Chapter VIII OFFENCES AND PUNISHMENTS

92. Punishment of certain street offences and nuisance. (1) In any local area to which the Government by notification in the official Gazette from time to time extends this sub-section or any clause thereof, whoever, contrary thereto,— (a) without lawful excuse drives along, or keeps standing in, any street a vehicle of any description or drags or pushes in any street, a vehicle of any description other than a bicycle at any time between half an hour after sunset and one hour before sunrise without a sufficient light or lights; (b) without reasonable cause, drives, drags, or pushes any vehicle otherwise than on the near or left side of the road or passes any vehicle except on the right side of it and at any speed higher than what may be prescribed by notification by Government; (c) leaves in any street insufficiently tended or secured any animal or vehicle; (d) causes obstruction, injury, danger or alarm in any street, or mischief, by any misbehavior, negligence or ill-usage in the driving, management or care of any animal or vehicle, or drives any vehicle or animal laden with timber, poles or other unwieldy articles through a street, contrary to any regulation made in that behalf and published by a competent authority; (e) exposes for hire or sale any animal or vehicle, cleans any furniture or vehicle, or cleans, grooms, trains or breaks in any horse or other animal or makes or repairs any vehicle or any part of a vehicle in any street (unless when in the case of an accident repairing on the spot is necessary) or carries on therein any manufacture or operation so as to be a serious impediment to traffic or a serious annoyance to residents or to the public; (f) (i) causes obstruction in any street by allowing any animal or vehicle which has to be loaded or unloaded or has 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 by fastening any cattle therein, or using any part of a street as a halting place for vehicles or cattle, or by leaving any box, bale, package or other thing whatsoever in or upon a street for an unreasonable length of time; (ii) or causes obstruction by exposing anything for sale or setting out anything for sale or upon any stall, booth, board, cask, basket or in any other way whatsoever contrary to any regulation made and published by the Commissioner, or a District Magistrate; (g) causes obstruction on any foot-way, or drives, rides or leaves any animal or drives, drags or pushes any vehicle thereupon;

93. Punishment for cruelty to animals. Whoever cruelly beats, goads, overworks, ill-treats, or tortures or causes or procures to be cruelly beaten, goaded, overworked, 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 Rs. 100, or with both.

94. Punishment for wilful trespass. (1) Whoever without satisfactory excuse willfully 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 or appropriated to public purposes, or on any vehicle or vessel, shall, on conviction, whether he causes any actual damage or not, be punished with fine which may extend to Rs. 20. (2) Any Police Officer may, on the information of any person in possession or in charge of any dwelling house, premises, or land or ground attached thereto, or of any ground, building, monument or structure belonging to Government, arrest without a warrant any person alleged to have committed therein or thereon any offence punishable under sub-section (1) of this section.

Whoever knowingly gives or causes to be given a false alarm of fire to the fire brigade or to any officer or fireman thereof whether by means of a street fire, alarm-statement, message or otherwise, or with intent to give such false alarm, wilfully breaks the glass of, or otherwise damages a street fire-alarm, shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to Rs. 100, or with both.

Whoever is found between sunset and sunrise,— (a) armed with any dangerous instrument with intent to commit an offence, or (b) having his face covered, or otherwise disguised with intent to commit an offence, or (c) in any dwelling house or other building, or boat, without being able satisfactorily 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 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.

97. Carrying weapon without authority. Whoever not being a member of the armed forces of the Union and acting as such or a Police Officer, goes armed with 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 disarmed 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 exceeding Rs. 500 as the Commissioner or the District Magistrate in areas under his respective charges imposes.

98. Possession of property of which no satisfactory account can be given. Whoever has in his possession or conveys in any manner, or offers 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 possession or act to the satisfaction of the Magistrate, on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to Rs. 100 or with both.

