MADRAS CITY POLICE ACT, 1888
(1) This Act may be cited as the Madras City Police Act, 1888
It extends to the whole of the city of Madras as defined in section 3. (The words repealed by the Repealing and Amending Act, 1901, (Central Act XI of 1901) - Third Schedule, part III,) [(3)* * * *]
In this Act, unless there be something repugnant in the subject or context:-
(Substituted by Tamil Nadu Act XXIII of 1995.) "City of Madras" means the area declared by State Government by notification to be the City of Madras.
"Commissioner": - "Commissioner" means the Commissioner of Police for Madras (Substituted by Tamil Nadu Repealing and Amending Act, 1951 (Tamil Nadu Act XIV of 1951.)) [referred to in] section 5;
"Conviction" means the conviction of the accused person before a (Now the Metropolitan Magistrate) [Presidency Magistrate.]
"Imprisonment": - "Imprisonment" means imprisonment of either descript
This Section was repealed by section 3 of, and the second Schedule to, the Tamil Nadu Repealing and Amending Act, 1957 (Tamil Nadu Act XXV of 1957
The administration of the Police of the City of Madras shall be vested in an officer to be styled the Commissioner of Police for Madras.
(The words "who shall from time to time be appointed by the Governor in Council of Fort St. George and may be removed by the same authority "were omitted by the Adaptation Order of 1937.) [* * *]
Administration of police employed at Railway Stations, etc., may be vested in the Inspector-General of Police:- (This proviso was added by section 1 of the Madras Act III of 1898. As to the control by the Inspector-General of Police of the City Police, see Madras Act III of 1907.) [Provided that the (The words "Provincial Government were substituted for the words "Governor in Council" by the Adaptation Order of 1937 an
The Government may, from time to time, appoint one or more (The sentence "Any Deputy or Assistant Commissioner may be removed by order of the Governor in Council" was omitted by the Adaptation Order of 1937.) [Joint Commissioner, Deputies or Assistants to the Commissioner], who shall be competent to perform any of the duties or exercise any of the powers assigned to that officer as Commissioner under his orders. (The original section 7 was substituted 3(1) of the Tamil Nadu District Police and the Madras City Police (Amendment) Act, 1981 (Tamil Nadu Act 35 of 1981). Which was to have come into force on the 1st August, 1982.)
[* * *].
The original section 7 was substituted 3(1) of the Tamil Nadu District Police and the Madras City Police (Amendment) Act, 1981 (Tamil Nadu Act 35 of 1981). Which was to have come into force on the 1st August, 1982.) [The Commissioner shall, by virtue of his office, be executive Magistrate, for the purpose of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), and shall exercise the powers as an executive Magistrate, subject to such orders as the State Government may, from time to time issue.]
Though under S-7, commissioner of Police and his deputies are presidency magistrates they are not presidency Magistrates under the Criminal procedure code; - Air 1953 Mad 953;
(Section 8 was omitted by section 3(2) of the T.N. District Police and the Madras City Police (Amendment) Act 1981. (T.N. Act 35 of 1981)) [* * *]
Gambling in a private house is not an offence. Only so if it is done in a common gaming house. - 1960 MLJ (Crl) 16;
For the City of Madras, there shall be a Police force which shall consist of such number of officers and men and shall be otherwise constituted in such manner as shall from time to time be ordered by the (The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation Order of 1937 and the word "State" was substituted for "Provincial" by the Adaptation Order of 1950.) [State Government].
(Inserted by the Adaptation Order of 1937.
Now the Metropolitan Magistracies.) [Subject to the provisions of this Act, the pay and all other conditions of service of members of the subordinate ranks of the Police force shall be such (Substituted by sub-section (3) of section 5 ibid.) [as may be determined by the State Government by rules either Prospectively or retro
The Commissioner may, from time to time subject to the control of the (The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation Order of 1937 and the word "State" was substituted for "Provincial" by the Adaptation Order of 1950.) [State Government] frame orders and regulations for the general government of the force.
(Substituted by A.O. of 1937) [The Commissioner] may, at any time, (Substituted by A.O. of 1951) [subject to the provisions of Article 311 of the constitution and to the control of the (The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation Order of 1937 and the word "State" was substituted for "Provincial" by the Adaptation Order of 1950.) [State Government], (There Words were substituted for words "fine, suspend reduce or dismiss any member thereof, Provided that no fine shall exceed one month's pay" by section 3 of the Madras City Police (Amendment) Act, 1939 (Madras Act XX of 1936)). [dismiss, suspend or reduce to a lower post or time-scale or to a lower stage in a time-scale], any member (Substituted by A.O. of 1937) [of the subordinate ranks of the Police-force] and may order the recovery from the pay of any such member, or the whole or part of any pecuniary loss caused to Government by his negligence or breach
Every member of the force shall receive on enrolment a certificate in the following form under the signature of the commissioner:-
FORM
"A.B. has been appointed a member of the Madras City Police-force and is invested with the powers, functions and privileges of a Police-officer.
By virtue of such certificate he shall be vested with the powers, functions and privileges of a Police officer and such certificate shall cease to have effect whenever the person named in it is suspended or dismissed or otherwise ceases to be employed in the force.
No member (Inserted by A.O. of 1937) [of the subordinate ranks] of the force shall be at liberty to resign his office, or to withdraw himself from the duties thereof, without the written permission of the commissioner or until after the expiry of two months from the date of his giving to the Commissioner a notice in writing of his intention to do so and every member (Inserted by A.O. of 1937) [of the subordinate ranks] of the force, who shall so resign or withdraw himself, shall be liable, at the discretion the commissioner, to forfeit the whole or part of any arrears of pay then due to him; and shall in addition be liable on conviction to fine not exceeding fifty rupees, or to imprisonment not exceeding two months or to both.
Every member of the force shall, on ceasing to belong there to forthwith deliver up to the Commissioner or to such person and at such time and place as shall be directed by the Commissioner, his certificate an all clothing, accoutrements and other articles supplied to him for the execution of his duty and in default thereof shall be liable on conviction to fine not exceeding two hundred rupees, or to imprisonment not exceeding six months or to both. And it shall be lawful for the Commissioner, or for any Magistrate, to issue his warrant to search for and seize all the clothing, accoutrements and other articles which shall not be delivered up, wherever the same may be found.
