Vidhi Codex

Bare Act

The Bombay Opium Smoking Act, 1936

General193643 sections

The Bombay Opium Smoking Act, 1936, is a legislative measure designed to curb the consumption of opium within the State of Bombay. It strictly prohibits the act of smoking opium, the possession of instruments used for such smoking, and the maintenance of places intended for opium smoking assemblies. The Act empowers designated authorities, including the Commissioner and Collectors, to conduct searches, seize contraband, and arrest individuals involved in these activities. By criminalizing both the act of smoking and the facilitation of such gatherings, the law aims to eradicate opium-related public health and social issues, ensuring strict regulatory control over this substance.

Start reading →Read full ActSections
  1. 1. Short title and extent
  2. 2. Definitions
  3. 2A. Commissioner and his powers
  4. 2B. Powers of Collector
  5. 2C. Control of Commissioner over officers empowered under Act
  6. 3. Prohibition of opium smoking, etc
  7. 4. Opium smoking assembly
  8. 5. Member of opium smoking assembly
  9. 6. Presumption raised by presence of opium and any instrument of smoking
  10. 6A. Penalty for smoking opium and for possessing instrument of smoking, etc
  11. 7. Penalty for being member of opium smoking assembly
  12. 8. Penalty for opening, keeping or having charge of place of assembly
  13. 9. Penalty when owner [occupier, etc.] fails to give notice of use of place for such assembly
  14. 9A. Penalty for attempt or abetment
  15. 10. Penalty for subsequent offences
  16. 11. Security for abstaining from offences
  17. 12. Power to issue warrants
  18. 13. Power of entry, search and arrest by certain officer
  19. 13A. Power of seizure and arrest in open places
  20. 13B. Arrest of offenders and seizure of contraband articles
  21. 14. Arrest of persons obstructing officers in execution of duties under the Act
  22. 15. Mode of making searches and arrests
  23. 16. Disposal of persons arrested and of articles seized
  24. 17. Refusal to give name and residence
  25. 18. Certain officers empowered to investigate offences under Act
  26. 19. Certain offences under Act to be non-bailable and others to be bailable
  27. 20. Articles seized during investigation
  28. 21. Officers and persons required to assist in detection of offences under the Act
  29. 22. Penalty for neglecting to assist officers acting under the Act
  30. 23. Penalty for vexatious search or arrest
  31. 24. Jurisdiction
  32. 25. Cognizance of offences
  33. 25A. Procedure to be followed by Magistrates
  34. 25B. Tender of pardon to accused person
  35. 26. Provisions of Criminal Procedure Code with respect to cognisable offences to apply to offences under Act In the absence
  36. 27. Procedure in making confiscation
  37. 28. Delegation of powers
  38. 29. Power to make rules
  39. 30. Protection of persons acting in good faith and limitation of suits or prosecutions
  40. 31. Sanction of prosecution of persons acting under Act
  41. 32. Officers and persons acting under Act to be public servants
  42. 33. Repeals and savings
  43. I. Schedule

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