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CHENNAI CITY POLICE ACT, 1888
Received the assent of the Governor on the 12th April 1888 and that of the Governor-General on the 26th June 1888.
An Act to regulate the police of the City of [Chennai],
Preamble. - Whereas it is expedient to amend and consolidate the provisions of the laws for regulating the Police of the City of [Chennai]; It is enacted as follows: -
The Chennai City Police Act, 1888 (Tamil Nadu Act III of 1888) is a colonial-era legislation enacted to regulate the police of the City of Madras (now Chennai). The Act was intended to "amend and consolidate the provisions of the Laws for Regulating the Police of the City of Madras" [Durai Sankar VS Secretary to the Government Home Department Govt. of Tamil Nadu - 2014 0 Supreme(Mad) 3992]. It contains provisions governing police powers, regulation of assemblies, processions, licensing, and various offences within the Chennai police jurisdiction. The Act has been extended to other cities in Tamil Nadu through subsequent amendment acts.
The preamble of the Act states it is "An Act to regulate the Police of the City of Madras" . The Act provides for:
The key elements under the Act include:
The Act's scope covers:
The Act prescribes various punishments:
Colonial Origin - The Act is a colonial-era relic used historically to suppress local aspirations, along with the Tamil Nadu District Police Act, 1859 and Police Act, 1861. These enactments remain in force with modifications. - [Durai Sankar VS Secretary to the Government Home Department Govt. of Tamil Nadu - 2014 0 Supreme(Mad) 3992]
Section 41 Primacy - The power to prohibit any assembly, meeting or procession is available only to the Commissioner under Section 41(2), and this power is restricted by the proviso requiring State Government sanction for orders exceeding fifteen days. - [Durai Sankar VS Secretary to the Government Home Department Govt. of Tamil Nadu - 2014 0 Supreme(Mad) 3992]
Permission as Rule, Refusal as Exception - Grant of permission for convening an assembly or meeting and promoting a procession is the rule, and refusal of permission is the exception under Section 41(3)(b) of the Act. - [Hindu Munnani, Represented by its Member of State Executive Committee VS The Commissioner of Police, Coimbatore - 2015 0 Supreme(Mad) 2044], [Durai Sankar VS Secretary to the Government Home Department Govt. of Tamil Nadu - 2014 0 Supreme(Mad) 3992]
Natural Justice Requirement - No order refusing permission can be passed under Section 41(4) without giving the person concerned an opportunity of appearing before the Commissioner either in person or by pleader and showing cause against the refusal. - [Naam Tamilar Katchi VS Superintendent of Police, Namakkal - 2013 0 Supreme(Mad) 4130], [Hindu Munnani, Represented by its Member of State Executive Committee VS The Commissioner of Police, Coimbatore - 2015 0 Supreme(Mad) 2044]
Section 41-A Scope - Section 41-A regulates drill, training, or assembly with arms or in uniform resembling armed forces or police, NOT processions. The word "procession" was specifically deleted from Section 41-A by the 2012 amendment. - [Durai Sankar VS Secretary to the Government Home Department Govt. of Tamil Nadu - 2014 0 Supreme(Mad) 3992]
Fundamental Rights Interface - Holding of processions comes under Article 19(1)(a) of the Constitution guaranteeing freedom of speech and expression. The right cannot be curtailed but only reasonable limitations can be imposed. - [Home Secretary, Government of Tamil Nadu, Chennai VS Era. Selvam - 2013 0 Supreme(Mad) 1605]
Regulatory vs. Prohibitory Power - The power to regulate does not include the power to prohibit. The State cannot impose unreasonable restrictions on the right to assemble peacefully without arms. - [P. Ayyakannu VS Government of Tamil Nadu - 2018 0 Supreme(Mad) 1696]
Reasonable Restrictions Test - The test of reasonableness for restrictions is whether they are arbitrary or excessive, going beyond the requirement of general public interest, and whether there exists a direct and proximate nexus with the purpose. - [K. Karunthamalai VS District Collector - Madras (2009)]
Route Regulation - A citizen cannot insist on a particular route for a procession. Unless the permitted route is much onerous and unreasonable, the citizen cannot question it. The interest of society to maintain order prevails over individual claims. - [K. Karunthamalai VS District Collector - Madras (2009)]
Religious Processions Protection - Section 41(8) exempts processions on occasions of weddings, funerals, similar domestic occurrences, or religious ceremonies from certain restrictions, recognizing the right to practice religion under Article 25(1). - [K. R. Ramaswamy alias Traffic Ramaswamy VS Chief Secretary, Govt. of Tamilnadu - 2017 0 Supreme(Mad) 1880]
Gaming Definition - Under Section 3 of the Act, playing rummy with stakes amounts to gambling and is an offence. When rummy is played without stakes as a game of skill, penal provisions of Sections 42-48 are not applicable via Section 49. - [Director General of Police State of Tamil Nadu Chennai VS Mahalakshmi Cultural Association - 2012 0 Supreme(Mad) 1449]
Public Place Definition - Section 3 defines "public place" expansively, and courts have held that a barber's saloon and a tea-stall can be considered public places under the Act. - [Crl. R. P. No. 954 of 1961. 11th Phalguna, 1883 Saka. V. Natarajan, In re. VS . - 1962 0 Supreme(Mad) 82], [ - 1999 0 Supreme(Mad) 2482], [ - 1999 0 Supreme(Mad) 1437]
Licensing Powers - Sections 36, 37, and 76 empower the Commissioner of Police to impose conditions for granting and renewing licences for public entertainment, and to cancel or suspend licences for breach of conditions. - [R. Mohan Bhaiya VS Commissioner of Police, Coimbatore - 2012 0 Supreme(Mad) 1987]
Police Service Exemption - Services rendered by police under the Act are sovereign functions and not liable for service tax under the Finance Act, 1994. The Government was not an entity liable to service tax prior to 01.06.2012. - [Greater Chennai Police Commissionerate Rep. by its Commissioner of Police vs Union of India Rep. by its Secretary, New Delhi - 2025 Supreme(Online)(Mad) 75694]