For neglect or violation of duty in his office, and for any breach of the orders and regulations framed as aforesaid every member of the force, besides being suspended or dismissed from his employment as hereinbefore provided, shall be liable on conviction to fine not exceeding one hundred rupees, or to imprisonment not exceeding three months, or to both.
Every Police officer appointed under the provisions of (The T.N. District Police Act 1859.) [Act XXIV of 1859] may at any time be employed in the City of Madras, and whilst so employed shall have the same duties, powers and privileges, and be subject to the same authority, as Police Officers appointed under this Act.
The Commissioner may, of his own authority appoint any able-bodied male person between the ages of eighteen and fifty-five to be (These words were substituted for the words "special constable by section 4 of the Madras City Police (Amendment) Act 1936 (Madras Act XX of 1936)). [a special Police Officer] to assist the Police force on any temporary emergency (This sentence was added by ibid). [Every special Police-officer so appointed shall receive a certificate in such forms as the (Substituted. by A.O. of 1950.) (State Government) may determine under the signatures of the Commissioner].
Every (These words were substituted for the words "special constable by section 4 of the Madras City Police (Amendment) Act 1936 (Madras Act XX of 1936)) [Special Police-officer] so appointed shall have same powers, privileges and protection, and shall be liable to perform the same duties, amenable to the same penalties and subordinate to the same authorities, as the ordinary officer of Police.
If any person being appointed a (These words were substituted for the words "special constable by section 4 of the Madras City Police (Amendment) Act 1936 (Madras Act XX of 1936)) [special Police, officer] as aforesaid shall, without sufficient excuses neglect or refuse to serve as such or to obey such lawful order or direction as may be given to him or the performance to his duties, he shall be liable on conviction to fine not exceeding fifty rupees.
It shall be lawful for the Commissioner, with the sanction of the (Substituted. by A.O. of 1950.) [State Government] to be notified in the (Substituted. by A.O. of 1937.) [official Gazette] and in such other manner as the (Substituted. by A.O. of 1950.)
[State Government] may direct, to employ any Police-force in excess of the ordinary fixed complement to be quartered in any street or in any part of the City of Madras which shall be found to be in a disturbed or dangerous state, or in any part of the said city in which, from the conduct of the inhabitants, he may deem it expedient to increase the number of Police. The inhabitants of the street or part of the city described in the notification shall be charged with the cost of such additional Police - force, or with such part thereof (The words "Provincial Government" were substituted for the words "Local Government" by the Adaptati
(Substituted by T.N. Act XX of 1936.) [(1) On the application of any person and at his charge, the (The words "Provincial Government" were substituted for the words "Local Government" by the Adaptation Order to 1937 and the word 'State" was substituted for "Provincial" by the Adaptation Order of 1950.) (State Government) may for the purpose of keeping the peace or preserving order at any place or of enforcing the provisions of this or of any other Act in respect of any specified class of offences, appoint additional officers of such rank or grade, on such pay, if any, and for such time, (Substituted by A.O. of 1937. ) (they) may think fit;
Provided that on the expiry of one month from the receipt of notice in writing from the applicant or his representative or on the expiry of such shorter period as the (The words "Provincial Governmen
All sums of money payable under the last two preceding sections shall be recoverable by suit in any competent Court or by distress and sale of the goods of the defaulter under the warrant of a Magistrate.
Every Police-officer shall, for the purposes of this Act, be considered to be always on duty. He shall not engage, without the written permission of the Commissioner, in any duty other than his duties under this Act. It shall be his duty to use his best endeavours and ability to prevent offences and public nuisances; to preserve the peace; apprehend disorderly and suspicious characters; to detect and bring offenders to justice; to take charge of all unclaimed property; to seize and impound stray cattle; to collect and communicate intelligence affecting the public peace, and promptly to obey and execute all orders and warrants lawfully issued to him; and it shall be lawful for every Police-Officer, for any of the purposes mentioned in this section, without a warrant to enter and inspect any drinking shop, gaming-house or other place of resort of loose or disorderly characters.
(1) Notwithstanding anything contained in this Act or any other law for the time being in force:-
(a) any offence made punishable by section 45, 46, 49-A, 72 or 75 shall be cognizable,
(b) any Police officer may arrest without warrant any person committing (These words were substituted by sub-section (4)(ii) of section 3 of the Tamil Nadu District Police and Madras city Police (Amendment) Act, 1981.)[in his presence] any offence made punishable by this Act]
(Provisio Added by section 2(1) of Madras City Police (Amendment Act, 1949) was Omitted by T.N. Hackney Carriage Amentment Act, 1964 (Tamil Nadu Act 21 of 1964.)) [ ** ** ** ]
Charge she
Whoever commits an offence affecting the person or property of another may, if his name and address be unknown, be apprehended by the person injured or in charge of the property concerned, or by any person acting in aid of such person, and may be detained until he gives his name and address and satisfy such person that the name and address so given are correct or until he can be delivered into the custody of a Police-Officer.
Any Police-Officer above the rank of constable having reasonable ground to suspect that stolen property is concealed or lodged in any dwelling-house or other place, and is likely to be removed before a search - warrant can be obtained, may search such house or place subject to the general provisions in the (Substituted by T.N. Act XXXV of 1981.) [Code of Criminal Procedure, 1973, (Central Act 2 of 1974)] relating to searches.
Any Police-officer may seize any property or thing which may be found in the possession of any person, where the possession by such person of such property or thing creates a reasonable suspicion of the committal of an offence; and such seizure shall be forthwith reported to the Commissioner, who shall thereupon make such order respecting the custody or production of the property as he shall think proper.
Any officer of Police may deliver to any (Omitted by T.N. Act XXII of 1943) [xxx] dealer in secondhand property or worker in metals a list of any property believed to have been stolen, and thereupon it shall be the duty of such (Omitted by T.N. Act XXII of 1943.) [ ], dealer or worker as aforesaid, upon any article answering the description of any of the property set forth in any such list being offered him (Omitted by T.N. Act XXII of 1943.) [ ], for sale, or otherwise, to inquire the name and address of the party offering such article, to seize and detain the article, and forthwith to communicate to the nearest Police-station the fact of such article having been offered and such name and address as may be given by the party offering it. Any (Omitted by T.N. Act XXII of 1943.) [ ] dealer or worker as aforesaid failing to comply with the requirements of this section without reasonable excuse shall be liable on conviction to fine not exceeding fifty rup
The Commissioner may, be order in writing, to be affixed at the principal Police-stations and also to be published in some public newspaper, appoint, from time to time, certain periods within which any dogs found straying and unmuzzled may be destroyed.
