Chapter VI Chapter VI

It shall be the duty of every Police officer- (a) promptly to serve every summons and obey and execute every warrant or other order lawfully issued to him by competent authority, and to endeavour by all lawful means to give effect to the lawful commands of his superior; (b) to the best of his ability to obtain intelligence concerning the commission of cognizable offences or designs to commit such offences, and to lay such information and to take such other steps, consistent with law and with the orders of his superiors as shall be best calculated to bring offenders to justice or to prevent the commission of cognizable offences and within his view of non-cognizable offences; (c) to prevent to the best of his ability the commission of public nuisances; (d) to apprehend without unreasonable delay all persons whom he is legally authorised to apprehend and for whose apprehension there is sufficient reason ; (e) to aid another Police officer when called on by him or in case of need in the discharge of his duty, in such ways as would be lawful and reasonable on the part of the officer aided; (f) to discharge such duties as are imposed upon him by any law for the time being in force.

(1) Every Police officer may, subject to the rules and orders made by the State Government or by a person lawfully authorized, enter for any of the purposes referred to in Sec. 64 without a warrant, and inspect any place of public resort which he has reason to believe is used as drinking shop, or a shop for the sale of intoxicating drugs or a place of resort of loose and disorderly characters.

(2) Power to search suspected persons in a street. When in a street or a place of public resort a person has possession or apparent possession of any article which a Police officer in good faith suspects to be stolen property, such Police officer may search for and examine the same and may require an account thereof, and should the account given by the possessor be manifestly false or suspicious, may detain such article and report the facts to a Magistrate who shall thereon proceed according to Secs. 523 and 525 of the Code of Criminal Procedure, 1898 (V of 1898), or other law in force. (a) without lawful authority or reasonable cause enters or searches or causes to be entered or searched, any building, vessel, tent or place; (b) vexatiously and unnecessarily seizes the property of any person; (c) vexatiously and unnecessarily detains, searches or arrests any person; (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 five hundred rupees, or with both.

It shall be the duty of every Police officer- (a) to afford every assistance within his power to disabled or helpless persons in the streets, and to take charge of intoxicated persons and of lunatics at large who appear dangerous or incapable of taking care of themselves; (b) to take prompt measures to procure necessary help (or any person under arrest or in custody, who is wounded or sick and whilst guarding, or conducting any such person, to have due regard to his condition ; (c) to arrange far the proper sustenance and shelter of every person who is under arrest or in custody; (d) in conducting searches, to refrain from needless rudeness and the causing of unnecessary annoyance ; (e) in dealing with women and children to act with strict regard to decency and with reasonable gentleness; (f) to use his best endeavours to prevent any loss or damage by fire; (g) to use his best endeavours to avert any accident or danger to the public.

It shall be the duty of a Police officer- (a) to regulate and control the traffic in the streets, to prevent obstructions therein and to the best of his ability to prevent the infraction of any rule or order made under this Act or any other law in force for observance by the public in or near the streets; (b) to keep order in the streets and at and within public bathing, washing and landing places, fairs, temples and all other places of public resort and in the neighbourhood of places of public worship during the time of public worship; (c) to regulate resort to public bathing, washing and landing places, to prevent overcrowding thereat and in public ferry-boats and, to the best of his ability, to prevent the infraction of any rule or order lawfully made for observance by the public at any such place or on any such boat.

All persons shall be bound to conform to the reasonable directions of a Police officer given in fulfilment of any of his duties under this Act.

A Police officers may restrain or remove any person resisting or refusing or omitting to conform to any direction referred to in Sec. 68 an I may either take such person before a Magistrate or, in trivial cases, may release him when the occasion is past.

Whenever a notification has been duly issued under Sec. 37 or an order has been made under Sec. 38 or 39, it shall be lawful for any Magistrate in a District or Police officer to require any person acting or about to act contrary thereto to desist or to abstain from so doing, and, in case of refusal or disobedience, to arrest the person offending. Such Magistrate or Police officer may also seize any object or thing use or about to be used in contravention of such notification or order as aforesaid, and the thing seized shall be disposed of according to the order of any District Magistrate having jurisdiction at the place.

It shall be the duty of the Police to see that every regulation and direction made by any authority under Secs. 43, 55, 56, 57, 57-A or 63-AA, is duly obeyed, to warn persons who from ignorance fail to obey the same and to arrest any person who wilfully disobeys the Slime.