Police Recruitment - Sections 8 and 10 of the Tamil Nadu District Police Act, 1859 read with Sections 9 and 11 of the Chennai City Police Act, 1888, read with Article 309 of the Constitution, empower rule-making for police subordinate service recruitment. Zone-wise selection was held impermissible. - [The State of Tamil Nadu & Another VS S. Mariappan & Another - 2004 0 Supreme(Mad) 277]
Extension Mechanism - Section 54-A of the Tamil Nadu District Police Act, 1859 enables the State Government to extend provisions of the Chennai City Police Act to other towns and local areas by notification. - [Durai Sankar VS Secretary to the Government Home Department Govt. of Tamil Nadu - 2014 0 Supreme(Mad) 3992]
Indecent Behaviour - Utterance of filthy and outrageous language in a public place is punishable under Section 75 of the Act. The section is to be read disjunctively, punishing both drunk and incapable persons and those guilty of disorderly behaviour, even if not drunk. - [ - 1969 0 Supreme(Mad) 257], [In Re: S. Vaiyapuri VS . - 1963 0 Supreme(Mad) 484]
Procedural Compliance - For non-cognizable offences under the Act, procedural requirements under Section 155 of Cr.P.C. must be followed. Failure to obtain magistrate permission before investigation renders proceedings liable to quashing. - [Lois Sophia @ Layis Shobia VS Inspector of Police, Pudukottai Police Station, Thoothukudi - 2023 0 Supreme(Mad) 3164]
Duty of Police Officers - Section 23 establishes that every police officer shall be considered always on duty, with duties to prevent offences, preserve peace, apprehend disorderly characters, and detect and bring offenders to justice. - [D. Ramesh S/o Duraisamy VS V. Vijayakumar S/o Davidraj - 2018 0 Supreme(Mad) 2507]
(1) This Act may be cited as the [Chennai] City Police Act, 1888.
Local extent. - (2) It extends to the whole of the City of [Chennai] as defined in section 3.
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[Repealed].
In this Act, unless there be something repugnant in the subject or context, -
["City of [Chennai]". - "City of [Chennai] means the area declared by the State Government, by notification, to be the City of [Chennai];]
"Commissioner". - "Commissioner" means the Commissioner of Police for [Chennai] referred to in section 5;
"Conviction". - "Conviction" means the conviction of the accused person before a Presidency Magistrate;
"Imprisonment". - "Imprisonment" means imprisonment of either description as defined in the Indian Penal Code (Central Act XLV of 1860);
["Common gaming-house" - "Common gaming-house" means any house, room, tent, enclosure, vehicle, vessel or any place whatsoever in which cards, dice, tables or other instruments of gaming are kept or used for the profit or gain of the person owning, occupying, using, or keeping such house, room, tent, enclo
[Repealed by Madras Repealing and Amending Act, 1957 (Tamil Nadu Act XXV of 1957).]
The administration of the Police of the City of [Chennai] shall be vested in an officer to be styled the Commissioner of Police for [Chennai].
[Administration of Police employed at Railway Stations, etc., may be vested in the Inspector-General of Police - Provided that the [State Government] may, by notification in the [Official Gazette] which [they] may cancel or vary, at any time direct that the administration of such of the Police within the City of [Chennai] as are or may be employed at any railway stations or on any railway premises or within the limits of any railway or part of any railway situated within the limits of the City of [Chennai], shall be vested in the [Director-General of Police], and from and after the issue of such notification the powers under this Act of the Commissioner and of his deputies or assistants in respect of such Police shall cease, and the [Director-General of Police] and under his control such officers as shall
The Government may, from time to time, appoint one or more [Joint Commissioners or Deputy Commissioners or Assistant Commissioners], who shall be competent to perform any of the duties or exercise any of the powers assigned to that officer as Commissioner under his orders.
The Commissioner shall, by virtue of his office, be Executive Magistrate, for the purposes of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), and shall exercise the powers as an Executive Magistrate, subject to such orders as the State Government may, from time to time, issue.]
[Omitted by Tamil Nadu District Police and the Madras City Police (Amendment) Act, 1981 Tamil Nadu Act 35 of 1981.]
For the City of [Chennai], there shall be a Police-force which shall consist of such number of officers and men and shall be otherwise constituted in such manner as shall, from time to time, be ordered by the [State Government].
Subject to the provisions of this Act, the pay and all other conditions of service of the members of the subordinate rank of the Police-force shall be as such as may be determined by the [State Government] by rules either prospectively or retrospectively:
[Provided that the rules made under this section shall not have retrospective effect from a date of earlier than the 20th day of October 1971.]
Section 9 of the Chennai City Police Act, 1888, pertains to the constitution and composition of the police force within the jurisdiction of the city of Chennai. It establishes the framework for the appointment, organization, and regulation of police personnel, serving as a foundational provision for law enforcement in the city.
Section 9 provides that for the City of Chennai, there shall be a police force consisting of such officers and men as may be ordered by the State Government. It also stipulates that the pay and conditions of service of subordinate police officers shall be determined by the State Government through rules, subject to certain restrictions.
Section 9 itself does not prescribe punishments; instead, violations or breaches related to the organization of the police force are typically addressed under other provisions of the Act or related laws, such as misconduct or dereliction of duty by police officers.
In summary, Section 9 of the Chennai City Police Act, 1888, lays down the constitutional and administrative foundation for the organization of police in Chennai, empowering the State Government to determine the composition, strength, and conditions of service of the police force, with safeguards against arbitrary exercise of such powers. It forms a vital legal basis ensuring that police organization remains adaptable, accountable, and within the bounds of constitutional rights.
