Bombay Village Police Act, 1867

Bombay Act No. 8 of 1867

guj219

[21st December 1867]

Section 168 of the Bombay Police Act, 1951 (Bombay XXII of 1951) reads follows:- "168. Nothing in this Act, shall affect the provisions of the Bombay Village Police Act, 1867, that Act as in force in the Kutch area of the State of Bombay or of the Saurashtra Village Police Ordinance, 1949, or any law corresponding thereto in force in any part of the State or any enactment which may be made in regard to the reserved Police.".

For Statement of Objects and Reasons, see Bombay Government Gazette, 1867 part V, p. 66; for Report of the Select Committee, see Bombay Government Gazette, 1867 part V, p. 78 and for proceedings in Council see Bombay Government Gazette, 1867 part V, pp. 94 and 358.

This Act has been re-enacted and the amendments made by section 9 and Schedule E of the said Act have been continued in force by Bombay 52 of 947, section 2.

An Act for the regulation of the Village Police in the Presidency of Bombay.

Preamble

Whereas it is expedient to provide for the regulation of the Village-police in the Presidency of Bombay; It is enacted as follows:-

1. Interpretation clause.- [The terms], "District Superintendent'' and "Assistant Superintendent of Police", [and "Police-officer"], when used in this Act, mean [officers so appointed or deemed to be appointed under the Bombay Police Act, 1951.]

[The telm "Executive Magistrate" when used in this Act has the meaning assigned to it in the Code of Criminal Procedure, 1898 (V of 1898).]

[2. Gujarat Extent XXXIV of 1961. - [On and from the commencement of Bombay Village Police (Gujarat Extension and Amendment) Act, 1961, this Act shall extend also to that part of the State of Gujarat to which it did not extend before such commencement.]

3. Administration, control and direction of village-police, in whom vested.- The administration of the village-police throughout each district shall, under the control and direction of the [State Government][***], be exercised by the Magistrate of the district, who may, with the sanction of the [State Government] [**], delegate any portion thereof to any Magistrate with full powers having also revenue charge as an Assistant or Deputy Collector.
4. Power to depute to District Superintendent authority over village-police-officer.- It shall be lawful for the Magistrate of a district, with the sanction of the [State Government][**]to depute to the District Superintendent of Police any authority which may be exercised by the Magistrate of a district for the purposes of police over any village-police-officer.
5. Village police in villages under charge of Police-patel.- (1) The village-police in each village shall be under the charge of such person as the [ [State]Government] shall[***], app0int in writing to be Police-patel, and unless the [[State] Government], [***], owing to the size of the village or other good cause, see fit to separate the appointments, the [[State] Government] shall appoint the person conducting the duties of Revenue-patel to be Police patel.

(2) Appointment of Police-patel. - In making the appointment, the [[State]Government] shall have due regard to the provisions [***] in force for regulating the services of hereditary officers, so far as the same may be applicable; but, when the Revenue patel is not appointed Police-patel, and more persons than one claim by reason of hereditary right to perform the duties, in rotation or otherwise, it shall be lawful for the [[State] Government] to appoint the most fit from among their number.

(3) Police-Patels may be appointed for different divisions of town or place. - In any town or place in which the duties cannot be in rotation or otherwise, it shall be lawful for the [[State] Government] may, [****] [****]; appoint a sufficient number of Police-patel for the different divisions of the town or place.

[(4) The powers of the State Government under this section may also be exercised by the Magistrate of a district.]

6. Duties of Police-patel.- The Police-patel shall, subject to the orders of the Magistrate of the district act under the orders of [any other Executive Magistrate]within whose local jurisdiction his village is situated, whom he shall furnish with any returns of information called for, and keep constantly informed as to the state of crime and all matters connected with the village police the health and general condition of the community in his village.

He shall also afford all Police-officers ever assistance in his power when called upon by them for assistance in the performance of their duty.

