Police Act, 1861

·  Repealing Act, 1874 (16 of 1874)

·  Code of Criminal Procedure, 1882 (10 of 1882)

·  Police Act (1861) Amendment Act, 1895 (8 of 1895)

·  Indian Short Titles Act, 1897 (14 of 1897)

·  Amending Act, 1903 (1 of 1903)

·  Decentralisation Act, 1914 (4 of 1914)

·  Repealing and Amending Act, 1914 (10 of 1914)

·  Devolution Act, 1920 (38 of 1920)

·  Government of India (Adaptation of Indian Laws) Order, 1937

·  Adaptation of Laws Order, 1950

·  This Act has been applied-the Sonthal Parganas by the Sonthal Parganas Settlement Regulation, 1872 (3 of 1872),

·  Section 3; the Town of Calcutta and its suburbs, with modifications by the Calcutta Police Act, 1898 (Ben. 1 of 1898);

·  The Khondmals District by the Khondmals Laws Regulation, 1936 (4 of 1936), Section 3 and Sch.;

·  The Angul District by the Angul Laws Regulation, 1936 (5 of 1936), Section 3 and Sch.; and

·  The areas transferred to Orissa from the Madras Presidency, by the Orissa Laws Regulation, 1936 (1 of 1936).

·  It has been declared, by notification under Section 3(a) of the Scheduled Districts Act, 1874 (14 of 1874), to be in force in the following Scheduled Districts, namely:- The District of Hazaribagh, Lohardaga (now the Ranchi District see Calcuttal Gazette, 1899, Pt. 1, p.44 and Manbhum and Pargana Dhalbhum and the Kolhan in the District of Singhbhum, see Gazette of India, 1881, Pt.1, p.504 and the Porhat Estate in the Singhbhum District, see Gazette of India, 1897, Pt.I, p.1059.

·  It has been extended, by notification under Section 5 of the same Act, to the Kumaon and Garhwal Districts (now in U.P.), see Gazette of India, 1891, Pt.I, p.185, and (with the exception of Section 5) to the Scheduled District of Coorg, see Gazette of India, 1914, Pt.II, p.2347.

·  Sections 15, 15-A, 16, 30, 30-A, 31 and 32 have been extended to the Scheduled Districts in Ganjam and Vizagapatam, see Fort St.George Gazette, 1898, Pt.I,p.667, and Gazette of India, 1898, Pt.I, p.873.

·  The whole Act has been extended to the Amindivi Islands attached to the South Kanara District; see Fort St.George Gazette, 1935, Pt.I, p.1202.

·  It has been extended to the merged States and the States of Bhopal, Bilaspur, Himachal Pradesh and Kutch by the Mergerd States (Laws) Act 1949 (59 of 1949) and to the States of Manipur, Tripura and Vindhya Pradesh by the Part C States (Laws) Act, 1950 (30 of 1950).

·  It has been extend to-(1) and brought into force in Dadra and Nagar Haveli by Regulation 6 of 1963, Section 2 and Sch.I; (2) Laccadive Minicoy and Amindivi Islands by Regulation 8 of 1965, Section 3 and Sch. These islands are now known as Lakshadweep; (3) the whole of Madhya Pradesh by M.P.Act 23 of 1958 (when notified); and (4) Goa, Daman and Diu by Regulation 12 of 1962, Section 3 and Sch. Goa is now a State, see Act 18 of 1987, Section 3 (w.e.f. 30.5.1987).

·  As to special enactments in force in Madras, Bombay an Lower Provinces of Bengal, and extension of this Act under the power conferred by Section 46, see notes to that section.

·  As to special enactments for Military, Frontier or Rural Police in force in certain parts of the States, see footnote to Section 8. As to the creation of special police-districts embracing parts of two or more Provinces and the extension to every part thereof the powers and jurisdiction of members of a police force belonging to any part of the States, see the Police Act, 1888 (3 of 1888).

·  The Act has been amended in its application to-C.P. and Berar by C.P. and Berar Act 3 of 1937;

·  Madras by Madras Act 13 of 1948; U.P. by U.P. Acts 2 of 1939, 2 of 1944 and 32 of 1952;

·  Punjab by East Punjab Act 30 of 1948;

·  Pondicherry by Pondicherry Act 7 of 1968;

·  West Bengal by West Bengal Act 5 of 1973;

·  Orissa by Orissa Acts 5 of 1976 and 34 of 1974

·  Sikkim by Sikkim Act 7 of 1980.

·  Repealed in its application to Bellary District by Mysore Act 14 of 1955.

(2) Unless the context otherwise requires,

(a) public place means a place (including a road, street or way, whether a thoroughfare or not, and a landing place) to which the public are granted access or have a right to resort, or over which they have a right to pass;

(b) State Government means the Central Government and includes the Administrator of the Union Territory of Pondicherry appointed by the President under article 239 of the Constitution.Pondicherry Act 6 of 1966, Section 2 (w.e.f. 10-3-1966).

[Tamil Nadu] .In its application to the State of Tamil Nadu, in Section 1, after the definition of the word cattle, insert public place shall mean a place (including a road, street or way, whether a thoroughfare or not, and a landing place) to which the public are granted access or have a right to resort, or over which they have a right to pass.Tamil Nadu Acts 22 of 1955, Section 2 (w.e.f. 21-9-1955) and 14 of 1962, Section 2 and Sch. II (w.e.f. 9-1-1963).

[Uttar Pradesh] .In its application to the State of Uttar Pradesh, in Section 1,

(i) for the existing fifth clause defining the words District Superintendent, substitute District Superintendent and District Superintendent of Police shall include an Additional District Superintendent or Joint District Superintendent of Assistant District Superintendent or other person appointed by general or special order of the State Government to perform all or any of the duties of a District Superintendent of Police under this Act in any district.Uttar Pradesh Act 10 of 1984, Section 2.

