Ahmednagar Jilha Maratha Vidya Prasarak Samaj’s

NEW LAW COLLEGE, AHMEDNAGAR

CRIMINAL MINOR ACT

(Subject Code - LC 0707)

STUDY MATERIAL
FOR
L.L.B-II, B.A.LL.B. – IV (Sem. – VII) Pattern – 2017

By
VANDANA BHIVSAN SIRSATH VIDYA .R.SANGALE
(Asst. Prof.New law college Ahmednagar) ( Asst.prof.New law college Ahemednagar)
B.A (Hons.), LL.M.,( Ph.D.appeaer (Law)), L.L.M( Law set)

ACADEMIC YEAR
2020-21

1
 DECLARATION
This work compilation information ,collected from various sources, out of which some are mentioned below.
This work intended for only educational purpose and not intended or permitted for any other use by method.
No commercial use is intended or permitted by this compilation of content.

It is grateful to all persons, organization ,etc for making this content available.

Student are advised to refer bare acts of concerned law and in case discrepancy, content of bare acts shall be
adhered.
In case of difficulties be free to ask.

2
 CONTENT

MODULE. PARTICULARS PAGE.

NO. NO.
The Maharashtra policeAct,1951 .
MODULE 06-64
Scope and objects and historical perspectives of the Act Important
No:1
Definitions

Regulation of Public Acts and Police powers under chapter III

Special Measures for maintenance of Public Order and Safety of State. Executive Powers
and Duties of the Polices

Offences and Punishment under the Maharashtra Police Act, 1951

The Prevention of Corruption Act 1988:

MODULE 65-74
Legislative History, Object and Scope of the Act- Public Duty and Public Servant
No:2
Defined.

Appointment of Special Judges Offences and Penalties

Investigation into cases under the Act

Sanction for Prosecution Special Procedure: Change in Rules of Evidence and Criminal
Procedure (Secs. 20-24)

MODULE 75-87
No:3 The Maharashtra control of organized crime Act,1999.

Legislative History, Object and Scope of Maharashtra Control of organized Crime Act

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 1999

Organized Crime: Definition and scope punishment

Courts and Public Prosecutor (Sec 6-12)

Interception of wire, electronic or oral communication (Sec 13-16)

Special Procedure: Change in Rules of Evidence and Criminal Procedure (Sec 17- 23)

MODULE The Narcotic Drugs and psychotropic 88-113

No:4 Substances Act 1985
Legislative history, object and intent of
NDPS Act 1985 Authorities and officers under the NDPS Act1985

Prohibition, Control and Regulation of narcotic Drugs and psychotropic

substances

Offences and Punishments under the NDPS Act 1985

Procedure under NDPS Act

MODULE The juvenile Justice ( Care and Protection of Children) 114-

No:5 Act2015 Objects, Application and definition under this Act 131

General principal of care and protection of children

Juvenile justice Board

child and welfare committee

Procedure in Relation in children in need of care and

protection

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 Rehabition and social Reintegration

Adoption

Other offences Against children

MODULE Introduction to cyber crimes Relevannt provision under 132-

the Information technology Act,2000
No:-6 143
Object Application and Relevant definition under this Act

Silent feature of the act

Offences, punishment and procedure o Investigation and trial

Exemption from liability of intermediary in certain cases

u/s.79

144
BIBLIAGROPHY

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 MODULE- 1

THE MAHARASHTRA POLICE ACT 1951

An Act to consolidate and amend the law for the regulation of the Police Force in the State of Bombay

History of Maharashtra police Act:

-
During the 17th century (until 1655), the area of present-day Mumbai was

under Portuguese control. The Portuguese formed a basic law enforcement structure in this

area with the establishment of a Police outpost in 1661.

The origins of the present day Mumbai police can be traced back to a militia organized

by Gerald Aungier, the then Governor of Bombay in 1669. This Bhandari Militia was

composed of around 500 men and was headquartered at Mahim, Sevree and Sion In 1672, the

judicial overview of police decisions by courts was introduced, although none of the judges

had any actual legal training. The situation remained unchanged through the Maratha

wars. However, by 1682, policing remained stagnant. There was only one ensign for the

whole Bhandari militia, and there were only three sergeants and two corporals.

In 1936, the sind province police was split from the Bombay province police. In 1947, It was

renamed to Bombay state police, following India’s independence .After the states

Reorganisation act,1956,the Bombay state was divided into Gujarat police ( later renamed

Karnataka police) and Maharashtra Police.

An Act to consolidate and amend the law for the regulation of the Police Force in the State of Bombay
Whereas, it is expedient to amalgamate the District and Greater Bombay Police Forces [and the Police Forces
of the Saurashtra, Kutch and Hyderabad areas, and of the Vidarbha region of the State of Bombay] into one
common Police Force and to introduce uniform methods regarding the working control of the said Force
throughout the State; And whereas it is necessary to
consolidate and amend the law relating to the regulation of the said Force and the exercise of

powers and performances of functions by the State Government and by the members of the said
6
Force for the maintenance of public order.

Objects : -

It shall come into force [in the pre-Reorganisation State of Bombay] on such date as

the State Government may, by notification in the Official Gazette [specify in this behalf], and in

that part of the State to which it is extended by the Bombay Police (Extension and Amendment)

Act, 1959, it shall come into force on such other date as that Government may by like

notification specify.

2. Definitions. -
(1) cattle -

includes elephants, camels, horses, asses, mules, sheep, goats and swine;

(2) "Corporation"

means a Corporation constituted under the Bombay Municipal Corporation Act or the Bombay
Provincial Municipal Corporations Act, 1949 [of the City of Nagpur Corporation Act, 1948];

(3) The expression "

competent authority" when used with reference to the exercise of performance of any power,
duty or function under the provisions of this Act, means-

(a) in relation to Greater Bombay and other areas for which a Commissioner of Police is appointed
under section 7, the Commissioner;

(b) in relation to the areas other than those referred to in clause (a), the District Magistrate or
the [Superintendent] or the Additional Superintendent when specially empowered in that behalf by
the State Government;

(c) in relation to a revenue division, the Revenue Commissioner;

(4) "constable"

means a police officer of the lowest grade;

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(4A) "dancing school" means any place (by whatever name called) where dancing of any kind is taught to,
or practised by, persons on admission thereto either on payment of fees or with or without any other
consideration; but does not include any institution where dancing is taught or practised as one of the
subject of its curriculum and the institution is for the purposes of this Act duly recognised by the
Government or any officer duly authorised by Government in that behalf.

(5) "district"

means a territorial division constituting a district for the purposes of the [Code of Criminal Procedure,
1898], but does not include [any area for which a Commissioner of Police has been appointed under
section 7];

[(5A) "eating house" means any place to which the public are admitted, and where any kind of food or
drink is supplied for consumption in the premises by any person owning or having an interest in or
managing such place, and includes a refreshment room, boarding-house, coffee-house or a shop where
any kind of food or drink is supplied to the public for consumption in or near such shop; but does not
include "place of public entertainment"];

[(6) "Director General and Inspector General", "Additional Director General and Inspector General",
"Special Inspector General", "Commissioner", "Joint Commissioner", "Additional Commissioner",
"Deputy Inspector General", "Deputy Commissioner", "Assistant Commissioner", "Superintendent",
"Additional Superintendent" "Assistant Superintendent" and "Deputy Superintendent" means
respectively, the Director General and Inspector General of Police, Additional Director General and
Inspector General of Police, Special Inspector General of Police, Commissioner of Police, Joint
Commissioner of Police, Additional Commissioner of Police, Deputy Inspector General of Police
(including the Director of Police Wireless and Deputy Inspector General of Police, Police Motor
Transport appointed under section 8A), Deputy Commissioner of Police, Assistant Commissioner of
Police, Superintendent of Police (including a Superintendent appointed under section 8A or 22A),
Additional Superintendent of Police, Assistant Superintendent of Police and Deputy Superintendent of
Police, appointed or deemed to be appointed under this Act.]

(7) "municipality"

means a municipality or municipal borough established under any law for the time being in force in any
part of the State, but does not include a Municipal Corporation];

(7A) "Municipal Commissioner", in relation to the Municipal Corporation of the City of Nagpur, means
the Chief Executive Officer by whatever name called;]

(8) "place"

8
 includes a building, a tent, a booth or other erection, whether permanent or temporary, or any area whether
enclosed or open.

(9) "place of public amusement"

means any place where music, singing, dancing, or any diversion or game, or the means of carrying on the
same, is provided and to which the public are admitted either on payment of money or with the intention
that money may be collected from those admitted and includes a race course, circus, theatre, music hall,
billiard room, bagatelle room, gymnasium, fencing school, swimming pool or dancing hall;

(10) "Place of public entertainment"

means a lodging-house, boarding and lodging house or residential hotel, and includes any eating house in
which any kind of liquor or intoxicating drug is supplied (such as a tavern, a wine shop, a beer shop or a
spirit, arrack, toddy, ganja, bhang or opium shop) to the public for consumption in or near such place;]

(11) "Police Officer"

means any member of the Police Force appointed or deemed to be appointed under this Act and includes a
special or an additional Police Officer appointed under section 21 or section 22;

(13) "public places"

includes the foreshore, the precincts of every public building or monument, and all places accessible to the
public for drawing water, washing or bathing or for the spurpose of recreation;

(13A) "Revenue Commissioner"

means the Commissioner of a Division appointed under section 6A of the [Bombay Land Revenue Code,
1879;]]

(15) "street"

includes any highway, bridge, way over a causeway, viaduct, arch, quay, or wharf or any road, lane,
footway, square, court, alley or passage accessible to the public, whether a thoroughfare or not;

(16) "subordinate ranks"

means members of the Police Force below the rank of the Inspector;

(17) "vehicle"

means any carriage, cart, van dray, truck, hand cart or other conveyance of any description and includes a
bicycle, a tricycle, a rickshaw, an automatic car, a vessel or an aeroplane.

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* Superintendence, control and organization of the Police Force:-
One Police Force for the [whole of the [State of Maharashtra. –( u/s.3)

There shall be one Police Force for the [whole of the [State of Maharashtra]] [and such

Police Force shall

include every Police officer referred to in clause (6) of section

Provided that, the members of the Police Forces constituted under any of the Acts mentioned

in Schedule I, immediately before the coming into force of this Act [in the relevant part of the

State] shall be deemed to be the members of the said Police Force.

Case law :-Sumit v/s Deputy Commissioner of Police, Zone-1 & Another (2017)

Superintendence of Police Force to vest in the State Government. –(u/s.4)

The superintendence of the Police Force throughout [the [State of Maharashtra]] vests in and

exercisable by the State Government and [subject to such superintendence, the Secretary to

the State Government in the Home Department, whether designated as Secretary, Home

sSecretary, Special Secretary, Additional Chief Secretary or otherwise, in charge of the Law

and Order Division of the Home Department shall exercise control, direction and supervision

over the Police Force].

Constitution of Police Force. –(u/s.5)

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 Subject to the provisions of this Act-the Police Force shall consist of such number in the several
ranks and have such
(a) organization and such powers, functions and duties as the State Government may by
(b) general or special order determine;

(b) the recruitment, pay, allowances and all other conditions of service of the Police Force shall be such as
may from time to time be determined by the State Government by general or special order:

Provided that-
[(i) the rules and orders governing the recruitment, pay, allowances and other conditions of service of
the members of the Police Force constituted under any of the Acts mentioned in Part I or II of
Schedule I and deemed to be the members of the Police Force under section 3, shall continue in
force until altered or cancelled under clause (b); but in the case of members of the Police Force
constituted under any of the Acts mentioned in Part II of that Schedule such alteration or
cancellation shall be subject to the proviso to sub-section (7) of section 115 of the States
Reorganisation Act, 1956;]

(ii) nothing in this clause shall apply to the recruitment, pay, allowances and other conditions of
service of the members of the Indian Police and Indian Police Service.

Inspector-General, Additional and Deputy Inspector-General. – (u/s.6)

(1) Subject to the provisions of section 4 for the direction and supervision] of the Police Force,

the State Government shall appoint a [Director-General and Inspector-General of Police] who

shall exercise such powers and perform such functions and duties and shall have such

responsibilities and such authority as may be provided by or under this Act, or orders made by

the State Government.

(2) (a) The State Government may appoint 2 [one or more Special Inspector-General of

Police] 3 [one or more Additional Inspectors-General] and one or more Deputy Inspectors-

General of Police.

(b) The State Government may direct that any one of the powers, functions, duties and

11
responsibilities and the authority of the Inspector-General may be exercised, performed or

discharged as the case, may be, by 4 [a Special Inspector-General or] 5 [an Additional Inspector-

General] or a Deputy Inspector-General.

(c)The State Government may also by a general or special order direct that [a Special Inspector-
General or] [an Additional Inspector–General] or Deputy Inspector–General shall assist and aid

the Inspector-General in the performance, exercise and discharge of his powers, functions,

duties, responsibilities and authority in such manner and to such extent as may be specified in the

order.

(d)6 [N. B.- Retrospective effect to Secs. 2 to 6 and indemnity of officers, etc

(1) The amendments made to the principal Act by Secs. 2 to 6 (both inclusive) of this Act shall be deemed to
have been made and come into force on the 20the day of November, 1963.

(2) All acts done in good faith by any police officer, or Additional police officer, Veterinary

Officer or Magistrate in pursuance or intended pursuance of the powers conferred on him by

Secs. 73 to 77 (both inclusive) of the principal Act as amended by this Act during the period

from the 20th November, 1963 to the date of commencement of Bombay Police (Amendment)

Act, 1964 shall be deemed to be and always be deemed to have been validly done, and no such

acts shall be deemed to be invalid or called in question on the ground only that the said powers in

purported exercise of which the said acts were done were not at the time when the said acts were

done lawfully vested in him, and all such officers and Magistrates are hereby indemnified and

12
discharged from civil and criminal liability.

Commissioner(u/s.7)

S(a) The State Government may appoint a police officer to be the Commissioner of Police of Greater Bombay
for any area specified in a notification issued by the State Government in this behalf and published in the
official gazette.

(b) The State Government 1 [may also appoint an additional Commissioner of Police for the areas] specified in
Cl. (a).

(c) The Commissioner shall exercise such powers, perform such functions and duties and shall have such
responsibilities and authority as are

provided by or under this Act or as may otherwise be directed by the State Government by general or special
order: Provided that the State Government may direct that any of the powers, functions, duties, responsibilities
or authority exercisable or to be performed or discharged by the Commissioner, shall be exercised, performed
or discharged subject to the control of the Inspector-General:

Provided further that the area for which a Commissioner has been appointed under the section shall not, unless
otherwise provided by or under this Act, to be under the charge of the District Magistrate or the District
Superintendent or any of the purpose of this Act, notwithstanding the fact that such area form 8.] part of a
district within the territorial jurisdiction for which a District Magistrate or a 2 [Superintendent] may have been
appointed

Appointment of Principals of Police Training Institutions.(U/S.9)

(1) The State Government may appoint any Police officer not below the rank of Superintendent to be the
Principal of the Police Training College, Nasik, or any other Police Training College established by it. The
State Government may assign to each of the Principals aforesaid, such powers, functions and duties, as it may
think fit.

(2) The State Government may appoint any Police Officer not below the rank of an Assistant or Deputy
Superintendent to be the Principal of any Police Training School, established by it. An officer (not below the
rank of a Deputy Inspector-General) authorized by the State Government in that behalf, may, subject to the
control of the State Government, assign to each Principal so appointed such powers, functions and duties as he
may think fit.

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 Deputies Commissioner(u/s.10)
(1) The State Government may appoint one or more Deputy Commissioners and one or more Assistant
Commissioners of Police 2 [* * *] in any area in which a Commissioner has been appointed under
Cl. (a) of Sec. 7. (2) Every such Deputy or Assistant Commissioner shall, under the orders of the
Commissioner, exercise and perform any of the powers, functions and duties of the Commissioner
to be exercised or performed by him under the provision of this Act or any other law for the time
being in force in accordance with general or special orders of the State Government made in this
behalf: Provided that the powers to be exercised by the Commissioner 3 [of making, altering or
rescinding rules under Sec. 33] shall not be exercisable by a Deputy Commissioner.
Assistant Commissioner within jurisdiction of Commissioners.(u/s.11)

(1) The State Government may appoint 7 [for any area for which a Commissioners of police has
been appointed under Sec. 7) such number of Superintendents of Police as it may think expedient.

(2) An Assistant Commissioner appointed under sub-section (1) shall exercise such powers and
perform such duties and functions as can be exercised or performed under the provisions

of this Act or other law for the time being in force or as are assigned to him by the

Commissioner under the general or special orders of the State Government: Provided that

the powers to be exercised by the Commissioner 9 [of making, altering or rescinding

rules under sSec. 33] shall not be exercisable by the Assistant Commissioner.

Constitution of divisions and sections(u/s.12)

(1) Subject to the control of the State Government, the Commissioner 10[for any area] shall, if he thinks fit-

(a) constitute 11[within the area under his charge], Police divisions,

(b) sub-divide the same into sections, and

(c) define the limits and extent of such divisions and sections.

(3) Officers-in-charge of divisions and sections. Each such division shall be in charge of an

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 Assistant Commissioner and each section shall be in charge of an Inspector of Police.

the State Government the Commissioner for the area for which he is appointed and the

Inspector-General for other areas shall appoint 1 Omitted by Mah Act 46 of 1962, Sec 3

and Sch. 2 The words “in Greater Bombay or” were deleted by the Maharashtra

Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

Certificate of appointment(u/s.14)

(1) Every Police officer of the grade of Inspector or below], shall on appointment receive a

certificate in form provided in Schedule II. The certificate shall be issued under the seal

of such officer as the State Government may, by general or special order direct.

(2) A certificate of appointment shall become null and void whenever person named therein

ceases to belong to the Police Force or shall remain inoperative during the period within

which such person is suspended from such force.

Effect of suspension of Police officer(u/s.15)

. The powers, functions and privileges vested in a police shall remain suspended whilst such

Police officer is under suspension from office: Provided that notwithstanding such suspension,

such person shall not cease to be a Police officer and shall continue to be subject to the control of

the same authorities to which he would have been, if he was not under suspension.

General powers of Commissioner and [Superintendent.(u/s.16)

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 The Commissioner, subject to the orders of the Inspector-General and the Superintendent,

subject to the orders of the Inspector-General and the District Magistrate, shall, within their

respective spheres of authority, direct and regulate all matters of arms, drill, exercise,

observation of persons and events, mutual relations, distribution of duties, study of laws, orders

and modes of proceedings and all matters of executive detail or the fulfilment of their duties by

the Police Force under him.

Control of District Magistrate over Police Force in district (u/s.17)

(1) The Superintendent and the Police Force of a district shall be under the control of the District
Magistrate
. (2) In exercising such control the District Magistrate shall be governed by such rules and
orders as the State Government may make in this behalf 4 [and shall be subject to the lawful
orders of the Revenue Commissioner]. Gujarat Amendment : In Sec. 17, in sub-section (2), the

words “and shall be subject to the lawful orders of the Revenue Commissioner” shall be deleted.5

Power of District Magistrate to require reports from [Superintendent] .(u/s18.)

The District Magistrate may require from the [Superintendent] reports, either particular or

general, or any matter connected with the crimes, habitual offenders, the prevent on of disorder,

the regulation of a assemblies and amusements, the distribution of the Police Force, the conduct

and character of any Police officer subordinate to the [Superintendent], the utilization of

auxiliary means and al1 other matters in furtherance of his control of the Police Force and the

maintenance of order.

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Power of supervision by district Magistrates(u/s.19)

If the District Magistrate observes any marked incompetence or unfitness for the locality or

for his particular duties in any Police officer subordinate to the [Superintendent], he may require

the Superintendent to substitute another officer for any officer whom he has power to transfer

and the Superintendent shall be bound to comply with the requisition: Provided that if the Police

officer concerned is an officer 1 (of a grade higher than that of an Inspector) the District

Magistrate may report his conduct to the Inspector-General. The Inspector-General may,

thereafter, determine the action to be taken and pass such orders as he thinks fit, and shall

communicate such action or order to the District Magistrate.

Power of Inspector-General and Commissioner to investigate and regulate matters of

Police accounts.(u/s.20)

The Inspector-General, throughout the 2 [State] and the Commissioner in the area for which he is

appointed, shall, subject to the orders of the State Government, have authority to investigate and
(3) regulate all matters of account connected with the Police in the [State] or in the area, as the case
(4) may be, and all persons concerned shall be bound to give him reasonable aid and facilities in
conducting such investigations and to conform to his orders consequent thereto.

Special Police officers( u/s.21)

The Commissioner, the District Superintendent, or any Magistrate 3 specially empowered in this behalf by the
State Government, may, at any time by a written order signed by himself and sealed with his own seal, appoint
any able bodied male person between the ages of 18 and 50, whom he considers fit to be a special Police officer
to assist the Police Force on any occasion, when he has reason to apprehend the occurrence of any riot or grave

17
disturbance of the peace within the limits of his charge and he is of opinion that the ordinary Police Force is not
sufficient for the protection of the inhabitants and for the security of property. (1) Every special Po1ice officer
so appointed shall on appointment- (a) receive a certificate in a form approved by the State Government in this
behalf. (b) have the same powers, privileges and immunities and be liable to the same duties and
responsibilities and be subject to the same authorities as an ordinary Police officer.
Appointment of additional Police(u/s.22)
(1) Additional Police officers of such rank or grade for such time and on such pay as the authority specified or
under the provisions of this Act in that behalf may determine, may be employed or deputed for the purpose
stated in such provisions.