99. Omission by pawnbrokers, etc., to report to the Police the possession or tender of property suspected to be stolen. Whoever being a pawnbroker, dealer in second hand property, or worker in metals or reasonably believed by the Commissioner or the Superintendent in the area under their respective charges to be such a person, and having received from a Police Officer a written or printed information that the possession of any property suspected to have been transferred by any offence mentioned in section 410 of the Indian Penal Code or by any offence punishable under sections 417, 418, 419 or 420 of the said Code, is found in possession or thereafter comes into the possession or has an offer either by way of sale, pawn, exchange or for custody, alteration or otherwise, howsoever made to him of property answering the description contained in such information shall, unless,— (i) he forthwith gives information to the Commissioner or the Superintendent, as the case may be, or at a Police Station, of such possession or offer and takes all reasonable means to ascertain, and to give information as aforesaid of the name and address of the person from whom the possession or offer was received, or

100. Melting, etc., of such property. Whoever, having received such information as is referred to in section 99, alters, melts, defaces or puts away or causes or suffers to be altered, melted, defaced or put away without the previous permission of the police, any such property, shall, on proof that the same was stolen property within the meaning of section 410 of the Indian Penal Code, or property in respect of which an offence punishable under sections 417, 418, 419 or 420 of the said Code has been committed, be punished with imprisonment for a term which may extend to three years or with fine or with both.

Whoever takes from any child not appearing to be above the age of fourteen years any article whatsoever as a pawn, pledge or security for any sum of money lent, advanced or delivered to such child, or without the knowledge and consent of the owner of the article, buys from such child any article whatsoever, shall, on conviction, be punished with fine which may extend to one hundred rupees.

102. Penalty for permitting disorderly conduct at places of public amusements, etc. Whoever, being the keeper of any place of public amusement or entertainment, knowingly permits drunkenness or other disorderly behaviour or any gaming whatever, in such place shall, on conviction be punished with a fine which may extend to one hundred rupees.

103. Penalty for contravention of orders under section 31. Save as provided in section 105, whoever,- (a) contravenes any orders made under section 31 or any of the conditions of a licence issued under such order, or (b) abets the commission of any offence under clause (a), shall, on conviction, be punished,— (i) if the order under which the said licence was issued was made under clauses(n) and (o) of sub-section (1) of section 31 with fine which may extend to two hundred rupees; (ii) if the order contravened was made under clause (y) of sub-section (1) of section 31, with imprisonment which may extend to three months or with fine which may extend to five hundred rupees or with both; (iii) if the order contravened or the order under which the said licence was issued was made under any other clause, with fine which may extend to fifty rupees or in default to simple imprisonment which may extend to eight days.

The holder of a licence granted under this Act in respect of a place of public entertainment shall be responsible, as well as an actual offender for any offence under section 103 committed by his servants or other agents acting with his express or implied permission on his behalf, as if he himself had committed the same unless he establishes that all due and reasonable precautions were taken by him to prevent the commission of such an offence.

105. Penalty for not obtaining a licence or for not renewing the licence within the specified period in respect of public entertainment. (1) Whoever fails to obtain a licence under this Act in respect of a place of public entertainment or to renew a licence granted under this Act in respect of such a place within the prescribed period, shall, on conviction, be punished with fine which may extend to fifty rupees. (2) Any court trying such an offence shall, in addition, direct that the person keeping a place of public entertainment in respect of which an offence has been committed, shall close such place until he obtains the licence, or a fresh licence, as the case may be, in respect thereof and thereupon such person shall forthwith comply with such direction. (3) If a person fails to comply with any direction under sub-section (2), he 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. (4) Without prejudice to any action taken under sub-section (3), on failure of such a person to comply with the directions of the court, any Police Officer authorised by the Commissioner or the District Magistrate, as the case may be, by an order in writing, may take or cause to be taken such steps and use or cause to be used such force as may, in the opinion of such officer, be reasonably necessary for securing compliance with the court’s direction.

