CALCUTTA POLICE ACT, 1866
This Act may be cited as the Calcutta Police Act, 1866.
Rep. by Act 12 of 1873.
The following words and expressions in this Act shall have the meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction (that is to say): the words "town of Calcutta" shall include all places within the local limits of the jurisdiction of 11. Subs. by the Adaptation of Laws Order, 1950. [the High Court at Calcutta]; the word "Magistrate" shall mean any Magistrate of Police acting for the said town; the word "property" shall include any chattel, money or valuable security; the word "month" shall mean calender month; the word "oath" shall include any affirmation or declaration lawfully substituted for an oath; 22. Definitions repealed by W.B. Act 32 of 1957. * * * * the word "cattle" shall, besides horned cattle, include horses, asses, mules, sheep, goats and swine; 33. Clauses repealed by Act 1 of 1903. * * * * * * * * 44. These definitons ins. by Ben. Act 3 of 1910.
The administration of the police in the town of Calcutta shall be vested in an officer to be styled as the Commissioner of Police for such town1111. Words omitted by the Government of India (Adaptation of Indian Laws) Order, 1937. * * * * * *
Sec. 5 subs. by W.B. Act 27 of 1969.
(1) The State Government may, from time to time, appoint one or more Additional, Joint, Deputy, Additional Deputy or Assistant Commissioners of Police, who shall be competent to perform, exercise and discharge such of the duties, powers and functions of the Commissioner of Police as are assigned under his orders to any such Additional, Joint, Deputy, Additional Deputy or Assistant Commissioner of Police.
(2) An Additional Commissioner of Police shall be subordinate to the Commissioner of Police, a Joint Commissioner of Police shall be subordinate to the Additional Commissioner of Police, a Deputy Commissioner of Police shall be subordinate to the Joint Commissioner of Police, an Additional Deputy Commissioner of Police shall be subordinate to the Deputy
The Commissioner of Police shall not ordinarily be a Magistrate of Police under this Act, but 1313. Words repealed by Ben. Act 5 of 1915. * * * * may be appointed to that office when the said 13a13a. Word subs. by the Adaptation of Laws Order, 1950. [State] Government for special reasons may deem it expedient.
The Commissioner of Police shall be appointed a Justice of the Peace but unless he is vested with the jurisdiction of a Magistrate of Police, he shall act as a Justice only so far as may be necessary for the preservation of the peace, the prevention of crimes, and the detection, apprehension and detention of offenders in order to their being brought before a Magistrate of Police, and so far as may be necessary for the performance of the duties assigned to the Commissioner by this Act. 1414. Words subs. by W.B. Act 27 of 1969. [Any Additional, Joint, Deputy or Additional Deputy Commissioner of Police may be appointed as a Justice of the Peace], and, if so appointed, shall act in that capacity subject to the above restriction.
For the said town of Calcutta there shall be a Police-force, which shall consist of such number of officers 1515. Words repealed by Ben. Act 3 of 1910. * * * and shall be otherwise constituted in such manner as shall be from time to time ordered by the said 1616. Word subs. by the Adaptation of Laws Order, 1950. [State] Government.
The Police-force shall be under the exclusive direction and control of the Commissioner of Police, who may from time to time, subject to the 1717. Word subs. by Ben. Act 7 of 1919. [control] of the said 1818. Word subs. by the Adaptation of Laws Order, 1950. [State] Government frame such orders and regulations as he shall deem expedient relative to the general government of the force, the places of residence, the classification, rank, distribution and particular service of the several members thereof, their inspection, the description of arms, accoutrements and other necessaries to be furnished to them, and all such other orders and regulations relative to the said Police-force as the said Commissioner shall from time to time deem expedient for preventing neglect or abuse, and for rendering such force efficient in the discharge of all its duties.
Secs. 9A, 9B and 9C ins. by W.B. Act 15 of 1962.
(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 Calcutta and Suburban Police (Amendment) Act, 1962 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
Secs. 9A. 9B and 9C ins. by W.B. Act 15 of 1962.
(1) Subject to such rules as the State Government may make in this behalf, the Commissioner of Police shall have the power to appoint all members of the subordinate ranks of the Police-force :
Provided that the Commissioner of Police may, with the approval of the State Government, delegate such power of appointment in respect of all subordinate ranks of the Police-force except Inspectors, 191)[to any Additional, Joint, Deputy, Additional Deputy or Assistant Commissioner of Police] appointed under section 5.
(2) Subject to the provisions of sections 10 and 11, the appointing authority or an officer not lower in rank than the appointing authority, shall
Secs. 9A, 9B and 9C ins. by W.B. Act 15 of 1962. Notwithstanding anything contained elsewhere in this Act or any decision of any court to the contrary, all appointments made by the Commissioner of Police or any other authority subordinate to him, all orders of dismissal or removal from office passed by any such appointing authority or other authority not subordinate to such appointing authority and all orders inflicting any other punishment passed by any authority, before the commencement of the Calcutta and Suburban Police (Amendment) Act, 1962, in respect of members of the subordinate ranks of the Police-force shall be deemed to be and to have always been validly passed as if the said Act were in force when such appointments were made or such orders were passed.
Sec. 10 renumbered as sub-sec. (1) and sub-sec. (2) ins. by Ben. Act 7 of 1919.
2222. Sub-sec. (1) subs. by the Government of India (Adaptation of Indian Laws) Order, 1937. (1) The Commissioner of Police may at any time suspend or dismiss 2323. Words inst. by W.B. Act 15 of 1962. [or inflict any other punishment on] any member of the subordinate ranks of the Police-force whom he shall think remiss or negligent in the discharge of his duty or otherwise unfit for the same.