(2) Every additional Police officer appointed shall, on appointment, -

(a) receive a certificate in a form approved by the Stale Government in this behalf,
(b) be vested with all or such of the powers, privileges and duties of a Police officer as are specially mentioned
in the certificate, and
(c) be subject to the orders of the Commissioner or the Superintendent, as the case may be.

(2) The employment or deputation of such additional Police officer may be made at the request of any
person requiring such Police and the cost of such employment, shall be recovered in such matter as is
provided by or under this Act of under any other law for the time being in force.
Appointment of Railway Police. (u/s.22-A.)
(1) The State Government may, by notification in the official Gazette, create one or more special police
district embracing such railway areas in the State as it may specify, and appoint a Superintendent of
Police
(2) Subject to the control of the Inspector-General, such police officers shall discharge police
functions connected with the administration of railways situated within their respective charges, and such other
functions as the State Government may from time to time assign to them.
(3) Any member of the said Police Force whom the State Government shall generally or specially empowered
to act under this sub-section may, subject to any orders which the Government may make in this behalf,
exercise within the special district or any part thereof, any of the powers of an officer in charge of a police
station in that district, and when so exercising such powers shall, subject to any such order as aforesaid, be
deemed to be an officer in charge of the police station discharging the functions of such officer within the limits
of his station.
(4) Subject to any general or special orders which the State Government may make in this behalf, such police
officers shall, in the discharge of their functions, be vested within every part of the State with the powers and
privileges and be subject to the liabilities of police officers under this Act or any other law for the time being in
force.

18
(5) The Superintendent of Police may, with the previous permission of the State Government, delegate any of
the powers and functions conferred on him by or under this Act to an Assistant or Deputy Superintendent].

Regulation, Control and Discipline of the Police Force

Framing of rules for administration of the Police.(u/s.23)
Subject to the orders of the State Government the Commissioner in the case of the Police Force allocated to
Greater Bombay and other areas for which he bas been appointed and the Inspector-General in the case of the
Police Force allocated to other areas, may make rules or orders not inconsistent with this Act or with any other
enactment for the time being in force- (a) regulating the inspection of the Police Force by his subordinates;
(b) determining the description and quantity of arms, accoutrements, clothing and other necessaries to be
furnished to the Police;
(c) prescribing the places of residence of members of the Police Force; (d) for institution, management and
regulation of any Police fund for any purpose co
nnected with police administration;
(e) regulating, subject to the provisions of Sec. 17, the distribution movements and location of the Police;
(f) assigning duties to Police officers of all ranks and grades, and prescribing –
(i) the manner in which, and
(ii) the conditions subject to which, they shall exercise and perform their respective powers.and 1 This section
was inserted by Bom Act 34 of 1959, See 12. 2 Ins by Maharashtra Act 28 of 1964. 3 Ins by Maharashtra Act
28 of 1964. 12 duties:
(g) regulating the collection and communication by the Police of intelligence and information;
(h) generally, for the purpose of rendering the Police efficient and preventing abuse or neglect of their duties.
Gujarat Amendment: In Sec. 23, omit “Greater Bombay and other”.

Inspector- General or Commissioner may call for returns.(u/s.24)

(l) The Inspector-General may, subject to the rules and orders of the State Government, call for such returns,
reports and statements on subject connected with the suppression of crime, the maintenance of order and the
performance of their duties as his subordinates may be able to furnish to him.
The Inspector-General shall communicate to the District Magistrate 2 [and the Revenue Commissioner]
any general orders issued by him for the purposes aforesaid or in consequence of the information furnished to
him, and also any orders which the State Government may direct.
(2) The Commissioner may subject as aforesaid with reference to the area under his charge, call for
such reports, returns and statements as are pro25. Punishment of the members of the subordinate
ranks of the Police Force departmentally for neglect of duty etc.
(1) The State Government or any officer authorised by sub-section (2) in that behalf may suspend,
reduce, dismiss or remove 2 [an Inspector or] any member of the subordinate ranks of the Police

19
 Force whom he shall think cruel, perverse, remiss or negligent in the discharge of his duty or unfit
for the same, and may fine in an amount not exceeding one month's pay, any member of the
subordinate ranks of the Police Force.
(2) Punitive powers of Inspector-General, Commissioner, Deputy Inspector-

(a) The Inspector-General, the Commissioner and the Deputy Inspector-General 6 [(including the
Director of Police Wireless) shall have authority to punish 7 [an Inspector or] any member of the
subordinate ranks under sub-section (1), A 5 [Superintendent] shall have the like authority in respect
of any Police officer subordinate to him below the grade of Inspector 8 [and may suspend an
Inspector who is subordinate to him pending inquiry into a complaint against such Inspector and
until an order of the Inspector-General or Deputy Inspector-General 4 [(inc1uding the Director of
Police Wireless) can be obtained
(b) The Principal of 9 [a Police Training College] shall also have the like authority in respect of
any member of the subordinate ranks of the Police Force below the grade of inspector serving under him, and
in respect of head constables and constables belonging to the Police Force or of any other district all attached
to for duty under him, He may also suspend an Inspector who is subordinate to him pending inquiry into a
complaint against such Inspector and until an order of the Inspector-General or Deputy Inspector General can
be obtained training at such school or serving under him, or attached to such school for duty under him.
Procedure to be observed in awarding punishment(u/s.26)
When any officer passes an order for fining, suspending, reducing, removing or dismissing a Police officer, be
shall record such order or cause the same to be recorded, together with the reasons therefore and a note of the
inquiry made, in writing, under his signature. Provided that 3 [no order for reducing, removing or dismissing a
Police officer] shall be passed without giving him a reasonable opportunity of showing cause against the action
proposed to be taken against him except in cases referred to in the proviso (a) to CI. (2) of Art. 311 of the
Constitution.
Appeals from orders of punishment (u/s27)
An appeal against any order passed against a Police officer under Sec. 25 or the rules or orders thereunder shall
lie to the State Government itself or to such officer as the State Government may by general or special order
specify.
Divisional powers of State Government, Inspector-General and Deput Inspector (27-A). General. The
State Government, the Inspector-General or a Deputy Inspector-General may, suo motu or on application made
to him within the prescribed period in this behalf, call for and examine the record of any inquiry or proceeding
of any subordinate police office order" (a) confirm, modify or reverse any such order
, (b) impose any penalty or set aside, reduce, confirm or enhance penalty imposed by such order,
(c) direct that further inquiry may be held, or

20
(d) make such other order as. in circumstances of the case, it or be may deem fit: Provided that an order in
revision imposing or enhancing penalty shall not be passed unless the police officer affected thereby has been
given a reason able opportunity of being heard: Provided further that no order in revision shall be passed-
(i) in a case where an appeal against the decision or order passed in such inquiry or proceeding bas been filed,
when such appeal is pending; (ii) in a case where an appeal against such decision or order, has not been filed.
before the expiry of the period provided for filing such appeal; and
(iii) in any case after the expiry of a period of three years from the date of the decision or order sought to be
revised.
Police officers to be deemed to be always on duty and to be liable to employment in any part of the
State(u/s.28)
(1) Every Police officer not on leave or under suspension shall for all purposes of this Act be deemed to be
always on duty, and any Police officer or any number or body of Police officers allocated for duty in one part of
the State may, if the State Government or the Inspector General so directs, at any time, be employed on Police
duty in any other part of the State for so long as the services of the same may be there required.
(2) lntimation of proposed transfers to be given by the Inspector-General to the Commissioner and District
Magistrate.

the Amendment: In Section 28, in sub-section (2), the words 'the Revenue Commissioner and' shall be
deleted.3 29. Under what conditions Police officer may resign. 4 (1) No Police 2 [Revenue Commissioner]
and the Distrct Magistrate by the Inspector-General, of any proposed transfer under this section, and,
except, where secrecy is necessary the reasons for the transfer shall be explained; whereupon the officers
aforesaid and their subordinates shall give all reasonable furtherance to such transfer by Maharashtra
Act 28 of 1964. 16 such Police officer until he has fully
discharged any debt due by him as such Police officer to Government or to any Police

Under what conditions Police officer may resign(u/s.29)

(1) No Police officer 5 [of the grade of Inspector or] of the subordinate rank shall resign his office or withdraw
himself from the duties thereof except with the written permission of the Commissioner or the Deputy
Inspector-General, Criminal Investigation Department, or of the Principal of or of the District Superintendent
or of some other Police officer empowered by the Inspector-General or the Commissioner to grant such
permission.

(2) If any such Police officer produces a certificate signed by the Police Surgeon or the Civil Surgeon declaring
him to be unfit by reason of disease or mental or physical incapacity for further service in the Police, the
necessary written permission to resign shall forthwith be granted to him on his discharging or giving

21
satisfactory security for the payment of any debt due by him as such Police officer to Government or to any
Police fund.

(3)Arear of pay of a Police officer contravening this section may be forfeited. If any such Police officer as
aforesaid resigns or withdraws himself from the duties of his office in contravention of this section, be shall be
liable on the order of the Commissioner,
Amendment: In Sec. 29, (a) In sub-section (1), for the words "a Police Training School" the words "a
Police Training College or School" shall be substituted; (b) in sub-section (3), for the words “the Police
Training School”, the words “the Police Training College or School” shall be substituted.

Certificates, arms, etc. to be delivered up b, person ceasing to be a police officer(u/s.30)

(l) Every person who for any reason ceases to be a police officer shall forthwith deliver up to some officer
empowered by the Commissioner or the Deputy Inspector-General, Criminal Investigation Department, or the
Principal or the District Superintendent to whom such Police officer is subordinate to receive the same, his
certificate of appointment or of office and the arms, accoutrements, clothing and other necessaries which have
been furnished to him for the performance of duties and functions connected with his office.
(2) If not delivered up may be seized under a search warrant. Any Magistrate and, for special reasons which
shall be recorded in writing at the time the Commissioner or the Deputy InspectorGeneral, Criminal
Investigation Department. or the Principal of 1 [the Police 2 [Training College]] or any 3 [Superintendent]
Assistant Superintendent or Deputy Superintendent may issue a warrant to search for and seize, wherever they
be found, any certificate, arms, accoutrement, clothing or other necessaries not so delivere.
The Deputy Inspector-General, Criminal Investigation Department, the Principal of the Central
Police Training School, Nasik, the District Superintendent, the Assistant Superintendent or the Deputy
Superintendent issuing the warrant so directs, by any other person.
(3 ) Saving of certain articles. Nothing in this section shall be deemed to apply to any article which, under the
orders of the Inspector-General, or the Commissioner, as the case may be, has become the property of the
person to whom the same was finished.

Occupation of and liability to vacate premises provided Police officers(u/s.31)

(1) Any police officer occupying any premises provided by the State Government for his residence –
(a) shall occupy the same subject to such conditions and terms as may generally or in special cases, be specified
by the State Government, and
(b) shall, notwithstanding anything contained in any law for the time being in force vacate the same on his
ceasing to be a Police officer or whenever the State Government or any officer authorized by the State
Government in this behalf thinks it necessary and expedient to require him to do so

22
. (2) If any person who is bound or required under sub-section (1) to vacate any premises fails to do so, the
State Government or the officer authorised in this behalf by the State Government may order such person to
vacate the premises and may direct any Police officer with such assistance as may be necessary to enter upon
the premises and remove therefrom any. person found therein and to take possession of the premises and deliver
the same to any person specified in the direction.

Police Regulations
. Power to make rules or regulation of traffic and for presentation of order in public place, etc(u/s.33)
The Commissioner with respect to any of the matters specified in this sub-section, the District
Magistrate with respect to any of the said matters (except those falling under Cls. 4 [(a), (b), (d). (db), (e), (g),
(r), (t) and (u)]) thereof and the Superintendent of Police with respect to the matters falling under the clauses
aforementioned read with CI. (y) to this sub-section], in areas under their respective charges or any part thereof,
may make, alter or rescind rules or orders not inconsistent with this Act for-

(a) licensing and controlling persons offering themselves for employment at quays, wharves and landing
places, and outside Railway stations for the carriage of passenger's baggages and fixing and providing for
the enforcement of a scale of charges for the labour of such persons so employed; (b) regulating traffic of
all kinds in streets and public places, and the use of
(b) streets and public places by persons riding, driving, Cycling, walking or leading or accompanying cattle, so
as to prevent 1 Vide Gujarat Act 16 of 1978, Sec. 8, w.e.f. 3-3-1978. 2 This section was substituted for the
original by Bom 34 of 1959, Sec. 16. 3 Subs by Maharashtra Act XIII of 1965. 4 Subs by Maharashtra Act
45 of 1967. 19 danger, obstruction or inconvenience to the public;
(c) (c) regulating the conditions under which vehicles may remain standing in streets and public places, and
the use of streets as halting places for vehicles or cattle;
(d) (d) prescribing the number and position of lights to be used on vehicles in streets and the hours between
such lights shall be used;
1 [(da) licensing, controlling or prohibiting the display of any pictures, advertisements, news boards or public
notices upon a vessel or boat in territorial waters or on inland waterways other than national waterways;
2 [(db) licensing, controlling or prohibiting the erection, exhibition, fixation or retention of any sign, device or
representation for the purpose of advertisement, which is visible against the sky from some point in any street
and is hoisted or held aloft over any land, building or structure at such height as (regard being had to the traffic
in the vicinity, and the likelihood of such sign, device or representation at that height being a distraction or
causing obstruction to such traffic) may be specified in the rule or order ;]
(e) prescribing certain hours of the day during which cattle shall not be driven along the streets, or along
certain specified streets, except subject to such regulations as he may prescribe in that behalf;

23
(f) regulating the leading, driving, conducting or conveying of any elephant or wild or dangerous animal
through or in any street;
(g) regulating and controlling the manner and mode of conveying timber, scaffold poles, ladders, iron girders,
beams or bars, boilers or other unwieldy articles through the streets, and the route and hours for such
conveyance ;
(h) licensing, controlling or, in order to prevent the obstruction, inconvenience, annoyance, risk, danger or
damage of the residents or passengers in the vicinity, prohibiting the carrying in streets and public places of
gunpowder or any other explosive substances;
(i) prohibiting except along certain specified streets and during specified hours and subject to such regulations
as he may prescribe in that behalf, the exposure or movement in any street of persons or animals suffering from
contagious or infectious diseases and the carcasses of animals or part thereof and the corpses of persons
deceased;
(j) prescribing certain hours of the day during which odour or offensive matter or objects shall not be taken
from or into houses or buildings in certain streets or conveyed through such streets except subject to such rules
as he may make in that behalf;
(k) setting apart places for the slaughtering of animals, the cleaning of carcasses or hides, the deposit of
noxious or offensive matter and for obeying calls of nature
; (l) in cases of existing or apprehended epidemic or infectious disease of men or animals, the cleanliness and
disinfection of premises by the occupier thereof and resident therein and the segregation and management of
the persons or animals diseased or supposed to be diseased, as may have been directed or approve by the State
Government, with a view to prevent the disease of to check the spreading thereof;
(m) directing the closing or disuse, wholly or for certain purposes, or limiting to certain purposes only the use
of any source, supply or receptacle of water and providing against pollution of the same or of the water therein;
(n) licensing, controlling or, in order to prevent the obstruction, inconvience, annoyance, risk, danger or
damage of the residents or passengers in the vicinity, prohibiting the playing of music, the beating of drums,
tom-toms of other instruments and the blowing or sounding of horns or other noisy instruments in or near
streets or public places;
(o) regulating the conduct of and behaviour or action of persons constituting assemblies and processions on or
along the streets and prescribing in the case of processions, the routes by which, the order in which and the
times at which the same may pass;
(p) prohibiting the banging or placing of any cord or pole across a street or part thereof, or the making of a
projection or structure so as to obstruct traffic or the free access of light and air;
(q) prohibiting, except under such reasonable rules as he may make, the placing of building materials or other
articles or the fastening or detention of any horse or other animals in any street or public places.
(r) licensing, controlling or, in order to prevent obstruction, inconvenience, annoyance, risk, danger or damage
of the residents or passengers in the vicinity, prohibiting-

24
(i) the illumination of streets and public places and the exteriors of building abutting thereon by persons other
than servants of Government or Municipal officers duly authorized in that behalf;
(ii) the blasting of rock or making excavations in or near streets or public places;
(iii) the using of a loudspeaker in 1 [or near any public place or in any] place of public entertainment;
(s) closing certain streets or places temporarily, in cases of danger from ruinous buildings or other cause, with
such exceptions as shall appear reasonable;
(t) guarding against injury to person and property, in the construction, repair and demolition of building,
platforms and other structures from which danger may arise to passengers, neighbours or the public;
(u) prohibiting the setting fire to or burning any straw or other matter, or lighting a bonfire or wantonly
discharging a fire, arm or airgun, or letting off or throwing a fire- work or, sending up a fire balloon or rocket
in or upon or within fifty feet of a street or building or the putting up of any post or other thing on the side of or
across a street for the purpose of affixing thereto lamps or other contrivances for illumination, except subject to
such reasonable rules, as he may make in that behalf;
(v) regulating the hours during which and the manner in which any place for the disposal of the dead, any
dharamshala, village-gate or other place of public resort may be used, so as to secure the equal and appropriate
application of its advantages and accommodation and to maintain orderly conduct amongst those who resort
thereto;
(w) (i) licensing or controlling places of public amusement or entertainment;
(ii) prohibiting the keeping. of places of public amusement or entertainment or assembly, in order to prevent
obstruction, inconvenience, annoyance, risk, danger or damage to the residents or passengers in the vicinity
; (iii) regu1ating the means of entrance and exit at places of public amusement or entertainment or assembly,
and providing for the maintenance of public safety and the prevention of disturbance thereat;
1 [(wa) (i) licensing or controlling 2 [in the interest of public order decency or morality or in the interest of the
general public with such exceptions as may be specified, the musical, dancing, mimetic or theatrical or other
performances for public amusement, including melas and tamashas ;
(ii) regulating in the interest of public order, decency or morality or in the interest of the general public, the
employment of artists and the conduct of the artists and the audience at such performances;
(iii) prior scrutiny of such performances 2 [and of the scripts in respect thereof, if any, and granting of
suitability certificate therefore subject to conditions, if any, by the Board appointed by the State Government
for the purpose, either for the whole State or the area concerned the members of the Board being persons who
in the opinion of the State Government possess knowledge of, or experience in literature, the theatre and other
matters relevant to such scrutiny, or by an Advisory Committee appointed by the Commissioner, or the District
Magistrate in this behalf ; Provision for appeal against the order or decision of the Board to the prescribed
authority, its appointment or constitution, its procedure and other matters ancillary thereto, and the fees
(whether in the form of court-fee stamp or otherwise) to be charged for the scrutiny of such performances or

25
scripts for applications for obtaining such certificates and for issuing duplicates thereof and in respect of such
appeals;]
(iv) regulating the hours during which and the places at which such performances may be given;
(x) regulating or prohibiting the sale of any ticket or pass for admission, by whatever name called, to a place of
public amusement;
[(xa) registration of eating-hoses, included granting a certificate of registration in each case, which shall be
deemed to be written permission required and obtained under this Act for keeping the eating-house, and annual
renewal of such registration within prescribed period; (y) prescribing the procedure in accordance with which
any licence or permission sought to obtained or required under this Act should be applied for and fixing the
fees to be charged for any such licence or permission:
Provided that nothing in this section and no licence 1 [or certificate of registration] granted
under any rule made thereunder shall authorize any person to import, export, transport, manufacture, sell or
possess any liquor, or intoxicating drug, in respect of which a licence, permit. pass or authorization is required
under the Bombay Prohibition or under any other law for the time being in force (relating to the Abkari
revenue or to the prohibition of the manufacture, sale and consumption of liquor) or shall affect the liability of
any person under any such law or shall in any way affect the provisions of the Arms Act. 1878 (XI of 1878), or
of the Explosives Act, 1884 (IV of 1884), or of any rules made under either of those enactments, or the liability
of any person thereunder: Provided further that any action taken under the rules or orders made under this sub-
section or the grant of a licence [or certificate of registration] made under such rules or orders shall be subject
to the control and supervision of the State Government: [Provided also that, against any order granting or
refusing to grant or renew or revoking [or refusing to grant or renew or revoking any certificate of registration
for any eating-house] an appeal shall lie to the State Government itself or to such officer as the State
Government may by general or special order specify, within thirty days from the date of receipt of such order
by the aggrieved person). [(1. A) The power to make rules or order under Cls. (w), (wa) and (x) of sub-section
(1) shall in the first instance have effect only in relation to
The Bombay area of the state of Maharashtra], but the State Government may by
notification in the Official Gazette provide that such power under any or all of those clauses, shall also
have effect. from such date as may be specified in the notification, in any other area of the State.

(1), may subject to the provisions of sub- section (1A) also be exercised by Revenue Commissioner in the
revenue division under his charge.
(2) (i) The power of making, altering or rescinding rules under Cls. (a), (b) and (c) of sub-section (1) shall be
subject to the control of the State Government
. (ii) The power of making, altering, or rescinding rules under the remaining clauses of sub- section (1) shall be
subject to the previous sanction of that Government.

