Chapter VI Chapter VI

Offences and punishments

Certificate, arms, etc., to be delivered up by person ceasing to be a police officer .-(1) Every member of the police force shall on suspension or on ceasing to belong thereto, forthwith deliver up to his immediate superior officer his certificate and all clothing, accountrements and other articles supplied to him for the execution of his duty, and in default thereof, shall on conviction be liable to fine not exceeding two hundred rupees or to imprisonment for a term which may extend to six months, or to both.

1. (2) The Inspector-General or any Magistrate any issue a warrant to search for and seize, wherever they may found, any certificate, arms, or accountrements, clothing or other necessary articles not delivered up as required by sub section (1). Every warrant so issued shall be executed in accordance with the provisions of the Code of Criminal Procedure, 1898.
2. (3) Nothing in this section shall be deemed to apply to any article which under the orders of the Inspector-General has become the property of the person to whom the same was furnished.

Unlawful assumption of police functions, personation of police etc .-Every person not being, or having ceased to be a police officer, who-

1. (i) unlawfully assumes any function or power belonging to the police;
2. (ii) has in his possession any distinctive article of the dresses or accountrement directed to be worn exclusively by the police without being able to account satisfactorily for the possession thereof ;
3. (iii) except for purposes of entertainment, puts on the dress of any police officer, or any dress designed to represent it or to be taken for it; or
4. (iv) otherwise personates the character or acts the part of any police officer, except for purposes of entertainment, shall on conviction, be liable to fine not exceeding two hundred rupees or to imprisonment for a period which may extend to six months, or to both.

Penalties for neglect of duties, etc .-Any police officer who-

1. (a) contravenes the provision of section 15 ;
2. (b) is guilty of cowardice;
3. (c) resigns his office or withdraws himself from the duties thereof in contravention of section 14 ;
4. (d) is guilty of any wilful breach or neglect of any provision of law or any rule or order which it is his duty as such police officer to observe or obey; or
5. (e) is guilty of any violation of duty for which no punishment is expressly provided, shall on conviction be liable to imprisonment for a term which may extend to three months, or to fine which may extend to one hundred rupees, or to both.

Vexatious entry, search, arrest, etc., by police officers.- Any police officer who-

1. (a) without lawful authority or reasonable cause, enters or searches or causes to be entered or searched any building, vessel, tent or place ;
2. (b) vexatiously and unnecessarily seizes the property of any person ;
3. (c) vexatiously and unnecessarily detains, searches or arrests any person ;
4. (d) vexatiously and unnecessarily delays forwarding any person arrested to a Magistrate or to any other authority to whom he is legally bound to forward such person ;
5. (e) offers any unnecessary personal violence to any person in his custody ;
6. (f) holds out any threat or promise not warranted by law to an accused person;
7. (g) maliciously and without probable cause prefers any false vexatious or frivolous, charge or information against any individual ; or
8. (h) knowingly and wilfully and with evil intent exceeds his powers shall on conviction for every such offence 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.

Penalty for receiving unauthorised fees, etc .-Any police officer who on any pretext, or under any circumstance, directly or indirectly, collects or receives any fee, gratuity, diet-money allowance or recompense, other than he may be duly authorised to collect or receive, shall on conviction be liable, to fine not exceeding six month's pay, or to imprisonment for a term which may extend to six months or to both.

Penalty for extortion .-Any police officer who, directly or indirectly extorts, exacts, seeks or obtains any bribe perquisite or unauthorised reward or consideration by any threat or pretence, for doing or omitting or delaying to do any act which it may be his duty to do or cause to be done, or for withholding or delaying any information which he is bound to give or communicate, or who attempts to commit any of the offences above said, shall on conviction be liable to fine not exceeding twelve months' pay or to imprisonment for a term which may extend to twelve months, or to both.

Penalty for false alarm of fire .-(1) Whoever gives or causes to be given to any police officer or to any fire brigade or to any member thereof or to any member of the fire services whether by means of a street fire alarm, statement, message or otherwise any alarm of fire which he knows to be false, or does not believe to be true, shall on conviction be liable to fine which may extend to fifty rupees.

1. (2) Whoever is convicted under this section after having been previously convicted thereunder, shall be liable to simple imprisonment for a term which may extend to six months and shall also be liable to fine.