(ii) after the definition of the word property, insert the following definition, namely:

The expression civil aviation personnel shall mean such officers and employees of the Civil Aviation Department posted in the maintenance, security and general administration wing of the Civil Aviation Directorate, Uttar Pradesh, immediately before the commencement of the Police (Uttar Pradesh Amendment) Act, 2001, as may be specified in this behalf by the State Government by notification, and shall include any person appointed as a civil aviation personnel after such commencement.Uttar Pradesh Act.

2-A. Civil aviation personnel to be police force.(1) The provisions of this section shall have effect notwithstanding anything contained in any other provisions of this Act or in any other law for the time being in force.

(2) On and from such date as the State Government may, by notification, appoint in this behalf, the entire civil aviation personnel employed immediately before that date shall, for the purposes of this Act, become members of a police force and shall be formally enrolled in accordance with the provisions of section 8-A and any new such members shall, thereafter, be appointed in such manner, as shall, from time to time, be ordered by the State Government:

Provided that any civil aviation personnel employed before the said date may, by notice addressed to the Director General, Civil Aviation, Uttar Pradesh served within a period of thirty days from the said date, intimate his option not to become a member of the said police force, and upon receipt of such notice, the post in the Civil Aviation Department held until then by him shall stand abolished and his services shall stand terminated and he shall be paid an amount equivalent to his three months salary as compensation.

(3) The pay and allowances payable to, and the other terms and conditions of service of civil aviation personnel shall be such as may be prescribed by rules made by the State Government.

(4) The civil aviation personnel shall discharge such duties as may be specified by general or special orders of the State Government from time to time pertaining to maintenance of aircraft belonging to, or hired by, the State Government, security at the Airport at Lucknow or at any other airport specified by a general or special order of the State Government and other duties incidental thereto or connected therewith.

(5) The civil aviation personnel shall have such privileges and exercise such powers necessary for the discharge of the said duties as may be specified by general or special orders of the State Government.

(6) The administration of the civil aviation personnel shall be vested in the Director General, Civil Aviation, Uttar Pradesh who shall be assisted by the Additional Director (Administration) Civil Aviation, Uttar Pradesh and such other officers and employees as may be specified by the State Government from time to time.Uttar Pradesh Act 33 of 2001, Section 3 (w.e.f. 10-8-2001).

[West Bengal] .In its application to the State of West Bengal, after Section 2, insert the following section, namely:

2-A. Power of State Government to make rules.(1) Subject to the provisions of this Act, the State Government may make rules relating to recruitment, conditions of service, disciplinary proceedings and punishments in respect of members of the subordinate ranks of the police force.

(2) Any rules, orders or regulations made before the commencement of the Police (West Bengal Amendment) Act, 1963, by any authority in respect of the aforesaid matters, shall, in so far as they are not inconsistent with the provisions of this Act, be deemed to have been validly made and shall continue in force until other provisions are made in this behalf.West Bengal Act 38 of 1963, Section 3 (w.e.f. 3-2-1964).

(i) for the words Inspector-General of Police and in such, substitute Director General-cum-Inspector General of Police and in such Inspectors-General;

(ii) for the words Assistant District Superintendents, substitute Assistant District Superintendents, Joint District Superintendents and Assistant District Superintendents.Uttar Pradesh Act 10 of 1984, Section 3.

[West Bengal] .In its application to the State of West Bengal, after Section 4, insert the following section, namely:

4-A. Special and Additional Inspectors-General of Police.(1) If, at any time, the State Government considers it necessary so to do, it may appoint one or more officers to be Special Inspectors-General of Police and also appoint one or more officers to be Additional Inspectors-General of Police, and each of the officers so appointed shall be subordinate to the Inspector-General of Police.

(2) The Special or, as the case may be, Additional Inspector-General of Police shall be competent to exercise all or any of the powers conferred on, and perform all or any of the functions or duties imposed upon, the Inspector-General of Police by or under this Act or any other law for the time being in force.West Bengal Act 5 of 1973, Section 3 (w.e.f. 17-3-1973).

[Maharashtra] .Section 5 shall be deleted.Bombay Act 21 of 1954, Section 3 and Sch. II (w.e.f. 8-4-1954).

[Uttar Pradesh] .In its application to the State of Uttar Pradesh, in Section 5, for the words Inspector-General of Police, substitute Director General-Cum-Inspector-General of Police.Uttar Pradesh Act 10 of 1984, Section 4.

(a) after the words dismiss suspend or reduce, insert either in rank or within a time scale; and

(b) after the Cl. (d), add the following clause, namely:

(e) stoppage of increments.East Punjab Act 30 of 1948, Section 2 and Central Act 31 of 1966, Section 88.

[Uttar Pradesh] .In its application to the whole of U.P., except the Jaunsar-Bawar Pargana of the Dehradun district and the portion of the Mirzapur district of south of Kaimur Range, in Section 7, add the following clause, namely:

(e) withholding of increments or promotion including stoppage at an efficiency bar.Uttar Pradesh Act 2 of 1944, Section 4 (w.e.f. 1-4-1944).

(ii) In its application to the State of Uttar Pradesh, in Section 7, for the words Inspector-General, substitute Director-General-cum-Inspector-General, Inspector-General.Uttar Pradesh Act 10 of 1984, Section 5.

[West Bengal] .In its application to the State of West Bengal, for Section 7, substitute the following sections, namely:

7. Punishment of subordinate ranks of the police force in disciplinary cases.The appointing authority, or an officer not lower in rank than the appointing authority, shall be competent to inflict all punishments on the members of the subordinate ranks of the police force in disciplinary cases.

7-A. Validity of appointment, dismissal and punishment of subordinate ranks of the police force in certain cases.Notwithstanding anything contained elsewhere in this Act or any rule, regulation or order made thereunder, all appointments made by the Inspector-General or any other authority subordinate to him, all orders of dismissal or removal from office passed by any such authority, not being an authority subordinate to the authority by which the respective appointments were made, and all orders inflicting any other punishment passed by any other authority, before the commencement of the Police (West Bengal Amendment) Act, 1963, in respect of the subordinate ranks of the police force shall be deemed to be, and to have always been, validly passed.West Bengal Act 38 of 1963, Section 4 (w.e.f. 3-2-1964).