26
(3) Every rule made under Cl. (v) of sub-section (1) with respect to the use of a place for the disposal of the
dead shall be framed with due regard to ordinary and established usages and to the necessities of prompt
disposal of the dead in individual cases

(4) Every rule promulgated under the authority of Cl. (l) of sub-section (1) shall, if made in relation to 1 [any
area which is not under the charge of a Commissioner] be forthwith 2 [reported to the Revenue Commissioner
and the State Government].
(5) If any rule or order made or promulgated under this section relates to any matter with respect to which there
is a provision in any law, rule or bye-law of any municipal or local authority in relation to the public health,
convenience or safety of the locality, such rule or order shall be subject to such law, rule or bye-law of the
municipal or local authority, as the case may be
. (6) The power of making, altering or rescinding rules under this section shall be subject to the condition of the
rules being made, altered or rescinded after previous publication, and every rule made or alteration or
rescission of a rule made under this section shall be published in the Official Gazette and in the locality
affected thereby by affixing copies thereof in conspicuous places near to the building, structure, work or place,
as the case may be, to which the same specially relates or by proclaiming the same by the beating of drum or
by advertising the same in such local newspapers in English or in the local language, as the authority making,
altering or rescinding the rule may deem lit or by any two or more of these means or by any other means it may
think suitable: Provided that any such rules may be made, altered or rescinded without previous publication if
the 3 [Revenue Commissioner], or the District Magistrate, as the case may be, is satisfied that circumstances
exist which renders it necessary that such rules or alterations therein or rescission thereof should be brought
into force at once.
(7) Notwithstanding anything hereinbefore contained in this section or which may be contained in any rule
made thereunder, it shall always be lawful for the competent authority to refuse a licence for, or to prohibit the
keeping of any place of public amusement or entertainment 4 [or to refuse a certificate of registration for or to
prohibit the keeping of any eating-house, as the case may be] by a person of notoriously bad character.
(8) It shall be the duty of all persons concerned to conform to any order duly made as aforesaid so long as the
same shall be in operation,
Competent authority may authorise erection of barriers on streets.(u/s34)
The Commissioner and the District Superintendent in areas under their respective charges may,
whenever in his opinion such action is necessary, authorise such Police officer as he thinks fit to erect barriers
on any street for the purpose of stopping temporarily vehicles driven on such street and satisfy himself that the
provisions of any law for the time being in force have not been contravened in respect of any such vehicle or
by the driver of or the person in charge of such vehicle. The said authority may also make such orders as it
deems fit for regulating the use of such barriers.
Power to make rules prohibiting disposal of the dead except at places set apart.(u/s.35)

27
(1) A competent authority may from time to time, make rules prohibiting the disposal of the dead, whether by
cremation, burial or otherwise at places other than those set apart for such purpose: Provided that no such rules
shall be made in respect of any such town or place in which places have not been so set apart: Provided further
that the competent authority or any officer authorized by it in this behalf may, in its or his discretion on an
application made to it or him by any person, grant to such person permission to dispose of the corpse of any
deceased person at any place other than a place so set apart, if in its or his opinion such disposal is not likely to
cause obstruction to traffic or disturbance of the public peace or is not objectionable for any other reason.
(2) Any rules made under sub-section (1) shall specify the places set apart for the disposal of the dead of
different communities or sections of communities.
(3) All such rules shall be subject to the condition of previous publication and the date to be specified under
Cl. (c) or Sec. 24 of the Bombay General Clauses Act, 1904 (Bom. I of 1904), shall not be earlier than two
months from the date on which the draft of the proposed rules is published
. Explanation. For the purposes of this section, a place set apart for the disposal of the dead means a place set
apart for such purpose under any custom, usage or law for the time being in force.

Power of Commissioner or the District Superintendent and of other officers to give direction to the
public(u/s.36)
In areas under their respective charges the Commissioner, and subject to his orders every Police
officer not inferior in rank to an Inspector, and the District Superintendent and subject to his orders any Police
officer of not lower than such rank as may be specified by the State Government in that behalf, may, from time
to time as occasion may arise, but not so as to contravene any rule or order under Sec. 33 give all such orders
either orally or in writing as may be necessary to
- (a) direct the conduct of, and behaviour or action of persons constituting processions or assemblies on or
along the streets;
(b) prescribe the routes by which and the times at which any such processions mayor may not pass;
(c)prevent obstructions on the occasion of all processions and assemblies and in the neighbourhood of all
places of worship during the time of worship and in all cases when any street or public place or place of public
resort may be thronged or liable to be obstructed;
(d) keep order on and in all streets, quays, wharves, and at and within public bathing, washing and landing
places, fairs, temples and all other places of public resort;
(e) regulate and control the playing of music or singing, or the beating of drums, tom-toms and other
instruments and the blowing or sounding of horns or other noisy instruments, in or near any street or public
place;
1 [(ea) regulate and control the use of loudspeakers in or near any public place or in any place of public
entertainment,]

28
(e) make reasonable orders subordinate to and in furtherance of any order made by a competent authority
under Secs. 33, 35, 37 to 40, 42, 43 and 45 of this Act. 37. Power to prohibit certain for prevention of
disorder
(f) . (1) The Commissioner and the District Magistrate in areas under their respective charges, may whenever
and for such time as he shall consider necessary for the preservation of public peace or public safety by a
notification publicly promulgated or addressed to individuals, prohibit at any town, village or place or in
the vicinity of any such town, village or place-
(a) the carrying of arms, cudgels, swords, spears, bludgeons, guns, knives, sticks or lathis, or any other
article, which is capable of being used for causing physical violence;
(b) the carrying of any corrosive substance or of explosives;
(c) the carrying, collection and preparation of stones or other missiles or instruments or means o f a casting
or impelling missiles;
(d) the exhibition of persons or corpses of figures or effigies thereof;
(e) the public utterance of cries, singing of songs, playing of musk
; (f) delivery of harangues, the use of gestures or mimetic representations, and the preparation, exhibition or
dissemination of pictures, symbols, p1acards or any other object or thing which may in the opinion of such
authority offend against decency of morality or undermine the security of or tend to overthrow the State.
(2) If any person goes armed with any such article or carries any corrosive substance or explosive or
missile in contravention of such prohibition, he shall be liable to be disarmed or the corrosive substance or
explosive missile shall be liable to be seized from him by any Police officer, and the article, corrosive
substance, explosive or missile so seized shall be forfeited to the State Government.
(3) The authority empowered under sub-section (1) may also by order in writing prohibit any assembly or
procession whenever and for so long as it considers such prohibition to be necessary for the preservation of
the public order: Provided that no such prohibition shall remain in force for more than fifteen days without
the sanction of the State Government.
(4) The authority empowered under sub-section (1) may also by public notice temporarily reserve for any
public purpose any sheet or public place and prohibit persons from entering the area so reserved, except
under such conditions as may be prescribed by such authority.

Power to prohibit, etc. continuance of music, sound or noise(u/s38).

(1) If the Commissioner or District superintendent is satisfied from the report of an officer in charge of a
Police Station or other information received by him that it is necessary to do so in order to prevent
annoyance, disturbance, discomfort or injury or risk or annoyance, disturbance, discomfort or injury to the
public or to any persons who dwell or occupy property in the vicinity, be may, by a written order issue such
directions as he may consider necessary to any person for preventing, prohibiting, controlling or regulating-
(a) the incidence or continuance in or upon any premises of-

29
 (i) any vocal or instrumental music
, (ii) sounds caused by the playing, beating, clashing, blowing or use in any manner whatsoever of any
instrument, appliance or apparatus or contrivance which is capable of [producing or reproducing sound], or
(c) the carrying on, in or upon, any premises or any trade, avocation or operation resulting in or attended
with noise
. (2) The authority empowered under sub-section (1) may, either on its own motion or on the application of
any person aggrieved by an order made under sub-section (1), either rescind, modify or alter any such order:
Provided that before any such application is disposed of, the said authority shall afford to the applicant an
opportunity of appearing before it either in person or by pleader and showing cause against the order and shall,
if it rejects any such application either wholly or in part, record its reasons for such rejection.

Issue of orders for prevention of riot, etc(u/s.39)

(1) In order to prevent or suppress any riot or grave disturbance of peace, the Commissioner and the
Superintendent, in areas under their respective charges, may temporarily close or take possession of any
building or place, and may exclude all or any persons therefrom, or may allow access hereto to such
persons only and on such terms as he shall deem expedient. All persons concerned shall be bound to
conduct themselves in accordance with such orders as the authority making orders may make and notify in
exercise of, he authority hereby vested in it.
. (2) Compensation to lawful occupier of building or place closed or taken possession of. If lawful
occupier of such building or place suffers substantial loss or injury by reason of the action taken under sub-
section
(l) he shall be entitled, on application made to the authority concerned within one month from the date of
such action, to receive reasonable compensation for such loss or injury, unless such action was in the
opinion of such authority rendered necessary either by the use to which such building or place was put or
intended to be put or by the misconduct of persons having access thereto
. (3) Disputes as to compensation to be settled. In the event of any dispute in any case under subsection
(2) the decision of the Chief Presidency Magistrate or the District Magistrate, shall be conclusive as to the
amount (if any) to be paid, and as to the person to whom it is hi be paid.

Issue of orders for maintenance of order at religious ceremonials, etc(u/s.40)

(1) In any case of an actual or intended religious or ceremonial or corporate display or exhibition or
organised assemblage in any street or public place, as to which or the conduct of or participation in which it
shall appear to a competent authority that a dispute or contention exists which is like1y to lead to grave
disturbance of the peace, such authority may give such orders as to the conduct of the persons concerned
towards each other and towards the public as it shall deem necessary and reasonable under the
circumstances, regard being had to the apparent legal rights and to any established practice of the parties

30
and of the persons interested. Every such order shall be published in the town or place wherein it is to
operate, and all persons concerned shall be bound to conform to the same.
(2) Any order under sub-section (1) shall be subject to a decree, injunc tion or order made by a court
having jurisdiction and, shall be recalled or altered on its being made to appear to the authority making the
order that such order is inconsistent with a judgment, decree, injunction or order of such court, on the
complaint, suit or an application of any person interested, as to the rights and duties of any persons affected
by the order aforesaid.

Police to provide against disorder, etc. at places of amusement and public meetings(u/s.41)
(1) For the purpose of preventing serious disorder or breach of the law or manifest and imminent danger to
the persons assembled at any public place of amusement or at an assembly or meeting to which the public
are invited or which is open to the public, the senior Police officer of highest rank superior to that of
constable, present at such place of amusement or such assembly or meeting may, subject to such rules and
orders as may have been lawfully made, give such reasonable directions as to the mode of admission of the
public to, and for securing the peaceful and lawful conduct of the proceedings and the maintenance of the
public safety at such place of amusement or such assembly or meeting, as he thinks necessary and all
persons shall be bound to conform to every such reasonable direction.
(2) Police to have free access thereto- The Police shall have free access to every such place of amusement,
assembly or meeting, for the purpose of giving effect to the provisions of sub-section

District Magistrate may take special measures to prevent outbreak of epidemic disease at fair,
etc(u/s.43)
(1) Whenever it shall appear to the Commissioner or District Magistrate that any place in the areas under
their respective charges, at which, on account of a pilgrimage, fair or other such occurrence, large
bodies of persons have assembled or are likely to assemble is visited or will probably be visited with an
outbreak of any epidemic disease, he may take such special measures and may by public notice
prescribe such regulations to be observed by the residents of the said place and by persons present
thereat or repairing thereto or returning therefrom as he shall deem necessary to prevent the outbreak of
such disease or they spread thereof.
(2) It shall be lawful for the District Magistrate or for the Collector or the Chief Presidency Magistrate
on the requisition of the Commissioner or the District Magistrate to assess and levy such reasonable
fees on persons falling under the provisions of sub-section
(1) as will provide for the expenses of the arrangements for sanitation and the preservation of order at
and. about the place of assemblage.
(3) When the place of assemblage is within the limits of a municipality or corporation such sums as
shall be necessary for the purposes aforesaid may be recovered from the municipality or corporation. .

31
Destruction of stray dogs(u/s.44)
(1) The Commissioner and the District Superintendent in areas under their respective charges, may,
from time to time, by public notice, proclaim that any stray dogs found, during such period as may be
specified in the said notice, wandering in the streets or in any public place may be destroyed, and any
dog so found within such period may be destroyed accordingly
. (2) The authority empowered under sub-section (1) may by public notice require that every dog, while
in any street or public place and not led by some persons, shall be muzzled in such a manner as
effectually to prevent it from biting, while not obstructing its breathing or drinking, and the Police may,
so long as such notice remains in force, destroy, or take possession of and detain, any dog found loose
without muzzle in any street or place beyond the premises of the owner thereof: Provided that any dog
so found, wearing a collar on which an apparently genuine name and address of an owner is inscribed,
shall not, unless it is rabid, be forthwith destroyed, but information of the detention thereof shall
forthwith be sent by post or otherwise to such owner.
(3) Any dog which has been detained under sub-section (2) for a period of three clear days without the
owner providing a muzzle and paying all expenses connected with such detention may be destroyed or
sold with the sanc tion and under the orders of the competent authority.
(4) The proceeds of the sale of any dog under sub-section (3) shall be applied, as far as may be, in
discharge of the expenses incurred in connection with its detention, and the balance, if any, shall form
part of the consolidated fund of the State
(5) Any expenses incurred in connection with the destruction or detention of any dog under this section
shall, subject to the provisions of sub-section (4), be recoverable from the owner thereof upon a warrant
issued by the competent authority as if it were a warrant under Sec. 386 of the Code of Criminal
Procedure, 1898 (V of 1898

Destruction of suffering or unfit animals(u/s.45)

(1) Any Police officer who in any street or public place other than a place of worship, finds any animal
other than a bull or a cow so diseased, or so severely injured, and in such a physical condition, that in
his opinion it cannot without cruelty be removed, shall, if the owner is absent or refuses to consent to
the destruction of the animal at once summon the Veterinary Practitioner in charge of the area in which
the animal is found and, if the Veterinary Practitioner certifies that the animal is mortally injured, or so
severely injured, or so diseased, or in such a physical condition, that it is cruel to keep it alive, the
Police officer may, without the consent of the owner, destroy the animal or cause it to be destroyed:
Provided that if in the opinion of the Veterinary Practitioner the animal can be removed
from the place where it is found without causing it great suffering, and, if the owner or person in charge
of the animal or in their absence any other person on the spot is willing and offers to remove the animal
to a veterinary Hospital or Pinjrapole within such time as the Veterinary Practitioner considers

32
 reasonable, the Veterinary Practitioner shall allow the animal to be removed by such owner, person in
charge of the animal or other person. If the owner or person in charge of the animal or such other
person is unwilling or fails so to remove the animal, the Veterinary Practitioner may direct the Police
officer to remove the animal before it is destroyed from the place where it is found to such other place
as he may think fit ; Provided further that when the animal is destroyed in any street or public place it
shall, as far as possible, be screened from the public gaze while it is being destroyed
. (2) The State Government may appoint such persons as it thinks fit to be Veterinary Practitioners and
may declare the areas of which they shall be in charge for the purposes of this Act.

46. Powers under this Chapter to be exercised by District Superintendent subject to the control of
District Magistrate and Commissioner and by District Magistrates subject to the control of State
Government(u/s.46)
Every power conferred by this Chapter on a District Superintendent not specially empowered by the
State Government to exercise that power or on any officer subordinate to him shall be exercised by him
subject to the orders of the District Magistrate and all rules, regulations and orders made under this
Chapter shall, if made by the 1 [Revenue Commissioner] be governed by such rules and orders as the
State Government may, from time to time, make in this behalf and, if made by the District Magistrate or
the District Superintendent specially empowered in that behalf, shall be subject to the provisions of Sec.
17. C

Special measures for maintenance of public order and safety of State

Employment of additional Police, recovery of cost thereof and of riot compensation-its assessment
and recovery
Employment of additional Police on application of a person(u/s.47)
(l) The Commissioner or District Superintendent may, on the application of any person, depute any additional
number of Police to keep the peace, to preserve order or to enforce any of the provisions of this or any other
Act in respect of any particular class or classes of offences or to perform any other Police duties at any place in
the area under his charge.
(2) Such additional Police shall be employed at the cost of the person making the application, but shall be
subject to the orders of the Police authorities and shall be employed
for such period as the appointing authority thinks fit.
(2) If the person upon whose application such additional Police are employed shall at any time make a
written requisition to the appointing authority to which the application for the employment of additional
Police was made, for the withdrawal of the said Police, he shall be relieved for the cost thereof at the
expiration of such period not exceeding one month from the date of the delivery of such requisition, as
the State Government or the appointing authority, as the case may be, shall determine.

33
 Employment of additional police at large works and when apprehension regarding behaviour of
employees exists(u/s.49)
(l) Whenever it appears to the State Government or a competent authority that-
(a) any large work which is being carried on or any public amusement which is being conducted is
likely to impede the traffic or to attract a large number of people, or
(b) that the behaviour or a reasonable apprehension of the behaviour, of the persons employed on any
railway, canal or other public work, or in or upon any manufactory or other commercial concern under
construction or in operation at any place, necessitates the employment of additional police at such
place, the State Government or the competent authority may depute such additional Police to the said
place as it shall think fit and keep the said Police employed at such place for so long as such necessity
shall appear to it to continue.
(2) Such additional Police shall be employed at the cost of the person by whom the work,
amusement, manufactory or concern is being constructed, conducted or carried on and the said
person shall pay the costs therefore at such rates as the Stale Government or the competent
authority, as the case may be, shall from time to time require.

Recovery of cost of additional police employed under Secs. 47 and 48. In case of any
dispute under Sec(u/s.49)
47 or 48 the decision of Chief Presidency Magistrate in Greater Bombay and the District
Magistrate, in the district shall be conclusive as to the amount to be paid and as to the person by
whom it is to be paid and the sum, so ascertained may, on the requisition of the Chief
Presidency Magistrate or the District Magistrate, be recovered by the Collector as if it were an
arrear of land revenue due by the person found to be answerable therefore.

Employment of additional police in cases of special danger public peac(u/s.50)

(1) If in the opinion of the State Government any area is in a disturbed or dangerous condition or in which the
conduct of the inhabitants or of any particular section of the inhabitants renders it expedient temporarily to
emp1oy additional Police, it may by notification in the official Gazette specify.
(a) the area (hereinafter called “the disturbance area”) in which the additional Police is to be
employed;
(b) the period for which the additional Police is to be employed ; Provided that the period fixed
under Cl. (b) may be extended by the State Government from time to time, if in its opinion it is
necessary to do so in the general interest of the public. The cost of the additional Police shall be
a tax imposed under this section and shall be recovered in the manner prescribed in the
succeeding sub-sections.
(2) The decision of the State Government under Cls. (0) and (b) of sub. section (1) shall be final

34
 . (3) On the issue of such notification. the State Government may require,
- (a) in any disturbance area which is within the limits of a Corporation, the Municipal
Commissioner, the Collector or any other authority
; (b) in any disturbance area which is within the limits of a municipality, the municipality, the
Collector or any other authority;
(c) in any disturbance area which is outside the areas specified in Cls. (a) and (b), the Collector
or any other authority, to recover, whether in whole or in part, the cost of such additional Police
geneta!1y from all persons who are inhabitants of the disturbance area of specially from any
particular section or sections, or class or classes to such persons, and in such proportion as the
State Government may direct: Provided that where the Municipal Commissioner or the
Municipality is directed to recover such cost, an additional sum not exceeding 3 per cent of the
amount of such cost shall also be recoverable.
(4) (i) The State Government may require the Municipal Commissioner or the Municipality to
recover such cost and the additional sum by an addition to the general or property tax which
shall be imposed and levied in all or such of the municipal wards, sub-wards or sections thereof,
as the State Government may direct. Every addition to the general or property tax imposed
under this sub-section shall be recovered by the Municipal Commissioner or the Municipality
from each person liable therefore in the same manner as the general or property tax due from
him. The provisions of the relevant Municipal Act shall apply to any such addition as if it were
part of the general or property tax levied under the said act. Such addition shall be a charge
along with the general or property tax, on the properties, in such Municipal wards or sub-wards
or sections.
(ii) The State Government may also require the Municipal Commissioner or the Municipality
to recover such cost and the additional sum from each person liable therefor under sub-section
(3) in such manner as the State Government may direct. (iii) Where the Municipal
Commissioner or a Municipality makes default in imposing and levying any such tax or in
making such recovery, the State Government may direct the Collector to impose and levy such
tax or to make such recovery.
(5) Every amount recoverable by the Collector or other authority under this section shall be
recoverable as if it were an arrear of land revenue due by the person liable therefor.
(6) It shall be lawful for the State Government by order to exempt any person from liability to
bear any portion of the cost of such additional Police.
(7) Out of the total amount recovered by the Municipal Commissioner or by a Municipality under
subsection (4) or (5) whether before or after the coming into operation of this Act the amount of the
cost shall be paid to the State Government and the balance, if any, shall be credited to the municipal

35
fund constituted under the relevant Municipal Act. Such amount of cost shall be paid to the State
Government every three months
. Explanation.- In this section the expression “inhabitants” when used with reference to any area
includes persons who themselves by their agents or servants occupy or hold land or other
immovable property within such area and landlords who themselves or by their agents or
servants collect rent from holders or occupiers of land in such area notwithstanding that they do
not actually reside therein.

