The Jammu and Kashmir Police Act, 1927

Short title.-This Act may be called the Police Act, 1983.

Commencement.-This Act shall come into force on and from the date of its third publication in the Jammu and Kashmir Government Gazette.

Repeal.-The Police Act No. 1 of 1905 is hereby repealed.

Interpretation clause.-The following words and expressions in this Act shall have the meaning assigned to them, unless there be something in the subject or context repugnant to such construction, that is to say-

the words "District Magistrate" shall mean the chief officer charged with the executive administration of a district and exercising the powers of an Executive Magistrate, by whatever designation the chief officer charged with such executive administration is styled;

the word "Magistrate" shall include all persons within the general police district, exercising all or any of the powers of a Magistrate;

the word "police" shall include all persons who shall be enrolled under this Act;

the words "general police district" shall embrace the local area within the State, in which this Act shall be ordered to take effect;

the words "Superintendent" and "Superintendent of Police" shall include any Assistant Superintendent or other person appointed by general or special order of the Government to perform all or any of the duties of a Superintendent of Police under this Act in any district or part of a district;

the word "property" shall include any movable property, money or valuable security;

words importing the singular number shall include the plural number and words importing the plural number shall include the singular number;

words importing the masculine gender shall include females;

the word "person" shall include a company or corporation;

the word "month" shall mean a Hindi calendar month;

the word "cattle" shall, besides horned cattle, include elephants, camels, horses, asses, mules, sheep, goats and swine.

Constitution of the force.-The entire police establishment under the general police district, shall, for the purposes of this Act, be and deemed to be one police force, and shall be formally enrolled; and shall consist of such number of officers and men, and shall be constituted in such manner, and the members of such force shall receive such pay, as shall from time to time be ordered by the Government.

Superintendence in the Government.-No Court or officer shall have authority to appoint, supersede, or control any police functionary except as authorised by this Act:

Inspector General of Police, etc Inspector General of Police, etc.-(1) The administration of the police throughout the general police district shall be vested in an officer to be styled the Inspector General of Police and in such Deputy Inspectors General and Assistant Inspectors General as the Government may specify in this behalf.

1. (2) The administration of the police throughout the local jurisdiction of the Magistrate shall, under the general direction of such Magistrate, be vested in a Superintendent and such Deputy Superintendents as the Government shall from time to time be appointed by the same authority.

Appointment, etc. of inferior officers.-

Certificates to Police officers.-A Police officer shall not by reason of suspension from office cease to be a Police officer. During the term of such suspension the functions and privileges vested in him shall be in abeyance, but he shall continue subject to the same responsibilities, discipline and penalties and to the same authorities, as if he had not been suspended.

Police officer not to resign without leave or two month's notice.-No Police officer shall be at liberty to resign his office, unless expressly allowed to do so by the Inspector General; or to withdraw himself from the duties thereof, unless he shall have given to his superior officer notice in writing, for a period of not less than two months, of his intention to resign.

Police officers not to engage in other employment.-Police officers shall not engage in any employment or office of whatever nature other than his duties under this Act, unless expressly permitted to do so in writing by the Inspector General.

Power of Inspector General to make rules.-The Inspector General of Police may, from time to time, subject to the approval of the Government, frame such orders and rules as he shall deem expedient relative to the organization, classification and distribution of the police force, the places at which the members of the force shall reside, and the particular services to be performed by them; their inspection; the description of arms, accoutrements and other necessaries to be furnished to them; and all such other orders and rules relative to the police force as the Inspector General shall, from time to time, deem expedient for preventing neglect or abuse, and for rendering such force efficient in the discharge of its duties.

Additional Police officers employed at cost of individuals.-It shall be lawful for the Inspector General of Police or for the Superintendent of Police, or the District Magistrate, on the application of any person showing the necessity thereof, to depute any additional number of Police officers to keep the peace at any place within the general police district, and for such time as shall be deemed proper.