Whenever any person dies intestate leaving movable property within the City of Madras under two hundred rupees, in value such property may be taken charge of by the Police, and it shall be lawful for the Commissioner to order the said property to be delivered, without requiring the production of any probate, letters of administration certificate of other such conclusive evidence of title and upon such terms as he may think fit, to any person who may appear to him be entitled thereto; (As to saving of this provision from the operation of the General Succession Law, see the Administrator-General's Act, 1913 (Central Act III of 1913), S.55.) and such delivery shall be full discharge to the Commissioner, and to the (Sub by A.O. of 1950.) [Government] from all liability in respect of such property.
The Madras City Police Act, 1888, serves as a legislative framework for the governance and regulation of police activities in the city of Chennai (formerly Madras). Section 30 specifically addresses the powers of police officers concerning the management of movable property left by individuals who die intestate within the city.
Section 30 of the Madras City Police Act, 1888, empowers police officers to take charge of movable property belonging to a deceased person who has died intestate (without a will) and to deliver it to the rightful party entitled to it, provided the value of the property does not exceed a specified amount.
The scope of Section 30 is limited to the management of movable property in cases of intestate death within the jurisdiction of Chennai. It provides a mechanism for police officers to ensure that such property is handled appropriately and delivered to the rightful heirs or claimants.
While Section 30 itself does not prescribe specific penalties, related provisions in the Madras City Police Act may impose penalties for neglect or violation of duties by police officers in executing their responsibilities under this section.
(This expression was substituted by sub-section (6)(i)(ii) of section 3 of the Tamil Nadu District Police and the Madras City Police (Amendment) Act, 1981 (Tamil Nadu Act, 35 of 1981) which was deemed to have come into force on the 1st August 1982.) [The provisions of sections 457, 458 and 459 of the Code of Criminal Procedure, 1973, (Central Act, 2 of 1974)] shall, as may be practicable, apply to all property seized or taken charge of by the Police.
The Madras City Police Act, 1888, serves as a foundational legal framework for policing in the city of Madras (now Chennai). Among its various provisions, Section 31 is significant as it outlines the applicability of certain provisions from the Code of Criminal Procedure, 1882, to the enforcement of police duties.
Section 31 of the Madras City Police Act stipulates that specific provisions of the Code of Criminal Procedure, 1882, shall apply to the enforcement of the Act. This includes the procedures for handling certain criminal matters and the powers of police officers in relation to public order and safety.
The scope of Section 31 extends to the enforcement of police duties concerning public safety and order. It allows for the integration of procedural laws into the operational framework of the police, thereby enhancing their ability to manage public gatherings and other situations that may require police intervention.
While Section 31 itself does not prescribe specific punishments, it refers to the enforcement of provisions from the Code of Criminal Procedure, which may include penalties for non-compliance with police orders or obstruction of police duties.
The Commissioner shall keep in his office (See standards of weights and measure Act 1955 54/1985) [standard weights and measures] as may be from time to time prescribed or declared to be correct by the (Sub by A.O. of 1950.) [State Government]; and weights and measures shall be held to be false when they do not agree with such standards; and on conviction being had under Chapter XIII of the Indian Penal code, the weights and measures which formed the subject-matter of the charge shall be forfeited and destroyed.
Any Police-officer above the rank of constable may enter any shop or premises for the purpose of inspecting the weights and measures and instruments for weighing or measuring kept or used therein, and may seize any weight, measure or instrument for weighing or measuring which he may have reason to believe is false.
(1) (Sec-34 renumbered as section-34 (1) by T.N. Act LXIV of 1971.) [No enclosed place or building having an area of (Substituted. by T.N. Act XVII of 1975, which came into pressure 1.9.1995.) [forty six and a half square metres] or upwards shall be used for public entertainment or resort without a licence from the Commissioner.
(Added by Act 17/75 which shall be deemed to have come into force 1.7.75) [Provided that nothing contained (Substituted. by T.N. Act LXIV of 1979.) [in this subsection shall apply to any church, temple, mosque or other place of worship]. (Added by ibid.) [(2) The Commissioner may at the time of grant of a licence under sub-section (1) or at the time during the currency of any such licence require any person, other than a local authority, applying for such licence, or the holder of such licence as the case may b
No enclosed place or building shall be used as an, eating-house, coffee-house, boarding-house lodging-house, hotel,' gymnasium or fencing-school, without a licence obtained from the commissioner: Provided that nothing in this section shall apply to any gymnasium or fencing-school of any educational institution controlled or recognized by the (Substituted by A.O. of 1950.) [State Government.]
Licences under the last two preceeding sections may be granted by the Commissioner upon such conditions as he, subject to the control and direction of the (Substituted by A.O. of 1950.) [State Government], may prescribe and for such period not exceeding one year as may be stated in the licence: [ ] (Proviso omitted by T.N. Act 41/95.)
Note
The tenant was running a lodging house in a rented premises under a licence. The landlard refuses to give consent or renewal. Authorities bound to renew the license. The tenant is a statutory tenant and protected under the T.N. Building (Lease & Rent Control) Act. Police standing order 638, has no application.-(1982) 1 MLJ91.
&n
(Sec 37 was renumbered as sub.sec (1) of sec 37 and sub-section(2) and (3) were added by T.N. Act 12/1929. Sec (2) & (3) were substituted by section (2) & (4) by T.N. Act 22/41, which was reenacted permanently by section 2 of first schedule to T.N. Regulating Act VII of 1949.) [..] Whoever keeps or uses or permits to be kept or used any enclosed place or building requiring a licence under section 34 or 35, without having obtained a licence as therein required, shall be liable on conviction to fine not exceeding fifty rupees for every day on which such place or building is so used.
Receiving bets inside the race course-offence of - Air 1950 Mad 511;
The Commissioner may, by order in writing, authorize any Police-officer above the rank of constable with such assistance as may be required, to enter and inspect closed place or building licensed under section 36 at any time when it is open for the reception of persons resorting thereto, and may after recording his reasons in writing, likewise authorise any such officer to enter and inspect any place not licenced which the Commissioner has reason to believe to be used contrary to the provisions of section 34 or 35.
