Act No. II of Samvat 1983
1927 A.D.
An Act to re-organize the police and to make it a more efficient instrument for the prevention and detection of crime.
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This Act may be called the Police Act, 1983.
This Act shall come into force on and from the date of its third publication in the Jammu and Kashmir Government Gazette.
The police Act No. I of 1905 is hereby repealed.
The following words and expressions in this Act shall have the meaning assigned to them, unless there be something in the subject or context repugnant to such construction, that is to say,––
The entire police establishment under the general police district, shall, for the purposes of this Act, be and deemed to be one police force, and shall be formally enrolled; and shall consist of such number of officers and men, and shall be constituted in such manner, and the members of such force shall receive such pay, as shall from time to time be ordered by the Government.
No person, Court or officer shall have authority to appoint, supersede, or control any police functionary except as authorised by this Act:
Provided that, nothing herein contained shall be deemed to affect in any way the powers of superintendence and control vested in the Government.
(1) The administration of the police throughout the general police district shall be vested in an officer to be styled the Inspector General of Police and in such Deputy Inspectors General and Assistant Inspectors General as the Government may specify in this behalf.
The administration of the police throughout the local jurisdiction of the District Magistrate shall, under the general control and direction of such Magistrate, be vested in a Superintendent and such Assistant and Deputy superintendents, as the Government shall consider necessary.
The Inspector General and the Superintendents of police shall from time to time be appointed by the Government and may be removed by the same authority.
The Assistant Superintendents and Deputy Superintendents shall from time to time be appointed by the Government and may be removed by the same authority.
(2) The Government may from time to time appoint one or more officers to be designated as Deputy Inspectors Gen
Subject to the provisions of section 126 of the Constitution of Jammu and Kashmir and to such rules as the Government may from time to time make under this Act, the Inspector General, Deputy Inspectors General, Assistant Inspectors General and Superintendents of Police may at any time dismiss, suspend or reduce any police officers of subordinate rank whom they may think remiss or negligent in the discharge of his duty or unfit for the same; or may award any one or more of the following punishments to any Police Officer of the subordinate rank who is found to have discharged his duty in a careless or negligent manner or who by any act of his own renders himself unfit for the discharge thereof, namely:––
Every Police officer appointed to the Police Force other than an officer mentioned in section 7 shall receive on his appointment a certificate in the form annexed to this Act, under the seal of the Inspector General of Police or such other officer as the Inspector General shall appoint, by virtue of which the person holding such certificate shall be vested with the powers, functions and privileges of a Police Officer.
Such certificate shall cease to have effect whenever the person named in it ceases for any reason to be a Police Officer, and, on his ceasing to be such an officer, shall be forthwith surrendered by him to any officer empowered to receive the same.
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, functions and privileges vested in him as a Police Officer shall be in abeyance, but he shall continue subject to the same responsibilities, discipline and penalties
No Police Officer shall be at liberty to withdraw himself from the duties of his office, unless expressly allowed to do so by the Superintendent or by some other officer authorised to grant such permission or without the leave of the Superintendent, to resign his office, unless he shall have given to his superior officer notice in writing, for a period of not less than two months, of his intention to resign.
No police Officer shall engage in any employment or office whatever other than his duties under this Act, less expressly permitted to do so in writing by the Inspector General.
The Inspector General of Police may, from time to time, subject to the approval of the Government, frame such orders and rules as it shall deem expedient relative to the organisation, classification and distribution of the Police force, the places at which the members of the force shall reside, and the particular services to be performed by them; their inspection, the description of arms, accoutrements and other necessaries to be furnished to them; the collecting and communicating by them of intelligence and information; and all such other orders and rules relative to the Police Force as the Inspector General shall, from time to time, deem expedient for preventing abuse or neglect of duty, and for rendering such force efficient in the discharge of its duties.
It shall be lawful for the Inspector General of Police or any Deputy Inspector General or for the Superintendents, subject to the general direction of the District Magistrate, on the application of any person showing the necessity thereof, to depute any additional number of Police Officers to keep the peace at any place within the general police district, and for such time as shall be deemed proper.
