[Act, No. 4 of 1964]
[18th January, 1964]
PREAMBLE An Act to provide for a uniform law for the regulation of the Police Force, the maintenance of public order and other matters in the 2 [State of Karnataka]. WHEREAS it is expedient to provide for a uniform law for the regulation of the Police Force in the 2 [State of Karnataka], for the exercise of powers and performance of functions by the State Government and by the members of the said force, for the maintenance of public order, for the prevention of gaming, and for certain other purposes hereinafter appearing; BE it enacted by the 2 [Karnataka] State Legislature in the Fourteenth Year of the Republic of India as follows:-- 1. First published in the Karnataka Gazette on the thirteenth day of febuary 1964. 2. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
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(1) This Act may be called the
(2) It extends to the whole of the
(3) It shall come into force on such
In this Act, unless the context otherwise requires,--
There shall be one Police Force
State Provided that the members of the Police Forces constituted under any of the Acts mentioned in Schedule I, immediately before coming into force of this Act, shall be deemed to be the members of the said Police Force.
The superintendence of the Police Force throughout the State vests in and is exercisable by the Government and any control, direction or supervision exercisable by any officer over any member of the Police Force shall be exercisable subject to such superintendence.
Subject to
(1) For the direction, control and supervision of the Police service, the Government shall appoint a Director General and Inspector General of Police, who shall subject to the control of the Government, exercise such powers and perform such functions and duties and shall have such responsibilities and such authority as may be provided by or under this Act.
(2) The Director General and Inspector General of Police shall be selected by the State Government from amongst officers of the Indian Police Service in the rank of Director General of Police who have been empanelled for promotion to that rank on the basis of their length of service, very good history of service, professional knowledge and ability to lead Police Force in the State.
(3) The Director General and Inspector General of Police so appointed shall have a tenure of not less than two years subject to superannuation:
Provided that t
(1) The Government may appoint a Police Officer not below the rank of a Deputy Inspector-General of Police to be the Commissioner of Police for the City of Bangalore or any other area specified in a notification issued by the Government in this behalf and published in the official Gazette.
(2) The Commissioner shall exercise such powers, perform such functions and duties and shall have such responsibilities and authority as are provided by or under this Act or as may otherwise be directed by the Government by a general or special order:
Provided that the Government may direct that any of the powers, functions, duties, responsibilities or authority exercisable or to be performed or discharged by the Commissioner shall be exercised, performed or discharged subject to the control of the Inspector-General:
Provided also that in any area for which a Commissioner is appointed and is empowered to exercise any power or perform any function or duty under this Act, the D
(1) The Government may appoint for each district or for a part of a district or for one or more districts a Superintendent and one or more Additional Superintendents and such Assistant and Deputy Superintendents of Police, as it may think expedient.
(2) The Government may, by a general or special order, empower an Additional Superintendent to exercise and perform in the district for which he is appointed or in any parts thereof, all or any of the powers, functions or duties to be exercised or performed by a Superintendent under this Act or under any law for the time being in force.
(3) The Superintendent may, with the previous sanction of the Government, delegate any of the powers and functions conferred on him by or under this Act to an Assistant or Deputy Superintendent.
The Government may appoint for the whole of the
and the Superintendent so appointed shall exercise such powers and perform such functions as the Government may from time to time assign to him provided that such powers and functions shall be exercised or performed subject to the control of the Inspector-General.
The Government may appoint any Police Officer not below the rank of a Superintendent to be the Principal of a Police Training School, or College, and may assign to him such powers, functions and duties as it may think fit.
(1) The Government may appoint one or more Deputy Commissioners not below the rank of a Superintendent and one or more Assistant Commissioners of Police not below the rank of an Assistant Superintendent or Deputy Superintendent in the City of Bangalore or in any area in which a Commissioner has been appointed under sub-section (1) of section 7.
