcu Jar service and duties of the members thereof; their inspection; the description of arms accoutrements, and other neces- saries to be furnished to them; to the collecting and communicating intelligence and mfoimation; for prcventmg abuse or neglect; and for rendering such force efficient in the discharge of all 1ts duties.

17. Police offzcers always on dury.-Evcry police officer not on leave or under suspension shall, for all purposes of this Act, be considered to be always on duty and may at any time be employed as police officer in any part of the State.

CHAPTER IV

Pouce REGULATioNs Rules for Preservation of Order

18. · Powers to make rules for regulation of traffic and for preservation of order m public places etc.-( 1) In any locd.l area in which he thinks fit, the District Magistrate, with the previous sanction of the Government and in consultation with the municipal or other local authority may, from time to time, make rules not incomistent with this Act, for-

(a) licensing and controllmg persons offering themselves for em- ployment at quays, wharves, landmg phces bu1 stands and railway stations, for the carriage of passengers' baggage, and fixing and pro- VIdmg for the enforcement of a scale of charges for the labour of sucl~ persons so employed;

(b) regulating traffic of all kmds in streets and public places and the use of streets and public places by persons riding, driving, cycling, walking or leading or accompanying cattle so as to prevent danger, obstruction or inconvenience to the public;

(c) regulatini the conditions under which vehicles may be parked in streets and public places and the usc of streets as halting places for cattle;

(d) prescribmg the number and pos1t10n of lights to be used on vehicles m streets and public places and 1 egu lating and controlling the conveying of timber, poles, ladders, gtrder<;, beams or baN, boilers or other unwieldy articles through the streets, and the route and houu for such conveyance;

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(e) prescribing' the roads along which, the hours during which and m times of ep1demic, the manner m wh1ch, corpses may, or may not be carried;

(f) regulating the hours dunng which and the manner in which any place for the disposal of the dead, or any chathram or other place of public resort may be used so as to ~ecure the equal and appropriate application of 1ts advantages and acconunodation, and to maintain orderly conduct, among those who resort thereto;

(g) in cases of existing or apprehended epidemic or infectious dis- ease of men or animals, maintainmg cleanliness and disinfection of pre- mises by the occupier thereof and res1dents therein, and the segregation and management of the persons or animals diseased or supposed to be diseased, with a v1ew to prevent the disease or to check the spreading thereof;

(h) licensing, controlling or, in order to prevent the obstruction, inconvemence, annoyance, risk, danger 01 injury to passers-by or the residents in the vicimty, proh1biting-

(i) the keeping of places of publ1c 1esort; (1i) the playmg of music in streets and public places; (iil) the operatiOn of loud speakers in or within hearing of a street or public place;

(1v) the illumination of street and public places and the exteriors of bmldings abutting thereon by persons other than the officers of the Government or local authonties;

(v) the carrying in the streets and public places of gun- powder or any other explosive substances; and (v1) the blasting of tocks;

(i) regulating the means of entrance and exit at places of public resort or public assembly, and providmg for the maintenance of public safety and the prevention of disturbance therein;

(j) regulatmg or prohibiting smoking at places of public resort or public assembly, or in public conveyances.

(2) Every rule made under this section shall be published in the Gazette and in the manner prescribed by this Act for the publication of public notices.

19. Regulatzons of public assemblzes and processions and music in streets.-The Superintendent of Police may, as occassion reqmres, subject to any order or direction, if any, issued by the District Magistrate- (!) direct the conduct of assemblies and processions in any street and specify' by general or special notice, the routes by which and the times at which, such procession may pass;

(ii) require by general or special notice on being satisfied that any person or class of persons intend to convene or collect an assembly in any :.treet or to form a procession which would in his judgement, if I uncontr0!Ied, be likely to cause a breach of the peace, that the persons convening or collecting such assembly or directing or promoting such f procession shall not do so without applying for and obtaining a licence;

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And on such. application being made, the .Superintendent Tfl2t}' issue a licence specifying the names of the licensees and defining tht conditions on which alone such assembly or proccession is to be permit· te~ to take place; ,,

(iii) prevent obstructions on the occassion of all processions 11nd assemblies and in the neighbourhood of all places of worship during the time of pu b!ic worship, and in all cases when any street or pubhc place or place of public resort may be thronged or liable to be obstructed; or '

(iv) prohibit Or regulate the use of music 01 !)()Und amplifiers or drums, tom-toms or other nOisy instruments in any street or public place and in any private place if their use may cause annoyance to neighbours.