(2) A Police-officer shall not by reason of being suspended from office cease to be a Police-officer. During the term of such suspension the powers, privileges and duties conferred or imposed upon him as a Police-officer shall be in abeyance, but he shall continue subject to the same responsibilities, discipline and penalti
Sec. 10A ins. by Ben. Act 3 of 1910.
(1) It shall be the duty of every Police-officer
(a) promptly to serve every summons and obey and execute every warrant or other order lawfully issued to him by competent authority, and to endeavour by all lawful means to give effect to the lawful commands of his superiors;
(b) to the best of his ability, to obtain intelligence concerning the commission of congnizable offences or designs to commit such offences, and to lay such information and to take such other steps, consistent with law and with the orders of his superiors as are best calculated to bring offenders to justice or to prevent the commission of cognizable offences, or the commission of non-cognizable offences within his view;
&nb
For any lesser breach of discipline, or other misconduct not requiring the suspension or dismissal of the offender, a member of 2525. Words subs, by the Government of India (Adaptation of Indian Laws) Order, 1937. [subordinate ranks of the Police-force] may be fined by the Commissioner in any sum not exceeding one-half of his monthly pay.
Rep. by Ben.Act 3 of 1910.
Every member of the Police force shall receive on his enrolment a certificate (A), under the signature of the Commissioner of Police, by virtue of which he shall be vested with the powers, functions and privileges of a 2626. Word subs. by Ben. Act 3 of 1910. [Police-officer.] Such certificate shall cease to have effect whenever the person named in it is suspended or dismissed, or otherwise removed from employment in the force.
Secs. 13A, 13B and 13C ins. by Ben. Act 3 of 1910.
27a27a. Words subs. by the Government of India (Adaptation of Indian Laws) Order, 1937. [A member of the subordinate ranks of the Police-force] shall not, without the permission of the Commissioner of Police, either as principal or agent,
(a) engage in any trade, or
(b) be in any way concerned in the purchase or sale of any immoveable property within the town or suburbs of Calcutta or of any interest therein, or
(c) hold any office or practise any profession or engage in any employment whatever other than his office or duties as such Police officer.
Secs. 13A, 13B and 13C ins. by Ben. Act 3 of 1910. Any Police-officer who
(a) contravenes any provision of the last foregoing section, or
(b) is guilty of cowardice, or
(c) is guilty of any wilful breach or neglect of any provision of law or of any rule or order which it is his duty as such Police-officer to observe or obey, or
(d) is guilty of any violation of duty for which no punishment is expressly provided by any other law for the time being in force, shall be liable to imprisonment, with or without hard labour, for a term which may extend to three months, or to fine which may extend to one hundred rupees
Secs. 13A, 13B and 13C ins. by Ben. Act 3 of 1910. Any Police-officer who
(a) without lawful authority or reasonable cause, enters or searches or causes to be entered or searched, any building, vessel, tent or place, or
(b) vexatiously and unnecessarily seizes the property of any person, or
(c) vexatiously and unnecessarily detains, searches, or arrests any person, or
(d) vexatiously and unnecessarily delays forwarding any person arrested to a Magistrate or to any other authority to whom he is legally bound to forward such person, or
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No member 2828. Words ins. by the Government of India (Adaptation of Indian Laws) Order, 1937. [of the subordinate ranks] of the Police-force, to be enrolled under this Act, shall be at liberty to resign his office, or to withdraw himself from the duties thereof, unless expressly allowed so to do in writing by the Commissioner, or unless he shall have given to the Commissioner six months' notice of his intention, if a member of the mounted branch of the said force, and two months' notice if a member of any other branch; and every member 2828. Words ins. by the Government of India (Adaptation of Indian Laws) Order, 1937. [of the subordinate ranks] of the said force who shall so resign or withdraw himself without such leave or notice shall be liable, on the order of the Commissioner, to forfeit all arrears of pay then due to him, and on the sentence of a Magistrate, if such Magistrate shall think fit, to pay a fine not exceedin
Sec. 14A ins. by Ben. Act 3 of 1910. Any person who knowingly makes a false statement or uses a false document, for the purpose of obtaining for himself or any other person employment or release from employment as a Police-officer, shall be liable to imprisonment, with or without hard labour, for a term which may extend to three months, or to fine which may extend to one hundred rupees, or to both.
Every member of the Police force who shall be dismissed from, or shall cease to hold and exercise, his office and who shall not forthwith deliver up his certificate, and all the clothing, accoutrements and other necessaries which may have been supplied to him for the execution of his duty, to the Commissioner, or to such person, and at such time and place, as shall be directed by the said Commissioner shall be liable on summary conviction before a Magistrate, to imprisonment, with or without hard labour, for any term not exceeding one month. 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, appointments and other necessaries which shall not be so delivered over, wherever the same may be found.
Rep. by Ben. Act 6 of 1905.
Rep. by Ben. Act 1 of 1890.
The Commissioner of Police may, of his own authority, appoint special constables to assist the Police-force on any temporary emergency.
Every special constable so appointed shall have the same power, privileges and protection, and shall be liable to perform the same duties, and shall be amenable to the same penalties, and be subordinate to the same authorities, as the ordinary officers of Police.
If any person, being appointed a special constable as aforesaid, shall, without sufficient excuse, neglect or refuse to serve as such, or to obey such lawful order or direction as may be given to him for the performance of his duties, he shall be liable, upon conviction before a Magistrate, to a fine not exceeding fifty rupees for every such neglect, refusal or disobedience.
Sec. 20A first ins. by W.B. Act 24 of 1955. Then it was subs. by W.B. Act 32 of 1974.