He shall further promptly obey and execute all orders and warrants issued to him by a Magistrate of Police-officer, shall collect and communicate to [the Police-officer in charge of the District Police-Station within the limits of which the village is situated,]intelligence affecting the public peace, shall prevent within the limits of his village the commission of offences and public nuisances, and shall detect and bring offenders therein to justice.

7. Authority over village servants.- The Police-patel shall have authority to require al 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 frame all written returns and proceedings for the Police-patel.
8. Precautions against robbery, etc.- The Police-patel shall dispose of the village-establishment so as to afford the 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 Executive Magistrate]to whose jurisdiction he is immediately subordinate all instances of misconduct or neglect committed by any members of the said establishment.

[9. Penalties for neglect of duty etc. - Any Police-patel or member of a village-establishment liable to be called on for the performance of Police-duties who shall be careless or negligent in the discharge thereof shall be liable to be fined under the order of [the Magistrate of the District] to any amount not exceeding the fourth part of the annual emoluments of his office.

If he shall be accused of any violation of duty or breach of rule, or of other misconduct which shall seem to such Magistrate to require a heavier punishment, he may suspend him from office during inquiry into such accusation, and at the close of such inquire, if the said Magistrate shall consider him guilty of misconduct meriting such punishment, he may suspend him from office for a further period not exceeding six months, or[dismiss him:

Provided that, in the case of a Police-patel appointed by the State Government or of a Police-patel who holds his office under the provisions in force for regulating the services of hereditary officers, the Magistrate shall, if he is of the opinion that the Police-patel should be dismissed, refer his case to the State Government which may pass such orders thereon as it may think fit.].]

[9A. Liability to criminal prosecution not affected. - Nothing in the last preceding section shall affect the liability of any Police-patel or other member of a village establishment to a criminal prosecution for any offence with which he may be charged.

Power to suspend during trial. - [The Magistrate of the District] may suspend any person subjected to any such prosecution pending the inquiry and trial].

10. Information to officer in charge of District Polic.- station hen criminal in village has escaped or is not known:-If a crime shall have been committed within the limits of the village, and the perpetrator of the crime has escaped or not known the Police-patel shall forward immediate information to the Police-officer in charge of the District Police-station within the limits of which his village is situated, and shall himself proceed to investigate the matter, obtaining all procurable evidence relating to it which he shall forward to the said officer.
11. Inquest in cases of unnatural of sudden death or corpse found within village.- (1) If any unnatural or sudden death occur, or any corpse be found, within the bounds of any village the Police-patel shall forthwith assemble an inquest, to be composed of two or more intelligent persons belonging to the village or neighbourhood, who shall investigate the cause of death and all the circumstances of the case, and make a written report of the same, which the Police-patel shall cause to be forthwith delivered to the Police-officer in charge of the District Police-station within the limits of which the village is situated.

(2) Punishment for refusing or neglecting to serve on inquest. - Any person who, on being called upon by the Police-patel to serve as a member of such inquest, shall without justifiable cause refuse or neglect to do so, shall be liable, on conviction before a Magistrate, to punishment not exceeding fifty rupees, fine, or, in default of payment, to imprisonment for one month.

(3) Corpse when to be nearest Civil Surgeon etc. for examination. - If the results of the inquest afford reason for supposing that death has been unlawfully occasioned, the Police-patel shall give immediate notice to the officer in charge of the District Police-station within the limits of which his village is situated, and, if the corpse can be forwarded without the risk of putrefaction by the way, shall at once forward it to the nearest Civil Surgeon or other medical officer appointed by [the [State] Government] to examine corpses under such circumstances, who shall endeavour to ascertain the cause of death.

When burning to be delayed till officer in charge of police-station assents. - Should the Police-patel be unable to forward the corpse without the risk of putrefaction rendering examination useless or dangerous, he shall nevertheless prevent the burning or burying of such corpse until the Police-officer in charge of the District Police-station within the limits of which his village is situated, or one of his subordinates deputed by him or a Magistrate, shall have assented thereto.

12. Police-patel to apprehend person he believes has committed serious offence.- (1) The Police-patel shall apprehend any person within the limits of his village who he may have reason to believe has committed any serious offence, and shall forward such person, together with all articles likely to be useful as evidence to the Police-officer in charge of the Police-station within the limits of which his village is situated.