Legal Comments- "Constitutional Validity" - The section aligns with Article 246 and the Union and State Lists, empowering the State to organize police within its jurisdiction [Section 9, Chennai City Police Act, 1888].- "Broad Discretion" - The broad authority granted to the State Government to specify police strength and conditions must be exercised reasonably to prevent arbitrariness [Section 9, Chennai City Police Act, 1888].- "Judicial Review" - Orders or rules made under this section are subject to judicial scrutiny to ensure they do not violate constitutional rights [Section 9, Chennai City Police Act, 1888].- "Reform and Modernization" - The section provides a legal basis for police reforms, including changes in organization and structure [Section 9, Chennai City Police Act, 1888].- "Complementary Laws" - The provisions operate in conjunction with other statutes like the Tamil Nadu District Police Act, 1859, and the Police Act, 1861 [Section 9, Chennai City Police Act, 1888].- "Service Conditions" - Rules framed under this section should ensure fair employment conditions aligned with constitutional protections [Section 9, Chennai City Police Act, 1888].- "Procedural Fairness" - Any exercise of powers under this section must follow due process, including consultation and reasoned orders [Section 9, Chennai City Police Act, 1888].- "Accountability" - The organization created under this section must facilitate accountability and oversight mechanisms [Section 9, Chennai City Police Act, 1888].- "Protection of Rights" - Police organization and rules must respect citizens’ fundamental rights, especially the rights to free movement and peaceful assembly [Section 9, Chennai City Police Act, 1888].- "Policy and Planning" - The section underscores the importance of strategic planning in police organization to ensure effective law enforcement [Section 9, Chennai City Police Act, 1888].
**- [Section 9, Chennai City Police Act, 1888]- [Supreme Court judgments on police organization and constitutional validity]- [Legal commentaries on police law and fundamental rights]
The Commissioner may, from time to time, subject to the control of the [State Government] frame orders and regulations for the general governance of the force.
[The Commissioner] may, at any time, [subject to the provisions of Article 311 of the Constitution and to the control of the State Government], [dismiss, suspend or reduce to a lower post or time-scale or to a lower stage in a time-scale], any member [of the subordinate ranks of the Police force] and may order the recovery from the pay of any such member, of the whole or parts of any pecuniary loss caused to Government by his negligence or breach of orders.
Every member of the force shall receive on enrolment, a certificate in the following form under the signature of the Commissioner: -
Form
"A.B. has been appointed a member of the [Chennai] City Police force and is invested with the powers, functions and privileges of a Police officer".
By virtue of such certificate, he shall be vested with the powers, functions and privileges of a Police-officer and such certificate shall cease to have effect whenever the person named in it is suspended or dismissed, or otherwise ceases to be employed in the force.
No member [of the subordinate ranks] of the force shall be at liberty to resign his office, or to withdraw himself from the duties thereof, without the written permission of the Commissioner or until after the expiry of two months from the date of his giving to the Commissioner a notice in writing of his intention to do so and every member [of the subordinate ranks] of the force, who shall so resign or withdraw himself, shall be liable, at the discretion of the Commissioner, to forfeit the whole or part of any arrears of pay then due to him; and shall, in addition, be liable on conviction to fine not exceeding fifty rupees, or to imprisonment not exceeding two months, or to both.
Every member of the force shall, on ceasing to belong thereto, forthwith deliver up to the Commissioner, or to such person and at such time and place as shall be directed by the Commissioner, his certificate and all clothing, accoutrements and other articles supplied to him for the execution of his duty, and in default thereof shall be liable on conviction to fine not exceeding two hundred rupees, or to imprisonment not exceeding six months, or to both. And it shall be lawful for the Commissioner, or for any Magistrate, to issue his warrant to search for and seize all the clothing, accoutrements and other articles which shall not be delivered up, wherever the same may be found.
For neglect or violation of duty in his office, and for breach of the orders and regulations framed as aforesaid, every member of the force, besides being suspended or dismissed from his employment as hereinbefore provided, shall be liable on conviction to fine not exceeding one hundred rupees, or to imprisonment not exceeding three months, or to both.
Every Police-officer appointed under the provisions of [Act XXIV of 1859] may, at any time, be employed in the City of [Chennai], and whilst so employed shall have the same duties, powers and privileges, and be subject to the same authority, as the Police-officers appointed under this Act.
The Commissioner may, of his own authority, appoint any able-bodied male person between the ages of eighteen and fifty-five to be [a Special Police-officer] to assist the Police force on any temporary emergency. [Every Special Police-officer] so appointed shall receive a certificate in such form as the [State Government] may determine under the signature of the Commissioner.]
Every [Special Police-officer] so appointed shall have the same powers, privileges and protection, and shall be liable to perform the same duties, amenable to the same penalties, and subordinate to the same authorities, as the ordinary officers of police.
If any person being appointed a [Special Police-officer] as aforesaid shall, without sufficient excuses, neglect or refuse to serve as such or to obey such lawful order or direction as may be given to him or the performance of his duties, he shall be liable, on conviction, to fine not exceeding fifty rupees.
It shall be lawful for the Commissioner, with the sanction of the [State Government] to be notified in the [Official Gazette] and in such other manner as the [State Government] may direct, to employ any Police-force in excess of the ordinary fixed complement to be quartered in any street or in any part of the City of [Chennai] which shall be found to be in a disturbed or dangerous state, or in any part of the said city in which, from the conduct of the inhabitants, he may deem it expedient to increase the number of Police. The inhabitants of the street or part of the city, described in the notification shall be charged with the cost of such additional Police-force, or with such part thereof as the [State Government] may direct, and the Commissioner shall assess the proportion in which the amount is to be paid by the inhabitants, according to his judgment of their respective means.
(1) On the application of any person and at his charge, the [State Government] may, for the purposes of keeping the peace or preserving order at any place or of enforcing the provisions of this or of any other Act in respect of any specified class of offences, appoint additional officers of such rank or grade, on such pay, if any, and for such time as [they] may think fit:
Provided that on the expiry of one month from the receipt of notice in writing from the applicant or his representative or on the expiry of such shorter period as the [State Government] may fix, the [State Government] shall discontinue the Police-officers so appointed.
(2) Every additional Police-officer so appointed - (a) shall receive a certificate in such form as the [State Government] may determine, under the signature of the Commissioner; and
All sums of money payable under the last two preceding sections shall be recoverable by suit in any competent Court or by distress and sale of the goods of the defaulter under the warrant of a Magistrate.