3131. Sub-sec. (1) subs. by W.B. Act 43 of 1978. (1) Subject to the control of the State Government, the Commissioner of Police may raise a force of special police officers and a force of Traffic Wardens for the town of Calcutta and may also disband such a force without assigning any reason or serving any notice and without payment of any compensation or damages whatsoever to any member of the force.
(2) The strength of the forces of special police officers and Traffic Wardens shall be such as may be determined from time to time by the State Government.
(3) The Commissioner of Police shall be the appointing authorit
The [State Government] may also, if 3333. Word subs. by the Government of India (Adaptation of Indian Laws) Order, 1937. [it] shall think fit, on the application of any person showing the necessity of it, appoint any additional number of constables to keep the peace at any place within 3333. Word subs. by the Government of India (Adaptation of Indian Laws) Order, 1937. [its] jurisdiction, at the charge of the person applying, but subject to the orders of the 3434. Words subs. by the Government of India (Adaptation of Indian Laws) Order, 1937. [Commissioner of Police], and for such time as 3333. Word subs. by the Government of India (Adaptation of Indian Laws) Order, 1937. [it] shall think fit; and every such constable shall receive a certificate, by virtue of which he shall be vested with all the powers, privileges and duties of the constables belonging to the Police-force :
Provi
Sec. 21A ins. by Ben. Act 3 of 1910.
(1) Subject to the [State] Government the Commissioner of Police shall, by order,
(a) constitute such and so many Police divisions as he thinks fit, and
(b) sub-divide such divisions into such and so many sections as he thinks fit, and
(c) define the limits and extent of such divisions and section.
(2) Every such order shall be published in the 36a36a. Words subs. by the Government of India (Adaptation of Indian Laws) Order, 1937, [Official Gazette] and in the manner prescribed by this Act for the publication of public notices.
Rep. by Act 4 of 1877.
Rep. by Act 4 of 1877.
Rep. by Act 4 of 1877.
When any warrant shall be directed or delivered to any 3737. Words subs. by Act 1 of 1903. [officer of the Police-force], unless the authority issuing it shall order that it be executed without delay, such Police-officer shall deliver the same to the superior officer in charge of the division to which he belongs, who shall appoint, by endorsement thereon, one or more Police officers to execute the same; and every Police-officer whose name shall be so endorsed thereon shall have the same powers, privileges and protection, as if the same had been originally directed to him by name.
Rep. by Act 4 of 1877.
Rep. by Act 4 of 1877.
Rep. by Act 4 of 1877.
Sec. 29 subs. for the original Sec. by Ben. Act 3 of 1910. Whoever without satisfactory excuse, wilfully enters or remains in or upon any dwelling-house or private premises or any land or ground attached thereto, or any ground, building, monument or structure belonging to 3939. Subs. by the Government of India (Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order, 1950. [Government] or appropriated to public purposes, or any vehicle, boat or vessel, shall, whether he cause, any actual damage or not, be liable to fine which may extend to twenty rupees.
Rep. by Act 4 of 1877.
Rep. by Act 4 of 1877.
Any person found between sunset and sunrise armed with any dangerous or offensive instrument whatsoever, with intent to commit any criminal act; any reputed thief found between sunset and sunrise on board any vessel or boat, or lying or loitering in any bazar, street, 4040. Word repealed by Ben. Act 3 of 1910. * * * yard, thorough-36. Word subs. by the Adaptation of Laws Order, 1950. fare, or other place who shall not give a satisfactory account of himself; any person found between sunset and sunrise having his face covered or otherwise disguised, with intent to commit any offence; any person found between sunset and sunrise in any dwelling-house or other building whatsoever, without being able satisfactorily to account for his presence therein; and any person having in his possession, without lawful excuse (the proof of which excuse shall be on such person), any implement of house-breaking; may be taken into custody by any P
Whoever, not being amenable to 4141. Words and figures subst. by Act 1 of 1903, Ben. Act 8 of 1939 and the Adaptation of Laws Order, 1950, respectively. [the Naval Discipline Act or the Indian Navy (Discipline) Act, 1934 or] the Army Act or 4242. Words and figures subs. by Ben. Act 1 of 1939. [the Indian Army Act, 1911] takes, or attempts to take, into Fort William at Calcutta, or into any military barracks, guard-rooms or encampments within the town of Calcutta, or on board or alongside of any vessel of war belonging to 4343. Subst. by the Government of India (Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order, 1950. [Government] in the port of the said town, any spirits of spirituous or fermented liquors, or intoxicating drugs or preparations, without the licence in writing of the Commanding Officer (unless such articles are intended for some person above the rank of non-commissioned officer), shall be
Whoever takes, or attempts to take, without due permission, or throws or attempts to throw, into any jail or house of correction, or into any public hospital, any spirits or sp'irituous or fermented liquors, or intoxicating drugs or preparations, shall be liable, on summary conviction before a Magistrate, to a fine not exceeding fifty rupees, or to imprisonment, with or without hard labour, for any term not exceeding two months.