Appointment of additional force in the neighbourhood of railway and other works Appointment of additional force in the neighbourhood of railway and other works.-(1) Whenever any railway, canal or other public work, or any manufactory or commercial concern shall be carried on, it is expedient to increase the number of police.

1. (2) It shall thereupon be lawful for the Inspector General of Police, or other officer authorised by the Government in this behalf, to employ any Police force in addition to the ordinary fixed complement to be quartered in the area specified in such proclamation as aforesaid.
2. (3) Subject to the provisions of sub-section
3. (5) of this section, the cost of such additional police force shall be borne by the inhabitants of such area described in the proclamation.
4. (4) The District Magistrate, after such enquiry as he may deem necessary, shall apportion such cost among the inhabitants who are, as aforesaid, liable to bear the same and who shall not have been exempted under the next succeeding sub-section. Such apportionment shall be made according to the Magistrate's judgment of the respective means within such area of such inhabitants.
5. (5) It shall be lawful for the Government by order to exempt any persons or class or section of such inhabitants from liability to bear any portion of such cost.
6. (6) Every proclamation issued under sub-section
7. (1) of this section shall state the period for which it is to remain in force, but it may be withdrawn at any time or continued from time to time for such further period or periods as the Government may in each case think fit.

Awarding compensation to conduct of inhabitants or persons interested in land.--(1) If, in any area in regard to which any proclamation notified under the last preceding section is in force, death or grievous hurt: or loss of, or damage to, property has been caused or has ensued from the misconduct of the inhabitants of such area or any class or section of them, it shall be lawful for any person who claims to have suffered injury from such misconduct to make, within one month from the date of the injury, application to the District Magistrate or to the Sub-Divisional Magistrate within whose jurisdiction such area is situated.

1. (2) It shall thereupon be lawful for the District Magistrate, with the sanction of '[the Government] after such enquiry as he may deem necessary, and whether or not any additional police force has been actually quartered in such area under the last preceding section--
   • (a) declare the persons to whom injury has been caused by or has ensued from such misconduct;
   • (b) fix the amount of compensation to be paid to such person and the manner in which it is to be distributed among them; and
   • (c) assess the proportion in which the same shall be paid by the inhabitants of such area other than the applicant who shall not have been exempted from liability to pay under sub-section : and that the persons who suffered the injury was himself free from blame in respect of the occurrences which led, to such injury.
2. (3) It shall be lawful for '[the Government], by order, to exempt any person or class or section of such inhabitants from liability to pay any portion of such compensation.
3. (4) Every declaration or assessment made or order passed by the District Magistrate under sub-section
4. (2) shall be subject to revision by '[the Government] but save as aforesaid shall be final.
5. (5) No civil suit shall be maintainable in respect of any injury for which compensation has been awarded under this section. Explanation.--In this section the word "inhabitants" shall have the same meaning as in the last preceding section.

Recovery of moneys payable under sections 13, 14, 15 and 16 and disposal of same when recovered--(1) All moneys payable under sections 13, 14, 15 and 16 shall be recoverable by the District Magistrate in the manner provided by section 386 and 387 of the Code of Criminal Procedure, for the recovery of fines, or by suit in any competent Court.

1. (2) All moneys paid or recovered under sections 13, 14 and 15 shall be credited to a fund to be called "The General Police Fund" and shall be applied to the maintenance of the Police force under such orders as '[the Government] shall pass.
2. (3) All moneys paid or recovered under section 16 shall be paid by the District Magistrate to the persons to whom and in the proportions in which the same are payable under that section.

Special Police officers.--When it shall appear that any unlawful assembly, or riot or disturbance of the peace has taken place, or may be reasonably apprehended, and that the Police force ordinarily employed for preserving the peace is not sufficient for its preservation and for the protection of the inhabitants and the security of property in the place where such unlawful assembly or riot or disturbance of the peace has occurred, or is apprehended, it shall be lawful for any Police officer not below the rank of Inspector to apply to the nearest Magistrate to appoint so many of the residents of the neighbourhood as such Police officer may require to act as Special Police officers for such time and within such limits as he shall deem necessary; and the Magistrate to whom such application is made shall unless he see cause to the contrary comply with the application.