Compensation for injury caused by unlawful assembly, how recover able-Date to be fixed for
liability(u/s.51)
(1) When any loss or damage is caused to any property or when death results or grievous hurt is caused
to any person or persons, by anything done in the prosecution of the common object of an unlawful
assembly, the State Government may, by notification in the official Gazette, specify-
(a) the area (hereinafter called “the disturbance area”), in which in its opinion such unlawful assembly
was held;
(b) the dale on which or the period during which such unlawful assembly was held. The decision of the
State Government under Cls. (a) and (b) of sub-section (1) shall be final.
(3) On the issue of a notification under sub-section (1), the Chief Presidency Magistrate in Greater
Bombay the District Magistrate in Districts 1 [with the previous sanction of the Revenue
Commissioner], may, after such inquiries he deems necessary, determine the amount of the
compensation which, in his opinion, should be paid to any person or persons in respect of the loss or
damage or death or grievous hurt aforesaid. The amount of compensation shall be a tax imposed under
this section and shall be (covered in the manner prescribed in the succeeding sub-sections
. (4) The Chief Presidency Magistrate or the District Magistrate may require-
(a) in any disturbance area which is within the limits of a Corporation, the Municipal Commissioner,
the Collector or another authority
(b)
; (b) in any disturbance area which is within the limits of a municipality, the municipality, the
Collector or any other authority; and
(c) in any disturbance area which is outside the area specified in Cls. (a) and (b), the Collector or any
other authority. . to recover the amount (hereinafter called “the compensation amount”) as
determined under subsection (3) either in whole or in part and where the Municipal Commissioner
or the Municipality is required to recover such amount. an additional sum not exceeding three per
cent of the compensation amount (hereinafter referred to as “the Municipal recovery cost”),
generally from all persons who were inhabitants of the disturbance area or specially from any

36
particular section or sections, or class or classes of such persons in the said area, and in such
proportion as the Chief Presidency
Magistrate or the District Magistrate may direct.
(5) (1) The Chief Presidency Magistrate or the District Magistrate may require the Municipal
Commissioner or the Municipality concerned to recover the compensation amount and the
Municipal recovery cost by an addition to the general or property tax which shall be imposed and
levied in the disturbance area. Every addition to the general or property tax imposed under this sub
section shall be recovered by the Municipal Commissioner or the Municipality concerned from
each person liable therefor in the same manner as the general or property tax due from him. The
provisions of the relevant Municipal Act shall apply to any such addition as if it were part of the
general or property tax levied under the relevant Municipal Act. Such addition shall be charged
along with the general or property tax on the properties in the area aforesaid. (ii) The Chief
Presidency Magistrate or the District Magistrate as the case may be, may also require the
Municipal Commissioner or the Municipality concerned to recover the compensation amount and
the municipal recovery cost from each person liable therefor under sub-section (4) in such manner
as he may direct.
(6) Where a Municipal Commissioner or a Municipality makes a default in imposing and levying
any such tax or in making any such recovery, the State Government may direct the Collector to
impose and levy such tax or to make such recovery.
(7) Every amount recoverable by the Collector or other authority under this section shall be
recoverable as if it were an arrear of land revenue due by the person liable therefor.
(8) Out of the total amount recovered by the Municipal Commissioner or by a Municipality under
subsection (5) or (7), whether before or after the coming into operation of this Act, the
proportionate amount of the municipal recovery cost shall be deducted therefrom and the amount
not exceeding the compensation amount determined by the Chief Presidency Magistrate or the
District Magistrate as the case may be under sub-section (3) shall be paid to him for the payment of
compensation to the persons entitled thereto and the balance, if any, sha ll be credited to the
Municipal fund constituted under the relevant Municipal Act. Such amount shall be paid to the
Chief Presidency Magistrate or the District Magistrate as the case may be every three months.
(9) It shall be lawful for the Chief Presidency Magistrate or the District Magistrate as the case may
be by order, to exempt any persons from liability to pay any portion of the compensation amount. .
(10) The State Government may, (a) on its own motion, or (b) on an application made by a person
within a period of thirty days from the date of the order of the Chief Presidency Magistrate or the
District Magistrate as the case may be granting or refusing to grant an exemption thereunder, set
aside or modify such order

37
 . Explanation. In this section the expression “inhabitants” when used with reference to any
disturbance area includes persons who themselves or by their agents or servants occupy or
hold land or other immovable property within such area and landlords who themselves or by
their agents or servants collect rent from holders or occupiers of land in such area,
notwithstanding that they do not actually reside therein.

Chief Presidency Magistrate or District Magistrate to award or apportion

compensation(u/s.52)
(1) It shall be lawful for the District Magistrate 3 [with the previous sanction of the Revenue
Commissioner] to award or apportion all or any moneys recovered as compensation amount
under sub-sections (3) to (8) of sec. 51 to any person or among all or any persons whom he
considers entitled to compensation in respect of the loss or damage or death or grievous bun
aforesaid.
(2) No compensation shall be awarded under this section except upon a claim made within 45
days from the date of notification issued by the State Government under sub-section (1) of Sec.
51 and unless Chief Presidency Magistrate or the District Magistrate is satisfied that the person
claiming compensation or where such claim is made in respect of the death of any person, that
that person also has himself been free from blame in connection with the occurrences which led
to the loss, damage, death or grievous hurt as aforesaid.
(3) The compensation payable to any person under Sec. 51 in respect of death or grievous hurt
shall not in any way be capable of being assigned or charged or be liable to attachment or to
pass to any person other than the person entitled to it by operation of law, nor shall any claim be
set off against the same.
(4) Every direction and order made by Chief Presidency Magistrate or the District Magistrate
under this or the preceding section shall be subject to revision by the State Government, but
save as aforesaid, shall be final
. (5) No civil suit shall be maintainable in respect of any loss or injury for which compensation
bas been granted under this section.

Chief Presidency Magistrate or District Magistrate to discharge, functions under order of State
Government(u/s.53)
Chief Presidency Magistrate or the District Magistrate as the case may be, shall discharge his functions under
Secs. 51 and 52 subject to any general or special orders of the State Government in this behalf.
Proportionate recovery of the cost of additional police and compensation for loss caused by
unlawful assembly.

38
 (1) Notwithstanding anything contained in the Bombay Rents, Hotel and Lodging House Rates Control
Act. 1947 (Bom LVII of 1947), 4 [or any law corresponding thereto in force in any area of the State of
Bombay], where under the provisions of Sec. 50 or 51, the Municipal Commissioner, the Municipality
or the Collector, as the case may be, is required to recover the cost of the additional police including the
additional sum referred to in sub-section (3) of Sec. 50 (hereinafter called “the additional cost”) or the
compensation amount and the municipal recovery cost (hereinafter called “the riot tax”) by an addition
to the general or property tax, the landlord from whom any portion of the additional cost or the riot tax
is recovered, in respect of any premises shall be entitled to recover 75 per cent, of such portion from the
tenant in the occupation of the premises during the period fixed under sub-section (1) of Sec. 50 or on
the date or during the greater part of the period specified under Cl. (b) of sub-section (1) of Sec. 51, as
the case may be, in the manner specified in sub-section (2).
(2) The amount referred to in sub-section (1) and to be recovered from a tenant referred to therein,
shall bear the same proportion as the rent payable by him in respect of the premises in his occupation
bears to the total amount of rent recoverable for the whole premises if let, and the same shall be
recoverable from the tenant in not less than four equal instalments.
(3) The provisions of sub-section (1) in so far as they relate to the recovery of the riot tax from the
tenants shall not apply to Greater Bombay during the period during which Sec 10-B of the Bombay
Rents Hotel and Lodging House Rates Control Act, 1947 is in force in the said area.

. Dispersal of gangs and body of persons(u/s.55)

Whenever it shall appear in Greater Bombay and in areas in which a Commissioner is appointed under
Sec. 7 to the Commissioner and in a district to the District Magistrate the Sub-Divisional Magistrate or
the District Superintendent specially empowered by the State Government in that behalf, that the
movement or encampment of any gang or body of persons in the area in his charge is causing or is
calculated to cause danger or alarm or reasonable suspicion that unlawful designs are entertained by
such gang or body or by members thereof, such officer may, by notification addressed to the persons
appearing to be the leaders or chief men of such gang or body and published by beat of drum or
otherwise as such officer thinks fit, direct the members of such gang or body so to conduct themselves
as shall seem necessary in order to prevent violence and alarm, or disperse and each of them to remove
himself outside the area within the local limits of his jurisdiction 3 [or such area and any district, or
districts or any part thereof, contiguous thereto] which in such time as such officer shall prescribe, and
not to enter the area 4 [or the area and such contiguous districts, or part thereof, as the case may be], or
return to the place from which each of them was directed to remove himself.
.
Removal of persons about to commit offence(u/s.54)

39
 Whenever it shall appear in Greater Bombay and other areas for which a Commissioner bas been
appointed under Sec. 7 to the Commissioner and in other area or areas to which State Government may,
by notification in the Official Gaulle, extend the provisions of this section, to the District Magistrate, or
the sub. Divisional Magistrate specially empowered by the State Government in that behalf-
(a) that the movements or acts of any person are causing or calculated to cause alarm, danger or harm to
person or property, or
(b) that there are reasonable grounds for believing that such person is engaged or is about to be engaged
in the commission of an offence involving force or violence or an offence punishable under Chapters
XII, XVI, or XVII of the Indian Penal Code (XLV of 1860), or in the abetment of any such offence, and
when in the opinion of such officer witnesses are not willing to come forward to give evidence in public
against such person by reason of apprehension on their part as regards the safety of their person or
property,
[(bb) that there are reasonable grounds for believing that such person is acting or is about to act
(1) in any manner prejudicial to the maintenance of public order as defined in the Maharashtra
Prevention of Communal, Antisocial and other Dangerous Activities Act, 1980,
(2) in any manner prejudicial to the maintenance of supplies of commodities essential of the community
as defined in the Explanation to sub-sect ion (1) of Sec. 3 of the Prevention of Black-marketing and
Maintenance of Supplies of Essential Commodities Act, 1980 (VII of 1980), or
(c) that an outbreak of epidemic disease is likely to result from the continued residence of an
immigrant, the said officer may, by an order in writing duly served on him or by beat of drum or other
wise as he thinks fit, direct such person or immigrant so to conduct himself as shall seem necessary in
order to prevent violence and alarm 1 [or such prejudicial act] or the outbreak or spread of such disease
or to remove himself outside the area within the local limits of his jurisdiction 2 [or such area and any
district or districts, or any part thereof, contiguous thereto] by such route and within such time as the
said officer may prescribe and not to enter or return to the said area 3 [or the area and such contiguous
districts, or part thereof as the case may be] from which he was directed to remove himself.

Removal of persons convicted of certain offences(u/s.57)

If a person has been convicted - (a) (i) of an offence under Chapters XII, XVI or XVII of the Indian Penal
Code (XLV of 1860), or
(ii) of any offence udder Secs. 65, 66-A or 68 of the Bombay Prohibition Act, 1949 (Bom. XLV of 1949), or
(iii) of an offence under Secs. 3, 4, 5, 6 or 9 of the Suppression of Immoral Traffic in Women and Girls Act,
1956 (CIV of 1956), or (iv) of an offence under Sec. 135 of the Customs Act, 1962 (52 of 1962), or (v) of an
offence under Sec. 4, or for accepting bets in any public street or thoroughfare or in any place to which the
public have or permitted to have access or in any race course under Cl. (a) of Sec. 12, or under Sec 12-A of the
Bombay Prevention of Gambling Act, 1867 (Bom. IV of 1867), or (b) twice or more of an offence under the

40
Bombay Prohibition Act, 1949 (Born XXV of 1949) not being an offence under Sees. 66, 66-A or 68, or (c)
twice or more of an offence under Sec- 122 or 124 of this Act,
the Commissioner, the District Magistrate, or the Sub Divisional Magistrate specially
empowered by the State Government in this behalf, if he has reason to believe that such person is likely again
to engage himself in the commission of an offence similar to that for which he was convicted, may direct such
person to remove himself outside the area within the local limits of his jurisdiction or such area and any district
or districts, or any part thereof, contiguous thereto by such route and within such time as the said officer may
prescribe and not to enter or return to the area or the areas and such contiguous district or districts or part
thereof, as the case may be,

. Removal of certain persons declared to be beggar(u/s.57-A)

. In any area in which the Bombay Prevention of Begging Act, 1959 (Bom Act X of 1960), is in force, the
Commissioner or the District Magistrate having jurisdiction in that area, on receipt of a copy of the order of the
Court made under Cl. (b) of sub-section (5) of Sec. 5 of that Act, shall examine the person who has been
directed to appear before him, and if the Commissioner or the District Magistrate is satisfied that such person is
not likely to engage himself in the said area in any lawful profession, trade, calling or employment, such officer
may by order in writing duly served on such person to remove himself outside the area or areas where the said
Act is in force with in such time as may be specified in the ,order and not to enter or return to the area or areas,
as the case may be, from which he was directed to remove himself:from which he was directed to remove
himself.

u/s.58. Period of operation of orders under Secs.

5 [55, 56, 57 and 57-A]. A direction made under Secs. 55, 56 or 57 not to enter any particular area 6 [or
such area and any district or districts, or any part thereof contiguous thereto, as the case may be,], shall
be for such period as may be specified therein and shall in no case exceed a period of two years, 1 [from
the date on which the person ren10ves himself or is removed from the area, district or districts or part
aforesaid.]

u/s. 59. Hearing to be given before order under Secs.

1 [55, 56, 57 and 57-A] is passed. (1) Before an order under Ss. 1 [55, 56, 57 and 57-A) is passed
against any person the officer acting under any of the said sections or any officer above the rank of an
Inspector authorised by that officer shall inform the person in writing of the general nature of the
material allegations against him and give him a reasonable opportunity of tendering and explanation
regarding them.
If such person makes so application for the examination of any witness produced by him, the
authority or officer concerned shall grant such application; and examine such witness, unless for reasons

41
 to he recorded in writing, the authority or officer is of opinion that such application is made for the
purpose of vexation or delay. Any written statement put in by such person shall be filed with the record
of the case. Such person shall be entitled to appear before the officer proceeding under this section by an
advocate or attorney for the purpose of tendering his explanation and examining the witnesses produced
by him.
(2) The authority or officer proceeding under sub-section (1) may, for the purpose of securing the
attendance of any person against whom any order is proposed to be made under Secs. 1 [55, 56, 57 and
57-A] require such person to appear before him and to pass a security bond with or without sureties for
such attendance during the inquiry. If the person fails to pass the security bond as required or fails to
appear before the officer or authority during the inquiry, it shall be lawful to the officer or authority to
proceed with the inquiry and thereupon such order as was proposed to be passed against him, may be
passed.

u/s.60. Appeal. 3 [(1)] Any person aggrieved by an order made under Secs.
1 [55. 56, 57 and 57-A] may appeal to the State Government within thirty days from the date of such
order.
(3) An appeal under this section shall be preferred in duplicate in the form of a memorandum, setting forth
concisely the grounds of objection to the order appealed against, and shall be accompanied by that order
or a certified copy thereof
(3) On receipt of such appeal, the State Government may, after giving a reasonable opportunity to the
appellant to be heard either personally or by a pleader advocate or attorney and after such further
inquiry, if any, as it may deem necessary, confirm, vary or cancel or set aside the order appealed
against, and make its order accordingly: Provided that the order appealed against shall remain in force
pending the disposal of the appeal, unless the State Government otherwise directs.
(4) In calculating the period of thirty days provided for an appeal under this section, the time taken for
granting a certified copy of the order appealed against, shall be excluded.

u/s.61. Finality of order passed by State Government in certain case. Any order passed under
Secs.
1 [55, 56, 57 and 57-A] or by the State Government under Sec. 60 shall not be called in question in any
Court except on the ground that the authority making the order or any officer authorised by it had not
followed the procedure laid down in sub-section (l) of Sec. 59 or that there was no material before the
authority concerned upon which it could have based its order on the ground that the said authority was
not of opinion that witnesses were unwilling to come forward to give evidence in public against the
person in respect of whom an order was made under Sec. 56

42
. 61. Procedure on failure of person to leave the area and his entry therein after removal
. 2 [(1)] If a person to whom a direction has been issued under Secs. 2 [55, 56, 57 and 57-A] to remove
himself from an area (i) fails to remove himself as directed, or (ii) having so removed himself, except
with the permission in writing of the authority waking the order 3 [as provided in sub-section (2)],
enters the area within the period specified in the order, the authority concerned may cause him to be
arrested and removed in police custody to such place outside the area as the said authority may in each
case prescribe.

Temporary permission to enter or return to the area from which a person was directed to remove
himself(u/s.62).
(1) The State Government 6 [or any officer specially empowered by the State Government in that
behalf] may, by order, permit any person in respect of whom an order has been made under Secs. 1
[55. 56, 57 and 57-A] to enter or return for a temporary period to [the area, or such area and any
contiguous districts or part thereof, as the case may be, from which be was directed to remove
himself, subject to such conditions as it 8 [or he] may by general or special order specify, and which
such person accepts and may, at any time, revoke any such permission
(2) . (2) In permitting a person under sub-section (1) to enter or return to 3 [the area or such area and
any contiguous districts, or part thereof, as the case may be], from which he was directed to remove
himself, the State Government or such officer may require him to enter into bond with or without
surety for the observance of the conditions imposed.
(3) (3) Any person permitted under sub-section (1) to enter or return to the area or such area and any
contiguous districts. or part thereof, as the case may be, from which he was directed to remove
himself shall surrender himself at the time and place and to the authority specified in the order or in
the order revoking the said order, as the case may be.

Executive Powers and Duties of the Police

64. Duties of a Police officer. It shall be the duty of every Police officer(u/s.64)
(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;

43
 (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.

Power to enter places of public resort(u/s.65)

(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. 66. Duties of Police
officers towards the public. 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.

67. Police to regulate traffic, etc., in streets. It shall be the duty of a Police officer(u/s67)-
(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;

44
(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.

Persons bound to conform to reasonable orders of Po1ice(u/s.68)

All persons shall be bound to conform to the reasonab1e directions of a Police officer given in
fulfilment of any of his duties under this Act.

Power of Police officers to restrain or remove, etc(u/s.69)

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.

(u/s. 70). Enforcement of orders issued under Secs. 37, 38 or 39. Whenever a notification has been
duly issued under Sec.s 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.

( u/s.71) Duty of Police to see orders issued under Secs. 43, 55, 56, 1 [57, 57-A or 63-AA] are carried
out. It shall be the duty of the Police to see that every regulation and direction made by any authority
under Secs. 43, 55, 56 1 [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

When Police officer may arrest without warrant.(u/s. 72)

. 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 [(2-A) any person who contravenes any

45
order made under sub-section (1) of Sec. 63-A ; (3) any person who commits an offence punishable
under Sec. 122 or Sec. 136.

. When Police may arrest without a warrant (u/s.73).

Any Police officer may, without an order from a Magistrate and without a warrant, arrest any person
committing in his presence any offence.

“73-A. Extension of Sec. 6-B of Act Xl of 1890 as in force in pre-Reorganisation State to rest of
State for the purposes of Secs.
74 to 77.- Section 6-B of the Prevention of Cruelty to Animals Act, 1890 (XI of 1890), as in force in the
Bombay area of the State of Gujarat (hereinafter in this section and in Secs. 74, 75 and 77 referred to as
the said ‘Act’) is, for the purposes of Secs. 74 to 77 (both inclusive), hereby extended to, and shall be in
force in the remaining areas of the (State of Gujarat) and in consequence thereof, any provisions
corresponding thereto or dealing with the like matter, in force in any such areas of the State shall be
deemed to have been substituted by the aforesaid provision of the said Act.”

(u/s 74) Powers with regard to offences under 5 [Act 49 of 1960] and corresponding laws.
. When in respect of an animal an offence under 6 [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 Polic e 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 7 [Sec. 35] of the said Act for treatment and
detention therein, pending direction of Magistrate under 8 [* * *] 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;

Powers of Magistrate to return animal to person from whose possession it was taken(u/s.75)

46
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 2
[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.

Veterinary officer to examine the animal. The Veterinary officer before whom an animal is
brought under Sec(u/s 76).
Sec.74 shall with all convenient speed examine the same and draw up a report of such examination. A
copy of the report shall be delivered free of charge to the accused person if he applies for it.

Animal to be dealt with under 3 [Act 49 of 1960] When under Sec(u/s.77)

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 4
[Sec. 35] of the said Act shall, so far as may be, apply.
Powers of Police officer to unsaddle the animal or unload(u/s.78)
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. 5

Power of police to arrest without warrant when certain offence committed in his presence(u/s.79)
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 subclause
(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.]

Other powers of arrest(u/s.80)

. (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
dwellinghouse, private premises, or land or ground attached thereto, arrest without warrant any reason.

47
Refusal to obey warning or to accompany Police(u/s.81)
. 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.

Police to take charge of unclaimed property.(u/s. 82).

(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.

Intestate property over four hundred rupees in value(u/s.83)

(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.

Intestate property over four hundred rupees in value(u/s.84)

s 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), 3 [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

48
 Regulation to provide for the formal recognition of heirs, etc.) or other law in force.

Procedure in other cases(u/s.85)

(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 ne t proceeds of such sale shall he dealt with in the same manner as is hereinafter
provided for the said property.

Delivery of property to person entitled(u/s.86)

(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.

In default of claim, properly to be at disposal of State Government(u/s.87).

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.

(u/s.88) Procedure not affected by Indian Succession Act or Administrator-Generals Act or Regulation
VIII of 1827 1 [or corresponding laws]. 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.

49
(1) of Sec. 85, nor shall the provisions of Sec. 10 of Regulation VIII oh 1827 2 [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.

Police officer may take charge of the stray cattle(u/s.89)

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

Power to establish Cattle-pounds and appoint pound-keepers(u/s.90).

(1) 5 [In any area 6 [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,

Penalty for allowing cattle to stray in street or to trespass upon private or public property (90-A).
. (1) Whoever in 10[any area 11[other than Greater Bombay] under the charge of a Commissioner] allows
any cattle which are his property or in his charge to stray in any street or to trespass upon any priva te or
public property shall, on conviction, be punished
(i) for the 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.
(2) 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 an offence has been committed shall be forfeited to the State
Government.
(3) Any compensation awarded under sub-section (2) may be recovered as if it were a fine imposed under
this section.
(4) An offence under this section shall be cognizable.]