Whoever, in the town of Calcutta, has or keeps any hotel, tavern, punch-house, ale-house, arrack or toddy-shop, or place for the sale or consumption of ganja, chandu or other preparations of opium, hemp or other intoxicating drug, plant or substance, 4444. Words and brackets subs. by Ben. Act 1 of 1943. [or has or keeps any lodging-house whether provisions, liquors or refreshments are sold or consumed therein, or not, or has or keeps any coffee-house, boarding-house, eating-house or other place of public resort and entertainment, wherein provisions, liquors or refreshments are sold or consumed (whether the same be kept or retained therein or procured elsewhere)], without a licence, to be obtained in the manner hereinafter mentioned, shall be liable, on summary conviction before a Magistrate, 4545. Subs. by West Ben. Act 15 of 1962. [to imprisonment, with or without hard labour, for a term not exceeding six months or to a fine
No license shall be granted under the provisions of 4646. Words and figures subs. by Ben. Act 1 of 1939. [the Bengal Excise Act, 1909], unless the person applying for such license shall produce a certificate from the Commissioner of Police stating that a license may be granted to him for the sale of spirituous liquors or intoxicating drugs, as the case may be, without risk or detriment to the preservation of peace and good order, and containing a full statement of such conditions as may have been imposed and shall have remained in force, under the provisions hereinafter contained, at the date when such license shall be granted. No license so granted shall be renewable without a fresh certificate as aforesaid previously obtained from the Commissioner of Police. 4747. Words subs. by Ben. Act 3 of 1910. [The Commissioner of Police shall, in granting or refusing certificates under this section, be subject to the direction and con
It shall be competent to the Commissioner of Police, subject to the direction and control of the said 48a48a. Words subs. by the Government of India (Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order, 1950. [State Government], to limit, in such certificate as aforesaid, the period for which the license may be granted, and also to fix such conditions as he may deem necessary for securing the good behaviour of the keepers of the houses and places of entertainment as aforesaid, and for the prevention of drunkenness and disorder among the persons frequenting or using the same, and from time to time to vary such conditions, subject to such direction and control as aforesaid; and no license granted under 4949. Words and figures subs. by Ben. Act 1 of 1939. [the Bengal Excise Act, 1909], shall be valid unless it shall contain such conditions as shall have been imposed and shall remain in force for the time bein
Whenever any license granted as aforesaid shall have ceased to have effect, it shall be lawful for the Commissioner of Police to order the person to whom such license shall have been granted to remove or cause to be removed any signboard or other notice which such person might have been therefore bound, under the conditions of his said license, to affix on or near the house or place of public resort or entertainment for which such license had been granted; and any person who shall fail to obey any such order forthwith shall be liable, on summary conviction before a Magistrate, to a fine of ten rupees for every day thereafter during which he shall so fail.
Sec. 39 renumbered as sub-sec. (1) by W.B. Act 27 of 1969. [(1)] The Commissioner of Police may, at his discretion, from time to time, grant licenses to the keepers of such houses or places of public resort and entertainment as aforesaid for which no license as is specified in 4949. Words and figures subs. by Ben. Act 1 of 1939. [the Bengal Excise Act, 1909] is required upon such conditions, to be inserted in every such license, as he with the sanction of the said 48a48a. Words subs. by the Government of India (Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order, 1950. [State Government] from time to time shall order, for securing the good behaviour of the keepers of the said houses or places of public resort or entertainment, and the prevention of drunkenness and disorder among the persons frequenting or using the same; and the said licenses may be granted by the said Commissioner, for any time not exceed
Sec. 40 subs. for the original Sec. by W.B. Act 2 of 1876. Any person committing a breach of any of the conditions which, in accordance with section 37 of this Act, are included in a license granted under 5353. Words and figures subs. by Ben. Act 1 of 1939. [the Bengal Excise Act, 1909], or of any of the conditions subject to which a license is given under section 39 of this Act, shall, on summary conviction before a Magistrate, be liable to a fine not exceeding one hundred rupees; and such fine shall be recovered from the person licensed, notwithstanding that such breach may have been caused by the default or carelessness of the servant or other person in charge of the shop or place of sale. Any person so convicted shall also be liable to the forfeiture of his license, at the discretion of the Commissioner of Police, subject to the direction and control of the said 5454. Words subs. by the Government of India (Adaptation of
For every certificate, license or pass granted by the Commissioner of Police under this Act there shall be levied a fee at the rate specified in the Schedule of fees annexed to this Act.
Whoever, in any place within the said town wilfully harbours or conceals any seaman or apprentice belonging to any vessel other than a vessel of 5656. Subs. by the Adaptation of Laws Order, 1950. [the Indian Navy], knowing or having reason to believe, such seaman or apprentice to be a deserter, shall be liable, on summary conviction before a Magistrate, to a fine not exceeding one hundred rupees.
Rep. by Ben. Act 13 of 1923.
Rep. by Ben. Act 13 of 1923.
Rep. by Ben. Act 13 of 1923.
Sec. 43C subs. by Ben. Act 3 of 1907.
(1) The Commissioner of Police may, upon complaint made to him in writing by any person, by written order direct the discontinuance in any place of music or singing, the beating of drums, or tom-toms, and the blowing or sounding of horns or other noisy instruments, if he is satisfied that the same is a nuisance and ought to be summarily stopped either on account of the dangerous illness of, or because it seriously interferes with the reasonable occupation of, any person resident or lawfully engaged in the neighbourhood :
Provided that in any case where the discontinuance of music or other sounds as aforesaid, is so ordered, it shall be lawful for a Magistrate, upon the complaint of any person aggrieved, and if satisfied that the order complained of is
5858. Sec. 43D ins. by W.B. Act 20 of 1957.
(1)
(a) If, in the opinion of the Commissioner of Police, it is necessary so to do for the purpose of or
(b) The State Government may, on its own motion or on the representation of any person or persons aggrieved, modify, alter or cancel any such order.
(2) A Police-officer, not below the rank of a Sub-Inspector or a Sergeant, may take such steps or use such force as may be reasonably necessary for securing compliance with any order made under clause (a) of sub-section (1) or any such order as modified or altered by the State Government under clause (b) of that sub-section and may seize any microphone, loudspeak
Rep. by W.B. Act 32 of 1957.
Rep. by W.B. Act 32 of 1957.
Rep. by W.B. Act 32 of 1957.
Rep. by W.B. Act 32 of 1957.
Rep. by W.B. Act 32 of 1957.
Rep. by W.B. Act 32 of 1957.