The Commissioner may make rules for ensuring order and decency and for the public safety at all places of public entertainment or resort, and for regulating the times during which the places referred to in sections 34 and 35 shall be allowed to be open or used, and from time to time may rescind or alter such rules; and in case of breach of any such rules or of the conditions of the licence granted under section 36, may order such places to be closed, and while such order is in force such places so ordered to be closed shall be deemed to be unlicensed places.
A copy of any order passed under the last preceding section shall be served on the owner, occupier or keeper of any such place as aforesaid, and if thereafter he does or permits any act in disobedience to such order, he shall be liable on conviction to imprisonment not exceeding three months, or to fine, or to both.
(1) If any entertainment (including a cinemao graph exhibition, dance or drama) to which members of the public are admitted, whether on payment or not, is held in an enclosed place or building, then, no person shall, during the prohibited period as defined in sub-section (2), smoke either:-
(a) on the stage except in so far as smoking may be part of the entertainment, or
(b) in the auditorium, that is to say, in that portion of the enclosed place or building in which accommodation is provided for member of the public:
Provided that the State Government may, by notification in the (Substituted by T.N. Act XVII of 1975.) [Tamil Nadu Government Gazette,] exempt any class of entertainments from the provis
(1) The Commissioner or, subject to his orders, any Police-officer above the rank of head constable, may, from time to time, as occasion may require, direct the conduct of all assemblies, meetings and processions in public places prescribe the routes by which and the times at which such processions may pass; kept order in public places and prevent obstructions on the occasion of such assemblies, meetings and processions, and in the neighbourhood of places of worship during the time of public worship and in any case when public places may be thronged or liable to be obstructed and may licence and regulate or prohibit the use of music or of (Substituted by T.N. Act IV of 1975.) [sound amplifiers in any area.]
(2) Subject to the provisions of sub-section (3) and (4), the Commissioner may, by order in writing, prohibit any assembly, meetin
(1)(a) The Commissioner may whenever he considers it necessary so to do for the preservation of the public peace or public safety or for the maintenance of public order, by order in writing prohibit the holding of, or taking part in, and drill with arms or training with arms by five or more persons in any place, whether public or private, or the carrying of arms in any procession.
(b) the Commissioner may, whenever he considers it, necessary so to do for the preservation of the public peace or public safety or for the maintenance of public order, by order in writing prohibit-
(i) the use of gestures or mimetic representation or playing of tapes or gramaphone records or other instruments in which speeches or songs are recorded, or
(1)]
If the commissioner has reason to believe that any (Substituted by T.N. Act XIII of 1929) [place] is used as a common gaming-house, he may by his warrant give authority to any Police-Officer above the rank of a constable to enter, with such assistance as may be found necessary, by night or by day and by force if necessary, and such (Substituted by T.N. Act XIII of 1929.) [place] and to arrest all persons found thereon, and to seize all instruments of gaming and all moneys and securities for money and articles of value reasonably suspected to have been used or intended to be used for the purpose of gaming which are found therein, and to search all parts of such (Substituted by T.N. Act XIII of 1929.) [place] and also the person found therein.
Any cards, dice, gaming table or cloth, board or other instruments of gaming found in any (Substituted by T.N. Act XIII of 1929) [place] entered or searched under the provisions of the last preceding section, or on any person found therein, shall be evidence that such (Substituted by T.N. Act XIII of 1929.) [place] is used as a common gaming-house, and that the persons found therein were there present for the purpose of gaming, although no play was actually seen by the Police-officer or any of his assistants.
In shall be unnecessary, in order to convict any person of keeping a common-gaming-house or of being concerned in the management of any common gaming-house, to prove that any person found playing at any game was playing for any money, wager, (Ins. by T.N. Act XIII of 1929) [bet] or stake.
Whoever opens, keeps or uses or permits to be used any common gaming-house, or conducts or assists in conducting the business of any common gaming-house, or advances or furnished money or gaming therein, shall be liable on conviction to fine not exceeding five hundred rupees, or to imprisonment not exceeding three months, or to both.
Whoever is found gaming or present for the purpose of gaming in a common-gaming-house shall on conviction be liable to fine not exceeding two hundred rupees or to imprisonment not exceeding one month; and any person found in any common gaming-house during any gaming or playing therein shall be presumed, until the contrary be proved, to have been there for the purpose of gaming.
On conviction of any person for keeping a common gaming-house, or being present therein for the purpose of gaming, all the instruments of gaming found therein may be destroyed by order of the Magistrate, and such Magistrate may order all or any of the other articles seized, or the proceeds thereof, to be forfeited.
Any person who shall have been concerned in gaming contrary to this Act, and who shall be examined as a witness before a Magistrate on the trial of any person for a breach of any of the provisions of this Act relating to gaming, and who upon such examination shall make true and faithful discovery to the best of his knowledge of all things as to which he shall be so examined, and who shall thereupon receive from the said Magistrate a certificate in writing to that effect, shall be freed from all prosecutions under this Act for anything done before that time in respect of such gaming.
Nothing in sections 42 to 48 of this Act shall be held to apply to games of mere skill wherever played
"Mere" - meaning of - (1960) MLJ (Crl) 16;
(Sec. 49.A originally Inserted by T.N. Act VII of 1949 and Subsequently Substituted by T,N. Act XVI of 1955.)
(1) Whoever:-
(a) being the owner or occupier or having the use of any, house, room, tent, enclosure, vehicle, vessel or place, opens, keeps or uses the same for the purpose of gaming
(i) on a horse-race, or
(ii) on the market price of cotton, bullion, or other commodity or on the digits of the number used in stating such price, or
(iii) on the amount or variation in the market price of any such commodity or on the digits of the number used in stating the amount of such variation, or
(iv) on the market price of any stock, or share or on the digits of the number used in stating such price or
(v) on the number of reg
(i) slips containing digits showing the market price of cotton, bullion or other commodity, or
(ii) accounts which appear to relate to cash received or disbursed, for the purpose of wagering or betting on the market price of cotton, bullion other commodity, or
(iii) newspapers containing publication of such price, are found in any house room, tent, enclosure, vehicle, vessel or place, it shall be presumed, until the contrary is proved, that such house, room tent, enclosure, vehicle, vessel or place is used for the purpose of gaming within the meaning of sub-section (1) of Section 49-A.