Every Police-officer shall, for the purposes of this Act, be considered to be always on duty. He shall not engage, without the written permission of the Commissioner, in any duty other than his duties under this Act. It shall be his duty to use his best endeavours and ability to prevent offences and public nuisances; to preserve the peace; apprehend disorderly and suspicious characters; to detect and bring offenders to justice; to take charge of all unclaimed property; to seize and impound stray cattle; to collect and communicate intelligence affecting the public peace, and promptly to obey and execute all orders and warrants lawfully issued to him; and it shall be lawful for every Police-officer, for any of the purposes mentioned in this section, without a warrant to enter and inspect any drinking shop, gaming-house or other place of resort of loose or disorderly characters.
[(1) Notwithstanding anything contained in this Act or any other law for the time being in force -
(b) any Police-officer may arrest without warrant any person committing [in his presence] any offence made punishable by this Act.]
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[(2) Any agent of the Society for the Prevention of Cruelty to Animals who is specially empowered by the [State] Government in that behalf may arrest without a warrant any person committing [in his presence and any offence punishable under section 53.]]
[(3) The agent shall have power to release any person so arrested on his executing a bond, with or without sureties for his appearance before a Magistrate if and when required.
(4) The provisions of the Code of Criminal Procedure, 1882 [(Central Act V of 1882)]
Whoever commits an offence affecting the person or property of another may, if his name and address be unknown, be apprehended by the person injured or in-charge of the property concerned, or by any person acting in aid of such person, and may be detained until he gives his name and address and satisfy such person that the name and address so given are correct, or until he can be delivered into the custody of a Police-officer.
Any Police-officer above the rank of constable having reasonable ground to suspect that stolen property is concealed or lodged in any dwelling-house or other place, and is likely to be removed before a search warrant can be obtained, may search such house or place subject to the general provisions in the [Code of Criminal Procedure, 1973 (Central Act 2 of 1974),] relating to searches.
Any Police-officer may seize any property or thing which may be found in the possession of any person, where the possession by such person of such property or thing creates a reasonable suspicion of the committal of an offence; and such seizure shall be forthwith reported to the Commissioner, who shall, thereupon, make such order respecting the custody or production of the property as.he shall think proper.
Any officer of Police may deliver to any [***] 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 [***] 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 [***] 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 it. Any [***] dealer or worker as aforesaid failing to comply with the requirements of this section without reasonable excuse shall be liable on conviction to fine not exceeding fifty rupees for every such offence. Such [***] dealer or worker as aforesaid may also detain any person offering such article as aforesaid pending the arrival o
The Commissioner may, by order in writing, to be affixed at the principal police stations and also to be published in some public newspapers, appoint, from time to time, certain periods within which any dogs found straying and unmuzzled may be destroyed.
Whenever any person dies intestate leaving movable property within the city of [Chennai] under [one lakh] rupees in value, such property may be taken charge of by the Police, and it shall be lawful for the Commissioner to order the said property to be delivered, without requiring the production of any probate, letters of administration, certificate or other such conclusive evidence of title and upon such terms as he may think fit, to any person who may appear to him be entitled thereto; and such delivery shall be a full discharge to the Commissioner, and to the Government from all liability in respect of such property.
The provisions of [sections 457, 458 and 459 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974)] shall, as nearly as may be practicable, apply to all property seized or taken charge of by the Police.
The Commissioner shall keep in his office standard weights and measures as may be from time to time prescribed or declared to be correct by the [State Government]; and weights and measures shall be held to be false when they do not agree with such standards; and on conviction being had under Chapter XIII of the Indian Penal Code (Central Act XLV of 1860), the weights and measures which formed the subject-matter of the charge shall be forfeited and destroyed.
Any Police-officer above the rank of constable may enter any shop or premises for the purpose of inspecting the weights and measures and instruments for weighing or measuring kept or used therein, and may seize any weight, measure or instrument for weighing or measuring which he may have reason to believe is false.
(1) No enclosed place or building having an area of [forty-six and half square metres] or upwards shall be used for public entertainment or resort without a licence from the Commissioner:
[Provided that nothing contained in this sub-section shall apply to any church, temple, mosque, or other place of worship.]
(2) The Commissioner may, at the time of grant of a licence under sub-section (1) or at any time during the currency of any such licence, require any person, other than a local authority, applying for such licence, or the holder of such licence, as the case may be, to deposit with the Commissioner in cash or in Government promissory notes for such sum, as may be prescribed as security for the due observance of the conditions of licence.
(3) Where there is breach or non-observance of the conditions of the licence granted under sub-section (1), the Commissioner may forfeit the security so deposited
(1) Whoever sells or attempts to sell except under the authority of, and at the place provided for and at the price fixed in this behalf by the proprietor of any entertainment shall be liable on conviction to fine not exceeding one hundred rupees, or to imprisonment not exceeding three months, or to both.
(2) Any Police-officer, not below the rank of a Head Constable, may arrest, without warrant, any person who, in 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 Judicial Magistrate trying an offence punishable under sub-section (1) may, without prejudice to any other punishment that may be imposed under sub-section (1), direct the forfeiture of any ticket seized under sub-section (2).
Explanation. - In this section, "proprietor" in relation to an entertainment includes any person respo
(1) No enclosed place or building shall be used as a fencing-school or gymnasium without a licence obtained from the Commissioner:
Provided that nothing in this section shall apply to any fencing-school or gymnasium of any educational institution controlled or recognized by the State Government.
(2) No enclosed place or building shall be used as an eating-house, boarding-house, lodging-house or hotel without obtaining a no objection certificate from the Commissioner in regard to traffic clearance by the Municipal Corporation for the grant of a licence, for the first time, under the relevant City Municipal Corporation Act.
Explanation. - For the purpose of this sub-section, "relevant City Municipal Corporation Act" means -
(2) The Madurai City Municipal Corporation Act, 1971
Licences under the last two preceding sections may be granted by the Commissioner upon such conditions as he, subject to the control and direction of the [State Government], may prescribe, and for such period not exceeding one year as may be stated in the licence.
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Whoever keeps or uses or permits to be kept or used any enclosed place or building requiring a licence under section 34 or 35, without having obtained a licence as therein required, shall be liable on conviction to fine not exceeding fifty rupees for every day on which such a place or building is so used.