(2) Every such Deputy or Assistant Commissioner shall, under the orders of the Commissioner, exercise and perform any of the powers, functions and duties of the Commissioner to be exercised or performed by him under the provisions of this Act or any other law for the time being in force, in accordance with the general or special orders of the Government made in this behalf:
Provided that the powers to be exercised by the Commissioner of making, altering or rescinding rules under section 31 shall not be exercisable by a Deputy or Assistant Commissioner.
Subject to such rules as the Government may from time to time make, the appointment of Police Officers of and below the rank of Inspectors shall be made by the prescribed authority.
(1) Every Police Officer of and below the grade of Inspector shall, on appointment receive a certificate in the form provided in Schedule I. The certificate shall be issued under the seal of such officer as the Government may by general or special order direct.
(2) A certificate of appointment shall become null and void whenever the person named therein ceases to belong to the Police Force or shall remain inoperative during the period within which such person is suspended from such force.
The powers, functions and privileges vested in a Police Officer shall remain suspended whilst such Police Officer is under suspension from office:
Provided that notwithstanding such suspension such person shall not cease to be a Police Officer and shall continue to be subject to the control of the same authorities to which he would have been, if he was not under suspension.
The Commissioner, subject to the orders of the Inspector-General of Police and the Superintendent, subject to the orders of the Inspector-General and the Deputy Inspector-General of Police, shall within their respective spheres of authority, direct and regulate all matters of arms, drill, exercise, observation of persons and events, mutual relations, distribution of duties, study of laws, orders and modes of proceedings and all matters of executive detail or the fulfilment of their duties by the Police Force under him.
(1) The Superintendent of Police shall be the head of the police in the district or part of the district for which he is appointed as Superintendent.
(2) The administration of the Police in a district or part of a district by the Superintendent of Police shall be subject to the general control of the District Magistrate of the District.
(3) In exercising such control, the District Magistrate shall be governed by such rules and orders as the Government may make in this behalf.
The District Magistrate may require from the Superintendent reports, either particular or general, on any matter connected with the crimes, habitual offenders, the prevention of disorder, the regulation of assemblies and amusements, the distribution of the Police Force, the conduct and character of any Police Officer subordinate to the Superintendent, the utilization of auxiliary means and all other matters in furtherance of his control of the Police Force and the maintenance of order.
If the District Magistrate observes any marked incompetence or unfitness for the locality or for his particular duties, in any Police Officer subordinate to the Superintendent, he may require the Superintendent to substitute another officer for any officer whom he has power to transfer and the Superintendent shall be bound to comply with the requisition:
Provided that if the Police Officer concerned is an officer of the grade not below that of an Inspector, the District Magistrate may report his conduct to the Inspector-General. The Inspector-General may, thereafter, determine the action to be taken and pass such orders as he thinks fit, and shall communicate such action or order to the District Magistrate.
(1) Whenever it shall appear on an application of any Police Officer not below the rank of Sub-Inspector, that any unlawful assembly or riot or disturbance of the peace has taken place or may be reasonably apprehended in any place and that the Police force ordinarily employed in the place is not sufficient for its preservation and for the protection of the inhabitants and the security of property in the place, the Commissioner, the Superintendent or any First Class Magistrate, or any other Magistrate specially empowered in this behalf by Government, may by a written order signed by himself and sealed with his own seal appoint any able-bodied male person, whom he considers fit and who is between the ages of eighteen and fifty and resident in any neighbourhood to be a Special Police Officer to assist the Police Force, during such time and within such limits as the Commissioner, the Superintendent or Magistrate shall deem necessary.
(2) Every Special Police Officer so appointed
(1) Additional Police Officers of such rank or grade for such time and on such pay as the authority specified by or under the provisions of this Act in that behalf may determine may be employed or deputed for the purpose stated in such provisions.
(2) Every additional Police Officer appointed, shall on appointment,--
(3) The employment or deputation of such additional Police Officer may be made at the request of any person requiring such Police and the cost of such employment shall be recovered in such manner as is provided by or under this Act or under any other law for the time being in force.
(1) The State Government may, by notification in the official Gazette, establish a Commission to be called the State Security Commission for the purpose of exercising such functions and discharging such duties as may be assigned to the Commission, by or under this Act.