Punishment for certain offences on street and open places.- Whoever in any street or open place, within the limits of any local area to which this section may be extended by the Government by notifiction in the Gazette does any of the following acts shall, on conviction, be liable to imprisonment for a term which may extend to eighty days or to fine which may extend to fifty rupees or to both, provided that no such act done in any place other than a street shall be punishable as aforesaid unless such act causes or is likely to cause obstruction, inconvenience annoyance, risk, danger or damage to the residents or passers by-

1. (i) slaughters any cattle, cleans any carcass, article of furniture or vehicle, or grooms any animal;
2. (ii) makes or repairs any vehicle or part of a vehicle (unless when in the case of an accident repairing on the spot is necessary) or carries on any manufacture or operation ;
3. (iii) drives, drags or pushes any vehicles at any time between half an hour after sunset and one hour before sunrise without sufficient light ;
4. (iv) drives, drags or pushes any vehicle and does not keep (except in case of actual necessity or of some sufficient reason for deviation), on the left of such street when meeting any other vehicle or on the right of such street when passing any other vehicle ;
5. (v) rides or drives, any animal, or drives, drags or pushes any vehicle in a rash or negligent manner, or trains or breaks any horse or other cattle ;
6. (vi) drives, drags or pushes any vehicle without springs on any street except on the side thereof;
7. (vii) leads or rides any animal, or drives, drags or pushes any vehicle upon any foot-way or fastens any animal so that it can stand across or upon any street or foot-way;
8. (viii) permits any cattle or vehicle to be under the control of a child under the age of twelve years;
9. (ix) conveys through the streets any article which projects more than five feet in front or behind the vehicle or vehicles on which it is placed ;
10. (x) affix or causes to be affixed any bill, notice, document, paper or other thing upon any street or place of public resort or upon any building, monument, state, effigy, post, wall, fence, tree or other erection therein or in any manner defaces, disfigures, write upon or otherwise marks or causes to be defaced, disfigured, written upon or otherwise mar marked any street, public place or any such building monument, statue, effigy, post, wall, fence, free or erection without the consent of the owner or occupier thereof ;
11. (xi) causes mischief by any negligence or ill-usage in the driving, management or care of any animal or vehicle ;
12. (xii) commits nuisance by causing himself or permits any person under his control to commit a nuisance as aforesaid.

Penalty for wilful trespass .-Whoever without reasonable excuse wilfully enters into or on any dwelling house or other building or on any land or ground attached thereto or on any boat, vehicle or vessel, or on any ground belonging to the Government or appropriated to public purposes, shall be liable on conviction to imprisonment for a term not exceeding six months or to fine not exceeding five hundred rupees or to both.

Penalty for being found armed between sunset and sunrise intending to commit an offence, etc .-Whoever is found, between sunset and sunrise-

1. (a) armed with any dangerous instrument with intent to commit an offence;
2. (b) having his face covered or otherwise disguised with intent to commit an offence;
3. (c) in any dwelling house or other building or on board any vessel or boat, without being able satisfactorily to account for his presence there;
4. (d) lying or loitering in any bazaar, street, yard or other place being a reputed thief and without being able to give satisfactory account of himself; or
5. (e) having in possession without lawful excuse any implement of house breaking,may be arrest by any police officer without a warrant and shall be liable on conviction to imprisonment for any term not exceeding three months.

Penalty for buying or taking pledge from a child .-In any local area to which this section may be extended by the Government by notification in the Gazette, whoever without the knowledge and consent of the owner buy any jewel, watch, fountain pen, bicycle, utensil or other article of value from any child apparently under the age of fourteen years, or takes any article on pawn or pledge from such a child shall be liable on conviction to fine not exceeding one hundred rupees.

Penalty for lighting bonfire discharging fire-arm etc., in, over or near any public place.- In any local area to which this section may be extended by the Government by notification in the Gazette, whoever, except at such times and places as the District Magistrate may allow, in, over or near any public place, lights any bonfire, discharge, any fire-arm or airgun, lets off or discharges any firework or send up any fire-baloon, or permits such act to be done in premises over which he has control, shall be liable on conviction to fine not exceeding fifty rupees. In the event of any such act being done within any private premises the person having the immediate control of such premises shall be deemed to have permitted the act, unless he can prove that the act was committed without his knowledge.