106. Penalty for disobedience to order under section 30. Whoever contravenes, disobeys, opposes, or fails to conform to an order under section 30 requiring him to vacate any premises, shall, on conviction, be punished with imprisonment which may extend to three months or with fine which may extend to five hundred rupees or with both.

107. Penalty for contravening rules, etc., under sections 33 or 34. Whoever,— (a) contravenes any rule made under section 33, or (b) contravenes, disobeys, opposes or fails to conform to any order given by a Police Officer under section 34, shall, on conviction, be punished with fine which may extend to five hundred rupees.

108. Penalty for contravention of rules or directions under section 35, 38 or 39. Whoever disobeys an order lawfully made under section 35, 38 or 39 or abets the disobedience thereof, shall, on conviction, be punished,— (i) if the order disobeyed or of which the disobedience was abetted was made under sub-section (1) of section 35, or under section 38 or section 39, with imprisonment for a term which may extend 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; (ii) if the said order was made under sub-section (2) of section 35, with imprisonment which may extend to one month or with fine which may extend to one hundred rupees; and (iii) if the said order was made under sub-section (3) of section 35, with fine which may extend to one hundred rupees.

109. Penalty for contravening orders under sections 36 or 37. Whoever contravenes or disobeys any order or direction made under section 36, 36A or section 37 or any conditions of a licence granted thereunder or abets the contravention or disobedience thereof shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both.

(1) Whoever opposes or fails to conform to any direction given by the Police under section 40, shall on conviction, be punished with fine which may extend to two hundred rupees. (2) Whoever fails to comply with an order made under section 41, shall, on conviction, be punished with fine which may extend to twenty-five rupees for every day that order continues to be disobeyed by him.

Whoever contravenes or abets the contravention of any regulation made under section 42, shall, on conviction, be punished with imprisonment which may extend to three months or with fine which may extend to two hundred rupees or with both.

112. Penalty for contravening directions under section 70. Whoever opposes or fails to conform to any direction given by a police officer under section 70 or abets the opposition or failure to do so, shall, on conviction, be punished with fine which may extend to fifty rupees.

113. Penalty for contravention of directions under sections 54, 55, 56 or 63. Whoever opposes or disobeys or fails to conform to any direction issued under sections 54, 55, 56 or 63 or abets opposition to or disobedience of any such direction shall, on conviction, be punished with imprisonment which may extend 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.

Notwithstanding anything contained in section 61, any person who, in contravention of a direction issued to him under sections 54, 55, 56 or 63 enters the area from which he was directed to remove himself, shall on conviction, be punished with imprisonment for a term which may extend to two years, but shall not, except for reasons to be recorded in writing be less than six months, and shall also be liable to fine which shall not be less than twenty five thousand but which may extend to rupees one lakh. In section 114 of the Principal Act, after the words “fine” the words “which shall not be less than twenty five thousand but which may extend to rupees one lakh” shall be inserted.

Whoever fails without sufficient cause to surrender in accordance with sub-section (3) of section 62, shall, on conviction, be punished with imprisonment which may extend to two years and shall also be liable to fine.

116. Penalty for contravention of orders under section 64. (1) Whoever contravenes any order made under sub-section (1) of section 64, shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine or with both. (2) Whoever contravenes any order made under sub-section (2) of section 64, shall, on conviction, be punished with imprisonment for a term which may extend to three years or with fine or with both.

Any person who having been appointed a Special Police Officer under section 19, without sufficient cause, neglects or refuses to serve as such or to obey any lawful order or direction that may be given to him for the performance of his duties, shall, on conviction, be punished with fine which may extend to fifty rupees.

118. Penalty for making false statement, etc., and for misconduct of Police Officer. (1) (i) Any person who makes a false statement or uses a false document for the purposes of obtaining employment or release from employment as a Police Officer, or (ii) any Police Officer who,—

Any Police Officer, who wilfully neglects or refuses to deliver up his certificate of appointment or of office or any other article, in accordance with the provisions of sub-section (1) of section 29, shall, on conviction, be punished with imprisonment for a term which may extend to one month, or with fine which may extend to Rs. 200 or with both.