Provided that every police officer appointed to the police force in any merged State prior to the 31st December, 1947 or 1948 and continued in service after that date shall, till the 1st March, 1948 or 1949, be deemed to be a police officer for the purposes of this Act, but after the latter date, he shall cease to be a police officer unless he is enrolled under this section.Orissa Act 4 of 1950, Sch. (w.e.f. 3-3-1950).

[Pondicherry] .In its application to the Union territory of Pondicherry, after Section 8, insert the following sections, namely:

8-A. Unlawful assumption of police functions, personation, etc.Any person who

(a) unlawfully assumes any function assigned to, or power conferred on, a police officer, or

(b) has in his possession, without any lawful excuse, any distinctive article or any dress required to be worn exclusively by a police officer, or

(c) puts on any dress with the intention of being taken as a police officer, or

(d) personates a police officer, shall, in addition to any other punishment to which he may be liable for any offence committed by him under such assumed character, be punishable with imprisonment for a term which may extend to six months or with fine or with both.

8-B. Penalty for offences against police officers.If any person maliciously or without reasonable and probable cause prefers any false or frivolous charge against any police officer in any Court of law, he shall be punishable with imprisonment for a term which may extend to three months or with fine or with both.Pondicherry Act 6 of 1966, Section 3 (w.e.f. 10-3-1966).

[Uttar Pradesh] .In its application to the State of Uttar Pradesh,

(i) in Section 8, for the words, Inspector-General, substitute wherever occurring, Director-General-cum-Inspector-General.Uttar Pradesh Act 10 of 1984, Section 6.

(ii) after Section 8, insert the following section, namely:

8-A. Enrolment of Civil Aviation Personnel.Every civil aviation personnel who has, by virtue of this Act, become a member of a police force, shall receive on the commencement of the Police (Uttar Pradesh Amendment) Act, 2001, and every such personnel appointed, after such commencement, as such member, shall receive on his appointment, a certificate in the form given below under the seal of the Director General, Civil Aviation, Uttar Pradesh or such other officer as the State Government may appoint in this behalf.

Form of Enrolment

Certified that Sri.................................................................has been appointed as a civil aviation personnel being a member of a police force under the Police Act, 1861.Uttar Pradesh Act 33 of 2001, Section 4 (w.e.f. 10-8-2001).

(i) in sub-S. (1), the words in regard to which any proclamation notified under the last proceeding section is in force and the words being an inhabitant of such area shall be omitted.

(ii) in sub-S. (2), Cls. (a), (b) and (c) shall be relettered as Cls. (b), (c) and (d), respectively and the following shall be inserted as Cl. (a), namely:

(a) declare the limits of the local area, the inhabitants of which have, in his opinion, been guilty of such misconduct or caused or contributed to the same.Andhra Pradesh Act 13 of 1948, Section 2.

[Orissa] .In its application to the State of Orissa, for Section 15-A, substitute the following section, namely:

15-A. Awarding compensation to sufferers from misconduct of inhabitants of any area.(1) If, in any area, death or grievous hurt or loss of, or damage to, property (including public property) has been caused by or has ensued from the misconduct of the inhabitants of such area or any class or section of them or from the failure on their part to render assistance in preventing such loss or damage, it shall be lawful for any person, who claims to have suffered injury, loss or damage from such misconduct or failure, to make, within one month from the date of the injury, loss or damage, as the case may be, an application for compensation to the Magistrate of the district within which such area is situated.

(2) It shall thereupon be lawful for the Magistrate of the district, with the sanction of the State Government, after such enquiry as he may deem necessary, and whether any additional police force has or has not been quartered in such area under the last preceding section, to

(a) declare the limits of the area the inhabitants of which have, in his opinion, been guilty of such misconduct or failure;

(b) declare the persons to whom injury, loss or damage has been caused by or has ensued from such misconduct or failure;

(c) fix the amount of compensation to be paid to such person and where there are more than one such person, the manner in which it is to be distributed among them; and

(d) assess the proportion in which the same shall be paid by the inhabitants (other than the applicant) of such area who shall not have been exempted under sub-section (3) from the liability to pay:

Provided that where the applicant is a private individual, the Magistrate shall not make any declaration unless he is of opinion that such injury, loss or damage as aforesaid has arisen from a riot or unlawful assembly within such area, and that the applicant was himself free from blame in respect of the occurrence which led to the injury, loss or damage.

(3) It shall be lawful for the State Government, by order, to exempt any person or class or section of such inhabitants from the liability to pay any portion of such compensation.

(4) Every declaration or assessment made or order passed by the Magistrate of the district under sub-section (2) shall be subject to revision by the Revenue Divisional Commissioner or the State Government, but save as aforesaid, shall be final.

(5) No civil suit shall be maintainable in respect of any injury, loss or damage for which compensation has been awarded under this section.

Explanation I.In this section

(a) inhabitants shall have the same meaning as in section 15;

(b) person shall include the Central Government, the Government of any State, any Local Authority, any Company, any Corporation and any Association or body of individuals, whether incorporated or not;

(c) public property shall have reference to any property owned by or belonging to

(i) the Central Government or the Government of any State;

(ii) any local authority;

(iii) any Corporation established under any law which is owned, controlled or managed, partly or wholly, by the Central Government or any State Government;

(iv) any company in which not less than fifty-one per cent of the share capital is held by the Central Government or any State Government or jointly by more than one such Government; and

(v) any autonomous body established under any law.

Explanation II. An application under sub-section (1) may be made

(a) in case of the Government, by such officer as the Government may authorise in that behalf, and

(b) in the case of any local authority, Company, Corporation, Association or body, by the person who is in charge of the property.Orissa Act 5 of 1976, Section 2 (w.e.f. 8-3-1976).

