Chapter VII OFFENCES AND PUNISHMENTS.

Leaving cattle, etc., insufficiently tended.

100. No person shall cause obstruction, damage, injury, danger, alram or mischief in any street or public place,- (i) by any misbehaviour, negligence or ill-usage in the driving, management, treatment or care of any animal or vehicle; or (ii) by driving any vehicle or animal laden with timber, poles or other unwieldy articles through a street or public place contrary to any regulation made in that behalf and published by a competent authority. A superior Police Oficer may himself perform duties imposed on his inferior, etc. Emergency duties of police. Disregarding the rule of the road. Leaving cattle, etc., insufficiently tended. Causing obstruction or misechief by animal. Exposing animal for hire or sale, etc. Causing any obstruction in a street. Obstructing a footway. Exhibiting mimetic, musical or other performances, etc. Doing offensive acts on or near street or public place. Letting loose horse, etc., and suffering ferocious dogs to vbe at large. Bathing or washing in places not at apart for those purposes. Defiling water in public wells etc.

101. No person shall in any street or public place expose for hire or sale any animal or vehicle, clean any furniture or vehicle, or clean or groom any horse or other animal, except at such times and places as a competent authoroty permits, or shall train or break in any horse or other animal or made any vehicle or any part of vehicle, or except when in the case of an accident repariring on the spot is unavoidable, repair any vehicle or part of vehicle or carry on therein any manufacture or operation so as to be serious impediment to traffic or a serious annoyance to residents or to the public.

102. No person shall cause obstruction in any street, or public place by allowing any animal or vehicle which has to be loaded or unloaded, or to take up or set down passengers, to remain or stand therein longer than may be necessary for such purpose, or by leaving any vehicle standing or fastening any cattle therein or using any part of a street or public place as a halting place for vehicles or cattel, or by leaving any box, bale, package or other thing wheat so ever in or upon a street for an umeasonable length of time or contrary to any regulation made and published by a competent authority by exposing anything for sale or setting out anything for sale in or upon any stall, booth, board, cask, basket or in any other way whatsoever.

103. No person shall drive, ride, lead, propal or leave on any footway any animal or vehicle other than a perambulator of fasten any animal so the same can stand accross or upon such footway.

104. No person shall exhibit, contrary to any regulation made and notified by the Commissioner or a District Magistrate, as the case may be, any mimetic, musical or other performances of a nature to attract crowds, or carry or place bullky advertisements, pictures, figures or emblems in any street or public place whereby an obstruction to passengers or annoyance to the inhabitants may be occasioned.

105. No person shall slaughter any animal, clean a carcass or hide, or bathe or wash his person in or near to and within sight of a street or pubic place (except at a place set apart for the purpose by order of a competent authority) so as to cause annoyance to the neighbouring residents or to passers by.

I 07.

Defiling water in public wells, etc. I 09. Obstructing bathers.

1951: Born. XXII] Gujarat Police Act, 1951 (VII) SECTIONS.

Behaving indecently in public. 57

111. No person shall wilfully porch, press, hustle or obstruct any passenger in a street or public place or by violent movement, menacing, gesture, wanton personal annoyance, scrraming, shouting, wilfully frightening horses or cattle or otherwise distrub the public peace or order.

112. No person shall use in any street or public place any threatening, abusive or insulting words or behaviour with intent to provoke a breach of the peace or whereby a breach of the peace may be occasioned.

114. [Deleted}. 57 ll5. Committing nuisance in or near street, etc. 57

ll5. Committing nuisance in or near street, etc. 57

116. No person shall, in any Court, Police Station, Police Office, building occupied by Government or building occupied by any public body, smoke or spit in contravention of a notice by a competant authority in charge of such place and affixed to such Court, Station, Office or building. 117. Any person who contravenes any of the provisions of section 99 to 116 (both inclusive) shall, on conviction, be punished with fine which may extend to '[hundred rupees]

117, or section 125 or section 130 or sub-clause (i), (iv), or (v) of section 131 or clause (i) of section 135 in respect of contravention of any order made under section 39 or 40).