Rep. by W.B. Act 32 of 1957.
Rep. by W.B. Act 32 of 1957.
Rep. by W.B. Act 32 of 1957.
Rep. by Ben. Act 2 of 1867.
If any property answering the description set forth in any information which shall be given by any Police-officer to any pawnbroker or dealer in second-hand property, or money-changer, regarding property stolen or fraudulently obtained, shall then be or thereafter come into the possession of, or be offered in pawn or for sale or change to, such pawnbroker, dealer or money-changer, he shall, without unnecessary delay, give information to that effect at the nearest police-station, and also state the name and address given by the party by whom the same was offered, or from whom the same was received, under a penalty, to be imposed by a Magistrate on summary conviction, not exceeding fifty rupees for each and every such neglect or offence:
Provided always that, in the case of wearing-apparel or other articles which it may be difficult for such pawnbroker or dealer to trace out and ide
Whoever takes from any child, apparently under the age of fourteen years, any article whatsoever as a pawn, pledge or security for any sum of money lent or advanced to such child, or without the knowledge and consent of the owner of the article, buys from any child any article whatsoever, shall be liable, on summary conviction before a Magistrate, to a penalty not exceeding one hundred rupees.
Sec. 54A ins. by Ben. Act 3 of 1910.
(1) Whoever has in his possession, or conveys in any manner, or offers for sale or pawn, anything which there is reason to believe to have been stolen or fraudulently obtained, shall, if he fails to account for such possession or act to the satisfaction of the Magistrate, be liable to fine which may extend to one hundred rupees, or to imprisonment with or without hard labour, for a term which may extend to three months.
(2) If any person charged under sub-section (1) in respect of anything declares that he received such thing from some other person, or that he was employed as a carrier, agent or servant to convey such thing for some other person. the Magistrate, after such further inquiry (if any) as he may deem necessary, may summon such other person, a
The Commissioner of Police shall keep in his office standard weights and measures; and weights and measures shall be held to be false when they do not agree with such standards.
Any Inspector or superior officer of police may enter any shop or premises for the purpose of inspecting the weights and measures, and instruments for weighing, kept or used therein, and may seize any weight, measure or instrument for weighing which he may have reason to believe is false.
Whoever manufactures gunpowder, or, without a licence from the Commissioner of Police, has in his possession in any house, shop, warehouse or other building, at any one time, a greater quantity of gunpowder than ten pounds shall be liable, on a summary conviction before a Magistrate, to a fine not exceeding five hundred rupees, and also to forfeit such gunpowder so manufactured or possessed, together with the vessel or receptacle in which it may be contained.
Rep. by Ben. Act 3 of 1910.
The Commissioner of Police may grant to any person a licence for the transit and carrying of gunpowder from one place to another, in such manner and in such quantity as he may deem advisable; and any person, not being duly licensed in that behalf who carries or conveys a greater quantity of gunpowder than one pound from one place to another, shall be liable, on summary conviction before a Magistrate, to a fine not exceeding fifty rupees.
The Commissioner of Police, on credible information laid before him on oath, 6060. Words ins. by Ben. Act 3 of 1910. [and reduced to writing] may issue his warrant authorizing a Police-officer 6060. Words ins. by Ben. Act 3 of 1910. [not below the rank of Sub-Inspector] to search 6161. Words omitted by Ben. Act 3 of 1910. * * any house, shop, magazine or other builidng or place in which he has reasonable gorund to suspect that any 6262. Words subs. by Ben. Act 3 of 1910. [explosive substance] is manufactured, sold or kept, or any boat, carriage, cart or other vehicle in which any 6262. Words subs. by Ben. Act 3 of 1910. [explosive substance] may be suspected to be carried, or any person suspected of carrying the same, contrary to the provisions of this Act 6060. Words ins. by Ben. Act 3 of 1910. [or any other law or any rule made thereunder]; and all 6262. Words subs. by Ben. Act 3 of 1910. [explosive substance] found in such
None of the 6363. Word subs. by Ben. Act 3 of 1910. [three] last preceding sections shall extend to any 6464. Words subs. by the Government of India (Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order, 1950, respectively. [magazine or store belonging to the Government], or building for the making or deposit of 6262. Words subs. by Ben. Act 3 of 1910. [explosive substances] under the authority or for 6565. Words subs. by the Government of India (Adaptation of Indian Laws) Order, 1937. [the use of any Government] or to any 6262. Words subs. by Ben. Act 3 of 1910. [explosive substances] belonging to 6666. Word subs. by the Adaptation of Laws Order, 1950. [Government].
Sec. 61A ins. by W. B. Act 35 of 1948.
(1)With the previous sanction of the 6868. Word subs. by the Adaptation of Laws Order, 1950. [State] Government, the Commissioner of Police may, from time to time, by notification in the Official Gazette, prescribe the types of vehicles which shall not be driven or used in streets or public places.
(2) Whoever uses or drives in a street or public place a vehicle of a type the use or driving of which has been prohibited under sub-section (1) shall be liable to fine which may extend to five hundred rupees, and the vehicle in respect of which the offence has been committed shall be forfeited to the 6565. Words subs. by the Government of India (Adaptation of Indian Laws) Order, 1937. [Government].
Sec. 62 subs. by Ben. Act 3 of 1910.
(1) With the previous sanction of the 7070. Word subs. by the Adaptation of Laws Order, 1950. [State] Government, the Commissioner of Police may, after previous publication, from time to time make rules
(a) for licensing and controlling persons offering themselves for employment at quays, wharves or landing-places for the carriage of passengers' baggage, and fixing and providing for the enforcement of a scale of charges for the labour of such persons when so employed;
(b) regulating traffic of all kinds in streets and public places, and the use of streets and public places by persons riding, or dirving, leading or riding in vehicles, or leading or accompanying cattle, or walking so as to prevent danger, obst
Sec. 62A subs. by Ben. Act 3 of 1910.