[Tamil Nadu] .In its application to the State of Tamil Nadu, in Section 15-A,

(i) in sub-S. (1), the words in regard to which any proclamation notified under the last proceeding section is in force and the words being an inhabitant of such area shall be omitted.

(ii) in sub-S. (2), Cls. (a), (b) and (c) shall be relettered as Cls. (b), (c) and (d) respectively, and the following shall be inserted as Cl. (a), namely:

(a) declare the limits of the local area, the inhabitants of which have in his opinion been guilty of such misconduct or caused or contributed to the same.Tamil Nadu Act 13 of 1948, Section 2 (w.e.f. 4-5-1948).

[Uttar Pradesh] .In its application to the State of Uttar Pradesh, in Section 15-A,

(a) in sub-S. (1), for the words one month, substitute three months;

(b) to sub-S. (1), add the following proviso, namely:

Provided that the period of limitation for such application for compensation in respect of death or grievous hurt or loss of, or damage to, property caused before the first day of April, 1939, shall be four months.Uttar Pradesh Act 2 of 1939, Section 2 (w.e.f. 1-1-1939).

29-A. Prohibition of smoking in places of entertainments.(1) If any entertainment (including cinematograph, exhibition, dance or drama) to which members of the public are admitted, whether on payment or not, is held in an enclosed place or building, then no person shall during the prohibited period, as defined in sub-section (2), smoke either

(a) on the stage except in so far as smoking may be any part of entertainment, or

(b) in the auditorium, that is to say, in that portion of the enclosed place or building in which the accommodation is provided for members of the public:

Provided that the State Government may, by notification in the Official Gazette, exempt any class of entertainments from the provisions of this sub-section.

(2) For the purposes of sub-section (1), prohibited period means so much of the period commencing thirty minutes before the beginning of the entertainment and ending with the termination thereof, as may fall within the hours which the State Government may, by notification in the Official Gazette, specify in this behalf for entertainment generally or any class of entertainments.

(3) Any person who contravenes the provisions of this section shall be liable to be ejected summarily from the enclosed place or building by any police officer and shall also be punishable with fine which may extend to fifty rupees.

(4) A person ejected under sub-section (3) shall not be entitled to the refund of any payment made by him for admission to the entertainment or to any other compensation.

29-B. Powers of police on occurrence of fire.(1) On the occurrence of a fire, any police 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 operation for extinguishing the fire or for saving life or property;

(b) close any street or passage in or near which any fire is burning;

(c) by himself or those acting under his orders, break into or through, or pull down, or use for the passage of houses, or other appliances, any premises for the purpose of extinguishing the fire, doing as little damage as possible;

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

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

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

(2) Any damage done on the occurrence of fires by members of Fire Services or any fire-brigade or by police officers or their assistants in due execution of their duties shall be deemed to be damaged by fire within the meaning of any policy of insurance against fire.

Explanation. Nothing in this section shall exempt any police officer or any member of Fire-Services or fire-brigade from liability to damages on account of any acts done by him without reasonable cause.

29-C. Penalty for false alarm of fire.Whoever gives or causes to be given to any fire-brigade or to any member thereof or to any member of the Fire Services, whether by means of of a street fire alarm, statement, message or otherwise, any alarm of fire which he knows to be false, shall be punishable for the first offence with fine which may extend to fifty rupees and for a second or subsequent offence with imprisonment which may extend to six months and with fine.”—Pondicherry Act 6 of 1966, Section 4 (w.e.f. 10-3-1966).

(i) in sub-S. (1), for the words on the public roads, or in the public streets or thoroughfares, substitute in public place;

(ii) in sub-S. (2), for the words in any such road, street or thoroughfare, substitute in any such public place;

(iii) in sub-S. (4), for the words in the streets, substitute in public places.Tamil Nadu Act 22 of 1955, Section 2(b) (w.e.f. 21-9-1955) and Tamil Nadu Act 14 of 1962, Section 3 and Sch. I (w.e.f. 9-1-1963).

(iv) section was extended to the erstwhile Sandur State by Tamil Nadu Act 35 of 1949, Section 14. Sandur area now forms part of the Mysore State.See Act 37 of 1956.

[Uttar Pradesh] .In its application to the State of Uttar Pradesh, in Section 30, in sub-S. (1), for the words Assistant District Superintendent, substitute Additional District Superintendent or Joint District Superintendent or Assistant District Superintendent.Uttar Pradesh Act 10 of 1984, Section 12.

[Uttar Pradesh] .In its application to the State of Uttar Pradesh, in Section 32,

(i) for the words Assistant District Superintendent, substitute Additional District Superintendent or Joint District Superintendent or Assistant District Superintendent.Uttar Pradesh Act 10 of 1984, Section 14.

(ii) after Section 32, insert the following sections, namely:

32-A. Power to prohibit mass drill or mass training, etc.(1) The Magistrate of the district may, whenever he considers it necessary so to do for preservation of the public peace or public safety or for the maintenance of public order, by public notice or by order directed to individuals in any place prohibit, in any area within his jurisdiction, the carrying of arms or the holding of or taking part it any mass drill or mass training with arms where it arouses reasonable apprehension that the participant in such drill or training are likely to cause fear or alarm or a feeling of insecurity among the public or any section thereof.

Explanation. For the purpose of this section arms means any type of offensive weapon and includes lathi, danda, stick and belcha.

(2) No prohibition under this section shall remain in force for more than three months:

Provided that if the State Government considers it necessary so to do for the preservation of public peace or public safety or for the maintenance of public order, it may, by notification, direct that a public notice or order issued by Magistrate of the district under sub-section (1) shall remain in force for such further period, not exceeding six months from the date on which such notice or order would have, but for such direction, expired as it may specify in the said notification.

(3) The Magistrate of the district may, either on his own motion or on the application of any person aggrieved, rescind or alter any order made by him under sub-section (1).

(4) The State Government may, either on its own motion or on the application of any person aggrieved, rescind or alter any order made by it under the proviso to sub-section (2) or by the Magistrate of the district under sub-section (1).

