Chapter VI EXECUTIVE POWERS AND DUTIES OF THE POLICE.

64. It shall be the duty of every Police officer- ( a) promptly to serve every summons and obey and execute every wanant or other order lawfully issued to him competent authority, and to endeavour by all lawful means to give effect to the lawful commands of his superior: (b) to the best of his ability to obtain intelligence concerning the com- mission of congnizable offences or designs commit such offences, and to lay such information and to take such other steps, consistant with law and with the orders of his superiors as shall be best calculated to bring offenders to justice or to prevent the commission of cognizable and within his view of non-cognizable offences; (c) to prevent to the best of his ability the commission of public nuisances; I. This clause was substituted for the original clause (a) by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 2. Sub-section (12) was inserted by Born. of 1959, s. 23. H-2057-(12) Duties of a Police officer. Power to enter places of public resort. Power to search suspected persons in a street. Duties of Police officers towards the public. Police to regulate traffic, etc. in streets. (d) to apprehend without umeasonable delay all persons whom he is legally authorised to apprehend and for whose apprehension there is sufficient reason; (e) to aid another Police officer when called on by him or in case of need in the discharge of his duty, in such ways as would be lawful and reasonable on the part of the officer aided; (/) to discharge such duties as are imposed upon him by any law for the time being in force.

Power to search suspected persons in a street.

66. It shall be the duty of every Police Officer- ( a) to afford every assistance within his power to disabled or helpless persons in the streets, and to take charge of intoxicated persons and of lunatics at large who appear dangerous or incapable of taking care of themselves; (b) to take prompt measures to procure necessary help for any person under arrest or in custody, who is wounded or sick and whilst guarding or conducting any such person, to have due regard to his condition; (c) to arrange for the proper sustenance and shelter of every person who is under arrest or in custody; ( d) in conducting searches, to refrain from needless rudeness and the causing of unnecessary annoyance; (e) in dealing with women and children to act with strict regard to decency and with reasonable gentleness; (/) to use his best endeavours to prevent any loss or damage by fire; (g) to use his best endeavours to avert any accident or danger to the public.

67. It shall be the duty of a Police Officer- ( a) to regulate and control the traffic in the streets, to prevent obstructions therein and to the best of his ability to prevent the infraction of any rule or order made under this Act or any other law in force for observance by the public in or near the streets; (b) to keep order in the streets and at and within public bathing, washing and landing places fairs, temples, and all other places of public resort and in the neighbourhood of places of public worship during the time of public worship; (c) to regulate resort to public bathing, washing and landing places, to prevent overcrowdig thereat and in public ferry-boats and to the best of his ability, to prevent the infraction of any rule or order lawfully made for observance by the public any such place or on any such boat. Vof 1898. 68. All persons shall be bounded to conform to the reasonable directions a Police officer given in fulfilment of any of his duties under this Act.

68, of that Act" and ending with the figures "1938" was deleted by Born. 22of1960, s. 98. 3. These words and figures were substituted for the words "aforesaid prohibition Acts", ibid. 4. These words shall stand munodified, vide the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 5. The word "Specially" was deleted by Guj. 16of1978, s. 12. 6. These words were inserted by Born. I of 1956, s. 5 (I). 7. These words were inserted by Born. I of 1956, s.5 (2). of1887 Hyd. II of 1305 F. III of 1867. 1951 : Born. XXIIJ XLVof 1860, Explanation.-F or the purpose of this section "an offence similar to that for which a person was convicted" shall mean- (i) in the case of a person convicted of an offence mentioned in clanses (a) an offence falling under any of the Chapters of the Indian Penal Code mentioned in that clause, and (ii) in the case of a person convicted of an offence mentioned in clasues (b) and (c), an offence falling under the provisions of the Acts mentioned respectively in the said clauses.

69. A police officer may restrain or remove any person resisting or refusing or omitting to conform to any direction referred to in section 68 and may either take such person before a Magistrate or, in trivial cases, may release him when the occasion is past.