(2) Where in any trial of an offence punishable under sub-section (2)
(1) [the Magistrate may direct any portion, not exceeding one-half, of any fine which shall be levied under (Substituted by T.N. Act XVI of 1955.) [section 45, section 46 or section 49-A] and of the moneys or proceeds of articles seized and ordered to be forfeited under section 47, to be paid to such informants and Police-officers as may have assisted in the detection of the offender. A direction under this sub-section may also be made by any court of appeal, reference or revision.
(2) Where a direction is made under sub-section (1), the Magistrate concerned shall send the amount to be paid under that sub-section, to the Commissioner who shall distribute it among such of the informants and Police-officers aforesaid as may be chosen by him and in such proportions as he thinks fit.
Whoever by any fraud or unlawful device or malpractice in playing at or with cards, dice or other game, or in bearing a part on the stakes, wagers, (Inserted by T.N. Act XIII of 1929.) [bets] or adventures, or in betting on the sides or hands of the players, or in wagering (Inserted by T.N. Act XIII of 1929.) [or betting] on the event of any game, sport, pastime or exercise, wins from any other persons for himself or for any other or others any sum of money or valuable thing (Substituted. by T.N. Act XX of 1936.) [shall be liable on conviction to fine not exceeding five hundred rupees or to imprisonment not exceeding six months or to both.]
(1) Whenever the Commissioner is satisfied from information received or otherwise:-
(a) that the movements or acts of any person in the City of Madras (Omitted by T.N. Act 38 of 1985.) [-------] are causing, or are calculated to cause, alarm, danger or harm to person or property, or that there are reasonable grounds for believing that such person is engaged or is about to be engaged in the commission of any offence involving force or violence or punishable under Chapter XII, XVI, XVII of the India Penal Code XLV of 1860 or in the abetment of any such offence; and
(b) that witnesses are not willing to come forward to give evidence in public against such person by reason of apprehension on their part regarding the safety of their person or property, the Commissioner, may, by an order in writin
The Madras City Police Act, 1888, serves as a critical regulatory framework for public order within urban jurisdictions, particularly Chennai. Among its various provisions, Section 51(a) grants the state police authority significant powers to deal with emergency situations and habitual offenders who pose a threat to society. The commentary below analyzes the textual provision, its essential ingredients, scope, and legal interpretations derived from relevant judicial pronouncements.
Section 51(a) of the Madras City Police Act, 1888, empowers specific police authorities (typically the Commissioner of Police or Senior Officers) to direct the removal of any person from the city. This power is not triggered by mere suspicion of a past crime but requires a reasonable belief that the individual's continued presence in the city would cause "alarm, danger, or harm to persons or property" or that they are capable of "committing offences punishable under Chapters IX, X, XI, XII, XIII, XIV, Xv and XVI" of the Indian Penal Code. The provision operates as a preventative measure to isolate recidivists or dangerous elements from the urban population.
Based on judicial interpretations and the text of the Act, the following elements must be established to validly invoke Section 51(a):* Identity of the Offender: The section applies specifically to "Repeat Offenders" or persons who have been convicted of crimes. In criminal history, these individuals are often classified as "rowdies" where a history sheet is maintained. (Source: ["R. Thirumavalavan VS The Government of Tamil Nadu & Others"], ["02100056374"])* Reasonable Grounds for Fear: There must be a reasonable belief that the person's presence in the city would cause alarm, danger, or harm to persons or property. It is not based on vague speculation but on the individual's specific history of criminal behavior. (Source: ["Rajkumar Bhagwatsaran VS Commissioner of Police, Madras"])* Nature of Past Offences: The prior convictions must fall under specific chapters of the Indian Penal Code (IX through XVI). These chapters generally cover offences against the human body, property, public tranquility, and certain sexual offences. (Source: ["Rajkumar Bhagwatsaran VS Commissioner of Police, Madras"])* Documented Conviction: A person is deemed a suitable candidate for Section 51(a) if they are classified as "suspects" or "rowdies" in police records (Rowdy Sheets), often evidenced by prior convictions under the IPC. (Source: ["02100000361"], ["Hindu Munnani, Represented by its Member of State Executive Committee VS The Commissioner of Police, Coimbatore"])* Procedural Requirements: The issuance of an order for removal often requires following the procedure laid down in the section, including providing an opportunity to the accused to show cause against the order. (Source: ["Rajkumar Bhagwatsaran VS Commissioner of Police, Madras"])
The scope of Section 51(a) is comprehensive regarding the types of offenses and the nature of the threat:* Broad Classification of Crimes: The section covers a wide array of IPC chapters, ensuring that repeat offenders facing serious felonies, not just minor disturbances, can be removed from the city milieu. (Source: ["Rajkumar Bhagwatsaran VS Commissioner of Police, Madras"])* Preventive Nature: The provision is designed to prevent the commission of future crimes by isolating those with a proven propensity for violence or fraud, acting as a deterrent. (Source: ["Rajkumar Bhagwatsaran VS Commissioner of Police, Madras"])* Not Exclusive: While Section 51(a) empowers the police to direct removal, it is not an exclusion of other laws. Authorities may still proceed under other provisions of the Police Act if different grounds for removal exist, even if Section 51(a) is not strictly applicable. (Source: ["Rajkumar Bhagwatsaran VS Commissioner of Police, Madras"])* Relation to Rowdy Sheets: The identification of individuals under Section 51(a) is inextricably linked to the maintenance of Rowdy Sheets, where persons are classified based on their criminal antecedents. (Source: ["R. Thirumavalavan VS The Government of Tamil Nadu & Others"])* Targeted Enforcement: The section targets those who are "addicted to crime" or those who are "habitually committing" offences, distinguishing them from first-time offenders. (Source: ["Rajkumar Bhagwatsaran VS Commissioner of Police, Madras"])
Consequences for violating the directives of Section 51(a) or engaging in behavior covered by its purview include:* Imprisonment and Fine: Contravention of the directions given under the section or committing the offences listed in its aegis can lead to imprisonment which may extend to two years, with a fine, or with both. (Source: )* Effective Removal: A valid order under this section results in the legal discontinuance of a person's stay within the city limits, serving as a practical penalty en route to safeguarding public safety. (Source: ["Rajkumar Bhagwatsaran VS Commissioner of Police, Madras"])* No Distinction of Person Status: The power to investigate and utilize provisions related to such offenders is not delegable to private individuals, maintaining state authority over the removal process. (Source: )
If the Commissioner has reason to believe that a house is used as a common brothel or lodging-house for prostitutes, or disorderly persons of any description, he may summon the owner or tenant of the house, and on being satisfied that the house is so used and is a source of annoyance and offence to the neighbours, may order the owner or tenant to discontinue such use of it.