Penalty for being drunk and for disorderly behaviour .-Whoever in any street or public place or in any court, police station or other public office or in any place of public amusement or resort or on board any passenger boat or vessel or in any public passenger vehicle, is found drunk and incapable of taking care of himself or behaves in a disorderly manner under the influence of drink shall, on conviction, be punished-

1. (a) for a first offence, with imprisonment for a term which may extend to one month and with fine which may extend to two hundred rupees: Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such imprisonment shall not be less than fifteen days and fine shall not be less than fifty rupees; and
2. (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: Provided that in the absence of special and adequate reason to the contrary to be mentioned in the judgment of the court, such imprisonment shall not be less than one month and fine shall not be less than one hundred rupees. Explanation .-For the purposes of this section and section 51A, "public passenger vehicle" means a vehicle used for carrying passengers for hire or reward other than a vehicle which carries passengers for hire or reward under a contract express or implied for the use of the vehicle as a whole at or for a fixed or agreed rate or sum.

Penalty for riotous or indecent behaviour in street etc.- Whoever in any street or public place or in any court, police station or other public office or in any place of public amusement or resort or on board any passenger boat or vessel or in any public passenger vehicle, is guilty of any violent riotous disorderly or indecent behaviour shall, on conviction, be liable to fine which may extend to fifty rupees, or with imprisonment for a term which may extend to eight days or with both. Explanation.- 'Public passenger vehicle' means a vehicle used for carrying passengers for hire or reward other than a vehicle which carries passengers for hire or reward under contract express or implied for the use of the vehicle as a whole at or for a fixed or agreed rate or sum.

Penalty for failure to conform to lawful and reasonable directions of Police Officers.-Every person who disobeys any directions given by a police officer under this Act or rules made thereunder shall on conviction be liable to fine not exceeding two hundred rupees.

Penalty for inducing Police Officers to withhold service etc.-Whoever 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 service or to commit a breach of discipline shall on conviction be punished with imprisonment which may extend to six months or with fine which may extend to two hundred rupees or with both.

Penalty for possession of property believed to have been stolen.-Whoever is found in possession or is proved to have been in possession of anything which there is reason to believe to be stolen property or property fraudulently obtained and for the possession of which he fails satisfactorily to account, shall on conviction be liable to fine not exceeding one hundred rupees or to imprisonment for a term which may extend to three months or to both.

Penalty for contravention of section 18A.-Whoever contravenes section 18A or the rules made thereunder shall, on conviction, be liable to imprisonment for a term which may extend to five thousand rupees or to both.

Penalty for contravention of the provisions of sections 19 and 20.-Every person opposing or not obeying any order issued under section 19 or section 20 or violating the conditions of any licence granted by the Superintendent of Police for the conduct of assemblies and processions, shall be liable on conviction, to fine not exceeding two hundred rupees.

Penalty for breach of conditions of licences.-For any breach of any of the conditions of a licence granted under this Act, other than a licence granted under section 19, the licensee shall be liable on conviction to fine not exceeding one hundred rupees notwithstanding that such breach may have been owing to the default or carelessness of his servant or agent.

Contravention of rules and orders.-Whoever contravenes any rule made under section 18 shall on conviction be liable to fine which may extend to one hundred rupees.

Contravention of prohibition made under sections 21, 22, 23 or 24.-Whoever contravenes any prohibition made under section 21, section 22, section 23 or section 24 shall on conviction be liable to imprisonment for a term which may extend to one month, or to fine which may extend to one hundred rupees, or to both.

Contravention of prohibition made under section 21A.-Whoever contravenes any prohibition made under section 21A shall, on conviction, be liable to imprisonment for a term which may extend to six months, but which shall not be less than three months, and with fine which may extend to two thousand rupees.

False statement to obtain employment.-Any person who knowingly make a false statement or uses a false document for the purpose of obtaining for himself or any person, employment or release from employment as a police officer, shall on conviction be punished with imprisonment for a term which may extend to three months, or with fine which may extend to one hundred rupees, or with both.

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

Recovery of fines imposed by Magistrates.-The provisions of sections 64 to 70 of the Indian Penal Code, 1860, and of sections 386 to 389 of the Code of Criminal Procedure, 1898, with respect to fines shall apply to fines imposed under this Act.