70. Whenever a notification has been dnly issued under section 3 7 or an order has been under section 3 8 or 3 9, it shall be lawful for any Magistrate in a District or Police officer to require any person acting or about to act contrary thereto to desist or to abstain from so doing, and, in case of refusal or disobedience, to arrest the person offending. Such Magistrate or Police officer of such notification or order as aforesaid, and the thing seized shall be disposed of according to the order of any District Magistrate having jurisdiction at the place.

carried out.

72. Any Police officer may, without any order from a Magistrate and without When Police Xlof 1890. Hyd. I of 1313. a warrant, arrest- (J) any person who has been concerned in an offence punishable under section 121 or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists, of his having been concerned in such offence; (2) any person who contravences a rule or order under clause (x) of sub- section (I) of section 33 or an order or an order or notification under section 36, 3 7, 56 2[57 or 63AA ]; 3[(2A) any person who contravences any order made under sub-section (I) of section 63 A;] (3) any person who commits an offence punishable under section 122 or section 136.

(V)

Extension of section 6B of Act XI of 1890 as in force in Pre-Reorganisation State to 48 rest of the State for the purposes of sections 74 to 77.

74. When in respect of an animal an offence under section 3 or section 5 or 4[* *] section 6 of the Prevention of Cruelty to Animals Act, 1890, 5[or under section 3 or 5 or 6 of that Act as inforce in the Saurashtra area of the '[State of Gujarat] 6( * * * *] ] has been committed, or, when there is a reasonable ground for suspecting that such offence has been committed, a Police officer may- ( a) take the animal to a Magistrate, or (b) ifthe accused person so require, take the animal to a veterinary officer, if any, empowered by the State Government in this behalf, or (c) take the animal to an infirmary appointed under 8[sub-section (1) of section 6B] of the said Act for treatment and detention therein, pending direction of a Magistrate under 9[ sub-sections (2) and (3) of the said section,] or (d) when the animal is in such a physical condition that it cannot be taken to a veterinary office or a Magistrate, draw up a report of the condition of the animal in the presence of two or more respectable persons describing such wounds, sores, fractures, bruises or other marks of injury as may be found on the body of the animal: Provided that in cases falling under clause (b) or (d) the Police officer may direct that the animal shall be sent for detention in a dispensary or any suitable place approved by the State Government by general or special order and be there detained until its production before a Magistrate: Provided further that an animal so detained shall be produced before a Magistrate with the least possible delay and within a period not exceeding three days from the date on which it was sent for detention and shall be handed I. This section was inserted by Born. 34 of! 959 s. 25. 2. These words were substituted for the words "Pre-Reorganisation State Bombay excluding the transferred territories" by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 3. These words were substituted for the words "State of Bombay", ibid. 4. The words. brackets and figures "sub-section (I) of' were deleted by Born. 21 of 1954, s. 3, Second Schedule. 5. This portion was substituted for the words and figures "hereinafter in this section and in sections 75 and 77 referred to as the said Act" by Born. 34of1959, s. 26 (!). 6. The words and figures "or under section 3 or 4 or 5 of the Prevention of Cruelty to Animals Act" were deleted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 7. These words were added by Born. 34 of 1959, s. 26 (2). 8. These words, brackets and figures were substituted for "sub-section (2) of section 6" by Born. 21of1954, s. 3, Second Schedule. 9. These words, brackets and figures were substituted for "sub-section (3)", ibid. See also Act 59 of 1960. XI of 1890. XI of 1890. Hyd. of 1313. 1951: Born. XXII] Gujarat Police Act. 1951 over to its owner unless the Magistrate passes an order for its further detention in an infirmary.

75. When an animals is brought before a Magistrate under section 74, the Magistrate may direct the animal be returned to the person from whose possession it was taken, on such person giving security to the satisfaction of the Magistrate, binding himself to produce the animal when required, or may direct that the animal shall be sent for treatment and care to an infirmary and be tehre detained as provided in 1[sub-section (2) and (3) of section 6B] of the said Act or may make such order as he thinks fit regarding the disposal or custody and production of the animal.

76. The veterinary officer before whom an animal is brought under section 74 shall with all convenient speed examine the same and draw up a report of such examination. A copy of the report shall be delivered free of charge to the accused person if he applies for it. 77. When under section 74 Police officer directs that an animal shall be sent for detention in a dispensary any suitable place before its production before a Magistrate or under section 7 4 a Magistrate directs that an animal shall be sent for treatment and care to an infirmary and be detained therein, the provisions of sub-sections '[(5), (6) and (7) of section 6B) of the said Act shall, so far as may be, apply.