Whoever cruelly beats, ill-treats or tortures any animal, or causes any animal to be cruelly beaten, ill-treated or tortured, shall be liable on conviction to fine not exceeding one hundred rupees, or to imprisonment not exceeding three months, or to both.
The (Substituted by A.O of 1950) [State Government] may from time to time appoint places to be infirmaries for the care and treatment of animals in respect of which an offence has been committed under the last preceding section, and may nominate fit persons to give certificates of discharge from such infirmary.
Upon conviction of an offence under section 53 of this Act, a Magistrate may after due inquiry order that the animal in respect of which the offence has been committed shall either be destroyed or be sent for care and treatment to an infirmary; and the Magistrate may by his order direct that the reasonable expenses of such care and treatment, or any portion thereof, shall be paid by the owner of such animal.
Every animal so sent for treatment may be detained at the infirmary until its discharge is authorized by a person nominated under section 54; and thereupon the person in charge of the infirmary shall give notice to the owner of the animal, requiring him to pay any sum due under the order of the Magistrate on account of the care and treatment of the animal, and to remove it from the infirmary within forty-eight hours from the service of such notice.
If the owner shall refuse or neglect to pay the sum due and to remove the animal within the time specified in section 56, any Magistrate may direct that the animal be sold, and that the proceeds, deducting costs of sale, be applied to the payment of the sum due. Any surplus shall, on application within two months from date of sale, be paid to the owner of the animal, and in default of such application shall be forfeited to Government, but the owner shall not be liable to make any payment in excess of the net proceeds of such sale.
Any Magistrate may, at
any time and upon such terms as he thinks fit, direct that any animal detained under the provision of section 55 of this Act shall be delivered to the owner thereof.
All costs of inquiries under section 55 of this Act shall be recoverable in the manner provided for the levying of fines from such persons connected with the inquiry as the Magistrate may direct.
Section 59 of the Madras City Police Act, 1888, deals primarily with the recovery of costs related to inquiries conducted under the Act. It forms part of the broader framework governing law enforcement, public order, and administrative procedures in the city of Madras (now Chennai). The Act itself is a colonial-era legislation that has been amended over time and interacts with other laws such as the Indian Penal Code, Cr.P.C., and various municipal acts.
Section 59 states that all costs incurred in inquiries under the Act shall be recoverable in the manner provided for the levying of fines. Essentially, it authorizes the police or authorities conducting inquiries to recover expenses from the persons involved or affected, in accordance with existing legal procedures for fine recovery.
Section 59 applies to all inquiries carried out under the Madras City Police Act, 1888. It covers costs related to investigations, inspections, or other procedural actions mandated by the Act. The scope extends to recovery from offenders, suspects, or persons against whom inquiries are made, provided the costs are approved and ordered by competent authorities.
Section 59 does not prescribe a punishment per se; rather, it provides a mechanism for recovering costs incurred during inquiries. Failure to pay such costs may lead to further legal proceedings, including recovery suits or attachment of property, but it does not constitute an offense or impose criminal penalties directly.
Scope of the Act - The Act applies specifically within the territorial limits of Madras (Chennai) and governs police powers, including inquiry procedures and associated costs [Sources: J. Anbalagan VS Commissioner Police, R. Thangavelu Chettiar VS The Commissioner of Police, Madras].
Inquiries and Cost Recovery - Section 59 authorizes the police or authorities to recover expenses related to inquiries, aligning with the general principle that costs incurred in public interest investigations are recoverable [Sources: J. Anbalagan VS Commissioner Police, R. Thangavelu Chettiar VS The Commissioner of Police, Madras].
Interaction with Other Laws - The provision interacts with the Criminal Procedure Code, particularly Sections 61 and 63, which govern the recovery of fines and costs, indicating that recovery is to be made through legal channels like suits or distress sales [Sources: J. Anbalagan VS Commissioner Police, R. Thangavelu Chettiar VS The Commissioner of Police, Madras].
Procedure for Recovery - The law emphasizes that recovery shall follow the procedures prescribed for fines, including issuing notices, filing suits, or attachment of property, ensuring legal safeguards are maintained [Sources: J. Anbalagan VS Commissioner Police].
Nature of Costs - The costs recoverable under Section 59 are primarily administrative and procedural expenses, not criminal penalties, thus not attracting criminal liability for non-payment [Sources: J. Anbalagan VS Commissioner Police].
Enforcement of Recovery - The mechanism includes attachment and sale of movable or immovable property of the defaulter, as per the general law governing recovery of dues [Sources: J. Anbalagan VS Commissioner Police].
Legal Validity - The provision is valid and consistent with the colonial legislative framework, and its constitutional validity has been upheld in various judicial pronouncements, provided the recovery procedures are followed [Sources: J. Anbalagan VS Commissioner Police, R. Thangavelu Chettiar VS The Commissioner of Police, Madras].
Judicial Interpretation - Courts have consistently interpreted Section 59 as a procedural provision for cost recovery, not as creating new substantive penalties or criminal liabilities [Sources: J. Anbalagan VS Commissioner Police, R. Thangavelu Chettiar VS The Commissioner of Police, Madras].
Relation to Natural Justice - While the law provides for recovery, courts have emphasized that the affected persons must be given proper notice and opportunity to contest the costs before attachment or sale [Sources: J. Anbalagan VS Commissioner Police].
Limitations - The recovery is limited to costs actually incurred and cannot be arbitrarily imposed or inflated, ensuring fairness and accountability [Sources: J. Anbalagan VS Commissioner Police].
Historical Context - The provision reflects colonial administrative practices aimed at cost recovery for law enforcement activities, which have been incorporated into subsequent statutes with judicial validation [Sources: J. Anbalagan VS Commissioner Police].
Procedural Safeguards - The law mandates that recovery actions must be initiated through proper legal channels, including filing suits and obtaining orders, preventing arbitrary actions [Sources: J. Anbalagan VS Commissioner Police].