20. Powers to deal wzth assemblies and processiOns violatzng condttions of ltcence.-( I) Any Magistrate or any police officer not below the rank of an Inspector or any police officer m charge of a police station may stop any processioq which violate:. the conditions of a licence granted under section 19 and may order it or any assembly which violates any such conditions as aforesaid to disperse. .

(2) Any procession or assembly which neglects or refuses to obey any order given under sub-section (I) shall be deemed to be an unlaw· ful assembly.

21. Power to prohibzt the carrymg if swords, spems, etc.-The Distt ict Magistrate may, whenever and for such ttmc as he may constder it necessary to do so for the preservation of the public peace or public safety, by public notice or by ordci duected to indtviduals, prohibit- , , (t) the carrying of swords, speats, bluJgeom, guns or other offensive weapons in any pubhc place;

(ii) the carrying, collection and preparation of stones or other articles intended to be used as mt~siles, or of instruments or mcam of casting or of impellmg misstles,,

(jti) the exhibition of persons, corpses, figures or effigies in any public place, and I

(iv) the pubhc utterance of crJCs or slogans, singing of songs or playing of music. _

22. PoUJtr to prohzbit delivery of publzc harangues, etc.-( I) The District Magistrate may, whenever and for such ttme ds he may consider necc;;sary, by public notice or by order directed to indiViduals, p10hilnt the delivery ofpubh.c harangues, the usc of gestures or mimetic •epre- sentation and the preparation, exhibition 01 uissCmlllatiOll ofpiCtl.llt:St symbols, placards or any other objects or tlung, whJch-

(i) may be of a nature to outrage morality or decency; or (it) are likely, m the opinion of the Magistz:ate, to mflame rehgious animosity or hostihty between diffen·n t classes, or to insttc to the commission of an offence, to a disturbance of the puLhc peace, or to re~istance to law or la'Nful authority.

(2) No prohtbition under this section shall remain 111 force for more than fifteen days unlc~s the Government~ by notification ~ri th~ O¥ette, otherwise direct,

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23. PolDer to prohibit any procession or public assembly-( I) The District Magistrate may. by order in writing, prohibit any procession or public assembly;whenever and for so long as he consldcrs such prohibitwn to be necessary for the preservatiOn of the public peace or public safety.

(2) No prohibition under this section shall remain in force for more than fifteen days unless the Government, by notification m the Gazette, otherwise direct.

24. Power to reserve any street or public place.-The Inspector-General may, subject to the orders of the Government, by public notice, temporarily reserve for any pubhc purpose any street or public place and prohibit persons from entering the area so reserved save under such conditions as may be prescribed by him,

25. Enforcement of orders tSsued under sectwns 21 to 24.-(1) Whenever a notification, order in writmg or public notice ;has been duly issued under section 21, section 22, section 23 or section 24, then-

(a) in the case of a publtc notice or order issued under clause (i), clause (ii) or clause (m) ofsect10n 21 or in the case of a public notice issued under sectiOn 24, any Magistrate or any police officer, or

(b) in the case of a public notice or order issued under clause

(iv) of sectiOn 21, or under sectiOn 22, or in the case of an order issued under section 23, any Magistrate or any pohce officer not below the rank of a Sub-Inspector,

may require any person acting or about to act contrary thereto to desist or to abstain from such act1on and, in case of refusal or disobe- dience, may arrest such person.

(2) Any Magistrate or police officer acting under sub-section (1) may also seize anything used or about to be used in contravention of such notification, order or notice as ~aforesaid, and anything so seized shall be disposed of, as any Magistrate having jurisdiction may order.

26. Power to gwe directious to prevent dtSorder at places of publzc resort or public assembb'.-(1) For the purpose of preventmg disorder or danger to the persons assembled at any place of public resort or public assembly, the pohce officer of highest rank not below the rank of a Sub-Inspector who ~~ present may, subject to such rules, directions and order as may have been lawfully made give such iea~ sonable directions as he may tlunk necessary as to the mode of admis- sion of the public to, and for securing the peaceful and orderly con- duct of persons attending at such place; and all persons shall be bound to conform to such directiom..

(2) The police shall have f1ee access to every such place of public resort or p1•blic assembly for the purpose of giving effect to the pro- vis1ons of sub-section (I) and to any direct10n giVen thereunder.