(1) The Commissioner of Police, and, subject to the orders of the Commissioner of Police, every Police-officer of a rank not inferior to that of Sub-Inspector, may with a view to securing the public safety or convenience, but not so as to contravene any rule made under the last foregoing section or the provisions of any license granted under any such rule give all such directions, either orally or in writing, as he may consider necessary to
(a) secure the orderly conduct of persons constituting processions and assemblies in streets;
(b) prescribe the routes by which and the times at which any such procession may, or may not, pass;
(c) prevent obstructions on the o
Sec. 62B subs. by Ben. Act 3 of 1910.
(1) Whenever a notification, order in writing or public notice has been duly issued under sub-section (2), sub-section (3), sub-section (4) or sub-section (5) of the last foregoing section, then
(a) in the case of a notification issued under clause (i), clause (ii) or
(b) in the case of a notification issued under clause (iv) of the said sub-section (2), or under the said sub-section (3), or, in the case of an order issued under the said sub-section (4), any Magistrate or any Police-officer of or above the rank of Sub-Inspector, may require any person acting or about to act contrary thereto to desist or to abstain from such action, and in case of refusal or disobedience, may arrest such preson.
&nb
7676. Sec. 62C subs. by Ben. Act 3 of 1910.
(1) For the purpose of preventing serious disorder or manifest and imminent danger to the persons assembled at any place of public amusement or at any assembly or meeting to which the public are invited or which is open to the public, the Police-officer of highest rank superior to that of Head Constable, who is present may, subect to such rules, directions and orders as may have been lawfully made, give such reasonable directions as he may think necessary as to the mode of admission of the public to, and for securing the peaceful and orderly conduct of persons attending at, such place, assembly or meeting; and all persons shall be bound to conform to such directions.
(2) The Police shall have free access to every such place of public amusement, as
Sec. 62CC ins. by W. B. Act 19 of 1952.
(1) For the purpose of preventing disorder or disturbance at or near any place where any entertainment is held, the Commissioner of Police may, with the previous sanction of the State Government, by order (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 fine which may extend to one hundred rupees or to both.
Sec. 62D subs. by Ben. Act 3 of 1910. . The Commissioner of Police may, by order in writing, depute one or more Police-officer, not being below the rank of Head Constable, or other persons to attend any public meeting for the purpose of causing a report to be taken of the proceedings of such meeting if in the opinion of the Commissioner of Police to be recorded in writing, the meeting is likely to promote sedition or disaffection or to cause a disturbance of the public peace and tranquillity.
Rep. by Ben. Act 4 of 1879
Rep. by Ben. Act 4 of 1879
Rep. by Ben. Act 4 of 1879.
Whoever, within such limits as shall be from time to time defined by the Commissioner of Police, with the sanction of the said 7979. Word subs. by the Adaptation of Laws Order, 1950. [State] Government in any 8080. Words repealed by Ben. Act 3 of 1910. * * street, 8080. Words repealed by Ben. Act 3 of 1910. * * thoroughfare or place of public resort, commits any of the following offences, shall be liable, on summary conviction before a Magistrate, to a fine not exceeding fifty rupees:
(1) whoever drives, rides or leads any elephant or camel without 8181. Words subs. by W. B. Act 19 of 1952. [a pass] from the Commissioner of Police;
(2) whoever drives any vehicle 80* * at any time between three-quarters of an hour after sunset and one hour before sunrise, without a sufficient light 8080. Wor
Rep. by Ben. Act 1 of 1869.
This Sec. subs. for the original by Ben. Act 2 of 1886. Whoever is found drunk and is incapable of taking care of himself, or is guilty of any riotous or indecent behaviour, in any public street or thoroughfare, or in any place of public amusement or resort, shall be liable, on summary conviction before a Magistrate, to a fine not exceeding twenty rupees, or to imprisonment, with or without hard labour, for a term not exceeding eight days.
Sec. 68A ins. by Ben. Act 2 of 1886. Whoever wilfully and indecently exposes his person, or commits a nuisance by easing himself, in, or by the side of, or near to, any public street or thorough-82. Clause (4a) ins. by Ben. Act 3 of 1910. fare or place, shall be liable, on summary conviction before a Magistrate, to a fine not exceeding ten rupees, or, in default thereof, to imprisonment, with or without hard labour, for a term not exceeding three days.
Rep. by Ben. Act 6 of 1933.
Rep. by Act 4 of 1877.
Whoever in any public* * street, thoroughfare, or place begs or applies for alms, or exposes or exhibits any sores, wounds, bodily ailment or deformity, with the object of exciting charity or of obtaining alms; or whoever seeks for or obtains alms by means of any false statement or pretences, shall be liable, on summary conviction before a Magistrate, to imprisonment, with or without hard labour, for any term not exceeding one month.
Rep. by Ben. Act 7 of 1943.
It shall be lawful for all persons, and it is hereby declared to be the special duty of all Police-officers, to seize all cattle or other animals found straying upon the 8787. Words repealed by Ben. Act 3 of 1910. * * streets or thoroughfares, or trespassing on any of the grounds or property of the inhabitants, or of the 8888. Word subs. by the Government of India (Adaptation of Indian Laws) Order. 1937 and the Adaptation of Laws Order, 1950, respectively. [Government,] and to confine such animals in any public pound which shall for such purpose be from time to time appointed by the Commissioner of Police; and if such animals shall not be respectively redeemed by the owners of the same within ten days after being so impounded, by paying to the person to be appointed by the said Commissioner to have charge of such pound the fee of eight annas for every goat, sheep or hog, and one rupee for every other animal, together with the
(1) No person shall bring, keep or possesses in the
(2) Whoever contravenes the provisions of sub-section (1) shall be liable on conviction before a Magistrate, to a fine not exceeding two hundred rupees.