77. Powers with regard to offences under Act Xlofl890 'I and coresponding laws].

78. When a Police officer in good faith suspects that any animal being employed in any work or labour is by reason any sore, unfit to be so employed, he may require the person in charge of such animal to unsaddle or unload if for the purpose of ascertaining whether any sore exists, and, if any person refuses to do so, may himself unsaddle or unload the animal or may cause the same to be unsaddled or unloaded.

presence.

80. (1) Any Police officer specially empowered in this behalf by a H-2057~(13) competent authority may arrest without warrant for an offence specified in section

81. A Police officer may arrest without warrant any person committing in his presence in any street or public place any non-cognizable offence punishable under this Act, or under any rule thereunder and for which no express provision has been made elsewere or under any other law for the time being in force, if such person- (i) after being warned by a Police officer persists in committing such offence, or (ii) refuses to accompany the Police officer to a Police Station on being required so to do.

82. (1) The Police shall take temporary charge- (a) of all unclaimed property found by, or made over to them, and also (b) of all property found lying in any public street, if the owner or person in charge of such property on being directed to remove the same, refuses or omits to do so. (2) '[In any area for which a Commissioner has been appointed] the property of which the Police have taken charge under sub-section {I) shall be handed over to the Commissioner.

83. (1) '[In any area under the charge of a Commissioner] if any property of the nature referred to in section 82 appears to have been left by a person who has died intestate and not to be under four hundred rupees in value, the Commissioner shall communicate with the Administrator with a view to it being dealt with under the provisions of the Administrator General's Act, 1913, or other law for tbe time being in force. (2) 3[In area outside the charge of a Commissioner] the property shall be delivered to the police pate!, if any of there town or village in which the same was found, and a receipt therefor taken from the police-pate!, who shall forward such property to the Magistrate to whom such police pate! is subordinate. If in any such case there be no police-pate! of such or area village, Police shall forth with report to such Magistrate as the Magestrate of the district shall, from time to time, appoint in this behalf, and act thereafter as the said first mentioned Magistrate shall direct

84. If the property regarding which a report is made to a Magistrate under section 83 or under section 19 of the Bombay Village Police Act, 1867, '[or of that Act as in force in the Kutch area of the '[State of Gujarat]] or under section 21 of the Saurashtra Village Police Ordinace 1949 appears to such Magistate to have been left by a person who has died, interstate and without known heirs and to be likely if sold in public auction to realise more than four hundred rupees net proceeds, he shall communicate with the District Judge with a view to its being dealt with under the provisions of section 10 of Bombay Regulation VIII of 1827 (a Regulation to provide for the formal recognices of heirs etc.) or other law in force. I. These words ware substituted for the words "In Greater Bombay" by Born. 56 of 1959, s. 3. 2. These words were substituted for the words "In Greater Bombay", ibid., Schedule. 3. These words were substituted the words "In areas outside Greater Bombay", ibid. 4. These words and figures were inserted by Born. 34 of 1950, s. 27. 5. These words were submited for the words "State of Gujarat" by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960. II ofl913, Born. VJII of 1857. Sau Ord. XXXII of 1949.

Power to sell perishable property at once.

Power to take security. H-2057-(ii)

(VI) SECTIONS Gujarat Police Act, 1951 [ 1951 : Born. XXII PAGE No. 87, In default of claim, property to be at disposal of State Government. 51

Regulation VIII of 1827 or corresponding law.

89. 3(In any area outside the charge of a Commissioner], a Police officer may 1 of 18?1. take charge of any animal falling under the provisions of the Cattle Trespass Act, 1871, 4[* * * *] which may be found straying in a street and may take or send the sum to the nearest pound, and the owner and other persons concerned shall thereon become subject to the provision of 5[that Act].

90. (I) '[In any area under the charge of a Commissioner] the Commissioner'[* * *]shall, from time to time appoint such places as he thinks fit to be public pounds, and may appoint to be keepers of such pounds police officers of such rank as may be approved by the State Government. (2) Every pound-keeper so appointed shall, in the perfom1ance of his duties, be subject to the direction and control of the Commissioner, 8[* * * *]

property.