120. Vexatious entry, search, arrest, etc., by a Police Officer. Any Police Officer who,— (a) without lawful authority or reasonable cause enters or searches, or causes to be entered or searched, any building, room, enclosure, vehicle, vessel, tent or place; or (b) vexatiously and unnecessarily seizes the property of any person; or (c) vexatiously and unnecessarily detains, searches or arrests any person; or (d) offers any unnecessary 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 Rs. 500, or with both.

121. Penalty for vexations delay in forwarding a person arrested. Any Police Officer who veraciously and unnecessarily delays forwarding any person arrested to a Judicial Magistrate or to any other authority to whom he is legally bound to forward such person, shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to Rs. 500 or with both.

Whoever opposes or fails forthwith to comply with any reasonable direction given by a Magistrate or a Police Officer under section 72 or abets opposition thereto or failure to comply therewith, shall, on conviction, be punished with imprisonment for a term which may extend 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.

123. Penalty for causing disaffection, etc. (1) Whoever intentionally causes or attempts to cause, or does any act which he knows is likely to cause, disaffection towards the Government established by law in India, among the members of the police force, or induces or attempts to induce, or does any act which he knows is likely to induce, any member of the police force to withhold his services or to commit a breach of discipline shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to Rs. 200, or with both. Explanation.—Expressions of disapprobation of the measures of the Government with a view to obtain their alteration by lawful means, or of the disapprobation of the administrative or other action of the Government, do not constitute an offence under this section unless they cause or are made for the purpose of causing or likely to cause disaffection. (2) Nothing shall be deemed to be an offence under this section which is done in good faith,— (a) for the purpose of promoting the welfare or interests of any member of the police force by inducing him to withhold his services in any manner authorised by law; or (b) by or on behalf of any association formed for the purpose of furthering the interests of members of the police force as such, where the association has been authorised or recognised by the Government and the act done is done under any rules or articles of the association which have been approved by the Government. (3) No court shall take cognizance of any offence under this section except with the previous sanction, or on the complaint, of the District Magistrate. (4) No court inferior to that of a magistrate of the first class shall try any offence under this section. (5) Notwithstanding anything contained in Chapter XXII of the Code of Criminal Procedure, 1898, no offence under this section shall be triable summarily.

Offences against this Act, when the accused person or any one of the accused persons is a Police Officer above the rank of a constable, shall not be cognizable except by a Magistrate not lower than a Magistrate of the second class.

125. Penalty for unauthorised use of police uniform. If any person not being a member of the police force wears, without the permission of the officer authorised by the Government in this behalf or by a general or special order for any area in the State, the uniform of the police force or any dress having the appearance or bearing any of the distinctive marks of that uniform, he shall, on conviction be punished with fine which may extend to Rs. 200.

126. Prosecution for certain offences against the Act to be in the discretion of the Police. It will not except in obedience to a rule or order made by the Government or by the competent authority, be incumbent on the Police to prosecute for an offence punishable under sections 92, 93, 103, 106, 110, 111 or 117 when such offence has not occasioned serious mischief and has been promptly desisted from on warning given.

127. Summary disposal of certain cases. (1) A court taking cognizance of an offence punishable under sub-section (1) of section 92 or under clause (iii) of section 103, for contravention of an order made under clause (b) of sub-section (1) of section 31, 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 Rs. 25, as the court may specify. (2) Where an accused person pleads guilty and remits the sum specified, no further proceedings in respect of the offence shall be taken against him.

128. Prosecution for offences under other enactments not affected. Nothing in this Act shall be construed to prevent any person from being prosecuted and punished under any other enactment for any offence made punishable by this Act or from being prosecuted and punished under this Act for an offence punishable under any other enactment: Provided that all such cases shall be subject to the provisions of section 403 of the Code of Criminal Procedure, 1898.