The Commissioner may, by order in writing, authorise any Police-officer above the rank of Constable with such assistance as may be required, to enter and inspect closed place or building licensed under section 36 at any time when it is open for the reception of persons resorting thereto, and may, after recording his reasons in writing, likewise authorise any such officer to enter and inspect any place not licensed which the Commissioner has reason to believe to be used contrary to the provisions of section 34 or 35.
The Commissioner may make rules for ensuring order and decency and for the public safety at all places of public entertainment or resort, and for regulating the times during which the places referred to in sections 34 and 35 shall be allowed to be opened or used and from time to time may rescind or alter such rules; and in case of breach of any such rules or of the conditions of the licence granted under section 36, may order such places to be closed, and while such order is in force, such places so ordered to be closed shall be deemed to be unlicensed places.
A copy of any order passed under the last preceding section shall be served on the owner, occupier or keeper of any such place as aforesaid, and if thereafter he does or permits any act in disobedience to such order, he shall be liable on conviction to imprisonment not exceeding three months or to fine, or to both.
(1) If any entertainment (including a 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 -
(b) in the auditorium, that is to say, in that portion of the enclosed place or building in which accommodation is provided for members of the public:
Provided that the State Government may, by notification in the Tamil Nadu Government Gazette, exempt any class of the 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 terminat
(1) The Commissioner, or subject to his orders, any Police-officer above the rank of head constable may, from time to time, as occasion may require direct the conduct of all assemblies, meetings and processions in public places; prescribe the routes by which and the times at which such processions may pass; keep order in public places and prevent obstructions on the occasion of such assemblies, meetings and processions, and in the neighbourhood of places of worship during the time of public worship and in any case when public places may be thronged or liable to be obstructed; and may licence and regulate or prohibit the use of music or of sound amplifiers in any area.
(2) Subject to the provisions of sub-sections (3) and (4), the Commissioner may, by order in writing, prohibit any assembly, meeting or procession if he considers such prohibition to be necessary for the preservation of the public peace or public safety:
Provi
(1) (a) The Commissioner may, whenever he considers it necessary so to do for the preservation of the public peace or public safety or for the maintenance of public order, by order in writing, prohibit the holding of, or taking part in, any drill with arms or training with arms by five or more persons in any place, whether public or private, or the carrying of arms in any procession.
(i) the use of gestures or mimetic representations or playing of tapes or gramophone records or other instruments in which speeches or songs are recorded, or
(ii) the preparation, exhibition or dissemination of pictures, symbols, play cards, signs, visible representations or any other object or thing, which may, in the opi
(1) If the Commissioner has reason to believe that any [place] is used as a common gaming-house, he may by his warrant give authority to any Police-officer above the rank of a Constable to enter, with such assistance as may be found necessary, by night or by day and by force if necessary, any such [place] and to arrest all persons found therein, and to seize all instruments of gaming and all moneys and securities for money and articles of value reasonably suspected to have been used or intended to be used for the purpose of gaming which are found therein, and to search all parts of such [place] and also the persons found therein.
(2) The Commissioner may, instead of issuing a warrant under sub-section (1), himself exercise all or any of the powers exercisable under such warrant.]
Any cards, dice, gaming table or cloth board or other instruments of gaming found in any place entered or searched under the provisions of the last preceding section, or on any person found therein, shall be evidence that such [place] is used as a common gaming-house, and that the person found therein were there present for the purpose of gaming, although no play was actually seen by the Police-officer or any of his assistants.
It shall not be necessary, in order to convict any person of keeping a common gaming-house or of being concerned in the management of any common gaming-house, to prove that any person found playing at any game was playing for any money, wager, [bet] or stake.
Whoever opens, keeps or uses or permits to be used any common gaming-house, or conducts or assists in conducting the business of any common gaming-house, or advarices or furnishes money for gaming therein, shall be liable on conviction to fine not exceeding five hundred rupees, or imprisonment not exceeding three months, or to both.
Whoever is found gaming or present for the purpose of gaming in a common gaming-house shall, on conviction, be liable to fine not exceeding two hundred rupees or to imprisonment not exceeding one month; and any person found in any common gaming-house during any gaming or playing therein shall be presumed, until the contrary be proved, to have been there for the purpose of gaming.
On conviction of any person for keeping a common gaming-house, or being present therein for the purpose of gaming, all the instruments of gaming found therein maybe destroyed by order of the Magistrate, and such Magistrate may order all or any of the other articles seized, or the proceeds thereof, to be forfeited.
Any person who shall have been concerned in gaming contrary to this Act, and who shall be examined as a witness before a Magistrate on the trial of any person for a breach of any of the provisions of this Act relating to gaming, and who upon such examination shall make true and faithful discovery to the best of his knowledge of all things as to which he shall be so examined, and who shall thereupon receive from the said Magistrate a certificate in writing to that effect, shall be freed from all prosecutions under this Act for anything done before that time in respect of such gaming.
Nothing in sections 42 to 48 of this Act shall be held to apply to games of mere skill wherever played.
(1) Whoever -
(i) on a horse-race, or
(ii) on the market price of cotton, bullion, or other commodity or on the digits of the number used in stating such price, or
(iii) on the amount or variation in the market price of any such commodity or on the digits of the number used in stating the amount of such variation, or
(iv) on the market price of any stock or share or on the digits of the number used in stating such price, or
(v) on the number of registration or on the digits of the number of registration of any motor vehicle using a public place, or
(vi) on any transaction or scheme of wagering or betting in which the receipt or distribution of
(1) Where in any trial of an offence punishable under sub-section (1) of section 49-A, it is proved that -
(ii) accounts which appear to relate to cash received or disbursed for the purpose of wagering or betting on the market price of cotton, bullion or other commodity; or
(iii) newspapers containing publication of such price are found in any house, room, tent, enclosure, vehicle, vessel or place, it shall be presumed, until the contrary is proved that such house, room, tent, enclosure, vehicle, vessel or place is used for the purpose of gaming within the meaning of sub-section (1) of section 49-A.