50
 Impounding of cattle(u/s.91).
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 1 [any area 2 [other than Greater Bombay under the charge of a
Commissioner.

Delivery of cattle claimed(u/s.92).

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.

Sale of cattle not claimed(u/s.93)

(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).

Rate to be fixed by notification(u/s.94)

(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.

Powers as to inspection, search and seizure of false weights and measures(u/s.95) (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 6 [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,
(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,

51
(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,

Procedure to be followed by officers and Magistrates in certain cases(u/s.96)

(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 1 [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,
(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.
(3) 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
(3) Sections 127 and 128 of the Code of Criminal Procedure, 1898 (V of 1898), in their application
to Greater Bombay 3 [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 superior Police officer may himself perform duties imposed on inferior etc(u/s.97)
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.

Emergency of duties of Police(u/s.98)

(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.

52
 (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 relatio n 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.

Offences and Punishments

Disregarding the rule of the road. No person shal(u/s. 99).
l- (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.

Causing obstruction or mischief by animal.(u/s.100)

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.

Exposing animal for hire or sale etc(u/s.101)

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.

Causing any obstruction in a street(u/s102)

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

53
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.

Obstructing a footway. 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(u/s.103)
Exhibiting mimetic, music or other performances(u/s.104)
etc. 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.

Doing offensive acts on or near street or public place(u/s.105)

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.

Letting loose horse, etc. and suffering ferocious dogs to be large(u/s106). 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.

Bathing or washing in places riot set apart for those purpose(u/s.107). 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.

Defiling water in public wells, etc.(u/s.108)

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.

Obstructing bathers(u/s.109)
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

54
 Behaving indecently in public(u/s.110).
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.

Obstructing or any annoying passengers in the street(u/s.111)

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

Misbehaviour with in rent to provoke a breach of the peace(u/s.112)

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.
Prohibition against flying kite(u/s 113).
No person shall fly a kite so as to cause danger, injury or alarm to pe114. Begging and exposing offensive
ailments. Repealed by Bom. Act X of 1960, Sec. 1 (4), Schedule

Committing nuisance in or near street. etc.(u/s.114)

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
(c) spit or throw any dust, ashes, refuse or rubbish ; so as to cause annoyance to any passerby.]

Disregard of notice ill public building(u/s.115)

. 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.

Penalty for failure to keep in confinement cattle, etc(u/s.118)

(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,

55
(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
subsection 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.
Punishment for cruelty to animals(u/s.119).
Whoever in any place 2 [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, sha ll, 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.

. Wilful trespass(u/s.120)
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.

False alarm of fire or damage to fire-alarm(u/s.121)

. 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.

Being found under suspicious circumstances between sunset and sunrisde(u/s.122)

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

56
(e) having in his possession without lawful excuse (the burden of proving which excuse shall be on such
person 3 [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).

123. Carrying weapon without authorit(u/s.123)

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.

Possession of property of which no satisfactory account can be given(u/s.123) 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 1 [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.

125. Taking spirits into public hospital or into barracks or on boards or vessels of war
. Whoever- (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
(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,
(i) into the barracks or buildings occupied by the troops composing the Garrison of Bombay into any
military barracks, guard-rooms or encampments, or
(ii) (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.

57
126. Omission by pawn-brokers, etc. to report, to Police possession or tender of property suspected
to be stolen.
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.
- (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 (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.

Melting, etc. of such property(u/s.127).

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.

Taking pledge from child(u/s.128)

Whoever takes from any child not appearing to be above the age of fourteen years any article whatsoever
as a awn 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.

Permission of disorderly conduct at places of public amusement etc(u/s129). 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.

Cheating at games(u/s.130).

58
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.

Penalty for contravening rules. Etc(u/s.131)

under Sec. 33. 23 Save as provided in Sec. 131-A, whoever-
(a) contravenes any rules or order made under Sec. 33 or any of the conditions of a licence issued under
such rule or order, o
(b) (b) abets the commission of any offence under Cl. (a) shall, on conviction be punished
(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;
(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;
(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;
(iv) (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-
(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; an
(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
(v) if the rule or order contravened or the rule or order under which the said licence was issued
1 [was made under any clause of sub-section (1) of Sec. 33 .
(2) Any court trying any such offence shall in addition direct that the person keeping the place
of public entertainment [or the eating house] in respect of which the offence has been
committed shall close such place 6 [or eating house] until he obtains a licence or fresh licence
[or a certificate of registration or fresh registration certificate] as the case may be, in respect
thereof and thereupon such person shall forthwith comply with such direction.

59
 (3) If the person fails to comply with any such direction he 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 (4)
Without prejudice to any action taken under sub-section (3) on the failure of such person to
comply with the direction of the Court any Police officer authorized by the Commissioner or
the District Magistrate.

Sec. 131 committed by his servant or other agent 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 offence.

132. Penalty for disobedience or order under Sec.

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
. 133. Penalty for contravening rules etc.
under Sec. 35. 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.

Penalty for contravention of rule, etc.(u/s.134)

under Sec. 36. 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;

135. Penalty for contravention of rule or directions(u/s.135)

under Sec. 37, 39 or 40. 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
(iii) 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

60
(iv) if the said order was made under sub-section (3) of Sec. 37, with fine which may extend to one
hundred rupees.

Penalty for contravening rules etc(u/s.136)

., made under Sec. 38. 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.

Penalty for contravening rules, etc(u/s.137)

. made under Sec., 41. Whoever opposes or fails to conform to any direction given by the Police under
Sec. 41, shall on conviction be punished with fine which.
Penalty for contravention of a regulation mad(u/s.139),
under Sec. 43. 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.
140. Penalty for contravening directions under Sec. 68. 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.

Penalty for contravention of directions under Secs (u/s.141)

. 55, 56 2 [57, 57-A or 63-AA]. Whoever opposes or disobeys or fails to conform to any
direction issued under Secs. 55, 56 3 [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. 3

[142. Penalty for entering without permission area from which a, person is directed to
remove himself or overstaying when permitted to, return temporarily. 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, 4
[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

61
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 143. Penalty for failure in surrender in accordance with sub-
section
(3) of Sec. 3. Whoever fails without sufficient cause to surrender in accordance with sub-
section (3) of Sec. 63 shal1, on conviction, be punished with imprisonment which may extend
to two years and shall also be liable to fine.

[143-B. Dangerous performances.

(1) No person shall without the previous permission of the Commissioner or the District
Magistrate as the case may be, and except in accordance with any conditions subject to which
such permission is granted, hold or give, in any place which is likely to cause an assembly of
persons, any performance in which or during which he buries himself underground, or seals
himself in any room or receptacle or other thing, in such manner as to prevent all access of air
to him and for such time as would ordinarily result in death by suffocation.
(2) If any person contravenes or attempts to contravene the provisions of this section, he shall,
on conviction, be punished with imprisonment for a term which may extend to one year or with
fine, or with both.
(3) Notwithstanding anything contained in the Code of Criminal Procedure, 1898, the offence
punishable under this section shall be cognizable.]

145. Penalty for making false statement, etc., and for misconduct of Police officers. (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.

u/s. 146. Penalty failure to deliver up certificate of appointment or of office or other

article. Any Police officer, who wilfully neglects or refuses to deliver up his certificate of

62
 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.

(u/s. 147). Vexatious entry, search, arrest, etc., by 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, 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 wit h both.

Penalty for vexatious delay in forwarding a person arrested(u/s.148)

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.

Penalty for opposing or not complying with direction given (u/s.149)

under Sec. 70. 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.

Penalty for unauthorised use of Police uniform (u/s.149-A.).

If any person not being a member of the Police Force, wears, without the permission of an officer authorised by
the State Government in this behalf by a general special order for any area in the (State of Maharashtra) 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 fine which may extend to two hundred rupees.

Jurisdiction when offender is a Police officer above the rank of constable(u/s.150)

63
. 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.

Prosecution for certain offences against the Act to be in the discretion of the Police(u/s151)
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.

Summary disposal of certain cases.(u/s.151-A)

A Court taking cognizance of an offence punishable under Sec. 117, or under paragraph (iii),
(iv) or (v) of Sec. 131], 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 twenty-five rupees, as the Court
may specify.
(2) Where an accused person pleads guilty and remits the sum specified no further proceeding
in respect of to offence shall be taken against him).

152. Prosecution for offences under other enactments not affected. 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.

64
MODULE 2
THE PREVENTION OF CURRUPTION ACT ,1988

INTRODUCTION
The Prevention of Corruption Act, 1947, was amended in 1964 based on the recommendations of the
Santhanam Committee. There are provisions in Chapter IX of the Indian Penal Code to deal with public
servants and those who abets them by way of criminal misconduct. There are also provisions in the Criminal
Law Amendment Ordinance, 1944, to enable attachment of ill-gotten wealth obtained through corrupt means,
including from transferees of such wealth. The Bill seeks to incorporate all these provisions with modifications
so as to make the provisions more effective in combating corruption among public servants.
This Act envisages widening the scope of the definition of the expression "public servant", incorporation of
offences under sections 161 to 165-A of the Indian Penal Code, enhancement of penalties provided for these
offences and incorporation of a provision that the order of the trial Court upholding the grant of sanction for
prosecution would be final if it has not already been challenged and the trial has commenced. In order to
expedite the proceedings, provisions for day-to-day trial of cases and prohibitory provisions with regard to
grant of stay and exercise of powers of revision on interlocutory orders have also been included.

Since the provisions of sections 161 to 165-A are incorporated in the proposed legislation with an
enhanced punishment, it is not necessary to retain those sections in the Indian Penal Code. Consequently, it is
proposed to delete those sections with the necessary saving provision.

The act consists of 5 chapters spread across 31 sections. [2]

Preliminary

This chapter contains sections describing title, territorial extent, basic definitions, etc. Two of the main
definitions are "public servant" and "undue advantage". Following are some sections:

Definitions:

The most important definitions are that of :

- Public duty
- Public servant

1) Public Duty:

65
It means a duty that is dine for the benefit of the State, the public or the
community at a large. It this context, State would mean:
a) A corporation established by or under a Central, Provincial or State Act.
b) An authority or a body owned controlled or aided by the Government company as defined in Sec. 617 of the
Companies Act,1956.

2) Public Servant:

It is unique term in Anti-corruption law, being the deciding factor at the threshold, of one's liability, depending
on his being public servant. The term 'Public Servant' was not defined under the PCA, 1947 and the Act
adopted the definition of the term under sec. 21 of the Indian Penal Code. The PCA of 1988 provides a wider
definition in the Act itself under clause (c) of sec.2

the following are the salient aspects of the new definition:

a) Under cl (c) of Sec.2 of the PC, the emphasis is on public duty and not on the Authority remunerating.

b) The definition is enlarged so as to include the office-bearers of the registered co-operative societies receiving
any financial aid from the Government, or from a Government corporation or company, the employees of
universities, public service commissions and banks etc.

The following genres of persons fall within the ambit of 'public servant':
a) Any person who is paid by the government or local authority or remunerated by way of fees or commission
for the performance of or is in the service of a corporation established by or under a Central, Provincial or State
Act, or an authority or body owned or controlled or aided by the Government company as defined in the
Companies Act, 1956.

b) Any Judge or any person authorized by a court of justice to perform any duty, in connection with the
administration of justice or any arbitrator to whom any cause or matter has been referred for decision or report
by a court of justice or report by a court of justice or by a competent public authority.

c) Any person who holds an office result to which he is empowered to prepare, publish maintain or revise an
electoral roll or to conduct an election or part of an election, or is authorized or required to perform any public
duty.

d) Any person who is the president, secretary or other office bearer of a registered co-operative society engaged
in agriculture, industry, trade or banking, receiving or having received any financial aid from the Central or

66
State Government or any authority or body owned, controlled or aided by Government or Government
company as defined in Sec. 617 of the Companies Act, 1956.

e) Any person who is a chairman, member or employee of any service commission or Board or a member of
any selection committee appointed by such Commission or Board for the conduct of any examination or
making any selection on their behalf.

f) Any person who is the Vice-Chancellor or member of any governing body, professor, reader or lecturer of
any University and any person whose services have been availed of by a University.

g) An office-bearer or an employee of an educational, scientific, social, cultural or other institution receiving or

having received any financial assistance from the Central or State government or local or other public authority.

Explanation 1 states that it is immaterial whether the person falling within the periphery of the above clauses is
appointed by Government or not.

Explanation 2 states that a person who is actually holding the position of the situation of public servant
irrespective of the fact that he might not have th3e right to hold that situation shall be deemed to be 'public
servant'.

Appointment of special Judges Section 3:

Power To Appoint Special Judges: The Central and the State Government is empowered to appoint Special
Judges by placing a Notification in the Official Gazette, to try the following offences: · Any offence punishable
under this Act. · Any conspiracy to commit or any attempt to commit or any abetment of any of the offences
specified under the Act. The qualification for the Special Judge is that he should be or should have been a
Session Judge or an Additional Session Judge or Assistant Session Judge under the Code of Criminal
Procedure, 1973

Cases triable by special Judges Section 4:

The offences punishable under this act can be tried by special Judges only. When trying any case, the special
Judge is empowered to try any offence other than an offence punishable under this act, with which the accused
may be charged at the same trial. It is recommended that the special Judge should hold the trial daily.

Case Trial By Special Judges: Every offence mentioned in Section 3(1)shall be tried by the Special Judge for
the area within which it was committed. When trying any case, a Special Judge may also try any offence other
than what is specified in S. 3, which the accused may be, under Cr.P.C. be charged at the same trial. The
67
Special Judge has to hold the trial of an offence on day-to-day basis. However, while complying with
foretasted, it is to be seen that the Cr.P.C. is not bifurcated.

Procedure and powers of special Judge Section 5:

The following are the powers of the Special Judge: He may take cognizance of the offences without the accused
being commissioned to him for trial. In trying the accused persons, shall follow the procedure prescribed by the
Cr.P.C. for the trial of warrant cases by Magistrate. he may with a view to obtain the evidence of any person
supposed to have been directly or indirectly concerned in or privy to an offence, tender pardon to such person
provided that he would make full and true disclosure of the whole circumstances within his knowledge or in
respect to any person related to the offence.

Except as for S. 2(1), the provisions of Cr.P.C. shall apply to the proceedings before a Special Judge. Hence,
the court of the Special Judge shall be deemed to be a Court of Session and the person conducting a prosecution
before a Special Judge shall be deemed to be a public prosecutor. The provisions of secs. 326 and 475of the
Cr.P.C. shall apply to the proceedings before a Special Judge and for purpose of the said provisions, a Special
Judge shall be deemed to be a magistrate.

A Special Judge may pass a sentence authorized by law for the punishment of the offence of which a person is
convicted. A Special Judge, while trying any offence punishable under the Act, shall exercise all powers and
functions exercised by a District Judge under the Criminal Law Amendment Ordinance,1944.

Power to try summarily: Where a Special Judge tries any offence specified in Sec. 3(1), alleged to have been
committed by a public servant in relation to the contravention of any special order referred to in Sec.12-A(1) of
the Essential Commodities Act, 1955 or all orders referred to in sub-section (2)(a) of that section then the
special judge shall try the offence in a summarily way and the provisions of s. 262 to 265 (both inclusive) of the
said code shall as far as may be apply to such trial. Provided that in the case of any conviction in a summary
trial under this section this shall be lawful for the Special Judge to pass a sentence of imprisonment for a term
not exceeding one year. However, when at the commencement of or in the course of a summary trial it appears
to the Special Judge that the nature of the case is such that a sentence of imprisonment for a term exceeding one
year may have to be passed or it is undesirable to try the case summarily, the Special judge shall record all
order to that effect and thereafter recall any witnesses who may have been examined and proceed to hear and
re-hear the case in accordance with the procedure prescribed by the said code for the trial of warrant cases by
Magistrates. Moreover, there shall be no appeal by a convicted person in any case tried summarily under this
section in which the Special Judge passes a sentence of imprisonment not exceeding one month and of fine not
exceeding Rs. 2000.

Offences and penalties

68
1) Offence relating to public servant being bribed – SEC.7

public servant who,—

(a) obtains or accepts or attempts to obtain from any person, an undue advantage, with the intention to perform
or cause performance of public duty improperly or dishonestly or to forbear or cause forbearance to perform
such duty either by himself or by another public servant; or
(b) obtains or accepts or attempts to obtain, an undue advantage from any person as a reward for the improper
or dishonest performance of a public duty or for forbearing to perform such duty either by himself or another
public servant; or
(c) performs or induces another public servant to perform improperly or dishonestly a public duty or to forbear
performance of such duty in anticipation of or in consequence of accepting an undue advantage from any
person,
shall be punishable with imprisonment for a term which shall not be less than three years but which may extend
to seven years and shall also be liable to fine.

2) Taking undue advantage to influence public servant by corrupt or illegal means or by exercise of
personal influence – SEC.7A.
Whoever accepts or obtains or attempts to obtain from another person for himself or for any other person any
undue advantage as a motive or reward to induce a public servant, by corrupt or illegal means or by exercise of
his personal influence to perform or to cause performance of a public duty improperly or dishonestly or to
forbear or to cause to forbear such public duty by such public servant or by another public servant, shall be
punishable with imprisonment for a term which shall not be less than three years but which may extend to
seven years and shall also be liable to fine.

3) Offence relating to bribing of a public servant –SEC 8.

. (1) Any person who gives or promises to give an undue advantage to another person or persons, with
intention—
(i) to induce a public servant to perform improperly a public duty; or
(ii) to reward such public servant for the improper performance of public duty;
shall be punishable with imprisonment for a term which may extend to seven years or with fine or with both:
Provided that the provisions of this section shall not apply where a person is compelled to give such undue
advantage:
Provided further that the person so compelled shall report the matter to the law enforcement authority or
investigating agency within a period of seven days from the date of giving such undue advantage:
when the offence under this section has been committeed by commercial organisation, such commercial
organisation shall be punishable with fine.

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Exception
if that person, after informing a law enforcement authority or investigating agency, gives or promises to give
any undue advantage to another person in order to assist such law enforcement authority or investigating
agency in its investigation of the offence alleged against the later.

4) Offence relating to bribing a public servant by a commercial organization -9

(1) Where an offence under this Act has been committed by a commercial organisation, such organisation shall
be punishable with fine, if any person associated with such commercial organisation gives or promises to give
any undue advantage to a public servant intending—

(a) to obtain or retain business for such commercial organisation; or

(b) to obtain or retain an advantage in the conduct of business for such commercial organisation:

Defence

Defence for the commercial organisation to prove that it had in place adequate procedures in compliance of
such guidelines as may be prescribed to prevent persons associated with it from undertaking such conduct.

Person is said to give or promise to give any undue advantage to a public servant, if he is
alleged to have committed the offence under section 8, whether or not such person has been prosecuted for such
offence.

“commercial organisation” means—

(i) a body which is incorporated in India and which carries on a business, whether in India or outside
India;

(ii) any other body which is incorporated outside India and which carries on a business, or part of a
business, in any part of India;

(iii) a partnership firm or any association of persons formed in India and which carries on a business
whether in India or outside India; or

(iv) any other partnership or association of persons which is formed outside India and which carries on a
business, or part of a business, in any part of India;

The offence under sections 7A, 8 and this section shall be cognizable.

5) Person in charge of commercial organization to be guilty of offence –SEC. 10.

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Where an offence under section 9 is committed by a commercial organisation, and such offence is proved in the
court to have been committed with the consent or connivance of any director, manager, secretary or other
officer shall be of the commercial organisation, such director, manager, secretary or other officer shall be guilty
of the offence and shall be liable to be proceeded against and shall be punishable with imprisonment for a term
which shall not be less than three years but which may extend to seven years and shall also be liable to fine.

6) Public servant obtaining undue advantage, without consideration from person concerned in
proceeding or business transacted by such public servant SEC.11.
shall be punishable with imprisonment for a term which shall be not less than six months but which may
extend to five years and shall also be liable to fine.

7) Criminal misconduct by a public servant –SEC. 13.

A public servant is said to commit the offence of criminal misconduct,—

(a) if he dishonestly or fraudulently misappropriates or otherwise converts for his own use any property
entrusted to him or any property under his control as a public servant or allows any other person so to do; or

(b) if he intentionally enriches himself illicitly during the period of his office.

public servant who commits criminal misconduct shall be punishable with imprisonment for a term
which shall be not less than 3[four years] but which may extend to 4[ten years] and shall also be liable to fine.

Presumption

A person shall be presumed to have intentionally enriched himself illicitly if he or any person on his behalf,
is in possession of or has, at any time during the period of his office, been in possession of pecuniary resources
or property disproportionate to his known sources of income which the public servant cannot satisfactorily
account for.

‘‘known sources of income’’ means income received from any lawful sources

8) Punishment for habitual offender.—SEC. 14.

Whoever convicted of an offence under this Act subsequently commits an offence punishable under this Act,
shall be punishable with imprisonment for a term which shall be not less than five years but which may extend
to ten years and shall also be liable to fine.

9) Punishment for attempt.— SEC. 15.

Whoever attempts to commit an offence referred to in clause (a) of sub-section (1) of section 13 shall be
punishable with imprisonment for a term [which shall not be less than two years but which may extend to five
years] and with fine.
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10) Matters to be taken into consideration for fixing fine.—SEC. 16.