(5) Where an application under sub-section (3) or sub-section (4) is received, the Magistrate of the district or the State Government, as the case may be, shall afford to the applicant an opportunity of appearing before him or it either in person or by Pleader and showing cause against the order; and if the Magistrate of the district or the State Government, as the case may be, rejects the application wholly or in part, he or it shall record in writing the reasons for so doing.

32-B. Penalty for contravention of prohibition under section 32-A.(1) Whoever, contravenes any prohibition made under section 32-A, shall be liable, on conviction before a Magistrate, to imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees or with both.

(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, an offence punishable under this section shall be cognizable.Uttar Pradesh Act 5 of 1985, Section 2 (w.e.f. 1-8-1985).

[Manipur] .In its application to the State of Manipur,

(1) In Section 34 of the Police Act, 1961, for the words not exceeding fifty rupees or to imprisonment with or without hard labour not exceeding eight days, substitute not exceeding five hundred rupees, or to imprisonment with or without hard labour not exceeding three months of an offence under clause sixthly and to a fine not exceeding fifty rupees, or to imprisonment with or without hard labour not exceeding eight days for the rest of the offence.Police (Manipur Second Amendment) Act, 1976), Section 2.

(2) The proviso inserted by the Police (Manipur Second Amendment) Act, 1976, after clause eighth shall be omitted.Manipur Act 12 of 1977, Section 2 (w.e.f. 15-12-1977).

[Punjab, Haryana and Chandigarh] .In its application to the States of Punjab and Haryana and Union territory of Chandigarh, in Section 34, the words before a Magistrate shall be omitted.Punjab Act 25 of 1964, Section 2 and Sch. and Central Act 31 of 1966, Section 88 (w.e.f. 1-11-1966).

[Tamil Nadu] .In its application to the State of Tamil Nadu, in Section 34, for the words on any road or in any open place or street or thoroughfare, substitute any public place.Tamil Nadu Acts 22 of 1955, Section 2 (w.e.f. 21-9-1955) and 14 of 1962, Section 2 and Sch..

[Tripura] .In its application to the State of Tripura, in Section 34, after clause eighth, insert the following clause, namely:

NinthAny person who rides a bicycle without a bell at any hour of day or night, or without a light, during the hours indicated below, namely:

(a) April to September:

6.30 p.m. to 5 a.m.

(b) October to March:

5.30 p.m. to 5 a.m.Tripura Act 6 of 1965, Section 2.

[Uttar Pradesh] .In its application to the State of Uttar Pradesh, in Section 34,

(i) the existing Section 34 shall be renumbered as Section 34(1);

(ii) in sub-S. (1) as renumbered the words visitors shall be inserted between the words residents and or passengers and for the word section substitute sub-section;

(iii) after sub-S. (1) as so renumbered add the following sub-sections, namely:

(2) The State Government may, by notification in the Official Gazette, extend to any rural area specified in the notification the provisions of sub-section (1) and thereupon its provisions shall apply to such area as if it were a town to which the said sub-section had been specially extended.

(3) The extension under sub-section (2) shall be for a specified period and in respect of all or any of the offences as may be specified.Uttar Pradesh Act 32 of 1952, Section 2 (w.e.f. 20-11-1952).

34-A. Penalty for annoying females.Whoever with a view to annoying any female, wilfully and indecently exposes his person or any portion thereof, makes any gesture, utters any word or makes any other sound, in any office, street, public place or vehicle, in such manner as to be seen or heard by such female, whether or not from within any house or building, shall be punishable with fine which may extend to fifty rupees.

34-B. Power to arrest.It shall be lawful for any police officer to take into custody, without a warrant any person who within his view commits the offence punishable under section 34-A.Manipur Act 1 of 1969, Section 2 (w.e.f. 24-2-1969).

34-C. Prohibition of sale at a higher price of tickets once issued for admission to an entertainment.(1) For the purpose of preventing disorder or disturbance at or near any place where entertainment is held, the District Magistrate concerned may with the previous sanction of the State Government by orders (of which public notice shall be given), prohibit within a radius of one furlong from the place of entertainment the sale or the offer for sale of tickets once issued for admission as spectators to such entertainment at a price higher than the price at which such tickets were originally issued.

(2) Whoever contravenes any order referred to in sub-section (1) shall be liable to imprisonment for a term which may extend to three months or to a fine which may extend to one hundred rupees or to both.

(3) Any police officer not below the rank of sub-Inspector may arrest without warrant any person committing an offence punishable under this section.

Explanation. In this section the expression the entertainment means any exhibition, performances, amusement, game or sport to which persons are admitted as spectators on production of tickets.Police (Manipur Second Amendment) Act, 1976, Section 3.

[Orissa] .In its application to the State of Orissa, after Section 34, insert the following section, namely:

34-A. Punishment for unauthorised sale of tickets for admission to a place of entertainment.(1) Any person who sells or attempts to sell tickets for admission to place of entertainment, except under the orders of, and at the place provided and price fixed in this behalf by, the proprietor of the entertainment, shall be punishable with imprisonment which may extend to six months or with fine which may extend to one thousand rupees or with both.

(2) If any person is convicted for any second or subsequent offence under sub-section (1), he shall be punishable with imprisonment for a term which shall not be less than twenty-one days but which may extend to one year and shall also be punishable with fine which may extend to one thousand rupees.

(3) Any police officer not below the rank of Sub-Inspector may take into custody without warrant, any person who, within his view, commits any offence punishable under sub-section (1) or seize any ticket in respect of which he is satisfied that any such offence has been committed.

(4) A Court trying an offence under sub-section (1) or under sub-section (2) may without prejudice to any other or further order or orders, that may, in its opinion, be passed in the case, direct the forfeiture of any ticket which may have been seized under sub-section (3).

Explanation. In this section,

(a) entertainment means any exhibition, performance, amusement, game or sports to which persons are admitted on production of tickets; and

(b) the expression proprietor in relation to any entertainment includes any person responsible for the management of such entertainment.Orissa Act 34 of 1976, Section 2 (w.e.f. 23-8-1976).