Any police officer may, without any order from a Magistrate and without a warrant, arrest- (1) any person who has been concerned in an offence punishable under Sec 121 or against whom a reasonable complaint bas been made or credible information has been received or a reasonable suspicion exists, of his having been concerned in such offence; (2) any person who contravenes a rule or order under Cl. (x) of sub-section (l) of Sec. 33 or an order or notification under Secs. 36, 37, 56, 57, 57-A or 63-AA ; (2-A) any person who contravenes any order made under sub-section (1) of Sec. 63-A ; (3) any person who commits an offence punishable under Sec. 122 or Sec. 136.

Any Police officer may, without an order from a Magistrate and without a warrant, arrest any person committing in his presence any offence punishable under Cls. (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k) or (m) of sub-section (1) of Sec. 11 of the Prevention of Cruelty to Animals Act, 1960.

When in respect of an animal an offence under sub-section (1) of Sec. 11 or Sec. 12 of the Prevention of Cruelty to Animals Act, 1960 (hereinafter in this section and in Secs. 75 and 77 referred to as “the said Act”) bas been committed, or, when there is a reasonable ground for suspecting that such offence bas been committed, a Police officer may- (a) take the animal to a Magistrate, or (b) if the accused person so requires, take the animal to a Veterinary officer, if any, empowered by the State Government, in this behalf, or (c) take the animal to an infirmary appointed under Sec. 35 of the said Act for treatment and detention therein, pending direction of Magistrate of the said section, or (d) when the animal is in such a physical condition that it cannot be taken to a Veterinary officer or a Magistrate, draw up a report of the condition of the animal in the presence of two or more respectable persons describing such wounds, sores, fractures, bruises or other marks of injury as may be found on the body of the animal: Provided that in the cases falling under Cl. (b) or (d) the Police officer may direct that the animal shall be sent for detention in a dispensary or any suitable place approve, by the State Government by general or special order and be there detained until its production before a Magistrate; Provided further that an animal so detained shall be produced before a Magistrate with the least possible delay and within a period not exceeding three days from the date on which it was sent for detention and shall be handed over to its owner unless the Magistrate passes an order for its further detention in an infirmary.

When an animal is brought before a Magistrate under Sec. 74, the Magistrate may direct the animal to be returned to the person from whose possession it was taken, on such person giving security to the satisfaction of the Magistrate, binding himself to produce the animal when required, or may direct that the animal shall be sent for treatment and care to an infirmary and be there detained as provided in Sec 35 of the said Act or may make such order as he thinks fit regarding the disposal or custody and production of the animal.

When under Sec. 74 a Police officer directs that an animal shall be sent for detention in a dispensary or any suitable place before its production before a Magistrate or under Sec. 7 a Magistrate directs that an animal shall be sent for treatment and care to an infirmary and be detained therein, the provisions of sub-sections Sec. 35 of the said Act shall, so far as may be, apply.

When a Police officer in good faith suspects that any animal being employed in any work or labour is, by reason of any sore, unfit to be so employed, he may require the person in charge of such animal to unsaddle or unload it for the purpose of ascertaining whether any sore exists and, if any person refuses to do so, may himself unsaddle or unload the animal or may cause the same to be unsaddled or unloaded.

Any Police officer may, without an order from a Magistrate and without a warrant, arrest any person committing in his presence any offence punishable under Sec. 117 or Sec. 125 or Sec. 130 or sub-clause (i), (iv) or (v) of Sec. 131 or Cl (i) of Sec. 135 in respect of contravention of any order made under Sec. 39 or 40.

(1) Any Police officer specially empowered in this behalf by a competent authority may arrest without warrant for an offence specified in Sec. 110. (2) Any Police officer may, on the information of any person in possession or charge of any dwelling-house, private premises, or land or ground attached thereto, arrest without warrant any reason

A Police officer may arrest without warrant any person committing in his presence in any street or public place any non cognizable offence punishable under this Act, or under any rule thereunder and for which no express provision has been made elsewhere or under any other law for the time being in force, if such person (i) after being warned by a Police officer persists in committing such offence, or (ii) refuses to accompany the Police officer to a Police Station on being required so to do.

(1) The Police shall take temporary charge- (a) of all unclaimed property found by, or made over to them, and also; (b) of all property found lying in any public street, if the owner or person in charge of such property on being directed to remove the same, refuses or omits to do so. (2) In Greater Bombay the property of which the Police have taken charge under sub-section (1) shall be handed over to the Commissioner.