27. Issue of orders by DtStnct Magistrate for prevention of riot, etc.-In order to prevent or suppress any riot or grave disturbance of the peace, the District Magistrate may temporarily close or take possession of any building or place and may exclude all or any persons therefrom, or may

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ltHl allow access thereto to such pe1.~ons only and on such terms as he may deem expedient. All persons concerned shall be bound to conduct themselves in acc01dance wah such orders as the District Magistrato may make and notify in the exercise of the authm ity hereby vested in him.

28. Issue of orders for maintenance of order at relrgious ceremomals, etc.-( I) In any case of an actual or intended religious or ceremomal or co1 porate display or exhibition or organised assemblage m any street or public place, as to which or the conduct ()for participation m which 1t appea•s to the District Magistrate that a dispute or contention exists wh1ch IS likely to lead to disturbance of the peace, the District Magistrate may give such order as to the conduct of the persons concerned towards each other and towards the public as he deems necessary and reasonable under the circumstances, regard being had to the apparent legal right~ and to any established practice of the parties and uf the persons mterested. Every such order shall be published m the place wherein 1t IS to operate, and all persons concerned shall be bound to conform to the same.

(2) Any order under sub-section ( 1) shall be subject to a decree, mjunction or order made by a court havmg junsdiction, and shall be recalled or altered on its being made to appear to the District Magistrate that it is inconsistent with a JUd~ment, decree, mjunction or order of such court.

CHAPTER V

ExEcuTIVE PowERS AND DuTIES OF THE PoucE

29. Duttes of Poltce Offrcers .--It shall be the duty of eve1 y pohce officer to-

(a) promptly serve every summons, obey and execute all orders and warrants lawfully issued to him by any competent authority, and endeavour by all lawful means to give effect to the lawful com- mands of his superior officers;

(b) collect and communicate, to the best of his abthty, mtelh- ience concerning the commission of cognisable offences or de~igm to commit such offences and lay such mfoimation and take such other steps conr,istent with law and with the orders of his supenor officers as shall best be calculated to bring offenders to justice and prevent the commission of cogmsable, and within Ius view, of non-cogmsable offences ;

(c) preserve the peace and collect and communicate mtelhgence affecting or hkely to affect the pubhc peace ;

(d) prevent to the best of his ability the commiSsion of pubhc nuisances;

(e) apprehend all persons whom he 1s legally autholised to apprehend and for who~c apprehension sufficient ground exists ;

(f) aid another police officer when called on by him or in case of need in the discharge of h~ duty in such ways as would be lawful and reasonable on the part of the officer aided ;

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(g) discharge such dut1es aa are imposed upon him by any law for the t1me being in f .. rce ;

(h) use his best endeavours to prevent any injury attempted to be committed m his view to any public property or the removal of or injury to any public landmark or mark used for navigation ;

(i) afford every assistance within his power to disabled or helpless persons m the streets and take charge of intoxicated persons and of lunatics at large who appear dangerous or incapable of takmg care of themselves ;

(j) take prompt measures to procure necessary help for any person under arrest or m custody who is wounded or sick and, whilst guarding or conducting any such person, to have due iiegard to hta condition ;

(k) arrange for the proper su~tenance and shelter of every person who is under arrest or in custody ;

tl) use his best endeavours-

(!) to prevent any loss or damage by fire, and

(ii) to avert any accident or danger to the public ;

(m) regulate and control the traffic in the streets to prevent obstruction therein and to the best of h1s ability prevent the mfraction of any rule or order made under this Act or under any other law for the time bing in f01 ce for observance by the public in or near the streets ;

(n) keep order in the streets, and at public bathing, washing and landing places, fairs and all other places of pubhc resort, and m places of public worship and the neighbourhood thereof dunng the time of pubhc worship ;

(o) regulate resort to public bathing, \\

(p) take charge of ali unclaimed property found by or made over to him and to furnish without any unreasonable delay an mventory thereof to a Magistrate ;

(q} prevent entry wtthout reasonable excuse into or on any dwellmg house or other building or on any land or ground attached thereto or on any boat, vehicle or vessel, or on any ground, belonging to the Government or appropriated to public purposes ; and

(r) perform all duties imposed on him by rules for the time bemg in force under this Act m the manner and subject to the

30. Powers ojpolzce on tk occaswn of fire.-(!) On the occasion of a fire m any locality, any pohce officer above the rank of a constable or any member of the fire services above the rank of a fireman may-

(a) remove or order the removal of any persons who by their presence interfere with or impede the operations for extinguhhing the fire or for savmg life or property;

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(b) dose any street or passage in or near whtch any fire u burning;

(c) by himself or those acting under his orders, break into or through, or pull down, or use for the passage of hoses or other appli- ances, any premises for the purpose of extinguishmg the fire, domg as httle damage as possible ;

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

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

(f) generally, take such measures as may appear 11ecessary for the preservation of life and property.

