Chapter VII Chapter VII

No person shall- (a) when driving a vehicle along a street and except in cases of actual necessity or of some sufficient reason, for deviation, fail to keep on the left side of such street and when passing any other vehicle proceeding in the same direction fail to keep on the right side of such vehicle; or (b) Leaving cattle, etc., insufficiently tended. Leave in any street or public place insufficiently tended or secured any animal or vehicle.

No person shall cause obstruction, damage, injury, danger, alarm or mischief in any street or public place- (i) by misbehaviour, negligence or ill-usage in the driving, management, treatment or care of any animal or vehicle ; or (ii) by driving any vehicle or animal laden with timber, po1es, or other unwieldy articles through a street or public place contrary to any regulation made in that behalf and published by a competent authority.

No person shall in any street or public place expose for hire or sale any animal or vehicle, clean any furniture or vehicle, or clean or groom any horse or other animal, except at such times and places as a competent authority permits, or shall train or break in any horse or other animal or make any vehicle or any part of a vehicle, or except when in the case of an accident repairing on the spot is unavoidable, repair any vehicle or part of a vehicle or carryon therein any manufacture or operation so as to be a serious impediment to traffic or a serious annoyance to residents or to the public.

No person shall cause obstruction in any street or public place by allowing any animal or vehicle which has to be loaded or unloaded, or 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 fastening any cattle therein. or using any part of a street or public place as a baiting 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 or contrary to any regulation made and published by a competent authority by exposing anything for sale setting out anything for sale in or upon any stall, booth, board, casket or in any other way whatsoever.

No person shall drive, ride, lead, propel or leave on any footway any animal so that the same can stand across or upon such footway.

No person shall exhibit, contrary to any regulation made and notified by the Revenue Commissioner or a District Magistrate, as the case may be, any mimetic, musical or other performances of a nature to attract crowds, or carry or place bulky advertisements, pictures, figures or emblems in any street or public place whereby all obstruction to passengers or annoyance to the inhabitants may be occasioned.

No person shall slaughter any animal, clean a carcass or hide, or bathe or wash his person in or near to and within sight of a street or public place (except at a place set apart for the purpose by order of a competent authority) so as to cause annoyance to the neighbouring residents or to passersby.

No person shall in any street or public place (A) negligently let loose any horse or other animal, so as to cause danger, injury, alarm or annoyance, or suffer a ferocious dog to be at large without a muzzle, or (B) set on or urge a dog or other animal to attack, worry or put in fear any person or horse or other animal.

No person shall bathe or wash in or by the side of a public well, tank or reservoir not set apart for such purposes by order of a competent authority, or in or by the side of any pond, pool, aqueduct, part of a river, stream, nala or other source or means of water-supply in which such bathing or washing is forbidden by order of the competent authority.

No person shall defile or cause to be defiled, the water in any public well, tank, reservoir, pond, pool aqueduct or part of a river, stream, nala or other source or means of water supply, so as to render the same less fit for any purpose for which it is set apart by the order of competent authority.

No person shall obstruct or incommode a person bathing at a place set apart for the purpose by the order of the competent authority under Sec. 107 by wilful intrusion or by using such place for any purpose for which it is not so set apart.

No person shall willfully and indecently expose his person ill any street or public place or within sight of, and in such manner as to be seen from any street or public place, whether from within any house or building or not, or use indecent language or behave indecently or riotously, or in a disorderly manner in a street or place of public resort or in any office station or station house.

No person shall willfully push, press, hustle or obstruct any passenger in a street or public place or by violent movements, menacing gestures, want personal annoyance, screaming, shouting, willfully frightening horses or cattle or otherwise disturb the public peace or order.

No person shall use in any street or public place any threatening abusive or insulting words or behaviour with intent to provoke a breach of the peace or whereby a breach of the peace may be occasioned.

No person shall fly a kite so as to cause danger, injury or alarm to persons, horses or property.

Repealed

No person shall in or near to any street, public place or place of public resort- (a) commit a nuisance by easing himself, or (b) having the care or custody of any child under seven years of age suffer such child to commit a nuisance as aforesaid or (c) spit or throw any dust, ashes, refuse or rubbish ; so as to cause annoyance to any passerby.

No person shall, ill any court, Police Station, police Officer, building occupied by Government or building occupied by any public body, smoke or spit in contravention of a notice by a competent authority in charge of such place and affixed to such court, Station, office or building.

Any person who contravenes any of the provisions of Secs. 99 to 116 (both inclusive) shall, on conviction, be punished with fine which may extend to hundred rupees.