Such force shall be exclusively under the orders of the Superintendent, and shall be at the charge of the person making the application:
Provided that, it shall be lawful for the person on whose application such deputation shall have been made, on giving one month’s notice in writing to the Inspector General or any Deputy Inspector General or to the Superintendent, to require that the Police Officers so deputed shall be withdrawn; and such person shall be relieved from the charge of such additional force from the expiration of such notice.
Whenever any railway, canal or other public works, or any manufactory or commercial concern shall be carried on, or be in operation in any part of the country, and it shall appear to the Inspector General that the employment of an additional police force in such place is rendered necessary by the behaviour or reasonable apprehension of the behaviour of the persons employed upon such work, manufactory or concern, it shall be lawful for the Inspector General, with the sanction of the Government to depute such additional force to such place and employ the same so long as such necessity shall continue, and to make orders, from time to time, upon the person having the control or custody of the funds used in carrying on such work, manufactory or concern, for the payment of extra force so rendered necessary and such person shall thereupon cause payment to be made accordingly.
(1) It shall be lawful for the Government, by proclamation to be notified in the Jammu and Kashmir Gazette, and in such other manner as the Government shall direct, to declare that any area within the State has been found to be in a disturbed or dangerous state, or that, from the conduct of the inhabitants of such area or of any class or section of them, it is expedient to increase the number of police.
(2) It shall thereupon be lawful for the Inspector General of Police, or other officer authorised by the Government in this behalf, to employ any police force in addition to the ordinary fixed complement to be quartered in the area specified in such proclamation as aforesaid.
(3) Subject to the provisions of sub section (5) of this section, the cost of such additional police force shall be borne by the inhabitants of such area described in the proclamation.
(4) The District Magistrate, after such enquiry as he may deem necessary, shall apportion such cost among
(1) If any area in regard to which any proclamation notified under the last preceding section is in force, death or grevious hurt or loss of, or damage to, property has been caused by or has ensured from the misconduct of the inhabitants of such area or any class or section of them, it shall be lawful for any person, being an inhabitant of such area, who claims to have suffered injury from such misconduct to make, within one month from the date of injury or such shorter period as may be prescribed, an application for compensation to the District Magistrate or to the Sub-Divisional Magistrate within the local limits of whose jurisdiction such area is situated.
(2) It shall thereupon be lawful for the District Magistrate with the sanction of the Government after such enquiry as he may deem necessary, and whether any additional police force has or has not been quartered in such area under the last preceding section, to:––
(1) All moneys payable under sections 13, 14, 15 and 16 shall be recoverable by the District Magistrate in the manner provided by sections 386 and 387 of the Code of Criminal Procedure, for the recovery of fines, or by suit in any competent Court.
(2) All moneys paid or recovered under sections 13, 14 and 15 shall be credited to a fund to be called “The General Police Fund” and shall be applied to the maintenance of the Police force under such orders as the Government shall pass.
(3) All moneys paid or recovered under section 16 shall be paid by the District Magistrate to the persons to whom and in the proportions in which the same are payable under that section.
When it shall appear that any unlawful assembly, or riot or disturbance of the peace has taken place, or may be reasonably apprehended, and that the Police force ordinarily employed for preserving the peace is not sufficient for its preservation and for the protection of the inhabitants and the security of property in the place where such unlawful assembly or riot or disturbance of the peace has occurred, or is apprehended, it shall be lawful for any Police officer not below the rank of Inspector to apply to the nearest Magistrate to appoint so many of the residents of the neighbourhood as such Police officer may require to act as Special Police officers for such time and within such limits as he shall deem necessary; and the Magistrate to whom such application is made shall unless he see cause to the contrary comply with the application.
Every special Police Officer so appointed shall have the same powers, 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 Police Officer 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 Judicial Magistrate to a fine not exceeding fifty rupees for every such neglect, refusal or disobedience.
Police officers enrolled under this Act shall not exercise any authority, except the authority provided for a Police officer under this Act and any Act or law for the time being in force, for regulating criminal procedure.
Nothing in this Act shall affect any hereditary or other Village Police officer, unless such officer shall be enrolled as a Police Officer under this Act. When so enrolled such officer shall be bound by the provisions of the last proceeding section. No hereditary or other Village Police officer shall be enrolled without his consent and the consent of those who have the right of nomination.