(2) Any damage done on the occasion of fire by members of the fire services or any fire brigade or by police officers or their assistants in the due execution of their duttes shall be deemed to be damage by fire within the meanmg of any policy of m~urance agamst fire. But nothmg in this section shall exempt any pohce officer or any member of the fire services or of any fire-brigade from liabdtt y to damages on account of any acts done by him wtthout reasonable cause.

(3) All charges on account of establishments and appliances for extinguishing fire maintained by the police under the orders of the Government for general use, and all expenses incurred on the occaston of any fire by the police in the execution of their duly shall, if the duty of extinguishing fire ts cast upon any local authority be paid from the fund of that local authority upon the Inspector-GencJal certifying the amount thereof:

Provided that no charges on account of establi~hments and appli- ances for extinguishmg fire shall be recovered from any local authority whtch maintains such establishments and appl1ances and such establish- ments and appliances are employed for extinguishing fire.

31. Pnwer to deal with property Juspected to be stolen.-When in a street or a place of public resort a person has posses,ion or apparent posses- ston of any article which a pohce officer in good faith suspects to be stolen property, such police officer may scatch for and exammc the same and may reqmre an account thereof, and should the account given by the possessor be manifestly false or suspicious, may detain such article after taking an mventory of the same and attested by two penons of the locality and report the facts to the nearest Magistrate, who shall thereupon make such order respecting the custody or production of the article as he may think proper.

32. Powers to search for stolen prop,rty in certam cases without warrant.- In any local area to which this section may be extended by the Gov- ernment by notification m the Gazette, any police officer above the rank of a constable having reasonable ground to suspect that stolen prope1ty is concealed or lodged in any dwelling-house or other place, and ts likely to be removed before a search warrant can be obained, ma.y search such house or place subject to the general provi:.tons in the Code of Criminal Procedure, 1898, relatmg to searches.

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33. Pawn-broker etc., to report stolen property if teruieredfor fJawtz or sa/e.- Any pobce officer may deliver to any pa..,...TI-broker, dealer in second hand property or worker in metals, a list of any property bcheved to have been stolen, and thereupon it shall be the duty of such pawn- broker. dealer or worker as aforesaid, upon any article answering the description of any of the property set forth in any such list being offered h1m in pawn, for sale or otherwise, to inquire the name and address of the person offering such article, to seize and detain the article, and forthwith to communicate tb the nearest pollee station the fact of such article having been offered and such name and address as may be g1ven by the persGn offering It. Any pawn-broker, dealer or worker as afore- said falling to comply with the requirements of thi~ section without reasonable excuse shall be hable on conviction to fine not excee_ding fifty rupees for every such offence. Such pawn-broker, dealer or worker as aforesaid may also detam any per•on offering such article as afore~aid pendmg the arrival of the pohce.

34. Pollee officer aboue the rank of a constable may enter and tnspect ltqwr ~hop, ttc, without warrant.-Any police officer above the rank of a comta- ble may for any of the purposes mentioned m section 29 enter and inspect any shop m which liquor or intoxicating drug 1s kept or sold, gaming house or other place of res01 t of loose or disorderly characters without a warrant.

3;) Applicabrlzry of tlu provzszons of the Cod' oj Crzmznal P1ncedure.-The provisions of sections 523, 524 and 525 of the Code of Crimmal Pro- cedure, 1898, shall, as nearly as may be practicable, apply to all property detained or taken charge of by the police under this Act.

36. A suptrzo1 polzce officer may h1mselj perform dutres zmpos1d on his rnftnor, etc.-A pollee officer may perform any duty assigned by Jaw or by a lawful order to any officer subordinate to him ; and in case of any duty imposed on such subordinate, a superior pohce officer, where it shall appear to him necessary, may a1d, supplement, supersede or prevent any action of such subordinate by his own action or that of any person lawfully acting under his command or authority, whenever the 11ame shall appear necessary or expedient for giving more complete or convement effect to the law or for avoidmg an mfringement thereof

37. Polu:e officer may lay znformatzon, etc.-Any pohcc officer may Jay any information before a Magistrate, and apply for a summons, warrant, search-warrant, or such other legal proct!ss as may by law issue against any person committmg an offence.