[Pondicherry] .In its application to the Union territory of Pondicherry,

(i) after Section 34, insert the following sections, namely:

34-A. Penalty for being found armed between sunset and sunrise intending to commit an offence.Whoever is found between sunset and sunrise

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

(ii) having his face covered or otherwise disguised with intent to commit an offence, or

(iii) lying or loitering or squatting in any bazar, yard or public place and without being able to give a satisfactory account of himself, or

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

(v) having in his possession, without lawful excuse any instrument of house-breaking, shall be punishable with imprisonment for a term which may extend to three months.

34-B. Penalty for certain offences in public place.Whoever, in any public place,

(i) drives, drags or pushes any vehicle at any time between half an hour after sunset and half an hour before sunrise without sufficient light;

(ii) without reasonable cause, drives, drags or pushes any vehicle otherwise than in accordance with the rules of the road notified from time to time by the State Government, or fails to obey the directions of a police officer for the time being in charge of regulation of traffic;

(iii) leads or rides any animal or drives, drags or pushes any vehicle upon any footway, or fastens any animal so that it can stand across or upon any footway;

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

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

(vi) beats a drum or tom-tom, or blows a horn or trumpet or beats or sounds any brass or other instrument or utensil or plays any music or use any sound amplifier except at such time and place and subject to such conditions as may be specified in a licence issued in this behalf by the Inspector-General of Police or by any authority authorised in this behalf by him;

(vii) without the consent of the owner or occupier, in any manner affixes or causes to be affixed any bill, notice, document, paper or other thing upon any place or any building, monument, statute, effigy, post, wall, fence, tree or other erection therein or in any manner disfigures, writes upon or otherwise marks, or causes to be defaced, disfigured, written upon, or otherwise marked any such public place or any such building, monument, statute, effigy, wall fence, post, tree or erection;

(viii) begs or applies for alms, or exposes or exhibits any sore, wound, bodily ailment or deformity with the object of exciting charity or extorting alms;

(ix) uses any indecent, threatening, abusive or insulting words or behaves in a threatening or insulting manner or posts up or affixes or exhibits any indecent, threatening, abusive or insulting paper or drawing with intent to provoke a breach of peace or whereby a breach of peace may be occasioned, shall be punishable with fine which may extend to fifty rupees or with imprisonment for a term which may extend to one month.Pondicherry Act 6 of 1966, Section 5 (w.e.f. 10-3-1966).

(2) After Section 34-B, insert the following sections, namely:

34-BB. Penalty for annoying females in public place or office.Whoever with a view to annoying any female, wilfully and indecently, exposes his person or any portion thereof, makes any gesture, utters any word, or makes any sound, intending that such person or portion thereof or gesture shall be seen or that such word or sound shall be heard by such female in any public place or office, whether such exposure, gesture, word or sound is made or uttered from within any house or building or not, shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to fifty rupees, or with both.Pondicherry Act 7 of 1968, Section 2 (w.e.f. 11-5-1968).

34-C. Penalty for committing nuisance in public place .Whoever in or by the side of or near to any public place commits a nuisance by easing himself or passing urine, or whoever having the care or custody of any child under seven years of age omits to prevent such child committing a nuisance by easing himself or passing urine, shall be punishable with fine which may extend to five rupees.

34-D. Penalty for lighting bonfire, burning straw, discharging fire-arm, etc., in or near any public place.(1) Whoever except at such times and places as the Inspector-General of Police or any person authorised in this behalf by him may allow, in or near any public place lights any bonfire, sets fire to or burns any straw or other matter, discharges any fire-arm or air-gun, lets off or discharges any firework, or sends up any fire balloon or permits such act to be done in premises over which he has control, shall be punishable with fine which may extend to fifty rupees.

(2) In the event of any such act as is referred to in sub-section (1), 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 committed without his knowledge.

34-E. Penalty for drunkenness or riotous or indecent behaviour in public place.(1) Whoever is found drunk and incapable of taking care of himself or is guilty of any riotous, disorderly or indecent behaviour in any public place, in any place of public amusement, or on board any passenger boat or vessel, shall be punishable with imprisonment for a term which may extend to one month or with fine which may extend to fifty rupees or with both.

(2) Whoever is guilty of any violent disorderly or indecent behaviour in any police office or station shall be punishable with imprisonment for any term which may extend to one month or with fine which may extend to fifty rupees or with both.

34-F. Pawn-brokers, etc., to report stolen property if tendered for pawn or sale.(1) Any officers of police may deliver to any pawn-broker, dealer in second hand property or worker in metals, a list of any property believed 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 him in pawn, for sale or otherwise, to inquire the name and address of the party offering such article, to seize and detain the article, and forthwith to communicate to the nearest police station, the fact of such article having been offered and such name and address as may be given by the party offering.

(2) Any pawn-broker, dealer or worker who fails, without any reasonable excuse, to comply with the requirement of sub-section (1), shall be punishable with fine which may extend to fifty rupees for every such offence.

(3) A pawn-broker, dealer or worker to whom any article as is referred to in sub-section (1) is offered may detain the person offering such article, pending the arrival of the police.Pondicherry Act 6 of 1966, Section 5 (w.e.f. 10-3-1966).

34-G. Prohibition of sale of tickets for admission to an entertainment except under the orders of, and at the place provided and price fixed by the proprietor of the entertainment.(1) Whoever sells or attempts to sell tickets for admission to a place of entertainment, except under the order of, and at the place provided and price fixed in this behalf by, the proprietor of the entertainment, shall be punishable 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) Any police officer who takes cognizance of any offence under sub-section (1) may seize any ticket in respect of which he is satisfied that any such offence has been committed.

(3) A Court trying any offence punishable under sub-section (1) may, without prejudice to any other or further order or orders, that may, in its opinion, be passed in the case, direct the forfeiture of any ticket which may have been seized under sub-section (2).