91, It shall be the duty of every police officer, and it shall be lawful for any other person, to seize and take any such public pound for confinement therein any cattle fount straying in any street or trespassing upon any private or public property in 1[any area under the charge of a Commissioner]2[* * * *).

92. If the owner of the cattle impounded under section 91 or his agent appears and claims the cattle, the pound-keeper shall deliver them to him on payment of the pound-fees and expenses chargeable in respect of such cattle under section 94.

93. (I) If within ten days after an animal has been impounded no person appearing to be the owner of such animal offers to pay pound-fee and expenses chargeable under section

94, such animal shall be forth with sold by auction, and the surplus remaining after deduction the fee and expenses aforesaid from the proceeds of the sale shall be paid to any person who, within fifteen days after the sale, provision the satisfaction of such officer as the Commissioner authorises in this behalf 3[* * *) that he was the owner of such animal, and shall in any other case, form part of the consolidated fund of the State. (2) No police officer or pound-keeper shall directly or indirectly, purchase any cattle at a sale under sub-section (1 ). H-2057~(14) 94. (1) The pound-fee chargeable shall be such as the State Government may, from time to time by notification in the Official Gazatte, specify for each kind of animal 4[* * *]. (2) The expenses chargeable shall be as such rates for each day during any part of which an animal is impounded as shall, from time to time be fixed by the Commissioner 5[ * * *)in respect of such animal. I. These words were substituted for the words "Greater Bombay" by Born. 56 of 1959, s. o, Schedule. 2. The words "or in such areas as aforesaid" were deleted by Born. 20 of 1953, s. 11. 3. The words and Figures "or any other officer appointed under section 90" were deleted, ibid., s. 12. 4. The words "for the whole State or for such area as may be specified in the notification" were deleted, ibid., s. 13 {I). 5. The words "or officer appointed as aforesaid" were deleted, ibid., s. 13 (2). Impounding of cuttle. Delivery of cattle claimed. Sale of cattle not claimed. Rate to be fixed by notification. Powers as to inspection search and seizure of false ,.,,eights and measures. Procedure to be followed by officers and ~lagistrates in certain cases.

95. (1) Notwithstanding anything contained in section 153 of the Code of V of 1898, Criminal Procedure, 1898, any Police officer generally or specially deputed, in 1 [any area uuder the charge of a Commissioner], by the Commissioner and elsewhere, by the District Superintendent or any other officer specially empowered in that behalf by the State Government, may without warrant enter any shop or premises for the purpose of inspecting or searching for any weights or measures or instruments for weighing or measuring used or kept therein. (2) If he finds in such shop or premises waights, measures or instruments for weighing or measuring which he has reason to belive are false, he may seize the same and shall forthwith give information of such seizure to the Magistrate having jurisdiction, and if such weights measures or instruments shall be found by the Magistrate to be false, they shall be destroyed. ( 3) Weights and measures purporting to be of the same denomination as weights and measures, the standards whereof are kept under any law from time to time in force shall, if they do not correspond with the said standards, be deemed to be false within the meaning of this section.

96. (1) Notwithstanding anything contained in sections 129,

97. A Police officer of rank superior to that of constable may perform any duty assigned by law or by lawful order to any officer subordinate to bim; and in case of any duty Imposed on such subordinate, a superior where it shall apper to him necessary, may aid, supplement, supersede or prevent any action of such subordintate by his own action or that of any person lawfully action under his command or authority, whenever the same shall appear necessary or expedient for giving more complete or convenient effect to the law or for avoiding an infringement thereof.

98. (J) The State Government may, by notification in the Official Gazette, declare any specified service to be an essential service to the community : Provided that such notification shall remain in force for one month in the first instance, but may be extended, from time to time, by a like notification. (2) Upon a declaration being made under sub-section (1) and so long as it remains in force, it shall be the duty of every police officer to obey an order given by any superior officer in relation to employment upon or in connection with the service specified in the declaration; and every such order shall be deemed to be a lawful order within the meaning and for the purpose of this Act. CHAPTER VII OFFENCES AND PUNISHMENTS.