(1) In any area for which a Commissioner has been appointed if any property of the nature referred to in Sec. 82 appears to have been left by a person who has died intestate, and not to be under four hundred rupees in value, the Commissioner shall communicate with the Administrator-General, with a view to its being dealt with under the provisions of the Administrator-Generals Act, 1913 (11 of 1913) or other law for the time being in force. (2) In area outside the charge of a Commissioner the property shall be delivered to the police-patel, if any, of the town or village in which the same was found, and a receipt therefor taken from police-patel, who shall forward such property to the Magistrate, to whom such police- patel is subordinate. If in any such case there be no police-patel of such town or village, the Police shall forthwith report to such Magistrate as the Magistrate of the district shall, from time to time, appoint in this behalf, and act thereafter as the said first mentioned Magistrate shall direct.

If the property regarding which a report is made to a Magistrate under Sec. 83 or under Sec. 19 of the Bombay Village Police Act, 1867 (Bom. VIII of 1867), or of that Act as in the Kutch area of the State of Bombay, or under Sec. 21 of the Saurashtra Village Police Ordinance, 1949 (Sau. Ord. XXXII of 1949) appears to such Magistrate to have been left by a person who has died intestate and without known heirs and to be likely, if sold in public auction, to realise more than four hundred rupees net proceeds, he shall communicate with the District Judge with a view to its being dealt with under the provisions of Sec. 10 of Bombay Regulation VIII of 1827 (a Regulation to provide for the formal recognition of heirs, etc.) or other law in force.

(1) In any case not covered by Sec. 83 or 84 the Commissioner or the Magistrate concerned, as the case may be, shall issue a proclamation specifying the articles of which such property consists and requiring any person who may have a claim thereto to appear before himself or some other officer whom he appoints in this behalf and establish his claim within six months from the date of such proclamation. (2) Power to sell perishable property at once. If the property, or any part thereof, is subject to speedy and natural decay, or consists of live-slock, or if the property appears to be of less value than five rupees, it may be forthwith sold by auction under the orders of the Commissioner, or the Magistrate concerned, as the case may be, and the net proceeds of such sale shall he dealt with in the same manner as is hereinafter provided for the said property.

(1) The Commissioner or the Magistrate concerned, as the case may be, shall, on being satisfied of the title of any claimant to the possession or administration of the property specified in the proclamation issued under sub-section (1) of Sec. 85, order the same to be delivered to him, after deduction or payment of the expenses properly incurred by the Police in the seizure and detention thereof. (2) Power to take security. The Commissioner or the Magistrate concerned, as the case may be, may, at his discretion. before making any order under sub-section (1), take such security as he may think proper from the person to whom the said property is to be delivered and nothing hereinbefore contained shall affect the right of any person to recover the whole or any part of the same from the person to whom it may have been delivered pursuant to such order.

If no person establishes his claim to such property within the period specified in the proclamation, it shall be at the disposal of the State Government and the property, or such pan thereof as has not already been sold under sub-section (2) of Sec. 85, may be sold by auction under the orders of the Commissioner, or the Magistrate concerned, as the case may be.

Nothing in the Indian Succession Act, 1925 (XXXIX of 1925), or in the Administrator-Generals Act, 1913 (III of 1913), shall apply to intestate property which is dealt with by the Commissioner, under sub-section (1) of Sec. 85, nor shall the provisions of Sec. 10 of Regulation VIII oh 1827 or of any corresponding law in force likewise be deemed to apply to instate property which is dealt with by a Magistrate under sub-section (1) of Sec. 85.

In any area outside the charge of a Commissioner, a Police officer may take charge of any animal falling under the provisions of the Cattle Trespass Act, 1871 (I of 1871) or as the case may be under the Hyderabad Cattle Trespass Act which may be found straying in a street, and may take or send the same to the nearest pound, and the owner and other persons concerned shall thereon become subject to the provisions of the relevant Act.

(1) In any area other than Greater Bombay under the charge of a Commissioner the Commissioner shall, from time to time, appoint such places as he thinks fit to be public pounds, and may appoint to be keepers of such pounds Police officers of such rank as may be approved by the State Government. (2) Every pound-keeper so appointed shall, in the performance of his duties, be subject to the direction and control of the Commissioner.

It shall be the duty of every Police officer, and it shall be lawful for any other person, to seize and take to any such public pound for confinement therein, any cattle found straying in any street or trespassing upon any private or public property in any area other than Greater Bombay under the charge of a Commissioner.