Where a sentence of fine is imposed under section 7 or section 8 or section 9 or section 10 or section 11 or sub-
section (2) of section 13 or section 14 or section 15, the court in fixing the amount of the fine shall take into
consideration the amount or the value of the property, if any, which the accused person has obtained by
committing the offence or where the conviction is for an offence referred to in clause (b) of sub-section
(1) of section 13, the pecuniary resources or property referred to in that clause for which the accused person is
unable to account satisfactorily.

11) Forfeiture of Property

The new Section 18A also introduces a provision for special courts to confiscate and attach the property
acquired through corrupt practices.

12) Enhancement of Punishment

Punishment has been increased from a minimum imprisonment term of 6 (six) months to 3 (three) years, and
from a maximum of 5 (five) years to 7 (seven) years, with or without fine.

Time Frame for Trial

To ensure speedy justice, the Amendment Act now prescribes that the courts shall endeavor to complete the
within 2 (two) years. This period can be extended by 6 (six) months at a time and up to a maximum of 4 (four)
years in aggregate subject to proper reasons for the same being recorded.

Investigation

Investigation shall be done by a police officer not below the rank of:

 In case of Delhi, of an Inspector of Police.

 In metropolitan areas, of an Assistant Commissioner of Police.
 Elsewhere, of a Deputy Superintendent of Police or an officer of equivalent rank shall investigate any
offence punishable under this Act without the order of a Metropolitan Magistrate or a magistrate of first
class, or make any arrest therefore without a warrant.

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If a police officer not below the rank of an Inspector of Police is authorized by the State Government in this
behalf by general or special order, he may investigate such offence without the order of a Metropolitan
Magistrate or Magistrate of First class or make arrest therefor without a warrant.

Provided further that an offence referred to sec 13.1.e shall not be investigated without the order of a police
officer not below the rank of a Superintendent of Police. Any such investigation without the order of a SP or
above rank will be dismissed see Umesh Kumar Choubey vs State of Madhya Pradesh.

Previous Sanctions:
Previous sanction is required in following cases:
When an offence is punishable under secs. 7, 10, 11, 13 and 15 of the Act.

In case of a person who is employed in connection with the affiars of the Union or State and is not removable
from his ofice save by or with the sanction of the Central or State Government as the case may be. In case of
any other person, of authority competent to remove him from his office.

Previous sanction is required, if the court feels that a failure has occured in the administration of justice,
to do the following:
reversal or alteration by the Court of Appeal of any findings, or any sentence or order passed by a Special
Judge. stay the proceedings on the ground of error, omission or irregularity. revision of any interlocutory order
passed in inquiry, trial, appeal or proceedings.

Accused: A Competent Witness:

Any person charged with an offence punishable under this Act, shall be a competent witness for the defense and
may give evidence on oath in disproof of the charges made against him or any person charged together with
him at the same trial:
Provided that-
(a) He shall not be called as a witness except at his own request;
(b) His failure to give evidence shall not be made the subject of any comment by the prosecution or give rise to
any presumption against himself or any person charged together with him at the same trial;
(c) He shall not be asked, and if asked shall not be required to answer, any question tending to show that he has
committed or been convicted of any offence other than the offence with which he is charged, or is of bad
character, unless-
(i) The proof that he has committed or been convicted of such offence is admissible evidence to show that he is
guilty of the offence with which he is charged, or
(ii) He has personally or by his pleader asked any question of any witness for the prosecution with a view to

73
establish his own good character, or has given evidence of his good character, or the nature or conduct of the
defense is such as to involve amputations on the character of the prosecutor or of any witness for the
prosecution, or
(iii) He has given evidence against any other person charged with the same offence.

Appeal And Revision:

The High Court has given all power of appeal and revision that are provided to it through Cr.P.C. as if the Court
of Special Judge were a Court of Session trying cases within the local limits of the High Court.

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 MODULE 3

THE MAHARASHTRA CONTROL OF ORGANISED CRIME ACT 1999

1. INTRODUCTION

This act was brought in the year of 1999 with the main purpose to regulate and control the increase in organised
crime & terrorism which has seen an upsurge in the economic capital of India by providing a special framework
to combat criminal activities like murders of tycoons related to film industry as well by builders, extortion of
money from businessmen, abduction etc. which clearly purported the existence of organised gangs in Mumbai,
as well as in entire State of Maharashtra.

The extended jurisdiction to the National Capital Territory of Delhi in 2002 of this Act, constitutes one of the
peculiar features apart from the power to intercept wires, electronic or oral communication means, admissibility
of confessions before senior officials, no provision for anticipatory bail within 6 months to the accused from the
date of commission of offence etc.

Thus, to strengthen the existing legal framework and to cope with the increasing use of technology for
committing organised crime, in the eyes of Governor of Maharashtra it was necessary to promulgate an
ordinance to this effect, which was passed on 24 th February, 1999 with the title as ‘Maharashtra Control of
Organised Crimes Ordinance 1999’, as both the houses of State Legislature were not in session.

Object and purpose

The statement of object and preamble of the Act, makes it clear that the Act was enacted to achieve the
following purpose:

 To make special provisions for prevention and control of, and for coping with, criminal activity by
organized crime syndicate or gang;
 It was necessary and expedient to replace the 1999 Ordinance by an Act of the State Legislature for
effective implementation and proper adjudication of the offences thereby;
 As Organised Crimes knows no national boundaries and is fueled by illegal wealth generated by
contract, killing, extortion, smuggling in contrabands, illegal trade in narcotics kidnappings for ransom,
collection of protection money and money laundering, etc which required a special law to deal with
such increasing mal practices;

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  The possibility of organised crime being operating in the State which was fostering narco terrorism and
aiding the terrorist gangs by illegal funding of wealth and black money, required immediate State action
for which the Ordinance to this effect which was replaced by the full-fledged Act was needed.

Application of this Act

The Act was already in force by virtue of the Ordinance promulgated to the effect from 24 th February 1999 and
Section- 1 of the Act clearly specifies that it shall have retrospective effect and deemed to have come into force
from such date itself. Moreover, the Act got the assent of the President on 23rd April 1999 and was first
published in Maharashtra Government Gazette on 24th April 1999.

The Act extends to the whole State of Maharashtra and by virtue of 2002 order of Union Ministry of Home
Affairs, it also extends to the National Capital Territory of Delhi.

‘Organised Crime’, ‘Organised Crime Syndicate’ and ‘Continuing unlawful activity’

The interpretation or definition clause of the Act u/s, 2 defines these terms which are as follows:

 Section 2(e) defines ‘Organised Crime’ which means

“any continuing unlawful activity by an individual, singly or jointly, either as a member of an

organised crime syndicate or on behalf of such syndicate, by use of violence or threat of violence
or intimidation or coercion, or other unlawful means, with the objective of gaining pecuniary
benefits, or gaining undue economic or other advantage for himself or any other person or
promoting insurgency”;

 Section 2(f) defines ‘Organised Crime Syndicate’ which means

“a group of two or more persons who, acting either singly or collectively, as a syndicate or gang indulge
in activities of organised crime”

To fully understand the meaning of Organised Crime, it is necessary to study the definition of ‘continuing
unlawful activity’ which is defined as follows in the Act, so as to have clear interpretation of the former term:

 Section 2(d) ‘continuing unlawful activity’ means

“an activity prohibited by law for the time being in force, which is a cognizable offence punishable with
imprisonment of three years or more, undertaken either singly or jointly, as a member of an organised
crime syndicate or on behalf of such syndicate in respect of which more than one charge-sheets have

76
 been filed before a competent Court within the preceding period of ten years and that Court has taken
cognizance of such offence”.

MCOCA 1999 has an overriding effect on other State and Central Acts, and what brings this Act at par
with a Central Legislation?

There are two reasons why MCOCA is seen at par with the Central Legislation and in some cases have an
overriding effect on State as well as Central Acts:

 Firstly, that being a State Act it has received the assent of the President of India; and
 Secondly, by virtue of Section-25 of the Act which unequivocally quotes while initiating with Non-
obstante clause that, anything contained in this Act or any rule or any order made under such rule shall
have effect over anything inconsistent therewith contained in any other law for the time being in force
and any instrument which is having force of law.

Punishments for the Commission of Organised Crimes

Section-3: Punishment for Organised Crimes

1. (a) If commission of organised crime results in death of any person

Punishable with Death or Life Imprisonment and fine (min. of ₹1lakh)

(b) If commission of organised crime doesn’t result in death of any person

Imprisonment with may extend to LI but not less than 5 years and fine (min. of ₹5lakhs)

2. Whoever conspires or attempts to commit or advocates, abets or knowingly facilitates the commission of an
organised crime or any act preparatory to organised crime

Imprisonment with may extend to LI but not less than 5 years and fine (min. of ₹5lakhs)

3. Whoever harbours or conceals or attempts to harbour or conceal, any member of an organised crime
syndicate

Imprisonment with may extend to LI but not less than 5 years and fine (min. of ₹5lakhs)

4. Any person who is a member of an organised crime syndicate

Imprisonment with may extend to LI but not less than 5 years and fine (min. of ₹5lakhs)

77
5. Whoever holds any property derived or obtained from commission of an organised crime or which has been
acquired through the organised crime syndicate funds

Imprisonment with may extend to LI but not less than 3 years and fine (min. of ₹2lakhs)

6. Punishment for possessing unaccountable wealth on behalf of member of organised crime syndicate
Section 4-

If any person on behalf of a member of an organised crime syndicate is, or, at any time has been, in possession
of movable or immovable property which he cannot satisfactorily account for

Imprisonment with may extend to 10 years but not less than 3 years and fine (min. of ₹1lakh) and the property
shall be liable for attachment & forfeiture per the procedure of Section 20 of MCOCA 1999.

7. Interception and disclosure of wire, electronic or oral communications prohibited Section 16-

Any Police Officer who intentionally or with malafide intention intercepts & disclosed wired or oral
communication shall be punished

Imprisonment for a term which may extend to one year and with fine up to ₹50 thousand

8. Punishment for public servants failing in the discharge of their duties Section 24-

A Public Servant who renders any help or support in any manner in the commission of organised crime as
defined in clause (e) of section 2, whether before or after the commission of any offence by a member of an
organised crime syndicate or abstains from taking lawful measures under this Act or intentionally avoids to
carry out the directions of any Court or of the superior police officers in this respect

Imprisonment of either description which may extend to 3 years and also with fine.

The special courts constituted under MCOCA 1999 and its jurisdiction & qualification to preside over
them as a judge

Literally, Special Court as defined u/s. 2(g) of the Act states as follows: “Special Court” means the Special
Court constituted under section 5. Thus, specific reliance is to be made to Section 5 of the Act for elaborative
sphere of Special Court.

Section-5 of the Act provides that the State Government, by notification in the official gazette, constitute one or
more special courts for such area/areas and for such cases/group of cases which it notifies in the gazette itself.
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The special court shall preside over by a judge who is to be appointed by the State Government in concurrence
with the Chief Justice of Bombay High Court and State Govt. can also appoint such additional judges to
exercise the power of the Special Court, only with the concurrence of the Chief Justice of Bombay High Court.
Moreover, the decision of the State Govt. is final as to the jurisdiction exercised by the Special Court.

Further, the State Govt shall also appoint Public Prosecutor & Additional Public Prosecutor for every Special
Court who has been practising as an Advocate for not less than 10 years. (Section-8)

Qualification as to preside over the judge of Special Court:

 Immediately before his appointment as the judge of Special Court, he shall be a Sessions Judge or an
Additional Sessions Judge. [Section 5(4)]

Jurisdiction of the Special Court:

 The Special Court shall try all the offences under this Act which has been committed within its
jurisdiction or as the case maybe by the Special Court constituted for trying such offence under sub-
section (1) of section 5. [Section 6]

Public Prosecutor.sec.8

(1) For every Special Court, the State Government shall appoint a person to be the Public Prosecutor and may
appoint one or more persons to be the Additional Public Prosecutor or Additional Public Prosecutors:
Provided that, the State Government may also appoint for any case or group of cases, a Special Public
Prosecutor
(2) A Person shall not be qualified to be appointed as a Public Prosecutor, an Additional Public Prosecutor or a
Special Public Prosecutor unless he has been in practice as an Advocate for not less than ten years.
(3) Every person appointed as a Public Prosecutor or Additional Public Prosecutor or Special Public Prosecutor,
under this section shall be deemed to be a Public Prosecutor within the meaning of clause (u) of section 2 of the
Code, and the provisions of the Code shall have effect accordingly.

The power and procedure exercised by the special court

The Special Courts have following powers as has been conferred on it by the Act:
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  While trying an offence under this Act, the Special court my also try any other offence committed by
the accused under this Act or under any other Act, if it is related to that offence and may sentence the
same accordingly. [Section 7]
 Special Court may take cognizance of offence under this Act against any person, even if it has not been
committed to it, either on receiving the compliant or police report, as the case maybe. [Section 9(1)]
 When an offence is triable by a Special Court under this Act not exceeding the prescribed punishment
beyond 3 years of imprisonment or fine or both, he can summarily try the case in accordance with the
procedure prescribed in the Code of Criminal Procedure, 1973 (hereinafter referred as ‘CrPC’) u/s. 263
to 265.

If the Special Court is of the opinion that it is undesirable to try a case in summary way, then he
may dispense with such summary procedure and rehear the case, as if he is the magistrate to try that
case in a trial and abide by the provisions of CrPC. [Section 9(2)]

Moreover, while summarily trying a case, Special Court may sentence an imprisonment for a term
not exceeding 2 years.

The Procedure for taking cognizance and investigation thereto, under MCOCA is as follows:

 Section 23 of the Act clearly provides for a mandatory action of taking approval of the police officer not
below the rank of the Deputy Inspector General of Police for recording the information by the Police
officer of the commission of offence under MCOCA and no investigation shall be undertaken by any
police officer below the rank of Deputy Superintendent of Police.
 Furthermore, Section 23 also postulates that Special Court shall not take cognizance without the
previous sanction of the police officer not below the rank of Additional Director General of Police.

other

1. The Act provides for the establishment of Special Courts for the purpose of effective adjudication of
cases pertaining to Organised Crime and Terrorism.
2. Provides for the appointment of Competent Authority for the purpose of interception of wires, and
medium of electronic or oral communication. [Section 13-14]
3. Constitution of Review Committee to review every order of Competent Authority in relation to
authorisation of interception etc. [Section- 15].
4. Special rules of evidence to apply in the cases tried by Special Court under MCOCA wherein the CrPC
and Evidence Act’s applicability is restricted. [Section-17]
5. Confession recorded by a police officer not below the rank of Superintendent of Police shall be
admissible in the trial of such person, co-accused, abettor or conspirator. [Section- 18]

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 6. Specified provisions for the protection of witnesses of the offences under this Act. [Section- 19]
7. Provisions for forfeiture and attachment of property of the accused and which is specified in the order
by the Special Court. [Section-20]
8. Section 438 not to apply under this Act and the words ‘15 days’ and ‘60 days’ shall be construed as ‘30
days’ and ‘90 days’, respectively u/s. 167 CrPC. [Section- 21]
9. Every Offence committed under this Act shall be a cognizable offence. [Section- 21]
10. Special powers of High Court and State Government to make rules u/s. 28 and 29 of the Act.
11. Extreme difficult provisions for securing bail.
12. Causation of Annual Reports of Interceptions by State Government with the particulars as provided u/s.
27 of MCOCA, etc.

The presumptions as to offences committed

Section 22 provides for the presumption as to commission of the offence by the accused person if the following
are proved and contrary is not established:

 That any unlawful arms and other material including documents or papers were recovered from the
possession of the accused and there is reason to believe that the same have been used in the commission
of the offence;
 That the evidence of the expert shows that the fingerprint of the accused was found from the crime
scene and materials used in commission of the offence under this Act; and
 That the accused has rendered any financial support or aid to the person accused or any suspect of
offence committed under this Act.

SECTION 13: APPOINTMENT OF COMPETENT AUTHORITY.

The State Government may appoint any of its officer, in Home Department not below the rank of
Secretary to Government, to be the Competent Authority for the purposes of section 14.

SECTION 14: AUTHORIZATION OF INTERCEPTION OF WIRE, ELECTRONIC OR ORAL

COMMUNICATION.
(1) A Police Officer not below the rank of Superintendent of Police supervising the investigation of an
organised crime under this Act may submit an application in writing to the Competent Authority for an
order authorising or approving the interception of wire, electronic or oral communication by the
investigating officer when such interception may provide or has provided evidence of any offence
involving an organised crime.
(2) Each application shall include the following information:

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 (a) the identity of the investigative or law enforcement officer making the application, and the head of
the department authorising the application:
(b) a statement of the facts and circumstance, relied upon by the applicant, to justify his belief that an
order should be issued, including
(i) details as to the offence of organised crime that has been, is being, or is about to be committed;
(ii) a particular description of the nature and location of the facilities from which or the place where the
communication is to be intercepted;
(iii) a particular description of the type of communications sought to be intercepted; and
(iv) the identity of the person, if known, committing the offence of organised crime whose
communications are to be intercepted;
(c) a statement as to whether or not other modes of enquiry or intelligence gathering have been tried and
failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous or is likely
to expose the identity of those connected with the operation of interception;
(d) a statement of the period of time for which the interception is required to be maintained. If the nature
of the enquiry is such that the authorization for interception should not automatically terminate when the
described type of communication has been first obtained, a particular description of facts establishing
probable cause to be believe that additional communications of the same type, will occur thereafter;
 (e) a statement of the facts concerning all previous applications known to the individual authorizing and
making the application, made to the Competent Authority for authorization to intercept; or for approval
of interceptions of, wire electronic or oral communications involving any of the same persons, facilities
or places specified in the application and the action taken by the Competent Authority on each such
application; and
(f) where the application is for the extension of an order, a statement setting forth the results thus far
obtained from the interception, or a reasonable explanation of the failure to obtain such results.
(3) The Competent Authority may require the applicant to furnish additional oral or documentary
evidence in support of the application.
(4) Upon such application, the Competent Authority may after recording the reasons in writing reject the
application, or issue an order, as requested or as modified, authorising or approving interception of wire,
electronic or oral communications, if the Competent Authority on the basis of the facts submitted by the
applicant that
(a) there is a probable cause for belief that an individual is committing, has committed, or is about to
commit a particular offence described and made punishable under section 3 and 4 of this Act;
(b) there is a probable cause for belief that particular communications concerning that offence will be
obtained through such interception;

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(c) normal modes of enquiry and intelligence gathering have been tried and have failed or reasonably
appear to be unlikely to succeed if tried or to be too dangerous or is likely to expose the identity of those
connected with the operation of interception;
(d) there is probable cause for belief that the facilities from which, or the place where, the wire,
electronic or oral communications are to be intercepted or be used or are about to be used, in connection
with the commission of such offence, leased to, or are listed in the name of or commonly used by such
person.
(5) Each order by the Competent Authority authorizing or approving the interception of any wire,
electronic or oral communication under this section shall specify
(a) the identity of the person, if know, whose communications are to be intercepted;
(b) the nature and location of the communication facilities as to which, or the place where, authority to
intercept is granted;
(c) a particular description of the type of communication sought to be intercepted, and a statement of the
particular offence to which it relates;
(d) the identity of the agency authorized to intercept the communications, and of the person authorizing
the application; and
(e) the period of time during which such interception is authorized. including a statement as to whether
or not the interception shall automatically terminate when the described communication has been first
obtained.
(6) The Competent Authority shall immediately passing the order under sub-section (4), but in any case
not later than seven days from the passing of the order, submit a copy of the same to the Review
Committee constituted under section 15 alongwith all the relevant underlying papers, record and his
own findings, etc. in respect of the said order, for consideration and approval of the order by the Review
Committee.
(7) An order authorizing the interception of a wire, electronic or oral communication under this section
shall, upon request of the applicant, direct that a provider of wire or electronic communication service,
landlord, custodian or other person shall furnish to the applicant forthwith all information, facilities, and
technical assistance necessary to accomplish the interception unobtrusively and with a minimum of
interference with the services that such service provider, landlord, custodian, or person is providing to
the person whose communications are to be intercepted.
(8) No order issued under this section may authorize or approve the interception of any wire, electronic
or oral communication for any period longer than is necessary to achieve the objective of the
authorization, nor in any event longer than sixty days. Such sixty days period shall begin on the day
immediately preceding the day on which the investigative or law enforcement officer first begins to
conduct an interception under the order or ten days after the order is issued, whichever is earlier.
Extension of an order may be granted, but only upon an application for an extension is made in

83
accordance with sub-section (1) and the Competent Authority making the findings required by sub-
section (4). The period of extension shall be no longer than the Competent Authority deems necessary to
achieve the purposes for which it was granted and in no event for longer than sixty days at a time. Every
order and extension thereof shall contain a provision that the authorization to intercept shall be executed
as soon as practicable and shall be conducted in such a way or manner as to minimize the interception of
communications not otherwise subject to interception under this section and must terminate upon
attainment of the authorized objective, or in any event on expiry of the period of the order. In the event
the intercepted communication is in a code or foreign language, and an expert in that foreign language
or code is not reasonably available during the interception period, minimization may be accomplished as
soon as practicable after such interception. An interception under this section may be conducted in
whole or in part by public servant, or by an individual operating under a contract with the State
Government, acting under the supervision of the investigative or law enforcement officer authorized to
conduct the interception.
(9) Whenever an order authorizing interception is issued pursuant to this section, the order may require
reports to be made to the Competent Authority who issued the order showing that progress has been
made towards achievement of the authorized objective and the need for continued interception. Such
reports shall be made at such intervals as the Competent Authority may require.
(10) Notwithstanding anything contained in any other provision of this section, an officer not below the
rank of Additional Director General of Police who reasonably determines that -
(a) an emergency situation exists that involves.
(i) immediate danger of death or serious physical injury to any person;
(ii) conspiratorial activities threatening the security or interest of the State; or
(iii) conspiratorial activities, characteristic of organized crime, that requires a wire, electronic or oral
communication to be intercepted before an order from the Competent Authority authorizing such
interception can, with due diligence, be obtained, and
(b) there are grounds upon which an order could be issued under this section to authorize such
interception, may authorise, in writing, the investigating Police Officer to intercept such wire, electronic
or oral communication, if an application for an order approving the interception is made in accordance
with the provisions of sub-sections (1) and (2) within forty-eight hours after the interception has
occurred, or begins to occur.
(11) In the absence of an order approving the interception made under sub-section (10), such
interception shall immediately terminate when the communication sought is obtained or when the
application for the order is rejected, whichever is earlier. In the event where an application for
permitting interception is rejected under sub-section (4) or an application under sub-section (10) for
approval is rejected, or in any other case where the interception is terminated without an order having