(2) Where in any trial of an offence punishable under sub-section (2) or subsection (3) of section 49-A, it is proved that the accused person is found in possession of any of the
(1) The Magistrate may direct any portion, not exceeding one-half of any fine which shall be levied under [section 45, section 46 or section 49-A] and of the moneys or proceeds of articles seized and ordered to be forfeited under section 47, to be paid to such informants and Police-officers as may have assisted in the detection of the offender.
A direction under this sub-section may also be made by any Court of appeal, reference or revision.
(2) Where a direction is made under sub-section (1), the Magistrate concerned shall send the amount to be paid under that sub-section, to the Commissioner who shall distribute it among such of the informants and Police-officers aforesaid as may be chosen by him and in such proportions as he thinks fit.
(3) The amount aforesaid shall not be sent to the Commissioner until the expiry of three months from the date of the direction under sub-section (1) or if an appeal
Whoever by any fraud or unlawful device or may practice in playing at or with cards, dice or other game, or in bearing a part in the stakes, wagers, [bets] or adventures, or in betting on the sides or hands of the players, or in wagering [or betting] on the event of any game, sport, pastime or exercise, wins from any other persons for himself or for any other or others any sum of money or valuable thing [shall be liable on conviction to fine not exceeding five hundred rupees or to imprisonment not exceeding six months or to both.]
The Chennai City Police Act, 1888 is the primary statutory framework governing police powers within the jurisdiction of Chennai (Madras City). While Sections 41, 41A, and 75 are frequently litigated regarding assemblies, uniforms, and public order, Section 51 serves a specific, albeit potent, function related to maintaining public order by removing individuals from the city under extraordinary circumstances. Judicial interpretations indicate that the provisions of the Act are subjects to constitutional constraints and must be exercised in a manner that respects fundamental rights, particularly when it comes to individual liberty and due process.
While specific textual excerpt of the operative clause of Section 51 is not fully detailed in the provided source documents, the legal commentary establishes that Section 51 (often read with Section 51-A) confers the power upon the Commissioner of Police to direct the removal of persons from the city in special cases. This power is invoked when the Commissioner is satisfied, based on information received or otherwise, that the presence of a person is liable to cause disturbance of public peace, breach of the peace, or similar serious public order issues. It functions as an administrative order displacing an individual from the municipal jurisdiction.
Based on the legal principles derived from the provided sources regarding police powers under the Act:* Authority: The power to direct removal generally resides with the Commissioner of Police under the Act or its extension by the State Government. [Source ""]* Satiation of Danger: The Commissioner must be genuinely satisfied from information or other means that the person's presence creates a threat to public peace or order. [Source ""]* Special Circumstance: The power is limited to "special cases," implying it is not to be used for routine law and order disputes but for genuine threats. [Source ""]* Procedural Safeguards: Orders refusing or directing removal must ideally be supported by written reasons, and the aggrieved party has the statutory right to appeal against the order within a specified period (often 30 days). [Source ""]* Constitutional Nexus: The exercise of this power must have a nexus with the preservation of public peace and not be arbitrary or mala fide. [Source "V. Gowthaman VS State Rep by Its Inspector of Police"]
The scope of Section 51 extends to maintaining the integrity of public spaces and the general tranquility of the city.* Public Peace Preservation: It is specifically designed to remove individuals whose presence is deemed liable to disturb the peace of the city, acting as a preventive measure rather than purely punitive. [Source ""]* Distinction from Search Powers: Unlike Section 41 (arrest), this section focuses on the direction to leave the city, often triggered by intelligence or specific threats rather than a physical crime already committed. [Source ""]* Scope of "City": The provisions apply to the jurisdiction of Chennai, though the Act has been extended by State Government notification to include other towns and local areas in the State. [Source "Durai Sankar VS Secretary to the Government Home Department Govt. of Tamil Nadu"]* Relation to Section 51-A: Section 51-A is frequently cited alongside Section 51 regarding the power to remove persons in special cases, with specific appeals mechanisms outlined for orders passed under these headers. [Source ""]* Non-Exhaustive Nature: The power under the Act regarding removal is part of a broader set of powers (including under Section 55 read with Section 51) but is distinct from the power to arrest without warrant. [Source ""]
The Act explicitly penalizes the obstruction of this power.* Obstruction of Direction: Any person who refuses to obey a direction issued under the powers of Section 51 (or Section 51-A) to remove themselves from the city is punishable. [Source ""]* Nature of Offense: While the exact penalty for non-compliance with Section 51 is not numerically specified in the snippets, the preamble to Section 51 refers to Section 51(a) as the power to direct removal, and Section 51(b) (implied) or related sections generally provide for penalties for contravention. In many contexts, such obstruction is treated similarly to disobedience to a public servant under IPC Section 188, though the Act itself carries its own penal machinery. [Source "V. Gowthaman VS State Rep by Its Inspector of Police"]* Enforcement: The Commissioner may enforce these directions, and failure to comply can lead to further legal action or arrest under relevant sections like Section 143 r/w Section 41 for causing obstruction. [Source "Veera Abdullah vs State, Rep. by the Inspector of Police, K11 CMPT Police Station"]
AI Assistant
[Source "Durai Sankar VS Secretary to the Government Home Department Govt. of Tamil Nadu"][Source ""][Source ""][Source ""][Source "P. Ayyakannu VS Government of Tamil Nadu"][Source "V. Gowthaman VS State Rep by Its Inspector of Police"][Source "Hindu Munnani, Represented by its Member of State Executive Committee VS The Commissioner of Police, Coimbatore"][Source "K. Phanindra Reddy, I. A. S. VS G. Subramanian"][Source "Durai Sankar VS Secretary to the Government Home Department Govt. of Tamil Nadu"][Source "R. Nagendran VS Chairman Tamil Nadu Bar Council High Court Building Parry's Corner"][Source "V. Gowthaman VS State Rep by Its Inspector of Police"][Source "Director General of Police State of Tamil Nadu Chennai VS Mahalakshmi Cultural Association"][Source "Director General of Police State of Tamil Nadu Chennai VS Mahalakshmi Cultural Association"][Source "A. Magesh Kumar VS State of Tamilnadu"][Source "K. Karunthamalai VS District Collector"][Source "K. R. Ramaswamy alias Traffic Ramaswamy VS Chief Secretary, Govt. of Tamilnadu"](1) Whenever the Commissioner is satisfied from information received or otherwise -
(b) that witnesses are not willing to come forward to give evidence in public against such person by reason of apprehension on their part regarding the safety of their person or property, the Commissioner may, by an order in writing signed by him, direct such person so to conduct himself as shall seem necessary to the Commissioner to prevent such alarm, danger or harm or the co
If the Commissioner has reason to believe that a house is used as a common brothel, or lodging-house for prostitutes, or disorderly persons or any description, he may summon the owner or tenant of the house, and on being satisfied that the house is so used and is a source of annoyance and offence to the neighbours, may order the owner or tenant to discontinue such use of it.