(2) The State Security Commission shall consist of the following members, namely:-
| Member | Role |
|---|---|
| The Chief Minister | Chairman |
| The Home Minister | Vice Chairman |
| Leader of the Opposition in the Legislative Assembly | Member |
| A Retired judge of the High Court nominated by the Chief justice of Karnataka | Member |
| Chief Secretary to Government | Member |
| Additional Chief Secretary/Principal Secretary, in charge of Home Department | Member |
| Director |
(2) The functions of the Police Establishment Board shall be as follows, namely:-
(1) The State Government shall, by notification in the official Gazette, constitute the State Police Complaints Authority consisting of five persons, namely:-
(1) The Government shall in consultation with State Police Complaints Authority, by notification in the official Gazette, constitute the District Police Complaints Authority under the chairmanship of the
The State Police Complaints Authority and District Police Complaints Authority shall, while investigating any matter under this Act, have all the powers of a civil court in trying a suit and in particular, in respect of the following matters, namely:-
Provided that any such officer may be transferred by the Police Establishment Board or by the Government as the case may be from his post before the expiry of the minimum tenure consequent upon,-
(1) The Police station shall be headed by a Station House officer not below the rank of an Inspector of Police or Sub-inspector of Police as the Government may by order determine.
(2) In each police station there shall be two units, namely:-
Provided that in any Police Station where the average annual number of crimes registered exceeds such number as prescribed, there shall be two Police Sub
Subject to the orders of the Government, the Inspector-General may make rules or orders not inconsistent with this Act or with any other enactment for the time being in force,--
The Inspector-General may, subject to the rules and orders of the Government, call for such returns, reports and statements on subjects connected with the suppression of crime, the maintenance of order and performance of their duties as his subordinates may be able to furnish to him. The Inspector-General shall communicate to the District Magistrate any general orders issued by him for the purpose aforesaid or in consequence of the information furnished to him and also any orders, which the Government may direct.
(1) Every Police Officer, not on leave or under suspension, shall for all purposes of this Act, be deemed to be always on duty and any Police Officer or any member or body of Police Officers allocated for duty in one part of the State may, if the Government or the Inspector-General so directs at any time, be employed on police duty in any other part of the State, for so long as the services of the same may be there required.
(2) Timely intimation shall, except in cases of extreme urgency, be given to the Commissioner, the District Magistrate and the Deputy Inspector-General by the Inspector-General of any proposed direction to any number or body of Police Officers under sub-section (1) and except, where secrecy is necessary, the reasons for such direction shall be explained; whereupon the officers aforesaid and their subordinates shall give all reasonable furtherance to such direction.
(1) Except with the written permission of the Commissioner, the Deputy Inspector-General or of some other Police Officer empowered by the Inspector-General in this behalf, no Police Officer of or below the rank of Inspector shall resign his office or withdraw himself from the duties thereof:
Provided that subject to the provisions of sub-section (2) no such permission shall be granted to any such Police Officer until he has fully discharged any debt due by him as such Police Officer to Government or to any Police Fund.
(2) If any such Police Officer produces a certificate signed by the prescribed Medical Officer in the district declaring him to be unfit by reason of disease, or mental or physical incapacity for further service in the Police, the necessary written permission to resign shall forthwith be granted to him on his discharging or giving satisfactory security for the payment of any debt due by him as such Police Officer to the Government or to any Police Fund.
(1) Without the permission of the Commissioner, or the Inspector-General or Deputy Inspector-General or of Government, as the case may be, no Police Officer shall engage in trade or be in any way concerned either as principal or as agent in any dealing in land or in any commercial transaction whatever or bid for property sold by order of a criminal court, or have money transactions with any other Police Officer.
(2) No Police Officer shall, unless with the written permission of the Inspector-General, hold any office or practice in any profession or engage in any employment whatever other than his office or duties as such Police Officer.
Explanation.--The prohibitions in sub-sections (1) and (2) shall apply when a Police Officer is on leave or under suspension as well as when he is on duty.