If the owner of the cattle impounded under Sec. 91 or his agent appears and claims the cattle, the pound-keeper shall deliver them on payment of the pound-fees and expenses chargeable in respect of such cattle under Sec. 94.

(1) If within ten days after an animal has been impounded, no person appearing to be the owner of such animal offers to pay the pound-fee and expenses chargeable under Sec. 94, such animal shall be forthwith sold by auction and the surplus remaining after deducting the fee and expenses aforesaid from the proceeds of the sale shall be paid to any person who, within fifteen days after the sale, proves to the satisfaction of such officer as the Commissioner authorises in this behalf that he was the owner of such animal, and shah in any other case, form part of the consolidated fund of the State. (2) No police officer or pound-keeper shall, directly or indirectly, purchase any cattle at a sale under sub-section (1).

(1) The pound-fee chargeable shall be such as the State Government may, from time to time by notification in the official Gazette, specify for each kind of animal. (2) The expenses chargeable shall be at such rates for each day during any part of which an animal is impounded, as shall from time to time be fixed by the Commissioner in respect of such animal.

(1) Notwithstanding anything contained in Sec. 153 of the Code of Criminal Procedure, 1898 [V of 1898], any Police officer generally or specially deputed, in any area under the charge of a Commissioner by the Commissioner and elsewhere, by the District Superintendent or any other officer specially empowered in that behalf by the State Government, may without warrant enter any shop or premises for the purpose of inspecting or searching for any weights or measures or instruments for weighing or measuring used or kept therein. (2) If he finds in such shop or premises weights, measures or instruments for weighing or measuring which he has reason to believe are false, he may seize the same and shall forthwith give information of such seizure to the Magistrate having jurisdiction, and if such weights, measures or instruments shall be found by the Magistrate to be false, they shall be destroyed. (3) Weights and measures purporting to be of the same denomination as weights and measures, the standards whereof are kept under any law from time to time in force shall, if they do not correspond with the standards, be deemed to be false within the meaning of this section.

(1) Notwithstanding anything contained in Secs. 129, 130, sub-section (2) of Sec. 167, and Sec. 173 of the Code of Criminal Procedure, 1898 (V of 1898)- (i) the powers and duties of a Magistrate under Sees. 129. and 130 of that Code may, in any area under the charge of a Commissioner, be exercised and performed by the Commissioner. (ii) the Presidency Magistrate in Greater Bombay to whom an accused person is forwarded under sub-section (9) of Sec. 167 of the Code, may, whether he has or has not jurisdiction to try the case, from time to time, authorise the detention of the accused in such custody as such Magistrate thinks fit for a term not exceeding fifteen days at a time. (iii) the officer in charge of the Police station shall forward his report under Sec. 173 of the Code to the Commissioner or such other officer as the Commissioner may direct in that behalf. (2) Nothing contained in Sec. 62 of the Code of Criminal Procedure, 1898 (V of 1898), shall operate to require any officer-in-charge of a Police Station in any area under the charge of a Commissioner to submit any report provided for by that section to any Magistrate. (3) Sections 127 and 128 of the Code of Criminal Procedure, 1898 (V of 1898), in their application to Greater Bombay any other area for which a Commissioner has been appointed shall be amended as follows :- (a) in Sec. 127, for the words “police station” the words “section or any police officer not below the rank of a sub-inspector authorised by the State Government in this behalf” shall be substituted; (b) in Sec. 128, for the words “police station whether within or without the presidency-towns” the words and figures “section or any police officer authorised under Sec. 127” shall be substituted.

A Police officer of rank superior to that of constable may perform any duty assigned by law or by a lawful order to any officer subordinate to him; and in case of any duty imposed on such subordinate, a superior where it shall appear to him necessary, may aid, supplement, supersede or prevent any action of such subordinate by his own action or that of any person lawfully acting under his command or authority, whenever the same shall appear necessary or expedient for giving more complete or convenient effect to the la w or for avoiding an infringement thereof.

(1) The State Government may, by notification in the official Gazette, declare any specified service to be an essential service to the community: Provided that such notification shall remain in force for one month in the first instance, but may be extended, from time to time, by a like notification. (2) Upon a declaration being made under sub-section (1) and so long as it remains in force, it shall be the duty of every Police officer to obey any order given by any superior officer in relation to employment upon or in connection with the service specified in the declaration; and every such order shall be deemed to be a lawful order within the meaning and for the purposes of this Act.