(2) Person apprehended to be forwarded to Police-station. - Every person so apprehended shall be forwarded within twenty-four hours to the District Police-station within the limits of which the village is situated.

13. Power to call and examine witnesses, record evidence and search for concealed articles.- (1) The Police-patel in making any inquiry coming within the scope of his duty, [*****]shall have authority to call and examine witnesses, and [record their statements], and to search for concealed articles, taking care that no search be made in a dwelling-house between sunset and sunrise without urgent occasion.

(2) Power to enter limits of other villages. - He shall also have authority in carrying out any search or any pursuit of supposed criminals, to enter and act within the limits of other villages, being bound however to give immediate information to the Police-patel thereof, who shall afford him all the assistance in his power, and be immediately responsible for continuing the search and pursuit.

14. [Power to try and punishment for petty assault or abuse.]- Repealed by Bombay 28 of 1949.
15. [Magistrate may issue a commission to Police-patel to try certain offenders. Power-patel to punish.]- Repealed by Bombay 28 of 1949.
16. [Power to prohibit and to punish for beating, etc., animal; bathing, washing in, or defiling, well, etc; depositing dirt etc; committing nuisance, etc; accumulating offensive matter in cesspools, etc; allowing offensive matter to issue on thoroughfare, depositing dead bodies, so as to corrupt water for drinking.]- repealed by Bombay 28 of 1949.
17. [Proceedings how taken under sections 14, 15 and 16.]- Repealed by Bombay 28 of 1949.
18. [Power to cancel commission issued under section 15.]- Repealed by Bombay 28 of 1949.
19. Unclaimed property.- The Police-patel shall take charge of all unclaimed property found within his village, or made over to him under the provisions of [the Bombay Police Act, 1951 (Bombay XXII of 1951)], and shall forthwith make a report to [the Executive Magistrate]to whom he is subordinate, and act thereafter as he may be directed by the said Magistrate, unless the property be of a description coming within the provisions of[the Cattle Trespass Act, 1871 (1 of 1871), or any law corresponding to that Act in force] [in which case the Police-patel shall be guided by [that enactment or law.]
20. Prosecution under other regulations, etc. for offence Punishable by Act.- Nothing contained in this Act shall be construed to prevent the prosecution of any person under any other Regulation or Act for any offence made punishable by this Act, or from being liable under any other Regulation or Act to any other or higher penalty or punishment than is provided for such offence by this Act:

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

21. Provision in case of absence, sudden illness, etc. of Police-patel.- In case of the Police patel being unable to attend to his duty, owing to urgent absence from the village, sudden illness or other cause, he shall place a competent kinsman, or failing a competent kinsman some other competent person in charge of his office making an immediate report to [the Executive Magistrate]to whom he is immediately subordinate and the person so placed in charge shall, until the receipt of instructions to the contrary, continue to act for the Police-patel in all his duties [**].
22. "District Police-station" defined.- The term "District Police-station" in this Act shall include the villages or places within the limits of the charge of a Police-officer in charge of a station.
23. [Application of Act to certain areas with modifications.]- Deleted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
24. Short title.- This Act may be cited as the Bombay Village Police Act, 1867.

[25. Repeal and saving. - (1) On the commencement of the Bombay Village Police (Gujarat Extension and Amendment) Act 1961(Gujarat XXXIV of 1961), the Saurashtra Village Police Ordinance, 1949 (Saurashtra Ordinance XXXII of 1949), and the Bombay Village Police Act, 1867 (Bombay VIII of 1867), as extended to the Kutch area of the State of Gujarat shall stand repealed.

(2) The provisions of the Bombay General Clauses Act, 1904 (Bombay I of 1904), shall apply to such repeal;

Provided that anything done or any action taken under the provisions of the laws hereby repealed shall be deemed to have been done or taken under the corresponding provisions of this Act and shall continue in force until superseded by anything done or any action taken under the provisions of this Act.].