(1) Every person who for any reason ceases to be a Police Officer shall forthwith deliver up to the officer empowered by the Commissioner or the Deputy Inspector-General, or the Principal of the Police Training School, or College, or the Superintendent, to whom such Police Officer is subordinate, to receive the same, his certificate of appointment or of office and the arms, accoutrements clothing and other necessaries which have been furnished to him for the performance of duties and functions connected with his office.
(2) Any Magistrate, and, for special reasons, which shall be recorded in writing at the time, the Commissioner or the Deputy Inspector-General, or the Principal of the Police Training School, or College, any Superintendent, Assistant Superintendent, or Deputy Superintendent may issue a warrant to search for and seize, wherever they may be found, any certificate, arms, accoutrements, clothing or other necessaries not so delivered up. Every warrant issued shall
(1) Any Police Officer occupying any premises provided by the Government for his residence,--
(2) If any person who is bound or required under sub-section (1), to vacate any premises fails to do so, the Government or any officer authorised by it in this behalf may order such person to vacate the premises and may direct any Police Officer with such assistance as may be necessary to enter upon the premises and remove therefrom any person found therein and to take possession of the premises and deliver the same to any person specified in the direction.
(1) The Commissioner and the District Magistrate, in areas under their respective charges or any part thereof, may make, alter or rescind orders not inconsistent with this Act, for,--
The Commissioner and the Superintendent in areas under their respective charges may, wherever in his opinion such action is necessary, authorise such police officer as he thinks fit, to erect barriers on any street for the purpose of stopping temporarily vehicles driven on such street and satisfy himself that the provisions of any law for the time being in force have not been contravened in respect of any such vehicle or by the driver thereof, or the person in charge of, such vehicle. The said authority may also make such orders as it deems fit for regulating the use of such barriers.
(1) A competent authority may, from time to time make rules prohibiting the disposal of the dead whether by cremation, burial or otherwise at places other than those set apart for such purpose:
Provided that no such rules shall be made in respect of any such town or place in which places have not been so set apart:
Provided further that the competent authority or any officer authorised by it in this behalf may, on an application made to it or him by any person, and after consultation with the Health Officer of the area concerned or other prescribed officer of the Department of Public Health, grant to such person permission to dispose of the corpse of any deceased person at any place other than a place so set apart, if in its or his opinion such disposal is not likely to cause obstruction to traffic or disturbance of the public peace or is not objectionable for any other reason.
(2) Any rules made under sub-section (1) shall specify the places set apart for the
In areas under their respective charges, the Commissioner and, subject to his orders, every Police Officer not inferior in rank to a Sub-Inspector, and the Superintendent and, subject to his orders, any Police Officer not lower than such rank as may be specified by the Government in that behalf, may, from time to time, as occasion may arise, but not so as to contravene any order made under section 31 give all such orders either orally or in writing as may be necessary to,--
(1) The Commissioner and the District Magistrate in areas under their respective charges may, whenever and for such time as he shall consider necessary for the preservation of public peace or public safety, by a notification publicly promulgated or addressed to individuals prohibit at any city, town, village or place or in the vicinity of any such city, town, village or place,--
(1) If the Commissioner, the Superintendent, Assistant Superintendent or Deputy Superintendent or any magistrate of the first class having jurisdiction in any area to which the Government has, by notification in the official Gazette extended the provisions of this section, is satisfied from the report of an officer in charge of a police station or other information received by him that it is necessary to do so in order to prevent annoyance, disturbance, discomfort or injury or risk to the public or to any persons who dwell or occupy property in the vicinity, he may by a written order issue such directions as he may consider necessary to any person for preventing, prohibiting controlling or regulating,--
The Commissioner, may, in order to prevent or suppress or control undesirable activities of eunuchs, in the area under his charge, by notification in the official Gazette, make orders for,-
(1) Subject to the provisions of section 36 and of any orders made under section 31, no person shall use or operate,--
(2) The provisions of sub-section (1) shall be applicable to such area from such date as the Government may by notification in the official Gazette specify. On the application of s
(1) In order to prevent or suppress any riot or grave disturbance of peace, the Commissioner or in his absence and subject to his control the Deputy Commissioner of Police and the Superintendent, within the areas under their respective charges, may temporarily close, or take possession of any building or place, and may exclude all or any persons therefrom, or may allow access thereto to such persons only and on such terms as he shall deem expedient. All persons concerned shall be bound to conduct themselves in accordance with such orders as the authority making orders may make and notify in exercise of the authority hereby vested in it.