Every Police officer shall, for all purposes in this Act contained, be considered to be always on duty, and may at any time be employed as a Police officer in any part of the general police district.
It shall be the duty of every police officer promptly to obey and execute all orders and warrants lawfully issued to him by any competent authority, to collect and communicate intelligence affecting the public peace; to prevent the commission of offences and public nuisances; to detect and bring offenders to justice and to apprehended all persons whom he is legally authorised to apprehend, and for whose apprehension sufficient ground exists; and it shall be lawful for every Police office, 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 and disorderly characters.
It shall be lawful for any Police officer to lay any information before a Magistrate, and to apply for a summons, warrant, search-warrant or such other legal process as may by law issue against any person committing an offence.
(1) It shall be the duty of every Police officer to take charge of all unclaimed or ownerless property, and to prepare and furnish an inventory thereof to the District Magistrate or the Sub-Divisional Magistrate or other Executive Magistrate of the 1st class having jurisdiction, empowered by the Government in this behalf.
(2) Such inventory shall, if possible, be prepared when the Police officer takes charge of such property in the presence of two respectable persons of the locality.
(1) Such Magistrate may detain the property and issue a proclamation, specifying the articles of which it consists, and requiring any person who has any claim thereto to appear and establish his right to the same within six months from the date of such proclamation.
(2) The provisions of section 525 of the Code of Criminal Procedure, 1989, shall be applicable to property referred to in this section.
(3) If within the period limited in such proclamation any claim is preferred to such property or proceeds thereof, such Magistrate may make such order as he thinks fit respecting the disposal of such property or proceeds or the delivery of such property or proceeds to the person, entitled to the possession thereof.
(1) If no person shall, within the period allowed, claim such property, or the proceeds thereof, if sold, it may, if not already sold under sub-section (2) of the preceding section, be sold under the orders of such Magistrate.
(2) The sale proceeds of property sold under the preeeding sub-section and the proceeds of property sold under section 27 to which no claim has been established shall be kept in deposit in the State Treasury for a period of two years. If within the above-mentioned period of two years, a suit is brought claiming such property or the sale proceeds thereof, the order of the Civil Court competent to entertain and determine such suit regarding the disposal of such property or proceeds thereof shall be complied with. If no such suit is brought the deposit shall lapse to and remain at the disposal of the Government.
Every person having ceased to be an enrolled Police officer under this Act, who shall not forthwith deliver up his certificate, and the clothing, accoutrements, appointments and other necessaries which shall have been supplied to him for the execution of his duty, shall be liable on conviction before a Judicial Magistrate to a penalty not exceeding two hundred rupees, or to imprisonment for a period not exceeding six months, or to both.
Every Police officer who shall be guilty of any violation of duty or wilful breach or neglect of any rule or regulation or lawful order made by competent authority, or who shall withdraw from the duties of his office without permission, or without having given previous notice for the period of two months, or who, being absent on leave, shall fail, without reasonable cause, to report himself for duty on the expiration of such leave, or who shall engage without authority in any employment other than his police duty, shall be guilty of cowardice, or shall offer any unwarrantable personal violence to any person in his custody, shall be liable, on conviction before a Judicial Magistrate, to a penalty not exceeding three months’ pay, or to imprisonment for a period not exceeding three months, or to both.
(1) The Superintendent or Assistant Superintendent of Police may, as occasion requires, direct the conduct of all assemblies and processions on the public roads, or in the public streets or thoroughfares, and prescribe the routes by which, and the times at which, such processions may pass.
(2) He may also, on being satisfied that it is intended by any person or class of person to convene or collect an assembly in any such road, street or thoroughfare, or to form a procession which would, in the judgement of the District Magistrate or of the Sub-Divisional Magistrate, if uncontrolled, be likely to cause a breach of the peace, require by general or special notice that the persons convening or collecting such assembly or directing or promoting such procession shall apply for a licence.