38. Persons bound to conform to reasonable dzrectzo11s of polzce.-( I) All persons shall be bound to conform to the reasonable directiOn of a police officer g1ven in fulfilment of any of the duties enjoined on, or m exercise of any of the powt>rs vested m, him under th1s Act.

(2) A pohce officer may restrain or 1emove any per~on resisting or 1 efusmg or omitting to conform to any such direction as aforesaid. ·

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CHAPTER VI

OFFENCES AND PUNISHMENTS

39. Certifuate, arms, etc., to be delivered up by person ceasing to be 11 poltct officer.-( I) Every member of the police force shall on suspension or on ceasing to belong thereto, forthwith deliver up to his immediate superior officer his certificate and all clothmg, accoutrements and other articles supplied to him tor the execut10n of his duty, and in default thereof, shall on conviction be hable to fine not exceeding two hundred rupees or to tmprisonment for a term which may extend to six months, or to both.

(2) The Inspector-General or any Magistrate may issue a warrant to search for and seize, wherever they may be found, any certificate, arms or accountrements, clothing or other necessary articles not deli- vered up as required by sub-section (I). Every warrant so issued shall be executed in accordance with the provistons of the Code of Cnminal Procedure, 1898.

(3) Notlung m this section shall be deemed to apply to any article which under the orders of the Inspector-General has become the property of the person to whom the same was furmshed.

40. Unlawful assumption of police functions, persoTUZtion of police, ete.- Eyery person not bemg, or having ceased to be a police officer, who-

(i) unlawfully assumes any function or power belonging to the pohce;

(ii) has in hts possession any distinctive article of the dress or accountrements directed to be worn exclusively by the police, without being able to account satisfactonly for the pos~cssion thereof;

(iii) except for purposes of entertainment, puts on the dress of any police officer, or any dress designed to present it or to be taken for it ; or

{1V) otherwise personates the character or acts the part of any pollee officer except for purposes of entertainment, shall on convtction, be liable to fine not exceeding two hundred rupees, or to impn'>Onment for a period which may extend to six months, or to both.

41. Penaltzes for neglect of dutzes, etc.-Any pohce officer who- ( a) contravenes the provision of section 15 ; {b) is guilty of cowardice ;

(c) resign~ his office or withdraws himself from the duties there- of m contraventiOn of section 14 ;

(d) 1s guilty of any wilful breach or neglect of any provision of law or any rule or order which it is his duty as such police officer to observe or obey ; or

{e) is guilty of any violation of duty for which no punishment is expressly prov1ded,

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shall on convict1on be liable to imprisonment for a term which may extend to three months, or to fine which may extend to one hundred rupees, or to both.

42. Vexatzous entry, search, amst, etc., by pollee o.f!icers.-Any police officer who-

(a) without lav.rful authority or reasonable cause, enters or searches, or causes to be entered or searched any building, vessel, tent or "place;

(b) vexatiously and unnecessarily seizes the property of any person;

(c) vexatiously and unnecessarily detains, searches or arrests any person,

{d) vexatiously and unnecessanly delays forwarding any person arrrsted to <.1 Magistrate or to any other authority to whom he is legally bound to forward such person;

(d) offers any unnecessary personal violence to any person in his custody;

(f) holds out any threat or promise.not warranted by law to an accused person;

(g) maliciously and without probable CAuse prefers any false, vexatiou~ or fnvolous charge or information against any individual; or.

(h) knowingly and wilfully and with evil intent exceeds his pewers,

shall on conviction for every such offence be punished with im- prisonment for a te1m wluch may extend to si~ months, or with fine which may extend to five hundred rupeea, or w1th both.

43. Penalty for receivzng unauthorised fees, etc.-Any police officer who, on any pretext, or under any ci1 cumstance, directly or ind1rectly, collects or recotves any fee, gratuity, d1et-money, allowance or recom- pense, other than he may be duly authorised to col!ect or receive, shall on conviction be !table, to fine not exceedmg six months' pay, or to imprisonment for a term which may extend to 1ix months, or to both.

44. Penalty for extortion.-Any pohce officer who, directly or indirectly extorts, exacts, seeka or obtains any h11be, perquisite 01 unauthorised reward or consideration, by any threat or pretence, for doing or omitting or delaying to do any act which it may be his duty to do or cause to be done, or for w1thholdmg or delaying any information which he is bound to give or communicate, or \\ ho attempts to commit any ofthe offences abovesaid, shall on conviction be liable to fine not exceeding twelve months' pay or to 1mpnsonment for a term which may extend to twelve months. or to both.