(1) In any local area in which the State Government by notification in the official Gazette brings this section into force, whoever through neglect otherwise fails to keep in confinement or under restraint between one hour after sunset and Sunrise any cattle which are his property or in his charge shall, on conviction, be published,- (i) for the first offence, with imprisonment for a term which may extend to one month or with fine which may extend to three hundred rupees or with both; (ii) for the second or subsequent offence, with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both. Explanation. Cattle shall not be deemed to be kept in confinement within the meaning of this sub-section unless they are effectively confined within a fence, wall or other enclosure and shall not be deemed to be kept under restraint within the meaning of this sub-section unless they are restrained by means of a rope or other attachment. (1-A) The Magistrate trying the offence under sub-section (1) may order,- (a) that the accused shall pay such compensation not exceeding two hundred and fifty rupees, as the Magistrate considers reasonable, to any person for any damage proved to have been caused to his property or to produce of land by the cattle under the control of the accused trespassing on his land; and also (b) that the cattle in respect of which the offence has been committed shall be forfeited to the State Government, (1-B) Any compensation awarded under sub-section (1-A) may be recovered as if it were a fine imposed under this section. (1-C) The offence under this section shall be cognizable. (2) Any person may seize any cattle not being kept in confinement or under restraint as required by this section and may take or send the same to the nearest cattle-pound and the owner and other persons concerned shall thereon become subject to the provisions of the Cattle Trespass Act, 1871 (I of 1871), or of the Hyderabad Cattle Trespass Act, as the case may be, All officers of Police and all police patels and all members of the village police shall, when required, aid in preventing resistance to such seizures ,and rescues from persons making such seizures. (3) Any fine imposed under this section, may without prejudice to any other means of recovery provided by law, be recovered by sale of all or any of the cattle in respect of which the offence was committed, whether they are the property of the person convicted of the offence or were only in his charge when the offence was committed.

Whoever in any place in any area for which a Commissioner has not been appointed cruelly beats, goads, overworks, ill-treats or tortures or causes or procures to be cruelly beaten, goaded, over-worked, 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 one hundred rupees, or with both.

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 boat or vessel, shall, on conviction, whether he causes any actual damage or not, be punished with fine which may extend to twenty rupees.

Whoever knowingly gives or causes to be given a false alarm of fire to the fire brigade of a municipality or corporation 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 the-alarm, 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.

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 on board any vessel 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 a 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 which may extend to one year, but shall not, except for reasons to be recorded in writing be less than one month and shall also be liable to fine which may extend to five hundred rupees).

Whoever not being a member of the armed forces of the Union and acting as such or a Police officer, goes armed with any 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 five hundred rupees as the Commissioner or the District Magistrate in areas under their respective charges imposes.

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 to 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 one year but shall not except for reasons to be recorded in writing, be less than one month and shall also be liable to fine which may extend to five hundred rupees.

Whoever-\n\n(a) takes or introduces, or attempts to take or introduce, any spirits or spirituous or fermented liquors or intoxicating drugs or preparations into any public hospital without the permission of a medical officer of such hospital, or\n\n(b) not being amenable to the Articles of War takes or introduces, or attempts to take or introduce, any such spirits, liquors, drugs or preparations not belonging to any person above the rank of a non commissioned officer,\n(i) into the barracks or buildings occupied by the troops composing the Garrison of Bombay into any military barracks, guard-rooms or encampments, or\n(ii) on board or alongside of any vessel of war belonging to Government, shall, on conviction, be punished with imprisonment for a term which may extend to two months, or with fine which may extend to one hundred rupees, or with both and such spirits, liquor, drugs or preparations and the vessels containing the same, sha1l be forfeited to the State Government.

Whoever, being a pawn-broker, dealer in second-band property, or worker in metals, or reasonably believed by the Commissioner, or District Superintendent in the areas under their respective charges to be such a person, and having received from a police officer written or printed information that the possession of any property suspected to have been transferred by any offence mentioned in Sec. 410 of the Indian Penal Code (XLV of 1860) or by any offence punishable under Sec. 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 description contained in such information, shall, unless-\n\n(i) he forthwith gives information to the Commissioner, or the District 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\n\n(ii) the property being, as an article of common wearing apparel or otherwise, incapable of identification from the written or printed information given, has been in no way concealed after the receipt of such information, on conviction, be punished with fine which may extend to fifty rupees in respect of each such article of property so in his possession or offered to him.

Whoever, having received such information as is referred to in Sec. 126, 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 Sec. 410 of the Indian Penal Code (XLV) of 1860), or property in respect of which any offence punishable under Sec. 417, 418, 419 or 420 of the said Code bas 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.

Whoever, being the keeper of any place of public amusement or entertainment, knowingly permits drunkenness or other disorderly behaviour or any gaming whatsoever, in such place, shall, on conviction be punished with a fine which may extend to one hundred rupees.

Whoever, by any fraud or unlawful device or malpractice in playing at or with cards, dice or other game, or in taking a part in the stakes or wagers, or in betting on the sides or bands of the players, or in wagering on the event of any game, sports, pastime or exercise, wins from any other person, for himself or any other or others, any sum of money or valuable thing, shall be deemed guilty of cheating within the meaning of Sec. 415 of the Indian Penal Code (XLV of 1960), and be liable to punishment accordingly.