(3) On such application being made, he may issue a licence specifying the names of the licensees and defining the conditions on which alone such assembly or such procession is to be permit
(1) Any Executive Magistrate or Superintendent of Police or Assistant Superintendent of Police or Deputy Superintendent of Police or Inspector of Police or any Police officer in charge of a station may stop any procession which violates the conditions of a licence granted under the last forgoing section, and may order it or any assembly which violates any such conditions as foresaid to disperse.
(2) Any procession or assembly which neglects or refuses to obey any order given under the last preceding sub-section shall be deemed to be an unlawful assembly.
It shall be the duty of the police to keep order on the public roads, and in the public streets, thoroughfares, ghats and landing places, and at all other places of public resort, and to prevent obstructions on the occasions of assemblies and procession on the public roads and in the public streets, or in the neighbourhood of places of worship, during the time of public worship, and in any case when any road, street, thoroughfare, ghat or landing place may be thronged or may be liable to be obstructed.
Every person opposing or not obeying the orders issue under the last three preceding sections, or violating the conditions of any licence granted by the Superintendent or Assistant Superintendent of Police for the use of music, or for the conduct of assemblies and processions, shall be liable, on conviction before a Judicial Magistrate to a fine not exceeding two hundred rupees.
Nothing in sections 31, 32 and 33 shall be deemed to interfere with the general control of the District Magistrate over the matters referred to therein.
Any person who, on any road or in any open place or street or thoroughfare within the limits of any town to which this section shall be specially extended by the Government, commits any of the following damage of the residents or passengers shall, on conviction before a Judicial Magistrate be liable to a fine not exceeding two hundred rupees, or to imprisonment not exceeding 8 days; and it shall be lawful for any Police officer to take into custody, without a warrant, any person who within his view commits any of such offences, namely:––
Omitted.
Nothing contained in this Act shall be construed to prevent any person from being prosecuted under any other Act or law for any offence made punishable by this Act, or from being liable under any other Act or law or any other or higher penalty or punishment than is provided for such offence by this Act:
Provided that no person shall be punished twice for the same offence.
Rewards payable by law to informers shall, when the information is laid by a police officer, be paid to the credit of the State under the Head “Police”, but rewards payable by law for arrests shall, when the arrest is made by a Police officer, be paid to such officer.
When any action of prosecution shall be brought or any proceedings held against any Police officer for any act done by him in such capacity, it shall be lawful for him to plead that such act was done by him under the authority of warrant issued by a Magistrate.
Such plea shall be proved by the production of a warrant directing the act, and purporting to be signed by such Magistrate and the defendant shall thereupon be entitled to a decree in his favour, notwithstanding any defect of jurisdiction in such Magistrate. No proof of the signature of such Magistrate shall be necessary, unless the Court shall see reason to doubt its being genuine:
Provided always that any remedy which the party may have against the authority issuing such warrant shall not be affected by anything contained in this section.
It shall be the duty of every officer in-charge of a police station to keep a general diary in such form as shall, from time to time, be prescribed by the Government and to record therein all complaints and charges preferred, the names of all persons arrested, the names of the complainants, the offences charged against them, the weapons or property that shall have been taken from their possession or otherwise, and the names of witnesses who shall have been examined.
The District Magistrate shall be at liberty to call for and inspect such diary.
The Government may direct the submission of such returns by the Inspector General and other Police officers as may be deemed advisable and may prescribe the form in which such returns shall be made.
(1) This Act shall not by its own operation take effect in any province or place. But the Government by an order to be published in the Jammu and Kashmir Gazette may extend the whole or any part of this Act to any province or place, and the whole or such portion of this Act as shall be specified in such order shall thereupon take effect in such province or place.
(2) When the whole or any part of this Act shall have been so extended, the Government may, from time to time, by notification in the Jammu and Kashmir Government Gazette, make rules consistent with this Act,––
It shall be lawful for the Government in carrying this Act into effect in any part of the State to declare that any authority which now is or may be exercised by the District Magistrate over any village watchman or other Village Police officer for the purposes of police, shall be exercised, subject to the general control of the District Magistrate, by the Superintendent of Police.
A.B. has been appointed a member of the Police force under Act II of 1983 and is vested with the powers, functions and privileges of a Police officer.
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