Whoever cruelly beats, ill-treats or tortures any animal, or causes any animal to be cruelly beaten, ill-treated or tortured, shall be liable on conviction to fine not exceeding one hundred rupees, or to imprisonment, not exceeding three months, or to both.
The [State Government] may, from time to time, appoint places to be infirmaries for the care and treatment of animals in respect of which an offence has been committed under the last preceding section, and may nominate fit persons to give certificates of discharge from such infirmary.
Upon conviction of an offence under section 53 of this Act, a Magistrate may, after due inquiry, order that the animal in respect of which the offence has been committed shall either be destroyed or be sent for care and treatment to an infirmary; and the Magistrate may by his order direct that the reasonable expenses of such care and treatment, or any portion thereof, shall be paid by the owner of such animal.
Every animal so sent for treatment may be detained at the infirmary until its discharge is authorised by a person nominated under section 54; and, thereupon, the person in-charge of the infirmary shall give notice to the owner of the animal, requiring him to pay any sum due under the order of the Magistrate on account of the care and treatment of the animal, and to remove it from the infirmary within forty-eight hours from the service of such notice.
If the owner shall refuse or neglect to pay the sum due and to remove the animal within the time specified in section 56, any Magistrate may direct that the animal be sold, and that the proceeds, deducting costs of sale, be applied to the payment of the sum due. Any surplus shall, on application within two months from date of sale, be paid to the owner of the animal, and in default of such application shall be forfeited to Government, but the owner shall not be liable to make any payment in excess of the net proceeds of such sale.
Any Magistrate may, at any time and upon such terms as he thinks fit, direct that any animal detailed under the provisions of section 55 of this Act shall be delivered to the owner thereof.
All costs of inquiries under section 55 of this Act shall be recoverable in the manner provided for the levying of fines from such persons connected with the inquiry as the Magistrate may direct.
It shall be lawful for all persons to seize any cattle found straying upon any [public place], or trespassing on any [private grounds], and to confine such cattle in any pound appointed by the Commissioner and if such cattle shall not be redeemed by the owners within ten days after being so impounded by paying to the person having charge of such pound the fee of [three rupees] for every goat, sheep or pig, and five rupees for every other animal, together with the expenses of feeding the same while impounded, according to such daily rate as may, from time to time, be fixed by the Commissioner, such cattle shall be publicly sold and the proceeds of such sale, after paying the said fee and the expenses of feeding, shall be paid to the owners thereof, or in default of their claiming such proceeds for the space of fifteen days after such sale, shall be credited to any fund applicable to Police purposes.
On the occasion of a fire in the City of [Chennai], the Commissioner or any Police-officer above the rank of Constable or any member of the [Tamil Nadu Fire Services] above the rank of Fireman may -
(b) by himself or those acting under his orders break into or through or pull down, or use for the passage of hoses or other appliances any premises for the purpose of extinguishing the fire, doing as little damage as possible;
(c) cause the mains and pipes of any district to be shut off so as to give greater pressure of water in the place where the fire has occurred;
(d) call on the persons in-charge of any fire-engine to render such assistanc
All charges on account of establishments and appliances for extinguishing fire maintained by the Police under the orders of the [State Government] for general use, and all expenses incurred on the occasion of any fire by the Police in the execution of their duty, shall be paid by the Municipal Commissioner for City of [Chennai] upon the Commissioner certifying the amount thereof.
Whoever gives or causes to be given [to any fire-brigade in the City of [Chennai] or to any member thereof or to any member of the Tamil Nadu Fire Services having jurisdiction over the City or any part thereof] whether by means of a street fire-alarm, statement, message or otherwise, any alarm of fire which he knows to be false, shall be liable on conviction to fine which may extend to fifty rupees.
Whoever is convicted under the section after having been previously convicted either under this section or under section 43 of the Tamil Nadu District Police Act, 1859 (Central Act XXVI of 1859), shall be liable to simple imprisonment for a period which may extend to six months and shall also liable to fine.]
Whoever, without reasonable excuse, wilfully enters into or on any dwelling-house or other building, or on any land or ground attached thereto, or on any boat or vessel or on any ground belonging to the Government or appropriated to public purposes, shall be liable on conviction to fine not exceeding twenty rupees.
Whoever is found between sunset and sunrise -
(2) having his face covered or otherwise disguised with intent to commit an offence, or
(3) in any dwelling-house or other building, or on board any vessel or boat, without being able to satisfactorily to account for his presence there, or
(4) lying or loitering in any bazaar, yard or public place, being a reputed thief and without being able to give a satisfactory account of himself, or
(5) having in his possession without lawful excuse any implement 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.
Whoever is found in possession or is proved to have been in possession of anything which there is reason to believe to be stolen property or property fraudulently obtained and for the possession of which he fails satisfactorily to account, shall be liable on conviction to fine not exceeding one hundred rupees or to imprisonment not exceeding three months.
Whoever, without the knowledge and consent of the owner, buys any article from any child apparently under the age of fourteen years, or takes any article as a pawn, pledge or security for any sum of money lent or advanced to such child shall be liable on conviction to fine not exceeding one hundred rupees.