(2) If the lawful occupier of such building or place suffers substantial loss or injury by reason of the action taken under sub-section (1), he shall be entitled, on application made to the authority concerned within one month from the date of such action, to receive reasonable compensation for such loss or injury, unless such action was in t
(1) In any case of an actual or intended religious or ceremonial or corporate display or exhibition or organised assemblage in any street or public place, as to which or the conduct of or participation in which it shall appear to a competent authority that a dispute or contention exists which is likely to lead to grave disturbance of the peace, such authority may give such orders as to the conduct of the persons concerned towards each other and towards the public as it shall deem necessary and reasonable under the circumstances regard being had to the apparent legal rights and to any established practice of the parties and of the persons interested. Every such order shall be published in the town or place wherein it is to operate and all persons concerned shall be bound to conform to the same.
(2) Any order under sub-section (1) shall be subject to a decree, injunction or order made by a court having jurisdiction, and shall be recalled or altered on its being made to appear
(1) For the purpose of preventing serious disorder or breach of the law or manifest and imminent danger to the persons assembled at any public place of amusement or at an assembly or meeting to which the public are invited or which is open to the public, the senior Police Officer of highest rank superior to that of constable, present at such place of amusement or such assembly or meeting may, subject to such rules and orders as may have been lawfully made, give such reasonable directions as to the mode of admission of the public to, and for securing the peaceful and lawful conduct of the proceedings and the maintenance of the public safety at such place of amusement or such assembly or meeting, as he thinks necessary and all persons shall be bound to conform to every such reasonable direction.
(2) The Police shall have free access to every such place of amusement, assembly or meeting for the purpose of giving effect to the provisions of sub-section (1) and to any direction m
On complaint being made to the Commissioner, District Magistrate or Sub-Divisional Magistrate that any house in a city, town or village in his jurisdiction to which the Government has by notification in the official Gazette extended this section, is used as a common lodging house or place of resort for disorderly persons of any description, to the annoyance of the inhabitants of the vicinity, the said Commissioner or Magistrate may summon the owner or tenant of the house to answer the complaint and on being satisfied that the house is so used may order the owner or tenant of the house so used, within a reasonable period, which shall be set forth in the order, to discontinue such use of it.
(1) Whenever it shall appear to the Commissioner or District Magistrate that any place in the areas under their respective charges, at which, on account of pilgrimage, fair, or other such occurrence, large bodies of persons have assembled or are likely to assemble is visited or will probably be visited with an outbreak of any epidemic disease, he may take such special measures and may, by public notice, and after consultation with the Health Officer of the area concerned or other prescribed officer of the Department of Public Health, prescribe such regulations to be observed by the residents of the said place and by persons present thereat or repairing thereto or returning therefrom, as he shall deem necessary to prevent the outbreak of such disease or the spread thereof.
(2) It shall be lawful for the District Magistrate on the requisition of the Commissioner or Superintendent to assess and levy such reasonable fees on persons falling under the provisions of sub-section (1)
(1) The Commissioner and the Superintendent in areas under their respective charges may, from time to time by public notice, and after consultation with the Health Officer of the area concerned or other prescribed officer of the Department of Public Health, proclaim that any stray dogs found during such period as may be specified in the said notice, wandering in the streets or in any public place may be destroyed, and any dog so found within such period may be destroyed accordingly.