118. (1) In any local area in which the State Government by notification in the Official Gazette brings this section into force, whoever through neglect or otherwise fails to keep in confinment or under restraint between one hour after sunset and sumise any cattle which are his property or in his charge shall, on conviction, 4[be punished,- I. This word was substituted for the word "houses"by Born. 21 of 1954, s.3, Seccond Schedule. 2. This ward and clause were inserted by Born. 1 of 1956, s.12. 3. These words were substituted for the words "fifty rupees", ibid., s. 13. 4. This portion was substituted for the words begining with the words "be punished" and ending with the word "or with both" by Born. 20of1953, s. 14 (1). or near street etc. Disregard of notice in public building. Penalties for offenders under sections 99 to 116. Penalty for failure to keep in confirnment cattle etc. Punishment for cruelty to animals. Wilful trespass. (i) for the first offence, with imprisonment for a term which may extend to one month or with fine which may extend so three hundered rupees or with both; (ii) for the second or subsequent offence, with imprisonment for a term which may extend to six months or with fine which may extent to five hundred rupees or with both]. Explanation.-Cattle shall not be deemed to be kept in confirment within the meaning of this sub-section unless they are effectively confined within a fence, wall or other enclosure and shall not be deemed to be kept under restraint within the meaning of this sub-section unless they are restrained by means of a rope or other attachment. '[(IA) The Magistrate trying the offence under sub-section (1) may, order- (a) that the accused shall pay such compensation not exceeding two hundred and fifty rupees, as the Magistrate considers reasonable, to any peson for any damage proved to have been caused to his property or to produce of land by the cattle under the control of the accused trespassing on his land; and also. (b) that the cattle in respect of which the offence has been committed shall be forfeited to the State Government. (JB) Any compensation awarded under sub-section (lA) may be recovered as if it were a fine imposed under this section. (1 C) The offence under this section shall be cognizable.] (2) Any person may seize and cattle not being kept in confinement or under restraint as required by this section and may take or send same to the nearest cattle-pound, and the owner and other persons concerned shall thereon become subject to the provision of the Cattle TresspassAct, 1871 2 [ * * * * *).All officers of Police and all police patels and all members of the village police shall, when required, aid in preventing resistance to such seizures and rescues from persons making such seizures. (3) Any fine imposed under this section, may without prejudice to any other means of recover provided by law, be recovered by sale of all or any of the cattle in respect of which the offence was committed, whether they are the property of the person convicted of the offence or were only in his charge when the offence was committe.

119. Whoever in any place 3[in any area for which a Commissioner has not been appointed] cruelly beats, goads, overworks ill-treats or tortures or causes or procures tobe cruelly beaten geaded, over-worked, ill-treated or tortured any animal, shall, on conviction, be punished with imprisonment which may extend to one month or with fine which may extend to one hundered rupees, or with both. 120. Whoever without satisfactory excuse wilfully enters or remains in or upon any dwelling house or premises or any land or ground attached thereto, or on any ground, building, monument or structure belonging to Government appropriated to public purposes or on any boat or vessel, shall, on conviction, or whether he causes any actual damage or not, be punished with fine which may extend to twenty rupees. I. Sub-sections (IA), (JB) and (IC) were inserted by Bom. 20of1953, s. 14 (2). 2. The portion, beginning with the words "or ofthatAct" and ending with the words" as the case may be" was deleted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 3. These words were substituted for the words "outside Greater Bombay" by Born. 56 of 1959, s. 3 Schedule. 1951 : Born. XXIIJ Gujarat Police Act. 1951

120. I. These words, brackets and figures were substituted for "sub-section (3) of section 6" by Born. 21of1954, s. 3, Second Schedule. 2. These brackets, figures and words were substituted for "(5), (6). (7) and (8) of section 6" the ibid. 3. This section was substituted for original, ibid, S. 3, Second Schedule. Po\ver of l\-1agistrate to return animal to person from whose possessi- ion it was taken. Veterinary officer to examine the animal. Animal to be dealt with under Act XI of 1890. Power of Police Officer to unsaddle the animal or unload. Power of Police to arrest without \Varrant when certain offences committed in his presence. Other Powers of arrest. Refusal to obey warning or to accompany Police. Police to take charge of unclaimed property. Intestate property over four hundred rupees in value. Intestate property over four hundred rupees in value.

121. Whoever knowiµg gives or causes to be given a false alarm of fire to the fire brigade of a municipality or corporation or to any office or fireman thereof whether by means of a street fire-alarm, statement, message or otherwise, or, with intent to give such fales alarm wilfully breaks the glass of or otherwise damages a street fire-alarm, shall on conviction, be pnnished with imprisonment for a term which may extend to three months or with fire which may extend to one hundred rupees or with both.

122. Whoever is found between sunset and sumise- False alarm of fire or damage to fire-alarm. Being found under suspious circumstances (a) armed with any dangerous instrument with intent to committ offence or between sunset (b) having his face covered, or otherwise disguised, with intent to committed an offence, or (c) in any dwelling house or other building, or on board any vessel or boat without being able satisfactory to account for his presence there, or (d) lying or loitering in any street, yard or other place, being a reputed thief and without being able to give a satisfactory account of himself, or (e) having in his possession without lawful excuse (the burden of proving which excuse shall be on such person) any implement of house breaking, shall, on conviction, be punished with imprisonment for a term which may extend to three months.