45. PeTUJlty for false alarm of.fire.-( I) Whoever gives or causes to be given to any police officer or to any fire-brigade or to any member thereof or to any member of the fire serv1ces, whether by means of a street fire-alarm, statement, message or otherwise, any alarm of fire which he knows to be false, or does not beheve to be true, shall on conviction be liable to fine which may extend to fifty rupees. /

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(2) Whoever is convicted under thia secti..:n, after havmg been previou~ly conv1cted thereunder, shall be liable to simple imprisonn1em fOI' a term which may extend to six months IUld ahaii also be liable to fine.

46. Pumshmentfor certain o.ffences on streets and open p!aces.-Whoever in amy stteet or open place, Within the limit:. of any local area to wh1ch this section may be extended by the Government by notificatiOn m the Gazette, does any of the following acts shall, on conviction, be hable to imprisonment for a term which may extend to eight days or to fine which may extend to fifty rupees or to both, provided that no such act done m any place other than a street shalJ be pumshable as aforesaid unlel>s such act causes or ll> hkely to cause obstruction, mconvenience, annoyance, risk, danger or damage to the residents or passers by-

(i) slaughters any cattle, cleans any carcass, article of furniture or vehicle, or grooms any animal;

(h) makes or repai1s any vehicle or part of a veh1cle (unless when 'in the case of an accident repairing on the spot IS necessary) or carries on any manufacture or operation;

(i1i) drives, d1ags or pushes any vehicle at any time between half an hour after sunset and one hour before sunrise Without sufficient licht;

. (iv) drives dt'ags or pushes any vehicle and does not keep (except in cases of actual necessity or of some sufficient reason for deviation). on the left of such street when meeting any other vehicle or on the nght of such street when pa~ing any other vehicle;

(v) rides or drives any animal, or drives, drags or pushes any vehicle in a rash or negligent manner, or trains or breaks any horse or other cattle,

(vi) clcives, drags or pushes any vehicle w1thout springs on any street except on the side thereof;

(vii) leads or rides any animal, or drives, drags or pushes any vehicle, upon any foot-way or fastens any animal so that it can stand across or upon any street or foot-way;

(vii1) permits any cattle or vehicle to be under the control of a child under the age of twelve yean;

(ix) conveys through the streets any article which projects more than five feet in front or behmd the vehicle or vehicles on which it is placed;

(x) affixes or causes to be affixed any bill, notice, document, paper or other thing upon any street or place of public resort or upon any buildmg, monument, statue, effigy, post, wall, fence, tree or other erection therem, or in any manner defaces, disfigures writes upon or otherwise marks or cau~es to be defaced, disfigured, written upon or otherwise marked any street, public place or any such bui!dmg, monument, l)tatue, effigy, post, wall, fence, tree or erection without the consent of the owner or occupier thereof;

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(xi) causea mischief by any negligence or Ill-usage in the dnvin~, managemt"nt or care of any animal or vehicle;

(xii) commits nuisance by easing himself or permits any pe1110n under his control to commit a nuisance as aforesaid. ~ 7. Penalty for willful trespass.-Whoever without reasonable excuse wilfully enters mto or on any dwelling house or other building or on any land or ground attached thereto or on any boat, vehicle or vessel, or on any ground belonging to the Government or appropriated to public purposes, shall be liable on conviction to imprisonment for a term not exceeding six months or to fine not exceedmg five hundred rupees or to both.

-48. Penalty for bezng found armed between sunset and sunrue intendzng to eommit an offence, etc.-Whoever ill found, between sunset and sunrise-

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

(b) having his face covered or otherwise disgUJsed w1th intent to commit an offence,

(c) in any dwelling house or other bu1lding or on board any vessel or boat, without being able satisfactorily to account for his presence there,

(d) lying or loitering in any bazaar, street, yard or other place being a rtputed thief and without being able to give a satisfactory account of himself, or

(e) having in his possess10n, without lawful excuse any imple· ment of house breaking,

may be arrested by any police officer without a warrant and shall be liable on conviction to imprisonment for any term not exceeding three months.