Sec. 72 subs. by Ben. Act 3 of 1910.
(1) Subject to the restrictions imposed by clause (b) of sub-section (1) of section 62B in the case of offences there referred to, any Police-officer may arrest without a warrant any person committing in his presence in any street or public place any offence punishable under
(a) any section of this Act, 9191. Words, figure and letter repealed by Ben. Act G of 1033. * * * * * or
(b) any rule made under this Act, or
(c) any other law for the time being in force, if such person,
(i) after being warned by a Police-officer, persists in committing such offence, or
(ii) is unknown t
Rep. by Ben. Act 6 of 1933.
Rep. by Act 4 of 1877.
Whoever commits an offence on or with respect of the person or property of another, or, in committing any of the offences described or referred to in this Act, injures or damages the person or property of another, may, if his name and address be unknown, be apprehended by the person injured, or by any person who may be using the property to which the injury may be done, or by the servant of either of such persons, or by any person authorized by or acting in aid of him, and may be detained until he gives his name and address and satisfies such person that the name and address so given are correct, or until he can be delivered into the custody of a Police officer.
If any person lawfully apprehended under the last preceding section shall assault or forcibly resist the person by whom he shall be so apprehended, or any person acting in his aid, he shall be liable to a fine not exceeding two hundred rupees.
Every person taken into custody without a warrant by a Police officer shall be taken to the 9494. Word subs. by Ben. Act 3 of 1910. [police-station] in order that such person may be detained until he can be brought before a Magistrate, or until he shall enter into recognizances, with or without sureties, for his appearance before a Magistrate.
Whenever any person is brought to a 9595. Word subs. by Ben. Act 3 of 1910. [police-station] charged with any offence against this Act 9696. Words and figures repealed by Act 1 of 1903. * * * * or whenever a person is in the custody of any Police officer without a warrant, it shall be lawful for the officer in charge of such 9595. Word subs. by Ben. Act 3 of 1910. [police-station], or any superior officer of police, if he shall deem it prudent, to enlarge such person on his own recognizance, with or without sureties, conditioned as hereinafter mentioned.
Every recognizance so taken shall be without fee or reward, and shall be conditioned for the appearance of the person thereby bound before the Magistrate at his next sitting; and all persons executing the said recognizance shall acknowledge themselves jointly and severally bound in the sum (not exceeding one thousand rupees) thereby acknowledged; and the time and place of appearance shall be specified in the said recognizance or in the condition thereof; and the officer taking the recognizance shall enter in a book, to be kept for the purpose, the name, residence and occupation of the party, and his surety or sureties ( if any) entering into such recognizance, together with the condition thereof and the sum thereby acknowledged, and shall return every such recognizance to the Magistrate present at the time and place when and where the party is bound to appear.
Sec. 78A ins. by Ben. Act 3 of 1910.
(1) If, in the course of any investigation, the Commissioner of Police has reason to believe that a cognizable offence has been committed, he may, by order in writing require the attendance, before himself or before any officer serving under him, not below the rank of Sub-Inspector, who is investigating a cognizable offence, of any person then being within the limits of the town or suburbs of Calcutta, or within thirty miles of such limits, who, from the information given or otherwise, appears to be acquainted with the facts or circumstances of the case; and such person shall attend as so required.
(2) The Commissioner of Police, or any officer aforesaid, may examine orally any person so attending, and may reduce into writing any statement made by him; a
If information shall be given on oath to the Commissioner of Police 33. Words repealed by Act 4 of 1877. * * that there is reasonable cause for suspecting that anything stolen or unlawfully obtained is concealed or lodged in any dwelling-house, building or other place, or any ship or vessel, the Commissioner 33. Words repealed by Act 4 of 1877. * * by special warrant under his hand directed to any Police-officer, may cause such dwelling-house, building or other place, or ship or vessel, to be entered and searched at any time of the day, or by night, if power for that purpose be given by such warrant :
44. Proviso ins. by Ben. Act 3 of 1910. Provided that no such warrant shall authorize any Police-officer below the rank of Sub-Inspector to make any entry or search at night ;
and the said Com
If information shall be given to any officer of police not below the rank of 55. Word subs. by Ben. Act 3 of 1907. [Sub-Inspector], that there is reasonable cause for suspecting that any stolen property is concealed or lodged in any dwelling-house or other place, and he shall have good grounds for believing that by reason for the delay in obtaining a search-warrant the property is likely to be removed, the said officer, in virtue of his office, may search for specific articles alleged to have been stolen in the houses and places specified :
Provided always that a list of articles stolen or missing be delivered or taken down in writing, with a declaration stating that the robbery has been committed, and that the informant has good ground to believe that the property is deposited in such house or place; and provided, further, that the person who lost the goods, or his representative
Secs. 80A, 80B and 80C ins. by Ben. Act 3 of 1910. If information is given on oath to the Commissioner of Police that any person is confined under such circumstances that the confinement amounts to an offence, and if it is for any reason impracticable to make an application to a Magistrate under section 100 or section 552 of the Code of Criminal Procedure, 1898, the Commissioner may issue a search-warrant to any Police officer not below the rank of Sub-Inspector; and the officer to whom such warrant is directed may search for the person indicated in such warrant in accordance with such directions as may be given therein; and the person, if found, shall immediately be taken before a Magistrate, who shall make such order as in the circumstances of the case seems proper.