123. Whoever not being a member of the armed force of the Union and acting as such or a Police Officer, goes armed with any sword, spear, bludgeon gun or other offensive weapon or with any explosive or corrosive substance in any street or public place unless so authorised by lawful authority, shall be liable to be dis-armed by any Police Officer, and the weapon or substance so seized shall be forfeited to the State Government, unless redeemed within two months by payment of such fine not exceding five hundred repees as the Commissioner or the District Magistrate in areas under their respective charges imposes.

124. Whoever has in his possession or conveys in any manner, or officers for sale or pawn, anything which there is reason to believe is stolen property or property fraudulently obtained, shall, if he fails to account for such pos session or to act to the satisfaction of the Magistrate on conviction, be punished with imprisoment for a term which may extend to three months or with fine ·which may extend to one hundred rupees or with both.

125. Whoever, - and sunrise. Car ring weapon without authority. Possession of property of which no satisfactory account can be given. /,\ k · d k · d . . Takingspirits 1z/ ta es or mtro uces, or attempts to ta e or mtro uce, any spmts or into public sprituous or fermented liquors or intoxicating drugs or preparations into any public hospital, or hospital without the permission of a medical officer such hospital, or into barracks or on boards of (b) not being amenable to the Articles of was takes or introduces, orattempts, to take or introduce, any such spirits liquors, drugs or preparations not belonging to any person above the rank of a non-commissioned officer- vessels of war. Omission by pawn-brokers etc., to report to Police possession or tender of property suspected to be stolen. Melting, etc. of such property. Taking pledge from child. Permission of disorderly conduct at places of public amusement, etc. (i) '[* * * * *] or into any military barracks, guard-rooms or encampments, or, (ii) on board or along side of any xessel of was belonging to Government shall, on conviction, be punished with imprisomnent for a term which may extend to two months, or with fince which may extend to one hundered rupees, or with both and such spirits, liquors, drugs or preparations and the vessels containing the same, shall be for feited to the State Government.

suspected to be stolen.

127, for the words "police station" the words "section or any police officer not below the rank of a sub-inspector authorised by the State Government in this behalf' shall be substituted ; (b) in section

128, for the words "Police station whether within or without the Presidency towns" the words and figures "section or any Police Officer authorised under section 127" shall be substituted.

129. Whoever, being the keep of any place of public amusement or entertainu1ent, knowingly permits drunkenness or other disorderly behaviour or any gaming whatsoever, in such place, shall on conviction, be punished with a fine which may extend to one hundered rupees. l. The words "into the barracks or buildings occupied by the troops composing the Garrison of Bombay" were deleted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960. XLVof 1860. 1951 : Born. XXIll 130. Whoever, by any fraud or unlawful device or malpractice in playing at or with cards, dice or other game, or in taking a part in the stakes or wagers, or in betting on the sides hands of the players, or in wagering on the event of any game, sports, past-time exercise, wins from any other person, for himself or any other or other any sum of money or valuable thing, shall be deemed guilty of cheating within the meaning of section 415 of the Indian Penal Code, and be liable to punishment accordingly. H-2057~(16) '[BOA. Whoever, assembles with others or joins any assembly in a street assembled for the purpose of or wagering shall, on conviction be punished with fine which may extend to fifty rupees or may be released after a due admonition]. 131. 2[ 3[Save as provided in section 131 A, whoever-] (a) contravenes any rules or order made under section 33 or any of the conditions of a licence issued under such rule or order, or (b) abets the commission of any offence under clause (a) shall, on conviction be punished]- (i) if the rule or order under which the said licence was issued was made under clause (d), (g), (h), (i) sub-clauses and (ii) of clause (r) or clause (u) of sub- section {I) of section 33, with imprisonment for a term which may extend to eight days or with fine which may extend to fifth rupees or with both; (ii) ifthe rule or order contravened was made under clause (x) of sub-section (1) of section 33, with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both; (iii) ifthe rule or order contravened or the rule or order under which the said licence was issued was made under clause (n) and (o) of sub-section (J) of section 33 with fine which may extend to two hundred rupees; (iv) if the rule or order contravened was made under clause ( b) of sub-section (1) of section 33 and prohibits the sale or exposure for sale of any goods on any street or portion thereof so as to cause obstruction to traffic or inconvenience to the public - (a) for the first offence, with imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees or with both, and (b) for a subsequent offence, with imprisonment for a term which may extend to six months and with fine which may extend to five hundred rupees; and ( v) if the rule or order contravened or the rule or order under which the said licence was issued was made under any other clause, with fine which may extend to fifty rupees.

l 30A.Gambling in street. 61

131, for contravention of a rule or order made under clause (b) or (c) of sub-section (1) of section 33, may state upon the summons to be served on the accused person that he may, by a specified, date prior to the hearing of the charge plead guilty to the charge by registered letter and remit to the Court such sum, not exceeding twenty-five rupees, as the Court may specify. ( 2) When an accused person pleads guilty and remits the sum specified, no further proceeding in respect of the offence shall be taken against him.]