49. Penalty for buying or talcmg pledge from a child -In any local area to which this section may be extended by the Government by notification in the Gazette, whoever without the knowledge and consent of the owner buys any jewel, watch, fountain pen, bicycle, utensil or other article of value from any child apparently under the age of fourteen years, or takes any article on pawn or pledge from such a child shall be liable on conviction to fine not exceeding one hundred rupees. SO. Penalty for ltghting bonj'zre, discharging fzrearm, etc., rn, OUIT or near any public place.-ln any local area to which this section may be extended by the Government, by notification in the Gatette, whvever, except at such times and places as the Distnct Magistrate may allow, in, over or near any public place, lights any bonfire, discharges any firearm or air- gun, lets off or d1scharges any firework, or sends up any fire-baloon, or permits such act to be done in premises over wh1ch he has control, shall be liable on convictio~ to fine not exceeding fifty rupees. In the event of any such act being done within any private premises the person having the immediate control of such premises shall be deemed to have permitted the act, unless he can prove that the act was com· mitted without his knowledge .

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51. Penalty for drunkenness, ar riotous or i11decmt b1hav1our tn street, etc.- Whoever, in any street or public place or in any court, police station or other public office or tn any place of public amusement or resort or ou board any passenger boat or ves~el <>r in any public passenger velucle, IS found drunk and incapable of taking care of lumsclf r:-r is guilty of any vtolent, riotous, disorderly 01 mdecent behav10ur shall on conviction be liable to fine whtch may extent to fifty rupees or to impnsonment for a term which may extend to eight days. ·

Explanation.-'Public passenger vehicle' mean~ a vehicle used for carrying passengers for hire or reward other than a vehicle which carnes passengers for htre or reward under a contract expressed or imphed for the use of the vehicle as a whole at or for a fixed or agreed rate or sum.

52. Penallj! for failure to conform to lawful and reasonable dzrections of police oJficfrs.-Every person who disobeys any directiOn g1ven by a poiJce officer under thIS Act or ru lcs made thereunder shall on convic· tiOn be liable to fine not exceedmg two hundred rupees.

53. Penallj! for uzducing polzce officers to withhold service. etc.-Whoever induces or attempts to induce or docs any act whtch he knows is ltkely to induce, any member of the police force to withhold his services or to commit a breach of disctplme, shall on conviction be pumshed with impri~onment which may extend to six months or with fine which may extend to two hundred rupees or with both.

54. Penalty for contravcntwn of the provuions of seclw11s 19 a11d 20.- Every person opposing or not obeying any order tssued under section 19 or section 20 or violating the condttions of any hcence granted by the Superintendent of Police for the conduct of assemblies and proccssicm~. shall be liable on conviction, to fine not exceeding two hundred 1 upees.

55. Penalty for breach of condztwns of lwmus.-For any breach of any of the conditiOns as a licence granted under this Act, other than a licence granted under section 19, the licensee shall be l1able on com·Jc· tion to fine not exceedmg one hundted rupees notwithstanding that such breach may have been owmg to the default or carelessne~s of his servant or agent.

56. Contraventzon ojiUles and orders.-Whoever contravenes any mle made under section 18 stall on conviction be liable to fine which may extend to one hundred rupees.

57. Contraventzon of prohibztzon made untler section 21, 22, 23 or 24.- Whoever contravenes any prohibition made under section 21, section 22, section 2~ or section 24 shall on conviction be liable to imprisonment Jor a term which may extend to one month, or to fine which may extend to one hundred rupees, or to both.

58. False statement to obtain employment.-Any person who knowingly makes a false statement or mes a false document for the purpose of obtaming for himself or any person, employment or release from employ· ment as a police officer, shall on convictton be punished with tmprison- ment for a term which may extend to three months, or with fine which may extend to one humired rupees, or with both.

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59. Power to prosuute under otht:r laws not affcctcd.-Nothin~ contained in this Act shall be construed to prevent any penon from being prose· cuted under any other Act for any offence made punishable by this Act, or from bemg hable under any other Act to any other or higher penalty or punishment than i~ provided for such offence by thi~ Act.

60. &covery q/ fznes zmposed by Magistrates.-The provisions of sections 64- to iO of the Indian Fenal Code, 1860, and of sections 386 to 389 of the Code of Cnmmal Procedure, 1898, with xespect to fines, shall apply to fines imposed under this Act.

CHAPTER VII

M ISCI!.LLANEOUS

61. Publu not1ce how to be gzvm.-Any pubhc notice required to be given under any of the provJSJons of this Act ~hall be m wntmg signed by the officer lS•umg such notice, and shall be published m th~ locahty to be affected thereby, by affixing cop1es thereof m compicuous public places or by procla1mmg the aame, with beat of drum or by adverti~ing the same m the Gazette or m any newspaper having circulatiOn in the locality as such officer may deem fit.