Explanation. In this section,

(a) entertainment means any exhibition, performance, amusement, game or sport to which persons are admitted on production of tickets; and

(b) proprietor in relation to any entertainment, includes any person responsible for the management of such entertainment.Regulation 2 of 1979, Section 2 (w.e.f. 9-4-1979).

[Sikkim] .In its application to the State of Sikkim, after Section 34, insert the following sections, namely:

34-A. Power to prohibit, restrict, regulate or impose conditions on the use of microphones, etc.(1) If, in the opinion of the Magistrate of the district or Superintendent of Police of the district or Sub-Divisional Police Officer, it is necessary so to do for the purpose of preventing annoyance to, or injury to the health of, the public or any section thereof, or for the purpose of maintaining public peace and tranquillity, he may, by order, prohibit, restrict, regulate or impose conditions on the use or operation, in any area within his jurisdiction or in any vehicle within such area, of microphones, loudspeakers or other apparatus for amplifying human voice or for amplifying music or other sounds.

(2) The State Government may, on its own motion or on the representation of any person or persons aggrieved, modify, alter or cancel any order made under sub-section (1).

(3) A police officer, not below the rank of Sub-Inspector, may take such steps or use such force as may be reasonably necessary for securing compliance with any order made under sub-section (1) or any such order as modified or altered by the State Government under sub-section (2) and may seize any microphone, loudspeaker or other apparatus used or operated in contravention of the order.

(4) A police officer, who seizes any microphone, loudspeaker or other apparatus under sub-section (3), may also at the same time seize any vehicle in which such microphone, loudspeaker or other apparatus is being carried or conveyed or is being kept at that time:

Provided that any police officer of the police-station within the limits of which the vehicle is seized, not below the rank of Sub-Inspector, may release such vehicle on a bond for such sum not exceeding five hundred rupees as he deems reasonable being executed by the owner of the vehicle in favour of the State Government to produce the vehicle at the time of the investigation or the trial, and to surrender the vehicle, if directed to be forfeited under sub-section (5).

(5) Any person who contravenes any order made by the Magistrate of the district or Superintendent of Police of the district or any Sub-Divisional Police Officer under sub-section (1) or any such order as modified or altered by the State Government under sub-section (2), shall, on conviction before a Magistrate, be liable to a fine which may extend to one hundred rupees and the Court trying an offence under this section may also direct the forfeiture of any microphone, loudspeaker or other apparatus seized under sub-section (3) or any vehicle seized under sub-section (4) or released under the proviso to that sub-section.

(6) The provisions of this section shall be in addition to and not in derogation of the powers conferred by any other section of the Act.

34-B. Power to prohibit sale of tickets for admission to an entertainment except under the orders and at the place provided and price fixed, etc.(1) Any person who sells or attempts to sell ticket for admission to a place of entertainment, except under the order of, and at the place provided for and price fixed in this behalf, by the proprietor of the entertainment shall on conviction before a Magistrate, be liable to imprisonment for a term which may extend to three months or fine which may extend to one hundred rupees or with both.

(2) Any police officer not below the rank of Head-Constable may take into custody, without warrant, any person who, in his view, commits any offence punishable under sub-section (1) or seize any tickets in respect of which he is satisfied that any such offence has been committed.

(3) A Court trying any offence punishable under sub-section (1) may, without prejudice to any other or further order or orders that may, in its opinion be passed in the case, direct the forfeiture of any ticket which may have been seized under sub-section (2).

Explanation. In this section

(a) entertainment means any exhibition, performance, amusement, game or sport to which persons are admitted on production of ticket, and

(b) the expression proprietor in relation to any entertainment includes any person responsible for the management of such entertainment.Sikkim Act 7 of 1980, Section 3 (w.e.f. 4-7-1980).

[Tripura] .In its application to the State of Tripura, after Section 34, insert the following sections, namely:

34-A. Prohibition of sale of tickets for admission to an entertainment except under the orders of, and at the place provided and price fixed by, the proprietor of the entertainment.(1) Any person who sells or attempts to sell tickets for admission to a place of entertainment, except under the orders of, and at the place provided and price fixed in this behalf by, the proprietor of the entertainment, shall, on conviction before a Magistrate, be liable to imprisonment for a term not exceeding eight days or to a fine not exceeding fifty rupees.

(2) Any police officer not below the rank of Sub-Inspector may take into custody, without a warrant any person who, within his view, commits any offence punishable under sub-section (1) or seize any ticket in respect of which he is satisfied that any such offence has been committed.

(3) A Court trying an offence punishable under sub-section (1) may, without prejudice to any other or further order or orders, that may, in its opinion, be passed in the case, direct the forfeiture of any ticket which may have been seized under sub-section (2).

Explanation. In this section

(a) entertainment means any exhibition, performance, amusement, game or sport to which persons are admitted on production of tickets; and

(b) the expression proprietor in relation to any entertainment includes any person responsible for the management of such entertainment.

34-B. Offences under sections 32, 34 or 34-A to be compoundable.(1) An offence punishable under sections 32, 34 or 34-A may, with the permission of the Court before which any prosecution for such offence is pending, be compounded by the District Superintendent of Police or any person authorised in this behalf by him.

(2) The composition of an offence under sub-section (1) shall have the effect of an acquittal of the accused with whom the offence has been compounded.Tripura[Uttar Pradesh] .In its application to the State of Uttar Pradesh, after Section 34, insert the following section, namely:

34-A. Compounding of offences under sections 32 and 34.An offence punishable under section 32 or section 34 may, subject to any general or special order of the State Government in this behalf, be compounded by the District Superintendent of Police, either before or after the institution of the prosecution, on realisation of such amount of composition fee as he thinks fit not exceeding the maximum amount of fine fixed for the offence; and when the offence is so compounded

(i) before the institution of prosecution, the offender shall not be liable to prosecution, for such offence and shall, if in custody, be set at liberty;

(ii) after the institution of the prosecution, the composition shall amount to acquittal of the offenders.Uttar Pradesh Acts 12 of 1957 and 35 of 1979, Section 5 (w.e.f. 18-12-1079).