131 A. Penalty for not obtaining licence or for not renewing licence within specified period 62 in respect of place of public entertainment or for not obtaining certificate of registration in respect of eating house.

(Vlll) SECTIONS. Gujarat Police Act. 1951

132. Whoever contravenes, disobeys, opposes, or fails to conform to an order under section 31 requiring him to vacate any premises, shall on conviction be punished with imprisomnent which may extend to three months or with fine which may extend to five hundred rupees or with both.

133. Whoever contravenes any rule made under section 35 shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to two hundred rupees or with both.

134. Whoever, contravence, disobeys, opposes or fails to conform to any order given by a police officer under section 36 shall, on convication, be punished with fine which may extend to two hundered rupees. Penalty for

135. Whoever disobeys an order lawfully made under section 37, 39 or 40 contravention of rule or or abets the disobedience thereof shall, on conviction, be punished - directions (i) if the order disobeyed or of which the disobedience was abetted was under sections d d b · (1) f · 37 d · 39 · 40 · h 37, 39 or 40 ma e un er su -sect10n o sect10n or un er sect10n , or sect10n , wit imprisonment for a term which may extand to one year but shall not except for reasons to be recorded in writing be less than four months and shall also be liable to fine, and; (ii) if the said order was made under sub-Section (2) of Section 37, with imprisomnent for a term which may extend to one month or with fine which may extend to one hundred rupees, and I. Section 13 IA was inserted by Born. 28 of 1954, s. l l. 2. These words were inserted by Guj. 5of1989, s.4 (!). 3. These words were insereted, ibid., s. 4 (2) (i). 4. These words were insered, ibid, s. 4 (2) (ii). 5. These words were inserted, ibid., s 4 (2) (iii). 6. These words were inserted, ibid., s. 4 (3). (iii) If the said order was made under sub-section (3) of section 37, with fine which may extend to one hundred rupees.

136. Whoever disobeys any direction lawfully made under section 38 or abets the disobedience thereof shall, on conviction, be punished with impresionment for a term which may extend to three montns or with fine which may extend to five hundred rupees or with both.

138.

Penalty for contravention of a regulation made under section 43.

140. Whoever opposes or fails to conform to any direction given by the police under section 68 or abets the opposition or failure to do so shall, on conviction, be punished with fine which may extend to fifty rupees.

( 1951 : Born.

Penalty for entering without permission area from which a person is directed to 63 remove himself or outstaying when permitted to return temporarily.

I 43A.Penalty for contravention of orders under section 63 A. 64 143B.Dangerous performances. 64

144. Any person who having been appointed a Special Police Officer under section 21 shall without sufficient cause neglect or refuse to serve as such or to obey Special Police any lawful order or direction that may be given to him for the performance of his Officer. . . . . . . duties, shall on conviction be punished with fine which may extend to fifty rupees. Pen~lty for

Consequence of failure to return to duty after leave. 65

146. Any police officer, who wilful! neglects or refuses to deliver up his certificate of appointment or of office or any other article, in accordance with the provision of sub-section (J) of section 30 shall, on conviction, be punished with imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both.

147. Any police officer who- ( a) without lawful authority or reasonable cause enters or searches, or causes to be entered or searched, any building, vessel, tent or place; (b) vexatiously and unnecessarily seizes the property of any person; ( c) vexatiously and unnecessarily detains, searches or arrests any person; ( d) offers any unnecessmy personal violence to any person in his custody; or (e) holds out any threat or promise not warranted by law, shall for every such offence, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees, or with both.

148. Any police officer who vexatiously and unnecessarily delays forwarding any person arrested to a Magistrate or to any other authority to whom he is legally to forward such person, shall on conviction, be punished with imprisonment for a term which may extend to six months or fine which may extend to five hundred rupees or with both. Consequence of failure to return to duty after leave. Penalty for failure to deliver up certificate of appoinment or officer or other article. Vexations entry, search, arrest, etc. by police officer. Penalty for vexations delay in forwarding a person arrested.

149A.Penalty for unauthorised use of police uniform. 65

150. Offences against this Act, when this accused person or any one of the when offender d · · ffi f bl is a police accuse persons is a police o 1cer above the rank o a consta e, shall not be officer above cognizable except by 1 [* * *] a Magistrate not lower than a second the rank of l M · constable. c ass ag1strate. Prosecution for certain offences against the Act to be it the discretion of the Police. Summary disposal of certain cases. Prosecution for offences under other enactments not affected. Disposal of fees) rewards, etc.

151 A. Summary disposal of certain cases. 66

1951 : Born.

Disposal of fees, rewards etc. Gujarat Police Act, 1951