62. Method of provzng mder and notifzcatzon zssued under the Act.- ( 1) Any order or notification published or issued by the Government under any provision of thi> Act and the due publication and 1ssuc thereof may be proved by the production of a copy thereof m the Gazette. ('2) Any order of notification published or r::sued by a Magistrate or police officer, under any provision of th1s Act may be proved by the production of a copy thereof in the Gazette or of a copy thereof signed by such Mag1~trate or officer and certified by rum to be a true copy.

63. ( 1) Licences and written permisszon to specify conditzons etc. and to be szgned.-Any licence or written permission granted under the prov1sions of th1s Act shall specify the penod and localny for which, and the con- ditions and restl ictions subject to "'h1ch, the same IS granted, and shall be given under the signature of the officer issumg the same.

(2) Revocatzon of lictllces, etc.-Any licence or written pet misswn granted under this Act may at any time be suspended or revoked by the officex 1ssumg the same 1f any of 1ts conditions or re~tnctions is mfrmged or evaded by the per wn to whom it has been granted, or 1f such person is conv1cted of any offence in any matter to which such licence or per- mission relates.

{3) Grantee to produce licence etc., when required.-Every person to whom any such licence or written perm1ss1on has been granted shall, while the ~me remams m force at all reasonable times, produce the ~arne, 1f so reqUired by a police officer.

64. (I) Magzstrate or poltce officer not ltable for anything done m good fazth -No Magistrate or pohce olficer shall be liable to any penalty or payment of damdges on account of any act done or intended to be done m good faith in pursuance of any duty Iffiposed or any authority conferred on him by any prov1sion of th1s Act or of any other law for the tu:ne bemg in force conferring power on the Magistrate or police officer or of any rule, order or direction lawfully made or g1ven thereunder,

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(2) Persrm duly appointed or authorised not liable for anything done in goodfazth.-No person duly appointed or authorised shall be liable a~ aforesaid for g1vmg effect m good faith to any such order or drrcction is.ued by the Government or by a person empowered m that behalf under tlus Act or any rule made under any provlSion thereof.

(3) S11zt o~ prosecutwn not to be entertamed if znstituted more than stx months qfter the date of the act complained oj.-No court shall take cogni- zance of any smt or complamt. in respect of any offence or wrong alleged to be committed or done by a Magistrate, police officer or other person on account of any act done in pur~uance of any duty imposed or authonty conferred on him by this Act or any other law for the ttme bemg m force or of any rule, order or dtrection lawfully made or given thereunder unless the suit or complaint IS filed withm ~ix months of the date on which the offence or wrong i1 alleged to have been committed or done.

(4) Two T11f)nths' 110tice before suzt.-No suit as aforesaid shall be instituted agamst any Magistrate, Police Officer 01 other person until the exp1ration of two months next after notice in writmg containing a sufficient description of the wrong complained of and the relief claimed has been given to him.

( 5) Plaint to set forth servzcc of notzce and tender of amentir.-The plamt shall set forth that a notice as aforesaid has been served on the defendant and the date of such service, and shall ~tate 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 plamt endorsed or accompamed with a declaration by the plaintiff of the t1me and manner of service thereof.

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(6) Tender of amends made before suit.-Whenever it is proved to the satisfaction of the court, that, belore the l.uit was instituted, tender of suffictent amends has been made to the plamt1ff, the plamt1ff shall not get h1s costs nor any relief not included in such tender, and shall pay th<" costs of the defendant in the smt:

Provided that no ·action shall lie when such Magistrate, police officer or other pnson has been pro~ecuted criminally for the same act.

65. Plea that act was done under warrant.-(1) When any action or prosecution i:, brought or any proceedings held against any police officer fo1 ar,y act done by h1m in such capacity, It ts open to h1m to plead that such act was done by him under authority of a warrant issued by a Magistrate.

(2) Such plea may be proved by the production of the warrant directmg the act, and purporting to be signed by such Magtstrate; and the deft:ndant snail thereupon be entitle<; to. a deaee 111 his favour notwithstandi•1g any defect of jurisdiction m such Magistrate. No proof of the signature of such Magi:,tr..Lte shall be necessary, unless the court thmks there IS reason to doubt its genuineness:

Provided that any remedy wh1ch the party may have agaimt the authority issuing such wa1rant shall not be affected by anythmg contained in thi~ section.

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