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been issued, the contents of any wire, electronic or oral communication intercepted shall be treated as
having been obtained in violation of this section.
(12)(a) The contents of any wire, electronic or oral communication intercepted by any means authorized
by this section shall, if possible, be recorded on tape or wire or other comparable devise. Recording of
the contents of any wire, electronic or oral communication under this sub-section shall be done in such a
way as will protect the recording from editing or other alterations. Immediately upon the expiration of
the period of order, or extension thereof, such recordings shall be made available to the Competent
Authority issuing such order and shall be sealed under this directions. Custody of the recordings shall be
wherever the Competent Authority orders. They shall not be destroyed except upon an order of the
Competent Authority and in any event shall be kept for ten years.
(b) Applications made and orders issued under this section shall be sealed by the Competent Authority.
Custody of the applications and orders shall be wherever the Competent Authority directs, and shall not
be destroyed except on an order of the Competent Authority, and in any event shall be kept for ten
years.
The Competent Authority upon the filing of a motion, may in his discretion make available to such
person or his counsel for inspection such portions of the intercepted communications, applications and
orders as the Competent Authority determines to be in the interest of justice.
(13) Notwithstanding anything in the Code or in any other law for the time being in force, the evidence
collected through the interception of wire, electronic or oral communication under this section shall be
admissible as evidence against the accused in the Court during the trial of a case.
Provided that, the contents of any wire, electronic or oral communication intercepted pursuant to this
section or evidence derived therefrom shall not be received in evidence or otherwise disclosed in any
trial, hearing or other proceeding in any court unless each party, not less than ten days before trial,
hearing or proceeding, has been furnished with a copy of the order of the Competent Authority, and
accompanying application, under which the interception was authorised or approved:
Provided further that, this ten days period may be waived by the judge, trying the matter, if he finds that
it was not possible to furnish the party with the above information ten days before the trial, hearing or
proceeding and that the party will not be prejudiced by the delay in receiving such information.
Explanation - For the purposes of this section-
(a) ˜wire communication' means any aural transfer made in whole or part through the use of facilities for
the transmission of communications by the aid of wire, cable or other like connection between the point
of origin and the point of connection, between the point of origin and the point of reception (including
the use of such connection in switching station) and such term includes any electronic storage of such
communication;

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(b) ˜oral communication' means any oral communication uttered by a person exhibiting an expectation
that such communication is not subject to interception under circumstances justifying such expectation
but such terms does not include any electronic communication;
(c) ˜electronic communication' means any transfer of signs, signals, writings, images, sounds, data or
intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo
electronic or photo optical system that affects inland or foreign commerce but does not include
(i) The radio portion of a cordless telephone communication that is transmitted between the wireless
telephone hand-set and the base unit;
(ii) any wire or oral communication;
(iii) any communication made through a tone only paging device; or
(iv) any communication from a tracking device;
(d) ˜intercept' means the aural or other acquisition of the contents by wire, electronic or oral
communication through the use of any electronic, mechanical or other device.

SECTION 15: CONSTITUTION OF REVIEW COMMITTEE FOR REVIEW OF

AUTHORISATION ORDERS.

(1) There shall be a Review Committee to review every order passed by the Competent Authority under
section 14.
(2) The Review Committee shall consist of the following ex officio members namely:
(i) the Chief Secretary to Government....Chairman.
(ii) the additional Chief Secretary or the senior most Principal Secretary as the case may be, in the
Home Department ... Member.
(iii) Principal Secretary or Secretary and Remembrancer of Legal Affairs, Law and Judiciary
Department ... Member.
(3) Every order passed by the Competent Authority under section 14, placed before the Review
Committee, shall be considered by the Review Committee within ten days after its receipt, to decide
whether the order, authorising or approving the application under sub-section (4) of section 14, for
interception or disapproving the interception made under sub-section (10) of that section in emergency
situation, passed by the Competent Authority was necessary, reasonable and justified.
(4) The Review Committee, after examining the entire record and holding such enquiry, if any, deemed
aissue order disapproving by the same. On issue of an order of disapproval by the Review Committee,
the interception, if any, already commenced shall be forthwith discontinued. The intercepted
communication, if any, in the form of tape, wire or other device shall, thereupon, not be admissible as
evidence in any case and shall be directed to be destroyed.

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 SECTION 16: INTERCEPTION AND DISCLOSURE OF WIRE, ELECTRONIC OR ORAL
COMMUNICATIONS PROHIBITED.
Except as otherwise specifically provided in section 14, any police officer who -
(a) intentionally intercepts, endeavours to intercept, or procures any other person to intercept or
endeavour to intercept any wire, electronic or oral communication;
(b) intentionally uses; endeavours to use, or procures any other person to use or endeavours to use any
electronic, mechanical or other device to intercept any oral communication when
(i) such device is affixed to, or otherwise transmits a signal through a wire, cable, or other like
connection used in wire communication; or
(ii) such device transmits communications by radio, or interferes with the transmission of such
communication;
(c) intentionally discloses, or endeavours to disclose, to any other person the contents of any wire,
electronic or oral communication, knowing or having reason to know that the information was obtained
through the interception of a wire, electronic or oral communication in violation of this sub-section;
(d) intentionally uses, or endeavours to use, the contents of any wire, electronic or oral communication,
knowing or having reason to know that the information was obtained through the interception of a wire,
electronic or oral communication in violation of this sub-section; or
(e)(i) intentionally discloses, or endeavours to disclose, to any other person the contents of any wire,
electronic or oral communication, intercepted by means authorized by section 14;
(ii) knowing or having reason to know that the information was obtained through the interception of
such a communication in connection with a criminal investigation under this Act;
(iii) having obtained or received the information in connection with a criminal investigation; and
(iv) with intent to improperly obstruct, impede, or interfere with a duly authorised criminal
investigation; or
(f) intentionally continues the interception of wire, electronic or oral communication after the issue of an
order of disapproval by the Review Committee under sub-section (4) of section 15, shall for such
violation be punishable with imprisonment for a term which may extend to one year and with fine upto
rupees fifty thousand.

Some of the landmark rulings of the Courts on MCOCA:

Hon’ble Supreme Court of India in the case of State of NCT of Delhi v. Brijesh Singh, [2017 SCC OnLine
SC 1206] has categorically observed that, ‘“Organised crime is not an activity restricted to a particular State
which is apparent from a perusal of the Statement of Objects and Reasons. A restrictive reading of the words
“competent Court” appearing in Section 2 (1)(d) of MCOCA will stultify the object of the Act and therefore

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charge sheets in other states can also be taken into account.”Bombay High Court in the case ofSaquib Abdul
Hamid Nachan v. Superintendent, Central Jail, [2017 SCC OnLine Bom 738] has held that, “Undertrial
detention under MCOCA cannot be set-off against the sentence imposed in Prevention of Terrorism Act 2002
(POTA).”
Delhi High Court while acquitting 8 accused in a murder case by Additional Sessions Judge Gautam Manna,
while stating that “police shall not invoke MCOCA without strict proof of the accused working as members of
an organised crime syndicate and not merely on the basis of their previous involvement in criminal cases.”
Post your comment

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 MODULE 4

The Narcotic Drugs and Psychotropic Substances Act, 1985,

The Narcotic Drugs and Psychotropic Substances Act, 1985, commonly referred to as the NDPS Act, is an
Act of the Parliament of India that prohibits a person to produce/manufacture/cultivate, possess, sell, purchase,
transport, store, and/or consume any narcotic drug or psychotropic substance. The Narcotic Drugs and
Psychotropic Substances Bill, 1985 was introduced in the Lok Sabha on 23 August 1985. It was passed by both
the Houses of Parliament, received assent from then President Giani Zail Singh on 16 September 1985, and
came into force on 14 November 1985. The NDPS Act has since been amended thrice - in 1988, 2001 and
2014. The Act extends to the whole of India and it applies also to all Indian citizens outside India and to all
persons on ships and aircraft registered in India.

Under one of the provisions of the act, the Narcotics Control Bureau was set up with effect from March 1986.
The Act is designed to fulfill India's treaty obligations under the Single Convention on Narcotic Drugs,
Convention on Psychotropic Substances, and United Nations Convention Against Illicit Traffic in Narcotic
Drugs and Psychotropic Substances.

Background

India had no legislation regarding narcotics until 1985. Cannabis smoking in India has been known since at
least 2000 BC[1] and is first mentioned in the Atharvaveda, which dates back a few hundred years BC. The
Indian Hemp Drugs Commission, an Indo-British study of cannabis usage in India appointed in 1893, found
that the "moderate" use of hemp drugs was "practically attended by no evil results at all", "produces no
injurious effects on the mind" and "no moral injury whatever". Regarding "excessive" use of the drug, the
Commission concluded that it "may certainly be accepted as very injurious, though it must be admitted that in
many excessive consumers the injury is not clearly marked". The report the Commission produced was at least
3,281 pages long, with testimony from almost 1,200 "doctors, coolies, yogis, fakirs, heads of lunatic asylums,
bhang peasants, tax gatherers, smugglers, army officers, hemp dealers, ganja palace operators and the clergy."

Cannabis and its derivatives (marijuana, hashish/charas and bhang) were legally sold in India until 1985, and
their recreational use was commonplace. Consumption of cannabis was not seen as socially deviant behaviour,
and was viewed as being similar to the consumption of alcohol. Ganja and charas were considered by upper
class Indians as the poor man's intoxicant, although the rich consumed bhang during Holi. The United States
began to campaign for a worldwide law against all drugs, following the adoption of the Single Convention on
Narcotic Drugs in 1961. However, India opposed the move, and withstood American pressure to make cannabis
illegal for nearly 25 years. American pressure increased in the 1980s, and in 1985, the Rajiv Gandhi
government succumbed and enacted the NDPS Act, banning all narcotic drugs in India.

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Preliminary

The short title for the Act is the Narcotic Drugs and Psychotropic Substances Act, 1985. It extends to the whole
of India. It came into force after the Central Government notified it in the Gazette of India on 14 November
1985.[7]

. Definitions

Section 2 of the Act defines the various terms used in it, unless the context otherwise requires. Some of the
definitions are listed below. Words and expressions used in the Act, and not defined, but defined in the Code of
Criminal Procedure, 1973 have the meanings respectively assigned to them in that Code.

 "cannabis (hemp)" means: (a) charas, that is, the separated resin, in whatever form, whether crude or
purified, o2btained from the cannabis plant and also includes concentrated preparation and resin known
as hashish oil or liquid hashish; (b) ganja, that is, the flowering or fruiting tops of the cannabis plant
(excluding the seeds and leaves when not accompanied by the tops), by whatever name they may be
known or designated; and (c) any mixture, with or without any neutral material, of any of the above
forms of cannabis or a drink prepared there from;
 "cannabis plant" means any plant of the genus cannabis.
 "coca derivative" means: (a) crude cocaine, that is, any extract of coca leaf which can be used, directly
or indirectly, for the manufacture of cocaine; (b) ecgonine and all the derivatives of ecgonine from
which it can be recovered; (c) cocaine, that is, methyl ester of benzoyl-ecgonine and its salts; and (d) all
preparations containing more than 0.1 per cent. of cocaine
 "coca leaf" means: (a) the leaf of the coca plant except a leaf from which all ecgonine cocaine and any
other ecgonine alkaloids have been removed; (b) any mixture thereof with or without any neutral
material, but does not include any preparation containing not more than 0.1 per cent. of cocaine; (vii)
"coca plant " means the plant of any species of the genus Errythroxylon;
 "Controlled substance" means any substance which the Central Government may, having regard to the
available information as to its possible use in the production or manufacture of narcotic drugs or
psychotropic substances or to the provisions of any International Convention, by notification in the
Official Gazette, declare to be a controlled substances.
 "conveyance" means a conveyance of any description whatsoever and includes any aircraft, vehicle or
vessel;
 "illicit traffic", in relation to narcotic drugs and psychotropic substances, means: (i) cultivating any coca
plant or gathering any portion of coca plant; (ii) cultivating the opium poppy or any cannabis plant; (iii)
engaging in the production, manufacture, possession, sale, purchase, transportation, warehousing,
concealment, use or consumption, import inter-State, export inter-State, import into India, export from

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 India or transshipment, of narcotic drugs or psychotropic substances; (iv) dealing in any activities in
narcotic drugs or psychotropic substances other than those referred to in sub-clauses (i) to (iii); or (v)
handling or letting out any premises for the carrying on of any of the activities referred to in sub-clauses
(i) to (iv), other than those permitted under this Act, or any rule or order made or any condition of any
license, term or authorization issued, thereunder, and includes: (1) financing, directly or indirectly, any
of the aforementioned activities; (2) abetting or conspiring in the furtherance of or in support of doing
any of the aforementioned activities; and (3) harboring persons engaged in any of the aforementioned
activities.
 "manufacture", in relation to narcotic drugs or psychotropic substances, includes: (1) all processes other
than production by which such drugs or substances may be obtained; (2) refining of such drugs or
substances; (3) transformation of such drugs or substances; and (4) making of preparation (otherwise
than in a pharmacy on prescription) with or containing such drugs or substances.
 "manufactured drug" means: (a) all coca derivatives, medicinal cannabis, opium derivative and poppy
straw concentrate; (b) any other narcotic substance or preparation which the Central Government may,
having regard to the available information as to its nature or to a decision, if any, under any
International Convention, by notification in the Official Gazette, declare to be a manufactured drug; but
does not include any narcotic substance or preparation which the Central Government may, having
regard to the available information as to its nature or to a decision, if any, under any International
Convention, by notification in the Official Gazette, declare not to be a manufactured drug.
 "medicinal cannabis". that is, medicinal hemp, means any extract or tincture of cannabis (hemp).
 "narcotic drug" means coca leaf, cannabis (hemp), opium, poppy straw and includes all manufactured
drugs.
 "opium" means: (a) the coagulated juice of the opium poppy; and (b) any mixture, with or without any
neutral material, of the coagulated juice of the opium poppy, but does not include any preparation
containing not more than 0.2 per cent. of morphine; (xvi) *"opium derivative" means: (a) medicinal
opium, that is, opium which has undergone the processes necessary to adapt it for medicinal use in
accordance with the requirements of the Indian Pharmacopoeia or any other pharmacopoeia notified in
this behalf by the Central Government, whether in powder form or granulated or otherwise or mixed
with neutral materials; (b) prepared opium, that is, any product of opium obtained by any series of
operations designed to transform opium into an extract suitable for smoking and the dross or other
residue remaining after opium is smoked; (c) phenanthrene alkaloids, namely, morphine, codeine,
thebaine and their salts; (d) diacetylmorphine, that is, the alkaloid also known as dia-morphine or heroin
and its salts; and (e) all preparations containing more than 0.2 per cent. of morphine or containing any
diacetylmorphine;
 "opium poppy" means: (a) the plant of the species Papaver somniferum L.; and (b) the plant of any other
species of Papaver from which opium or any phenanthrene alkaloid can be extracted and which the

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 Central Government may, by notification in the Official Gazette, declare to be opium poppy for the
purposes of this Act;
 "poppy straw" means all parts (except the seeds) of the opium poppy after harvesting whether in their
original form or cut, crushed or powdered and whether or not juice has been extracted there from;
 "poppy straw concentrate" means the material arising when poppy straw has entered into a process for
the concentration of its alkaloids;
 "preparation", in relation to a narcotic drug or psychotropic substance, means any one or more such
drugs or substances in dosage form or any solution or mixture, in whatever physical state, containing
one or more such drugs or substances;
 "production" means the separation of opium, poppy straw, coca leaves or cannabis from the plants from
which they are obtained;
 "psychotropic substance" means any substance, natural or synthetic, or any natural material or any salt
or preparation of such substance or material included in the list of psychotropic substances specified in
the Schedule;
 "use", in relation to narcotic drugs and psychotropic substances, means any kind of use except personal
consumption.

For the purposes of clauses "coca derivative", "coca leaf", "opium" and "opium derivative" the percentages in
the case of liquid preparations shall be calculated on the basis that a preparation containing one per cent. of a
substance means a preparation in which one gram of substance, if solid, or one milliliter of substances, if liquid,
is contained in every one hundred milliliter of the preparation and so on in proportion for any greater or less
percentage, provided that the Central Government may, having regard to the developments in the field of
methods of calculating percentages in liquid preparations prescribe, by rules, any other basis which it may deem
appropriate for such calculation.

Authorities And Officers

1) Central Government to take measures for preventing and combating abuse of and illicit traffic in
narcotic drugs, etc.sec. 4.

Subject to the provisions of this Act, the Central Government can take all such measures as it deems necessary
or expedient for the purpose of preventing and combating abuse of narcotic drugs and psychotropic substances
and the illicit traffic. These measures include with respect to all or any of the following matters, namely

 coordination of actions by various officers, State Governments and other authorities under this Act, or
under any other law for the time being in force in connection with the enforcement of the provisions of
this Act.
 obligations under the International Conventions.
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  assistance to the concerned authorities in foreign countries and concerned international organizations
with a view to facilitating coordination and universal action for prevention and suppression of illicit
traffic in narcotic drugs and psychotropic substances; (d) identification, treatment, education, after care,
rehabilitation and social re-integration of addicts.
 such other matters as the Central Government deems necessary or expedient for the purpose of securing
the effective implementation of the provisions of this Act and preventing and combating the abuse of
narcotic drugs and psychotropic substances and illicit traffic therein.

The Central Government may also by order, published in the Official Gazette, constitute an authority or a
hierarchy of authorities by such name or names as may be specified in the order for the purpose of exercising
such of the powers and functions of the Central Government under this Act and for taking measures with
respect to such of the matters referred to above as may be mentioned in the order, and subject to the supervision
and control of the Central Government and the provisions of such order, such authority or authorities may
exercise the powers and take the measures so mentioned in the order as if such authority or authorities had been
empowered by this Act to exercise those powers and take such measures. [7]

2) Officers of the Central Government sec. 5.

The Central Government appointed a Narcotics Commissioner under this section of the Act, and may also
appoint such other officers with such designations as it thinks fit for the purposes of this Act. The Narcotics
Commissioner shall, either by himself or through officers subordinate to him, exercise all powers and perform
all functions relating to the superintendence of the cultivation of the opium poppy and production of opium and
shall also exercise and perform such other powers and functions as may be entrusted to him by the Central
Government. The appointed officers are subject to the general control and direction of the Central Government,
or, if so directed by that Government, also of the Central Board of Excise and Customs or any other authority or
officer.[7]

3) The Narcotic Drugs and Psychotropic Substances Consultative Committee sec. 6.

The Central Government may constitute, by notification in the Official Gazette, an advisory committee to be
called "The Narcotic Drugs and Psychotropic Substances Consultative Committee" (hereafter in this section
referred to as the Committee) to advise the Central Government on such matters relating to the administration
of this Act as are referred to it by that Government from time to time. The Committee shall consist of a
Chairman and such other members, not exceeding twenty, as may be appointed by the Central Government.
The Committee shall meet when required to do so by the Central Government and shall have power to regulate
its own procedure. The Committee may, if it deems it necessary so to do for the efficient discharge of any of its
functions, constitute one or more sub-committees and may appoint to any such sub-committee, whether
generally or for the consideration of any particular matter, any person (including a non-official) who is not a
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member of the Committee. The term of office of, the manner of filling casual vacancies in the offices of and the
allowances, if any, payable to, the Chairman and other members of the Committee, and the conditions and
restrictions subject to which the Committee may appoint a person who is not a member of the Committee as a
member of any of its sub-committees, shall be such as may be prescribed by rules made by the Central
Government.

4) Officers of State Government sec. 7.