Powers of Special Police Officers.--Special Police Officer so appointed shall have the same powers, privileges and protection, and shall be liable to perform the same duties and shall be amenable to the same penalties, and be subordinate to the same authorities as the ordinary officers of Police.

Refusal to serve as Special Police Officers.--If any person being appointed a Special Police officer as aforesaid shall, without sufficient excuse, neglect or refuse to serve as such, or to obey such lawful order or direction as may be given to him for the performance of his duties, he shall be liable, upon conviction before a '[Judicial Magistrate] to a fine not exceeding fifty rupees for every such neglect, refusal or disobedience.

Authority to be exercised by Police officers.--[No police officer] enrolled under this Act shall not by reason of any act done in the discharge of his duty be liable to any penalty or to payment of damages otherwise than as provided in this Act or the law for the time being in force, for the punishment of such offence.

Village Police Officers.--Nothing in Act shall affect any hereditary or other Village Police officer, unless such officer shall be enrolled as a Police officer under this Act.

Police officers always on duty and may be employed in any part of district Police officers always on duty and may be employed in any part of district.--Every Police officer shall, for all purposes in this Act, be considered to be always on duty, and may at any time be employed as a Police officer in any part of the district.

Duties of Police Officers.--It shall be the duty of every Police officer promptly to obey and execute all orders and warrants lawfully issued to him by any competent authority, to collect and communicate intelligence affecting the public peace; to prevent the commission of offences and public nuisances; to detect and bring offenders to justice and to apprehend all persons whom he is legally authorised to apprehend and for whose apprehension sufficient ground exists; 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 and disorderly characters.

Police officers to take charge of unclaimed property and be subject to Magistrate's orders as to disposal.--(1) It shall be the duty of every Police officer to take charge of all unclaimed or ownerless property, and to prepare and furnish an inventory thereof to the District Magistrate or the Sub-Divisional Magistrate or '[other Executive Magistrate] of the 1st class having jurisdiction, empowered by '[the Government] in this behalf.

1. (2) Such inventory shall, if practicable, be prepared when the Police officer takes charge of such property in the presence of two respectable persons of the locality.

Magistrate may detain property and issue proclamation.--(1) Such Magistrate may detain the property and issue a proclamation, specifying the articles of which it consists, and requiring any person who has any claim thereto to appear and establish his right to the same within six months from the date of such proclamation.

1. (2) The provisions of section 525 of the Code of Criminal Procedure, 1989, shall be applicable to property referred to in this section.
2. (3) If within the period limited in such proclamation any claim is preferred to such property or proceeds thereof such Magistrate may make such order as he thinks fit respecting the disposal of such property or proceeds or the delivery of such property or proceeds to the person entitled to the possession thereof.

Confiscation of property if no claimant appears.--If no person shall, within the period allowed, claim such property, or the proceeds thereof, if sold, it may, if not already sold under sub-section

1. (2) of the preceding section, be sold under the orders of such Magistrate.
2. (2) The sale proceeds of property sold under the preceding sub-section and the proceeds of property sold under section 27 to which no claim has been established shall be kept in deposit in the State Treasury for a period of two years. If within the above-mentioned period of two years, a suit is brought claiming such property or the sale proceeds thereof, the order of the civil Court competent to entertain and determine such suit regarding the disposal of such property or proceeds thereof shall be complied with.

Persons refusing to deliver up certificate etc. on ceasing to be Police officers Persons refusing to deliver up certificate etc., on ceasing to be Police officers.--Every person having ceased to be an enrolled Police officer under this Act, who shall not forthwith deliver up his certificate, and the clothing, accoutrements, appointments and other necessaries which shall have been supplied to him for the execution of his duty, shall be liable, on conviction before a Judicial Magistrate, to a penalty not exceeding two hundred rupees, or to imprisonment for a period not exceeding two months, or to both.