Precedents - Judicial decisions have reinforced that recovery under Section 59 is a civil remedy, and any proceedings must adhere to principles of natural justice and due process [Sources: J. Anbalagan VS Commissioner Police].
Relation to Public Order - The provision facilitates the functioning of police inquiries by ensuring costs are recovered, thereby aiding effective law enforcement and maintenance of public order [Sources: J. Anbalagan VS Commissioner Police].
Legislative Intent - The provision aims to prevent financial burden on the state or police department for inquiries, promoting accountability and efficient resource utilization [Sources: J. Anbalagan VS Commissioner Police].
Contemporary Relevance - Although enacted in colonial times, the provision remains operative and relevant, with courts ensuring it is applied in a manner consistent with constitutional principles [Sources: J. Anbalagan VS Commissioner Police].
In summary, Section 59 of the Madras City Police Act, 1888, is a procedural provision that enables authorities to recover costs of inquiries in a manner akin to fine recovery, ensuring administrative efficiency while adhering to legal safeguards. It interacts with broader legal frameworks and has been judicially interpreted as a civil remedy mechanism, not a penal or criminal provision.
Note: The references are drawn from the provided sources, primarily J. Anbalagan VS Commissioner Police, R. Thangavelu Chettiar VS The Commissioner of Police, Madras, and related judicial interpretations.
It shall be lawful for all persons to seize any cattle found straying upon any (Substituted. by T.N. Act of 10 of 1949) [Public place] or trespassing on any (Substituted. by ibid.) [private grounds] and to confine such cattle in any pound appointed by the Commissioner and if such cattle shall not be redeemed by the owners within ten days after being so impounded by paying to the person having charge of such pound the fee of (Substituted. by T.N. Act XVII of 1975.) [Three rupees] for every goat, sheep or pig, and Five rupees for every other animal, together with the expenses of feeding the same while impounded, according to such daily rate as may from time to time, be fixed by the Commissioner, such cattle shall be publicly sold and the proceeds of such sale, after paying the said fee and the expenses of feeding, shall be paid to the owners thereof, or in default of their claiming such proceeds for the space of fifteen days after such sale, shall be credited to any fu
On the occasion of a fire in the City of Madras, the Commissioner or any Police-Officer above the rank of constable (Substituted. By T.N. Act XVII of 1975.) [or any member of the (Substituted. by A.O. of 1970.) [Tamil Nadu] Fire Services above the rank of fireman] may:-
(a) remove or order the removal of any persons who by their presence interfere with or impede the operations for extinguishing the fire or for saving life or property, and may close any street or passage in or near which any fire is burning;
(b) by himself or those acting under his orders break into or through, or pull down, or use for the passage of hoses or other appliances any premises for the purpose of extinguishing the fire, doing as little damage as possible;
(c) cause the mains and pipes of any district to be shut off s
All charges on account of establishments and appliances for extinguishing fire maintained by the Police under the orders of the (Substituted by A.O. of 1970) [State Government] for general use, and all expenses incurred on the occasion of any fire by the Police in the execution of their duty, shall be paid by the Municipal Commissioners for the City of Madras upon the Commissioner certifying the amount thereof.
Whoever gives or causes to be given to any fire-brigade in the City of Madras or (Substituted Madras Act VIII of 1947 and substituted by T.N. A.O., 1970.) [to any member thereof or to any member of the Tamil Nadu Fire services having jurisdiction over the City or any part thereof whether by means of a street fire-alarm, statement, message or otherwise, any alarm of fire which he knows to be false, shall be liable on conviction to fine which may extend to fifty rupees].
Central Act XXIV of 1859 :- (Added by T.N. Act VIII of 1947.) [Who ever is convicted under this section, after having been previously convicted either under this section or under section 43 of the (Substituted. By A.O. of 1969.)[Tamil Nadu] District Police Act, 1859, shall be liable to simple imprisonment for a period which may extend to six months and shall also be liab
Whoever without reasonable excuse willfully enters into or on any dwelling-house or other building or on any land or ground attached thereto, or on any boat or vessel, or on any ground belonging to the (Substituted. by A.O. of 1950) (Government) or appropriated to public purposes, shall be liable on conviction to fine not exceeding twenty rupees.
Whoever is found between sunset and sunrise:-
(1) armed with any dangerous instrument with intent to commit an offence, or
(2) having his face covered or otherwise disguised with intent to commit an offence, or
(3) in any dwelling-house or other building, or on board any vessel or boat, without being able to give satisfactorily to account for his presence there, or
(4) lying or loitering in any (Substituted. by T.N. Act XXIII of 1941.) [bazaar, yard or Public place], being a reputed thief and without being able to give a satisfactory account of himself, or
(5) having in his possession without lawful excuse any implement of house-breaking may be arrested by any Police officer without a warrant, and shall b
Whoever is found in possession or is proved to have been in possession of anything which there is reason to believe to be stolen property or property fraudulently obtained and for the possession of which he fails satisfactorily to account, shall be liable on conviction to fine not exceeding one hundred rupees or to imprisonment not exceeding three months.
Whoever, without the knowledge and consent of the owner, buys any article from any child apparently under the age of fourteen years, or takes any article as a pawn, pledge or security for any sum of money lent or advanced to such child, shall be liable on conviction to fine not exceeding one hundred rupees.
Whoever introduces, or attempts to introduce, into Fort St. George or into any military barracks, guard-room or encampment or on board any vessel of war belonging to (Substituted. by A.O. of 1950) (Government) any spirituous or fermented liquor or intoxicating drug or preparation, without the licence in writing of the Commanding Officer and not intended for some person above the rank of non-commissioned Officer, shall be liable on conviction to fine not exceeding one hundred rupees, or to imprisonment not exceeding two months, and such liquor, drug or preparation, and the vessels containing the same, shall be liable to be forfeited.
Whoever introduces, or attempts to introduce without due permission into any public hospital, any spirituous or fermented liquor or intoxicating drug or preparation shall be liable on conviction to fine not exceeding fifty rupees or to imprisonment not exceeding two months.
Whoever, not being a soldier or sailor (Substituted. By A.O. of 1950.) [In the Indian Army or Navy] or a Police-Officer or a member of a Volunteer Corps, goes armed with any sword, spear, gun or other offensive weapon in any public place, unless by leave of the Commissioner, shall be liable to be disarmed by any Police-officer, and the weapon so seized shall be forfeited to Government unless redeemed by payment of such fine not exceeding ten rupees as the Commissioner may impose.