(1) An officer in charge of a police station in the town of Calcutta may require any officer in charge of a police station in any part of 77. Words subst. by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948. [West Bengal], whether within or without the town of Calcutta, to cause a search to be made in any place, in any case in which the former officer might cause such search to be made within the limits of his own station.
(2)Such officer, on being so required, shall proceed in accordance with the provisions of section 80 of this Act or section 165 of the Code of Criminal Procedure, 1898, whichever is applicable, and shall forward the thing found (if any) to the officer at whose request the search was made.
Ins. by Act 3 of 1910.
(1) Before any officer makes a search under this Act, he shall call upon two or more respectable persons to attend and witness the search.
(2) The search shall be made in the presence of such persons, and a list of all things seized in the course of the search, and of the places in which they are respectively found, shall be prepared by the said officer and signed by the said witness; but no person witnessing a search under this section shall be required to attend the Court as a witness of the search unless specially summoned by it.
(3) The occupant of the place searched, or some person in his behalf, shall, in every instance, be permitted to attend during the search; and a cop
It shall be lawful for any Police- officer to seize any property or things 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 of Police, who shall thereupon make such order respecting the custody or production of the property as he shall think proper.
Rep. by Act 4 of 1877
Rep. by Act 4 of 1877
Rep. by Act 4 of 1877
Rep. by Act 4 of 1877.
Rep. by Act 4 of 1877
Rep. by Act 4 of 1877
Rep. by Act 4 of 1877
Rep. by Act 4 of 1877
Rep. by Act 4 of 1877.
Rep. by Act 4 of 1877
Rep. by Act 4 of 1877
Rep. by Act 4 of 1877
Rep. by Act 4 of 1877
If any person, upon entering into such recognizance as is by this Act authorized to be taken, do not afterwards appear pursuant to such recognizance, the Magistrate before whom he ought to have appeared shall certify the fact of such non-appearance on the back of the recognizance, and thereupon the sum thereby acknowledged shall be recoverable in the manner provided by 88. Words and figures subs. by Act 1 of 1903. [sections 64 and 67 to 70 of the Indian Penal Code and sections 386, 387 and 389 of the Code of Criminal Procedure, 1898], for levying fines.
Rep. by Act 4 of 1877
Rep. by Act 4 of 1877
Rep. by Act 4 of 1877
All actions and prosecutions against any person which may be lawfully brought for anything done, or intended to be done, under the provisions of this Act, shall be commenced within three months after the act complained of shall have been committed, and not otherwise; and notice in writing of such action, and of the causes thereof shall be given to the defendant one month at least before the commencement of the action; and in every such action it shall be expressly alleged in the plaint that the act complained of was done maliciously and without reasonable or prob able cause; and if at the trial of any such action, upon the general issue being pleaded as hereinafter provided, the plaintiff shall fail to prove such allegation, he shall be non-suited, and a verdict shall be given for the defendant.
The defendant in any such action may ple
(1)The Police shall, for the purpose of safe custody, take temporary charge of
(a) all unclaimed movable property found by them, and
(b) all movable property found lying in any public street, if the owner or the person in charge of such property on being directed to remove the same, refuses or omits to do so within a reasonable time; and may, for the said purpose, take temporary charge of any unclaimed movable property made over to them.
(2) Property of which the Police have taken charge under sub-section (1) shall be handed over to the Commissioner of Police.
Subs. by Ben. Act 3 of 1910.
(1) If the said property appears to have been left by a person who has died intestate, and not to be under two hundred rupees in value, the Commissioner of Police shall communicate with the Administrator-General, with a view to its being dealt with under the Administrator-General's Act, 191310, or any other law for the time being in force.
(2) In every other case the Commissioner of Police shall issue a proclamation specifying the articles of which such property consists, and requiring any person who may have a claim thereto to appear before himself or some other officer whom he appoints in this behalf and establish his claim within six months from the date of such proclamation.
&nbs
It shall be lawful for the Commissioner of Police, by order in writing, to be affixed at the principal police-stations and also to be published in some public newspaper, to appoint, from time to time, certain periods within which any dogs found straying in the streets or beyond the enclosures of the houses of the owner of such dogs may be destroyed.
Secs. 102A, 102B and 102C ins. by Ben. Act 3 of 1910. Any public notice required to be given under any of the provisions of this Act shall be in writing, shall be signed by the Commissioner of Police, and shall be published, in the locality to be affected thereby, by affixing copies thereof in conspicuous public places, or by proclaiming the same with beat of drum or by advertising the same in such local newspapers, English or Vernacular, as the Commissioner of Police may deem fit, or by any two or more of these means and by any other means he may think suitable.
Whenever under this Act or any rule made hereunder the doing or the omitting to do anything or the validity of anything depends upon the consent, approval, declaration, opinion or satisfaction of the Commissioner of Police or of any other Police-officer, a written document signed by the Commissioner of Police or by such officer, purporting to convey or set forth such consent, approval, declaration, opinion or satisfaction, shall, be sufficient evidence thereof.
Secs. 102A, 102B and 102C ins. by Ben. Act 3 of 1910. Every license, written permission, notice, or other document[not being a summons or warrant or search-warrant, or a notification issued under sub-section (3) of section 62A, or an order made under sub-section (4) of that section, or an order made under section 78A] required by this Act, or any rule made hereunder, to bear the signature of the Commissioner of Police, shall be deemed to be properly signed if it bears a facsimile of his signature stamped thereon.
Rep. by Act 12 of 1875
SCHEDULE OF FORMS SCHEDULE OF FORMS.
FORM A
(Referred to in section 13).
A B has been appointed a member of the Calcutta Police force and i; vested with the powers, functions and privileges of a Police-officer.
CALCUTTA :
The 19 .
Commissioner of Police.
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