[West Bengal] .In its application to the State of West Bengal, after Section 34, insert the following sections, namely:

34-A. Power to prohibit, restrict, regulate or impose conditions on the use of microphones, etc.(1) If, in the opinion of the Magistrate of the district or any Sub-Divisional Magistrate, or Magistrate of the first class, it is necessary so to do for the purpose of preventing annoyance to, or injury to the health of, the public or any section thereof, or for the purpose of maintaining public peace and tranquillity, he may, by order, prohibit, restrict, regulate or impose conditions on the use or operation, in any area within his jurisdiction or in any vehicle within such area, of microphones, loudspeakers or other apparatus for amplifying human voice or for amplifying music or other sound.

(2) The State Government may, on its own motion or on the representation of any person or persons aggrieved, modify, alter or cancel any order made under sub-section (1).

(3) A police officer not below the rank of Sub-Inspector, may take such steps or use such force as may be reasonably necessary for securing compliance with any order made under sub-section (1) or any such order as modified or altered by the State Government under sub-section (2) and may seize any microphone, loudspeaker or other apparatus used or operated in contravention of the order.

(4) A police officer, who seizes any microphone, loudspeaker or other apparatus under sub-section (3), may also at the same time seize any vehicle in which such microphone, loudspeaker or other apparatus is being carried or conveyed or is being kept at that time:

Provided any police officer of the police-station within the limits of which the vehicle is seized, not below the rank of Sub-Inspector, may release such vehicle on a bond for such sum not exceeding five hundred rupees as he deems reasonable being executed by the owner of the vehicle in favour of the State Government to produce the vehicle at the time of the investigation or the trial, and to surrender the vehicle, if directed to be forfeited under sub-section (5).

(5) Any person who contravenes any order made by the Magistrate of the district or any Sub-Divisional Magistrate or Magistrate of the first class under sub-section (1) or any such order as modified or altered by the State Government under sub-section (2) shall, on conviction before a Magistrate, be liable to a fine which may extend to one hundred rupees and the Court trying an offence under this section may also direct the forfeiture of any microphone, loudspeaker or other apparatus seized under sub-section (3) or any vehicle seized under sub-section (4) or released under the proviso to that sub-section.

(6) The provisions of this section shall be in addition to and not in derogation of the powers conferred by any other section of this Act.West Bengal Act 38 of 1963, Section 5 (w.e.f. 3-2-1964).

34-B. Prohibition of sale of tickets for admission to an entertainment except under the orders of, and at the place provided and price fixed by, the proprietor of the entertainment .(1) Any person who sells or attempts to sell tickets for admission to a place of entertainment, except under the orders of, and at the place provided and price fixed in this behalf by, the proprietor of the entertainment, shall, on conviction before a Magistrate, be liable to imprisonment for a term which may extend to three months or with fine which may extend to one hundred rupees or to both.

(2) Any police officer not below the rank of Sub-Inspector may take into custody, without warrant, any person who, within his view, commits any offence punishable under sub-section (1) or seize any ticket in respect of which he is satisfied that any such offence has been committed.

(3) A Court trying any offence punishable under sub-section (1) may, without prejudice to any other or further order or orders, that may, in its opinion, be passed in the case, direct the forfeiture of any ticket which may have been seized under sub-section (2).

Explanation. In this section

(a) entertainment means any exhibition, performance, amusement, game or sport to which persons are admitted on production of tickets; and

(b) the expression proprietor in relation to any entertainment includes any person responsible for the management of such entertainment.West Bengal Act 26 of 1964, Section 4 (w.e.f. 12-12-1964).

[Maharashtra] .In its application to the State of Maharashtra, in Section 35, for the words exercising the powers of a Magistrate, substitute of such rank as the State Government may by a general or special order direct.Bombay Act 21 of 1954, Section 3 and Sch.

35-A. Fee for licence.For every licence or permission granted under this Act the Inspector-General of Police may levy such fee not exceeding two rupees as may, from time to time, be fixed by the State Government.

35-B. Police officer may arrest without a warrant in view of offence.Any Police Officer may arrest without a warrant any person committing in his view any offence made punishable under sections 29-A, 34-A, 34-B, 34-C, 34-D, *34-E or 34-G.

35-C. Penalty for breach of conditions of licences.(1) For any breach of the conditions of a licence granted under this Act, the offender shall be liable on conviction to fine, not exceeding one hundred rupees and such fine may be recovered from the person licenced, notwithstanding that such breach may have been owing to the default or carelessness of his servant or agent in charge of the shop or place.

(2) Any licence granted to a person who is convicted for any breach of any of the conditions of a licence granted under this Act shall also be liable to be cancelled at the discretion of the Inspector-General of Police.Pondicherry Act 6 of 1966, Section 6 (w.e.f. 10-3-1966).*Substituted by Regulation 2 of 1979, Section 3 (w.e.f. 9-4-1979).

45-A. Conferment of powers of police officers.The State Government may, by notification, confer on any person any of the powers which may be exercised by a police officer under any act for the time being in force and such person shall be subject to the orders of the District Superintendent of Police.Madhya Pradesh Act 23 of 1958, Section 3 and Sch.

[Uttar Pradesh] .In its application to the State of Uttar Pradesh, in Section 45, for the words Inspector General, substitute Director-General-cum-Inspector-General.Uttar Pradesh Act 10 of 1984, Section 16.

[Maharashtra] .In its application to the State of Bombay, in Cl. (a) of sub-S. (2) of Section 46, for the words Magistrate, substitute Executive Magistrates.Bombay Act 21 of 1954, Section 3 and Sch. II.

[Orissa] .In its application to the State of Orissa, in Section 46, sub-S. (1) and the first fourteen words of sub-S. (2) shall be omitted.Orissa Act 4 of 1950, Sch. (w.e.f. 3-3-1950).