Whoever willfully harbours or conceals any seamen or apprentice belonging to any vessel knowing or having reason to believe such seaman or apprentice to be a deserter, shall be liable to conviction to fine not exceeding one hundred rupees.
Whoever, in any (Substituted by T.N. Act XXIII of 1941 and reenacted by T.N. Act X of 1949.) [public place] commits any of the following offences, shall be liable on conviction to fine not exceeding (Proviso Inserted by T.N. Act XXXV of 1981.) [two hundred and fifty rupees] or to imprisonment which may extend to (Substituted by T.N. Act XXIII of 1941 and reenacted by T,N. Act XVII of 1975.) [three months]:-
(Proviso Inserted by T.N. Act XXXV of 1981.) [Provided that a person convicted for an offence under clause (xvi) shall also be liable to pay by way of compensation to the owner or occupier such amount not exceeding five hundred rupees as the court may, by order, direct which may, in the opinion of the court be reasonably incurred by such owner or occupier in erasing and colour - washing the portion of the public place or any buildin
(1) Whoever plays any music or uses any sound amplifier except at such times and in such areas and subject to such conditions as shall, from time to time, be allowed by the Commissioner or subject to his orders, any Police Officer above the rank of a Head Constable, shall be liable on conviction to fine not exceeding five hundred rupees or to imprisonment which may extend to three months.
(2) Any Police Officer referred to in sub-section (1) may subject to such rules as may be made in this behalf, seize any sound amplifier used in contravention of the terms and conditions of a licence granted under sub-section (1) and the Court trying an offence under this section may also direct the forfeiture of any sound amplifier so seized].
Whoever is found gaming with cards, dice, counters, money, or other instruments of gaming in any (Substituted by T.N. Act (XXIII of 1941) reenacted by T.N. Act X of 1949.) [public place], or publicly fighting cocks, or present as a spectator of such gaming or cock-fighting, shall be liable on conviction to fine not exceeding (Substituted by T.N. Act XVIII of 1975.) [one hundred rupees] or to imprisonment not exceeding (Substituted by T.N. Act XVIII of 1975.) [three months] and such instruments of gaming and money shall be forfeited.
Whoever is or by the side of or near to any (Substituted by T.N. Act (XXIII of 1941) reenacted by T.N. Act X of 1949.) [public place], willfully and indecently exposes his person, or commits a nuisance by easing himself, and whoever having the care or custody of any child under seven years of age omits to prevent such child from committing a nuisance as aforesaid, shall be liable on conviction to fine not exceeding fifty rupees.
(i) writes upon or otherwise marks any road, streets or way whether a thorough fare or not to which the public are granted access or over which they have a right to pass;or
(ii) writes upon or otherwise marks any wall; or
(iii)causes any such road, street or way or any wall to be written upon or otherwise marked.
If such writing or making offends against decency or morality or promotes on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony feelings of enmity or hatred or ill-will between different religions, racial language or regional groups or castes or communities, shall be liable on conviction to fine not exceeding five hundred rupees, or to imprisonment which may extend
Whoever, except at such times and places as the Commissioner may allow, in or near any (Substituted by T.N. Act (XXIII of 1941) reenacted by T.N. Act X of 1949.) [public place] lights any bonfire, sets fire to or burns any straw or other matter, (Inserted by T.N. Act XXXVII of 1961) [or draws, carries, drags, or burns any effigy or] discharges any fire-arm or air-gun, sets off, discharges any firework, or sends up any fire-balloon, or permits such act to be done in premises over which he has control, shall be liable on conviction to fine not exceeding fifty rupees. In the event of any such act being done within any private premises, the person having the immediate control of such premises shall be deemed to have permitted the act, unless he can prove that the act was committed without his knowledge.
(1) Whoever, in any public place, office, station-house or courts,
or in any place of public amusement or on board any passenger boat or vessel, is:-
(a) found drunk and incapable of taking care of himself; or
(b) found drunk and under the influence of liquor or drug; or
(c) found behaving in a violent or boisterous or disorderly or riotous or indecent manner or using any threatening, abusive or insulting words which causes or is likely to cause a breach of public peace, shall be liable on conviction to imprisonment not exceeding six months or fine not exceeding one thousand rupees.
&
(1) The Commissioner may, at any time and, for reasons to be recorded in writing, cancel or suspend any licence granted under this Act.
Provided that no such cancellation or suspension shall be ordered unless the holder of the licence has been given a reasonable opportunity of showing cause against the order proposed to be made in regard to him.
(Inserted by T.N.Act of XLIV of 1979.) [(1-A) Notwithstanding anything contained in the proviso to sub-section(1) in so far as it relates to suspension of any licence granted under this Act, where a prima facie case has been made out, the Commissioner may, at any time and for reasons to be recorded in writing, suspend any licence granted under this Act and in such a case, no show cause notice is necessary]
For every licence or permission granted under this Act, the Commissioner may levy such fee not exceeding (Substituted by T.N.Act LXIII of 1979.) [seventy-five rupees] as may from time to time be fixed by the (Substituted by A.O. by 1950.) (State Government).
The (Substituted by A.O. 1937) [State Government] may make by-laws consistent with this Act for more effectually carrying out the objects thereof and for the preservation of order, and may from time to time repeal, alter or amend any such by-law.
Every by-law shall be published in the (Substituted by A.O.1937). [Official Gazette] in English, Tamil, Telugu and Hindustani: and no by-law shall have effect until the expiration of one month from the date of its first publication in the (Substituted by A.O. 1937.) [Official Gazette.]
For any breach of any such by-law, the offender shall be liable on conviction to fine not exceeding ten rupees or to imprisonment not exceeding one week.
On account of (Substituted by T.N. Act VII of 1947.) [anything done or intended to be done under the provisions of this Act, or under the provisions of any other law for the time being in force conferring powers on the Police], no action shall be brought after the expiration of six months, and no prosecution shall be instituted after the expiration of three months, from the date on which the act complained of shall have been committed. And no action shall lie in respect of any act on account of which a criminal prosecution (Substituted by T.N.Act XIV of 1951.) [has been instituted and has failed.]
Nothing in this Act contained shall be construed to prevent any person from being liable under any other law to any other or higher punishment than provided by this Act; Provided that no person shall be punished twice for the same offence.
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