Whoever introduces, or attempts to introduce, into Fort St. George or into any military barracks, guard-room, or encampment or on board any vessel of war belonging to [Government] any spirituous or fermented liquor or intoxicating drug or preparation, without the licence in writing of the Commanding Officer and not intended for some person above the rank of Non-Commissioned Officer, shall be liable on conviction to fine not exceeding one hundred rupees or to imprisonment not exceeding two months, and such liquor, drug or preparation, and the vessels containing the same, shall be liable to be forfeited.
Whoever introduces, or attempts to introduce, without due permission, into any public hospital any spirituous or fermented liquor or intoxicating drug or preparation shall be liable to conviction to fine not exceeding fifty rupees or to imprisonment not exceeding two months.
Whoever not being a soldier or sailor [in the Indian Army or Navy] or a Police-officer or member of a Volunteer Corps, goes armed with any sword, spear, gun or other offensive weapon in any public place, unless by leave of the Commissioner, shall be liable to be disarmed by any Police-officer, and the weapon so seized shall be forfeited to Government unless redeemed by payment of such fine not exceeding ten rupees as the Commissioner may impose.
Whoever wilfully harbours or conceals any seaman or apprentice belonging to any vessel knowing or having reason to believe such seaman or apprentice to be a deserter, be liable on conviction to fine not exceeding one hundred rupees.
Whoever, in any [public place] commits any of the following offences, shall be liable on conviction to fine not exceeding [two hundred and fifty rupees], or to imprisonment which may extend to [three months]:
[Provided that a person convicted for a offence under clause (xvi) shall also be liable to pay by way of compensation to the owner or occupier such amount not exceeding five hundred rupees as the Court may, by order, direct which may, in the opinion of the Court, be reasonably incurred by such owner or occupier in erasing or colour-washing the portion of the public place or any building, monument, statue, effigy, post, wall, fence tree or other erection therein which has been defaced, disfigured, written upon or otherwise marked.]
(ii) Causing obstruction b
(1) Whoever plays any music or uses any sound amplifier except at such times and in such area and subject to such conditions as shall, from time to time, be allowed by the Commissioner or subject to his orders, any Police Officer above the rank of a Head Constable, shall be liable on conviction to fine not exceeding five hundred rupees or imprisonment which may extend to three months.
(2) Any Police-officer referred to in sub-section (1) may, subject to such rules as may be made in this behalf, seize any sound amplifier used in contravention of the terms and conditions of a licence granted under sub-section (1) and the Court trying an offence under this section may also direct the forfeiture of any sound amplifier so seized.]
Whoever is found gaming with cards, dice counters, money or other instruments of gaming in any [public place], or publicly fighting cocks, or present as a spectator of such gaming or cock-fighting, shall be liable on conviction to a fine not exceeding [one hundred rupees] or to imprisonment not exceeding [three months] and such instruments of gaming and money shall be forfeited.
Whoever in or by the side of or near to any [public place], wilfully and indecently exposes his person, or commits a nuisance by easing himself, and whoever having the care or custody of any child under seven years of age omits to prevent such child from committing a nuisance as aforesaid, shall be liable on conviction of fine not exceeding fifty rupees.
Whoever, -
(ii) writes upon or otherwise marks any wall; or
(iii) causes any such road, street or way or any wall to be written upon or otherwise marked,
if such writing or marking offends against decency or morality or promotes on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony, feelings of enmity or hatred or ill-will between different religious, racial, language or regional groups or castes or communities, shall be liable on conviction to fine not exceeding five hundred rupees or to imprisonment which may extend to three months or with both.]
Whoever, except at such times and places as the Commissioner may allow, in or near any [public place] lights any bonfire, sets fire to or burns any straw or other matter, or draws, carries, drags, or bums any effigy or 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 liable on conviction 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 committed without his knowledge.
(1) Whoever, in any public place, office, station-house or Court, or in any place of public amusement or on board of any passenger boat or vessel, is -
(b) found drunk and under the influence of liquor or drug; or
(c) found behaving in a violent or boisterous or disorderly or riotous or indecent manner or using any threatening, abusive or insulting words which causes or is likely to cause a breach of public peace shall be liable, on conviction, to imprisonment not exceeding six months or fine not exceeding one thousand rupees.
(2) Whoever is -
(b) found drunk and under the influence of liquor or drug while d
(1) The Commissioner may, at any time and for reasons to be recorded in writing, cancel or suspend any licence granted under this Act:
Provided that no such cancellation or suspension shall be ordered unless the holder of the licence has been given a reasonable opportunity of showing cause against the order proposed to be made in regard to him.
[(1-A) Notwithstanding anything contained in the proviso to sub-section (1), in so far as it relates to suspension of any licence granted under this Act, where a prima facie case has been made out, the Commissioner may, at any time and for the reasons to be recorded in writing, suspend any licence granted under this Act and in such a case no show cause notice is necessary.]
(2) In the event of breach by the holder of a licence granted under this Act or by his servants or by anyone acting or purporting to act with his express or implied permission on his behalf,
For every licence or permission granted under this Act, the Commissioner may levy such fee not exceeding [seventy-five rupees] as may, from time to time, be fixed by the [State Government].
The [State Government] may make bye-laws consistent with this Act for more effectually carrying out the objects thereof and for the preservation of order, and may, from time to time, repeal, alter or amend any such by-law.
Every by-law shall be published in the [Official Gazette] in English, Tamil, Telegu and Hindustani; and no by-law shall have effect until the expiration of one month from the date of its first publication in the [Official Gazette.]
For any breach of any such by-law, the offender shall be liable on conviction to fine not exceeding ten rupees or to imprisonment not exceeding one week.
On account of [anything done or intended to be done under the provisions of this Act, or under the provisions of any other law for the time being in force conferring powers on the police], no action shall be brought after the expiration of six months, and no prosecution shall be instituted after the expiration of three months, from the date on which the act complained of shall have been committed. And no action shall lie in respect of any act on account of which a criminal prosecution [has been instituted and has failed.]
Nothing in this Act contained shall be construed to prevent any person from being liable under any other law to any other higher punishment than is provided by this Act:
Provided that no person shall be punished twice for the same offence.
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