(2) The authority empowered under sub-section (1) may, by public notice, require that every dog, while in any street or public place and not led by some person, shall be muzzled in such a manner as effectually to prevent it from biting, while not obstructing its breathing or drinking and the Police may, so long as such notice remains in force, destroy, or take possession of and detain, any dog found loose without muzzle in any street or place beyond the premises of the owner thereof:
Provi
(1) Any Police Officer, who, in any street or public place other than a place of worship, finds any animal other than a bull or cow so diseased, or so severely injured, and in such a physical condition that in his opinion it cannot without cruelty be removed, shall if the owner is absent or refuses to consent to the destruction of the animal, at once summon the Veterinary Officer in charge of the area in which the animal is found, and, if the Veterinary Officer certifies that the animal is mortally injured or so severely injured, or so diseased, or in such a physical condition that it is cruel to keep it alive, the Police Officer, may without the consent of the owner, destroy the animal or cause it to be destroyed:
Provided that if in the opinion of the Veterinary Officer the animal can be removed from the place where it is found without causing it great suffering and if the owner or person in charge of the animal or in their absence any other person on the spot is willing a
Every power conferred by this Chapter on a Superintendent not specially empowered by the Government to exercise that power or any officer subordinate to him shall be exercised by him subject to the orders of the District Magistrate and all rules, regulations and orders made under this Chapter shall if made by the Commissioner or the District Magistrate be governed by such rules and orders as the Government may from time to time make in this behalf and if made by the Superintendent specially empowered in that behalf, shall be subject to the provisions of section 16.
(1) The Commissioner or the Superintendent may, on the application of any person, depute any additional number of Police to keep the peace, to preserve order or to enforce any of the provisions of this or any other Act in respect of any particular class or classes of offences or to perform any other Police duties at any place in the area under his charge.
(2) Such additional Police shall be employed at the cost of the person making the application but shall be subject to the orders of the Police authorities and shall be employed for such period as the appointing authority thinks fit.
(3) If the person upon whose application such additional police are employed shall at any time make a written requisition to the appointing authority to which the application for the employment of additional Police was made, for the withdrawal of the said Police, he shall be relieved from the cost thereof at the expiration of such period not exceeding one month from the date of the delive
(1) Whenever it appears to the Government or a competent authority that,--
(2) Such additional Police shall be employed at the cost of the person by whom the work, amusement, manufactory or concern is being constructed, conducted or carried on and the said p
In case of any dispute under section 46 or 47, the decision of the District Magistrate shall be conclusive as to the amount to be paid and as to the person by whom it is to be paid and the sum so ascertained may, on the requisition of the District Magistrate be recovered by the Deputy Commissioner of the Revenue District as if it were an arrear of land revenue due by the person found to be answerable therefor.
(1) If in the opinion of the Government any area is in a disturbed or dangerous condition or in which the conduct of the inhabitants or of any particular section of the inhabitants renders it expedient temporarily to employ additional Police, it may by notification, in the official Gazette, specify,--
Provided that the period fixed under clause (b) may be extended by the Government from time to time, if in its opinion, it is necessary to do so in the general interest of the public. The cost of the additional Police shall be a tax imposed under this section and shall be recovered in the manner prescribed in the succeeding sub-sections.
(2) The decision of the Government under clauses (a) and (b) of sub-section (1) shall be final.
(3) On the issue of such notificat
(1) When any loss or damage is caused to any property, or when death results or grievous hurt is caused to any person or persons, by anything done in the prosecution of the common object of an unlawful assembly, the Government may, by notification in the official Gazette, specify,--
(2) The decision of the Government under clauses (a) and (b) of sub-section (1) shall be final.
(3) On the issue of a notification under sub-section (1), the District Magistrate may, after such inquiry as he deems necessary, determine the amount of the compensation which, in his opinion should be paid to any person or persons in respect of the loss or damage or death or grievous hurt aforesaid. The amount of compensation shall be a tax imposed under this section an
(1) It shall be lawful for the District Magistrate to award or apportion all or any moneys recovered as compensation under sub-sections (3) to (8) of section 50, to any person or among all or any persons whom he
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