Penalties for neglect of duty, etc.--Any Police officer who shall be guilty of any violation of duty or wilful breach or neglect of any rule or regulation or lawful order made by competent authority, or who shall withdraw from the duties of his office without permission or without having given previous notice for the period of two months, or who, being absent on leave, shall fail, without reasonable cause, to report himself for duty on the expiration of such leave, or who shall engage in any employment other than his police duties in contravention of any provision of this Act, or who shall offer any unwarrantable personal violence to any person in his custody, shall be liable, on conviction before a Judicial Magistrate, to a penalty not exceeding three months' pay, or to imprisonment for a period not exceeding three months, or to both.

Regulation of public assemblies and processions, and licensing of same.--(1) The Superintendent of Police may, as occasion requires, direct the conduct of all assemblies and processions on the public roads, or in the public streets or thoroughfares, and prescribe the routes by which, and the times at which, such processions may pass.

1. (2) He may also, on being satisfied that it is intended by any person or class of person to convene or collect an assembly in any such road, street or thoroughfare, or to form a procession which would, in the judgment of the District Magistrate or of the Superintendent of Police, if uncontrolled, be likely to cause a breach of the peace, require that the persons convening or directing such assembly or proceeding with such procession shall apply for a licence.
2. (3) On such application being made, a licence specifying the names of the licensees and defining the conditions on which alone such assembly or such procession is to be permitted, shall be issued, and otherwise giving effect to this section; no fee shall be charged on the application for, or grant of, any such licence.
3. (4) Music in the streets.--He may also regulate the extent to which music may be used in the streets on the occasion of festivals and ceremonies.

Powers with regard to assemblies and processions violating conditions of licence.--(1) Any Executive Magistrate or Assistant Superintendent of Police or Deputy Superintendent of Police or Superintendent of Police or Inspector of Police or any Police officer in charge of a station may stop any procession which violates the conditions of a licence granted under the last foregoing section, and may order it, or any assembly which violates any such conditions as aforesaid to disperse.

1. (2) Any procession or assembly which neglects or refuses to obey any order given under the last preceding sub-section shall be deemed to be an unlawful assembly.

Police to keep order in public roads, etc.--It shall be the duty of the police to keep order on the public roads, and in the public streets, thoroughfares, ghats and landing places, and at all other places of public resort, and to prevent obstructions on the occasions of assembly and procession on the public roads, in the public streets or in the neighbourhood of places of worship, during the time of public worship, and in any case when any road, street, thoroughfare, ghat or landing place may be thronged or may be liable to be obstructed.

Penalty for disobeying orders issued under last three sections, etc.--Every person opposing or not obeying the orders issued under the last three preceding sections, or violating the conditions of any licence granted by the Superintendent or Assistant Superintendent of Police for the use of music, or for the conduct of assemblies and processions, shall be liable, on conviction before a Judicial Magistrate, to a fine not exceeding two hundred rupees.

Saving of control of District Magistrate.--Nothing in sections 31, 32 and 33 shall be deemed to interfere with the general control of the District Magistrate over the matters referred to therein.

Punishment for certain offences on roads, etc. Power of Police officers.--Any person who, on any road or in any open place or street or thoroughfare within the limits of any town to which this section shall be specially extended by the Government, commits any of the following offences, to the obstruction, inconvenience, annoyance, risk, danger or damage of the residents or passengers shall, on conviction before a Judicial Magistrate, be liable to a fine not exceeding two hundred Rupees, or to imprisonment not exceeding 8 days; and it shall be lawful for any Police officer to take into custody, without a warrant, any person who within his view commits any of such offences, namely:--

First.--Slaughtering cattle, furious riding, etc.--Any person who slaughters any cattle or cleans any carcass; any person who rides or drives any cattle or trains or breaks any beast or other cattle:

Second.--Cruelty to animals.--Any person who cruelly beats, abuses or tortures any animal:

Third.--Obstructing public conveyance or any carriage for loading or unloading or for taking up or setting down passengers, or who waits with any carriage or conveyance in such a manner as to cause inconvenience or danger to the public:

Fourth.--Exposing goods for sale:

Fifth.--Throwing dirt into any street, filth, rubbish or any cowshed, stable or the like from any house, factory, etc:

Sixth.--Being found drunk or riotous.--Any person who is found drunk or riotous or who is incapable of taking care of himself:

Seventh.--Indecent exposure of person who wilfully and indecently exposes his person, or deformity or disease, or commits nuisance by easing himself or bathing or washing in any tank or reservoir not being a place set apart for that purpose:

Eighth.--Neglect to protect dangerous places.--Any person who neglects to fence in or duly to protect any well, tank or other dangerous place or structure.

37.

Power to prosecute under other law not affected Power to prosecute under other law not affected.--Nothing contained in this Act shall be construed to prevent any person from being prosecuted under any other Act or law for any offence made punishable by this Act, or from being liable under any other Act or law or any other or higher penalty or punishment than is provided for such offence by this Act:

Rewards to police and informers Rewarcs to police and informers. All rewards payable by law to informers shall, when the information is laid by a Police officer, be paid to the credit of the State under the Head; but rewards payable by law for arrests shall, when the arrest is made by a police officer, be paid to such officer.

Plea that act was done under warrant.—When any action of prosecution shall be brought or any proceedings held against any Police officer for any act done by him in such capacity, it shall be lawful for him to plead that such act was done by him under the authority of warrant issued by a Magistrate. Such plea shall be proved by the production of a warrant directing the Act, and purporting to be signed by such Magistrate and the defendant shall thereupon be entitled to a decree in his favour, notwithstanding any defect of jurisdiction in such Magistrate. Not proof of the signature of such Magistrate shall be necessary, unless the Court shall see reason to doubt its being genuine:

Police officers to keep diary Police officers to keep diary.—It shall be the duty of every officer-in-charge of a police-station to keep a general diary in such form as shall, from time to time, be prescribed by the Government and to record therein all complaints and charges preferred, the names of all persons arrested, the names of the complainants, the offences charged against them, the weapons or property that shall have been taken from their possession or otherwise, and the names of the witnesses who shall have been examined.

The Government may prescribe form of returns The Government may prescribe form of returns.—[The Government] may direct the submission of such returns by the Inspector General and other Police officers as may be deemed advisable and may prescribe the Form in which such returns shall be made.

Scope of the Act.—This Act shall not by its own operation take effect in any province or place. But [the Government] by an order to be published in the Jammu and Kashmir Government Gazette may extend the whole or any part of this Act to any Province or place, and the whole or such portion of this Act as shall be specified in such order shall hereupon take effect in such province or place.

1. (2) When the whole or any part of this Act shall have been SO extended, [the Government] may, from time to time, by notification in the Jammu and Kashmir Government Gazette, make rules consistent with this Act;
   • (a) to regulate the procedure to be followed by Magistrates and police officers in the discharge of any duty imposed upon them by or under this Act;
   • (b) to prescribe the time, manner and conditions within and under which claims for compensation under section 16 are to be made, the particulars to be stated in such claims, the manner in which the same are to be verified, and the proceedings (including local enquiries if necessary) which are to be taken consequent thereon; and
   • (c) generally, for giving effect to the provisions of this Act.
2. (3) All rules made under this Act may from time to time be amended, added to or cancelled by [the Government].

Authority of Superintendent of Police to Village Police.—It shall be lawful for the [the Government] in case this Act into effect in any part of the State to declare that any authority which now is or may be exercised by the District Magistrate by village watchman or other Village Police officer for the purposes of police, shall be exercised, subject to the general control of the Magistrate, by the Superintendent of Police.