Save as provided in Sec. 131-A, whoever-\n(a) contravenes any rules or order made under Sec. 33 or any of the conditions of a licence issued under such rule or order, or\n(b) abets the commission of any offence under Cl. (a) shall, on conviction be punished-\n(i) if the rule or order under which the said licence was issued was made under Cls. (d), (g), (h), (i), sub-clauses (i) and (ii) of Cl. (r) or C1. (u) of sub-section (1) of Sec. 35, with imprisonment for a term, which may extend to eight days or with fine which may extend to fifty rupees or with both;\n(ii) if the rule or order contravened was made under Cl. (x) of sub-section (1) of Sec. 33, with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both;\n(iii) if the rule or order contravened or the rule or order under which the said licence was issued was made under Cls. (n) and (o) of sub-section (1) of Sec. 33 with fine which may extend to two hundred rupees;\n(iv) if the rule or order contravened was made under Cl. (b) of sub-section (1) of Sec. 33 and prohibits the sale or exposure for sale of any goods on any street or portion thereof so as to cause obstruction to traffic or inconvenience to the public-\n(a) for the first offence with imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees or with both; and\n(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; and\n(v) if the rule or order contravened or the rule or order under which the said licence was issued was made under any clause of sub-section (1) of Sec. 33 and for the contravention of which no penalty is provided under this section, with fine which may extend to fifty rupees.

Whoever contravenes, disobeys, opposes, or fails to conform to an order under Sec. 31 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.

Whoever contravenes any rule made under Sec. 35 shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to two hundred rupees or with both.

Whoever, contravenes, disobeys, opposes or fails to conform to any order given by a Police officer under Sec. 36 shall, on conviction, be punished with fine which may extend to two hundred rupees;

Whoever disobeys an order lawfully made from Sec. 37, 39 or 40 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 Sec. 37 or under Sec. 39, or Sec. 40, 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, and (ii) if the said order was made under sub-section (2) of Sec. 37 with imprisonment for a term 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 Sec. 37, with fine which may extend to one hundred rupees.

Whoever disobeys any direction lawfully made under Sec. 38 or abets the 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.

Whoever opposes or fails to conform to any direction given by the Police under Sec. 41, shall on conviction be punished with fine which may extend to two hundred rupees.

Whoever contravenes or abets the contravention of any regulation, made under Sec. 43 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.

Whoever opposes, or fails to conform to any direction given by the Police under Sec. 68 or abets the opposition or failure to do so shall, on conviction, be punished with fine which may extend to fifty rupees.

Whoever opposes or disobeys or fails to conform to any direction issued under Secs. 55, 56 57, 57-A or 63-AA 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.

Without prejudice to the power to arrest and remove a person in the circumstances and in the manner provided in Sec. 62, any person who- (a) in contravention of a direction issued to him under Secs. 55, 56, 57, 57-A or 63-AA enters or returns without permission to the area, or any district or districts or part thereof, from which he was directed to remove himself; (b) enters or returns to any such area or district aforesaid or part thereof with permission granted under sub-section (2) of Sec. 62, but fails, contrary to the provisions thereof, to remove himself outside such area at the expiry of the temporary period for which be was permitted to enter or return or on the earlier revocation of such permission, or having removed himself at the expiry of such temporary period or on revocation of the permission, enters or returns thereafter without fresh permission, 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.

Whoever fails without sufficient cause to surrender in accordance with sub-section (3) of Sec. 63 shall, on conviction, be punished with imprisonment which may extend to two years and shall also be liable to fine.

Any person who having been appointed a Special Police officer under Sec. 21 shall without sufficient cause neglect or refuse 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.

(1) Any person who makes a false statement or uses a false document for the purpose of obtaining employment or release from employment as a Police officer, or (2) any Police officer who- (a) is guilty of cowardice, or (b) resigns his office or withdraws himself from duties thereof in contravention of Sec. 29, or (c) is guilty of any wilful breach or neglect of any provision of law or of any rule or order which as such Police officer, it is his duty to observe or obey, or (d) is guilty of any violation of duty for which no punishment is expressly provided by any other law in force, 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. (3) Consequence of failure to return to duty after leave. A Police officer who being absent on leave fails, without reasonable cause to report himself for duty on the expiration of such leave shall, for the purpose of Cl. (b) of subsection (2), be deemed to withdraw himself from the duties of his office within the meaning of Sec. 29.

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 provision of sub-section (1) of Sec. 30 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.

Section 143-B was inserted by Bom 35 of 1959, Sec. 31.

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) offers any unnecessary personal violence to any person in his custody; or
5. (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 five hundred ,rupees, or wit h both.

Any Police officer who 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, shall, on conviction, 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.

Whoever opposes or fails forthwith to comply with any reasonable direction given by a Magistrate or a Police officer under Sec. 70 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.

Offences against this Act, when the accused person or anyone of the accused persons is a Police officer above the rank of a constable, shal1 not be cognizable except by a Presidency Magistrate or a Magistrate not lower than second class Magistrate.

It will not except in obedience to a rule or order made by the State Government or by the competent authority, be incumbent on the Police to prosecute for an offence punishable under Sec. 117, 119, 131, 134, 137, 139, 140 or 144 when such offence bas not occasioned serious mischief and has been promptly desisted from on warning given.

Nothing in this Act shall be construed to prevent any person from belong 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 Sec. 403 of the Code of Criminal Procedure, 1898 (V of l898).