The State Government may appoint such officers with such designations as it thinks fit for the purposes of this
Act. The appointed officers are subject to the general control and direction of the State Government, or, if so
directed by that Government, also of any other authority or officer. [7]

Prohibition, Control And Regulation

8. Prohibition of certain operations

This section prohibits any person from cultivating any coca plant or gathering any portion of coca plant; or
cultivating the opium poppy or any cannabis plant; or producing, manufacturing, possessing, selling,
purchasing, transporting, ware-housing, using, consuming, import inter-State export inter-State import into
India, exporting from India or transshipment of any narcotic drug or psychotropic substance, except for medical
or scientific purposes and in the manner and to the extent provided by the provisions of this Act or the rules or
orders made thereunder and in a case where any such provision, imposes any requirement by way of license,
permit or authorization also in accordance with the terms and conditions of such license, permit or
authorization.[7]

Nothing in this section applies to the export of poppy straw for decorative purposes. [7]

9. Power of Central Government to permit, control and regulate.

Subject to the provisions of section 8, the Central Government may, by rules, permit, regulate and prescribe any
other matter requisite to render effective the control of the Central Government over any of the matters
specified below:

 the cultivation, or gathering of any portion (such cultivation or gathering being only on account of the
Central Government) of coca plant, or the production, possession, sale, purchase, transport, import inter-
State, export inter-State, use or consumption of coca leaves
 the cultivation (such cultivation being only on account of Central Government) of the opium poppy
 the production and manufacture of opium and production of poppy straw

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  the sale of opium and opium derivatives from the Central Government factories for export from India or
sale to State Government or to manufacturing chemists
 the manufacture of manufactured drugs (other than prepared opium) but not including manufacture of
medicinal opium or any preparation containing any manufactured drug from materials which the maker
is lawfully entitled to possess
 the manufacture, possession, transport, import inter-State, export inter-State, sale, purchase,
consumption or use of psychotropic substances;
 the import into India and export from India and transhipment of narcotic drugs and psychotropic
substances.[7]

In particular and without prejudice to the generality of the foregoing power, such rules may:

 empower the Central Government to fix from time to time the limits within which licenses may be given
for the cultivation of the opium poppy;
 require that all opium, the produce of land cultivated with the opium poppy, shall be delivered by the
cultivators to the officers. authorized in. this behalf by the Central Government;
 prescribe the forms and conditions of licenses for cultivation of the opium poppy and for production and
manufacture of opium; the fees that may be charged therefor; the authorities by which such licenses may
be granted, withheld, refused or cancelled and the authorities before which appeals against the order of
withholding, refusal or cancellation of licenses shall lie;
 prescribe that opium shall be weighed, examined and classified according to its quality and consistence
by the officers authorized in this behalf by the Central Government in the presence of the cultivator at
the time of delivery by the cultivator;
 empower the Central Government to fix from time to time the price to be paid to the cultivators for the
opium delivered;
 provide for the weighment, examination and classification, according to the quality and consistence, of
the opium received at the factory and the deductions from or additions (if any) to the standard price to
be made in accordance with the result of such examination; and the authorities by which the decisions
with regard to the weighment, examination, classification, deductions or additions shall be made and the
authorities before which appeals against such decisions shall lie;
 require that opium delivered by a cultivator, if found as a result of examination in the Central
Government factory to be adulterated, may be confiscated by the officers authorized in this behalf
 prescribe the forms and conditions of licenses for the manufacture of manufactured drugs, the
authorities by which such licenses may be granted and the fees that may be charged therefor
 prescribe the forms and conditions of licenses or permits for the manufacture, possession, transport,
import inter-State, export inter-State, sale, purchase, consumption or use of psychotropic substances, the
authorities by which such licenses or permits may be granted and the fees that may be charged therefor
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  prescribe the ports and other places at which any kind of narcotic drugs or psychotropic substances may
be imported into India or exported from India or transshipped; the forms and conditions of certificates,
authorizations or permits, as the case may be, for such import, export or transhipment; the authorities by
which such certificate, authorizations or permits may be granted and the fees that may be charged
therefor.[7]

9A. Power to control and regulate controlled substances

If the Central Government is of the opinion that, having regard to the use of any controlled substance in the
production or manufacture of any narcotic drug or psychotropic substance, it is necessary or expedient so to do
in the public interest, it may, by order, provide for regulating or prohibiting the production, manufacture, supply
and distribution thereof and trade and commerce therein. An order made thereunder may provide for regulating
by licenses, permits or otherwise, the production, manufacture, possession, transport, import inter-State, export
inter-State, sale, purchase, consumption, use, storage, distribution, disposal or acquisition of any controlled
substance.[7]

10. Power of State Government to permit, control and regulate Subject to the provisions of section 8, the
State Government may, by rules, permit, regulate, and prescribe any other matter requisite to render
effective the control of the State Government over any of the matters specified below:

1. the possession, transport, import inter-State, export inter-State, warehousing, sale, purchase,
consumption and use of poppy straw.
2. the possession, transport, import inter-State, export inter-State, sale, purchase, consumption and use of
opium;
3. the cultivation of any cannabis plant, production, manufacture, possession, transport, import inter-State,
export inter-State, sale, purchase, consumption or use of cannabis (excluding charas);
4. the manufacture of medicinal opium or any preparation containing any manufactured drug from
materials which the maker is lawfully entitled to possess;
5. the possession, transport, purchase, sale, import inter-State, export inter-State, use or consumption of
manufactured drugs other than prepared opium and of coca leaf and any preparation containing any
manufactured drug;
6. the manufacture and possession of prepared opium from opium lawfully possessed by an addict
registered with the State Government on medical advice for his personal consumption

Provided that save in so far as may be expressly provided in the rules made under points 4 and 5, nothing in
section 8 shall apply to the import inter-State, export inter-State, transport, possession, purchase, sale, use or
consumption of manufactured drugs which are the property and in the possession of the Government, provided
further that such drugs as are referred to in the preceding proviso shall not be sold or otherwise delivered to any
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person who, under the rules made by the State Government under the aforesaid sub-clauses, is not entitled to
their possession.[7]

In particular and without prejudice to the generality of the foregoing power, such rules may:

 empower the State Government to declare any place to be a warehouse wherein it shall be the duty of
the owners to deposit all such poppy straw as is legally imported inter-State and is intended for export
inter-State or export from India; to regulate the safe custody of such poppy straw warehoused and the
removal of' such poppy straw for sale or export inter-State or export from India; to levy fees for such
warehousing and to prescribe the manner in which and the period after which the poppy straw
warehoused shall be disposed of in default of payment of fees
 provide that the limits within which licenses may be given for the cultivation of any cannabis plant shall
be fixed from time to time by or under the orders of the State Government;
 provide that only the cultivators licensed by the prescribed authority of the State Government shall be
authorized to engage in cultivation of any cannabis plant;
 require that all cannabis, the produce of land cultivated with. cannabis plant,: shall be delivered by the
cultivators to the officers of the State Government authorized in this behalf;
 empower the State Government to fix from time to time, the price to be paid to the cultivators for the
cannabis delivered;
 prescribe the forms and conditions of licenses or permits for the purposes specified in points 1 to 4 of
the previous list in this section, and the authorities by which such licenses or permits may be granted
and the fees that may be charged therefor. [7]

11. Narcotic drugs and psychotropic substances, etc., not liable to distress or attachment

Notwithstanding anything to the contrary contained in any law or contract, no narcotic drug, psychotropic
substance, coca plant, the opium poppy or cannabis plant shall be liable to be detained or attached by any
person for the recovery of any money under any order or decree of any court or authority or otherwise. [7]

12. Restrictions over external dealings in narcotic drugs and psychotropic substances

No person shall engage in or control any trade whereby a narcotic drug or psychotropic substance is obtained
outside India and supplied to any person outside India save with the previous authorization of the Central
Government and subject to such conditions as may be imposed by that Government in this behalf.[7]

13. Special provisions relating to coca plant and coca leaves for use in the preparation of flavoring agent

Notwithstanding anything contained in section 8, the Central Government may permit, with or without
conditions, and on behalf of Government, the cultivation of any coca plant or gathering of any portion thereof
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or the production, possession, sale, purchase, transport, import inter-State, export inter-State or import into
India of coca leaves for use in the preparation of any flavoring agent which shall not contain any alkaloid and to
the extent necessary for such use.[7]

14. Special provision relating to cannabis

Notwithstanding anything contained in section 8, Government may, by general or special order and subject to
such conditions as may be specified in such order, allow cultivation of any cannabis plant for industrial
purposes only of obtaining fiber or seed or for horticultural purposes. [7]

Offences And Penalties

Chapter IV describes offences under the Act, and the punishments to be applied for contravening provisions of
the Act. The various sections under this chapter prescribe a minimum term of rigorous imprisonment of 10
years, which may extend to 20 years for offenders, and also a fine which shall not be less than one lakh rupees
but which may extend to two lakh rupees. In all cases, the court may impose a higher fine, for reasons to be
recorded in the judgment.

1) Punishment for contravention in relation to poppy straw sec. 15.

Any person who contravenes any provision of this Act, or any rule or order made or condition of a license
granted thereunder, produces, possesses, transports, imports inter-State, exports inter-State, sells, purchases,
uses or omits to warehouse poppy straw or removes or does any act in respect of warehoused poppy straw, shall
be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may
extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which
may extend to two lakh rupees. The court may, for reasons to be recorded in the judgment, impose a fine
exceeding two lakh rupees.

2) Punishment for contravention in relation to coca plant and coca leaves sec. 16.

Any person who contravenes any provision of this Act, or any rule or order made or condition of license
granted thereunder, cultivates any coca plant or gathers any portion of a coca plant or produces, possesses, sells,
purchases, transports, imports inter-State, exports inter-State or uses coca leaves, shall be punishable with
rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years
and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh
rupees.

3) Punishment for contravention in relation to prepared opium sec.17.

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Any person who contravenes any provision of this Act, or any rule or order made or condition of license
granted thereunder manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State
or uses prepared opium shall be punishable with rigorous imprisonment for a term which shall not be less than
ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one
lakh rupees but which may extend to two lakh rupees.

4) Punishment for contravention in relation to opium poppy and opium sec. 18.

Any person who contravenes any provision of this Act, or any rule or order made or condition of license
granted thereunder cultivates the opium poppy or produces, manufactures, possesses, sells, purchases,
transports, imports inter-State, exports inter-State or uses opium shall be punishable with rigorous
imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall
also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees.

5) Punishment for embezzlement of opium by cultivator sec. 19.

Any cultivator licensed to cultivate the opium poppy on account of the Central Government who embezzles or
otherwise illegally disposes of the opium produced or any part thereof, shall be punishable with rigorous
imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall
also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees.

6) Punishment for contravention in relation to cannabis plant and cannabis sec. 20.

Any person who contravenes any provision of this Act or any rule or order made or condition of license granted
thereunder, cultivates any cannabis plant; or produces, manufactures, possesses, sells, purchases, transports,
imports inter-State, exports inter-State or uses cannabis, shall be punishable:

 where such contravention relates to ganja or the cultivation of cannabis plant, with rigorous
imprisonment for a term which may extend to five years and shall also be liable to fine which may
extend to fifty thousand rupees;
 where such contravention relates to cannabis other than ganja, with rigorous imprisonment for a term
which shall not be less than ten years but which may extend to twenty years and shall also be liable to
fine which shall not be less than one lakh rupees and which may extend to two lakh rupees.

7) Punishment for contravention in relation to manufactured drugs and preparations.sec. 21.

Any person who contravenes any provision of this Act, or any rule or order made or condition of license
granted thereunder manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State
or uses any manufactured drug or any preparation containing any manufactured drug shall be punishable with

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rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years
and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh
rupees.

8) Punishment for contravention in relation to psychotropic substances.sec. 22.

Any person who contravenes any provision of this Act or any rule or order made or condition of license granted
thereunder, manufactures, possesses, sells, purchases, transports, imports inter-State, export inter-State, or uses
any psychotropic substance shall be punishable with rigorous imprisonment for a term which shall not be less
than ten year but which may extend to twenty years and shall also be liable to fine which shall not be less than
one lakh rupees but which may extend to two lakh rupees.

9) Punishment for illegal import into India, export from India or transshipment of narcotic
drugs and psychotropic substances.sec. 23.

Any person who contravenes any provision of this Act or any rule or order made or condition of license or
permit granted or certificate or authorization issued thereunder, imports into India or exports from India or
transships any narcotic drug or psychotropic substance shall be punishable with rigorous imprisonment for a
term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine
which shall not be less than one lakh rupees but may extend to two lakh rupees.

10) Punishment for external dealings in narcotic drugs and psychotropic substances in
contravention of section 12 -sec24.

Whoever engages in or controls any trade whereby a narcotic drug or a psychotropic substance is obtained
outside India and supplied to any person outside India without the previous authorization of the Central
Government or otherwise than in accordance with the conditions (if any) of such authorization granted under
section 12, shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but
which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees
but may extend to two lakh rupees.

11) Punishment for allowing premises, etc., to be used for commission of an offence sec. 25.

Whoever, being the owner or occupier or having the control or use of any house, room, enclosure, space, place,
animal or conveyance knowingly permits it to be used for the commission by any other person of an offence
punishable under any provision of this Act, shall be punishable with rigorous imprisonment for a term which
shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall
not be less than one lakh rupees but which may extend to two lakh rupees.

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 12) Punishment for contravention of orders made under section 9A—sec. 25A.

If any person contravenes an order made under section 9A, he shall be punishable with rigorous imprisonment
for a term which may extend to ten years and shall also be liable to fine which may extend to one lakh rupees.

13) Punishment for certain acts by licensee or his servants sec. 26.

If the holder of any license, permit or authorization granted under this Act or any rule or order made thereunder
or any person in his employ and acting on his behalf:

 omits, without any reasonable cause, to maintain accounts or to submit any return in accordance with
the provisions of this Act, or any rule made thereunder;
 fails to produce without any reasonable cause such license, permit or authorization on demand of any
officer authorized by the Central Government or State Government in this behalf;
 keeps any accounts or makes any statement which is false or which he knows or has reason to believe to
be incorrect; or
 willfully and knowingly does any act in breach of any of the conditions of license, permit or
authorization for which a penalty is not prescribed elsewhere in this Act, he shall be punishable with
imprisonment for a term which may extend to three years or with fine or with both.

14) Punishment for illegal possession in small quantity for personal consumption of any
narcotic drug or psychotropic substance or consumption of such drug or substance. sec.
27.

Any person who contravenes any provision of this Act, or any rule or order made or permit issued thereunder,
possesses in a small quantity, any narcotic drug or psychotropic substance, which is proved to have been
intended for his personal consumption and not for sale or distribution, or consumes any narcotic drug or
psychotropic substance, shall, notwithstanding anything contained in this Chapter, be punishable:

 where the narcotic drug or psychotropic substance possessed or consumed is cocaine, morphine,
diacetyl-morphine or any other narcotic drug or any psychotropic substance as may be specified in this
behalf by the Central Government, by notification in the Official Gazette, with imprisonment for a term
which may extend to one year or with fine or with both; and
 where the narcotic drug or psychotropic substance possessed or consumed is other than those specified
in or under the previous point, with imprisonment for a term which may extend to six months or with
fine or with both.

For the purposes of this section "small quantity" means such quantity as may be specified by the Central
Government by notification in the Official Gazette. If a person is found to be in possession of a small quantity
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of a narcotic drug or psychotropic substance, the burden of proving that it was intended for the personal
consumption of such person and not for sale or distribution, shall lie on such person.

15) Punishment for financing illicit traffic and harboring offenders sec. 27A.

Whoever indulges in financing, directly or indirectly, any, of the activities specified in sub-clauses (i) to (v) of
clause (viiia) of section 2 or harbors any person engaged in any of the aforementioned activities, shall be
punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend
to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may
extend to two lakh rupees.

16) Punishment for attempts to commit offences sec. 28.

Whoever attempts to commit any offence punishable under this Chapter or to cause such offence to be
committed and in such attempt does any act towards the commission of the offence shall be punishable with the
punishment provided for the offence.

17) Punishment for abetment and criminal conspiracy. Sec. 29.

Whoever abets, or is a party to a criminal conspiracy to commit, an offence punishable under this Chapter,
shall, whether such offence be or be not committed in consequence of such abetment or in pursuance of such
criminal conspiracy, and notwithstanding anything contained in section 116 of the Indian Penal Code, be
punishable with the punishment provided for the offence. A person abets, or is a party to a criminal conspiracy
to commit, an offence, within the meaning for this section, who, in India, abets or is a party to the criminal
conspiracy to the commission of any act in a place without and beyond India which would constitute an offence
if committed within India; or under the laws of such place, is an offence relating to narcotic drugs or
psychotropic substances having all the legal conditions required to constitute it such an offence the same as or
analogous to the legal conditions required to constitute it an offence punishable under this Chapter, if
committed within India.

18) Preparation. Sec. 30.

If any person makes preparation to do or omits to do anything which constitutes an offence punishable under
any of the provisions of section 15 to section 25 (both inclusive) and from the circumstances of the case it may
be reasonably inferred that he was determined to carry out his intention to commit the offence but had been
prevented by circumstances independent of his will, he shall be punishable with rigorous imprisonment for a
term which shall not be less than one-half of the minimum term (if any), but which may extend to one-half of
the maximum term, of imprisonment with which he would have been punishable in the event of his having
committed such offence, and also with fine which shall not be less than one-half of the minimum amount (if
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any), of fine with which he would have been punishable, but which may extend to one-half of the maximum
amount of fine with which he would have ordinarily (that is to say in the absence of special reasons) been
punishable, in the event aforesaid.

19) Enhanced punishment for certain offences after previous conviction. Sec. 31.

If any person who has been convicted of the commission of, or attempt to commit, or abetment of, or criminal
conspiracy to commit, any of the offences punishable under section 15 to section 25 (both inclusive) is
subsequently convicted of the commission of, or attempt to commit, or abetment of, or criminal conspiracy to
commit, an offence punishable under:

 section 15 to section 19, section 20 (except for cultivation of cannabis) and section 21 to section 25
(both inclusive), he shall be punished for the second and every subsequent offence with rigorous
imprisonment for a term which shall not be less than fifteen years but which may extend to thirty years
and shall also be liable to fine which shall not be less than one lakh fifty thousand rupees but which may
extend to three lakh rupees.
 (b)section 20 (except for cultivation of cannabis), he shall be punished for the second and every
subsequent offence for a term which may extend to ten years and shall also be liable to fine which may
extend to one lakh rupees.

Where any person is convicted by a competent court of criminal jurisdiction outside India under any law
corresponding to the provisions of section 15 to section 25 (both inclusive), section 28 and section 29, such
person, in respect of such conviction, shall be dealt with for the purposes of point 1 as if he had been convicted
by a court in India.

20) Death penalty for certain offences after previous conviction sec. 31A.
21) Punishment for offence for which no punishment is provided. Sec. 32.

Any person who contravenes any provision of this Act or any rule or order made, or any condition of any
license, permit or authorization issued thereunder for which no punishment is separately provided in this
Chapter, shall be punishable with imprisonment for a term which may extend to six months, or with fine, or
with both.

No suspension, remission or commutation in any sentence awarded under this Act sec. 32A.

Notwithstanding anything contained in the Code of Criminal Procedure, 1973 or any other law for the time
being in force but subject to the provisions of section 33, no sentence awarded under this Act (other than
section 27) shall be suspended or remitted or commuted.

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Application of section 360 of the Code of Criminal Procedure, 1973 and of the Probation of Offenders
Act, 1958.sec. 33.

Nothing contained in section 360 of the Code of Criminal Procedure, 1973 or in the Probation of Offenders Act,
1958 shall apply to a person convicted of an offence under this Act unless such person is under eighteen years
of age or that the offence for which such person is convicted is punishable under section 26 or section 27.

Sec.34. Security for abstaining from commission of offence.

Whenever any person is convicted of an offence punishable under any provision of Chapter IV and the court
convicting him is of opinion that it is necessary to require such person to execute a bond for abstaining from the
commission of any offence under this Act, the court may, at the time of passing sentence on such person, order
him to execute a bond for a sum proportionate to his means, with or without sureties, for abstaining from
commission of any offence under Chapter IV during such period not exceeding three years as it think fit to fix.
The bond shall be in such form as may be prescribed by the Central Government and the provisions of the Code
of Criminal Procedure, 1973, shall, in so far as they are applicable, apply to all matters connected with such
bond as if it were a bond to keep the peace ordered to be executed under section 106 of that Code. If the
conviction is set aside on appeal or otherwise, the bond so executed shall become void. An order under this
section may also be made by an appellate court or by the High Court or Sessions Judge when exercising the
powers of revision.

Sec.35. Presumption of culpable mental state.

In any prosecution for an offence under this Act which requires a culpable mental state of the accused, the court
shall presume the existence of such mental state but it shall be a defense for the accused to prove the fact that he
had no such mental state with respect to the act charged as an offence in that prosecution. In this section
"culpable mental state" includes intention, motive, knowledge of a fact and belief in, or reason to believe, a
fact. For the purpose of this section, a fact is said to be proved only when the court believes it to exist beyond a
reasonable doubt and not merely when its existence is established by a preponderance of probability.

Special Courts

1) Constitution of Special Courts Sec.36.

The Government may, for the purpose of providing speedy trial of the offences under this Act, by notification
in the Official Gazette, constitute as many Special Courts as may be necessary for such area or areas as may be
specified in the notification. A Special Court shall consist of a single Judge who shall be appointed by the
Government with the concurrence of the Chief Justice of the High Court. In this section, "High Court" means
the High Court of the State in which the Session Judge or the Additional Sessional Judge of a Special Court was
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working immediately before his appointment as such Judge. A person shall not be qualified for appointment as
a Judge of a Special Court unless he is, immediately before such appointment, a Sessions Judge or an
Additional Sessions Judge.

2) Offences triable by Special Courts Sec.36A.

All offences under this Act shall be triable only by the Special Court constituted for the area in which the
offence has been committed or where there are more Special Courts than one for such area, by such one of them
as may be specified in this behalf by the Government. When a person accused of or suspected of the
commission of an offence under this Act is forwarded to a Magistrate under sub-section (2) or sub-section (2A)
of section 167 of the Code of Criminal Procedure, 1973, such Magistrate may authorize the detention of such
person in such custody as he thinks fit for a period not exceeding fifteen days in the whole where such
Magistrate is a Judicial Magistrate and seven days in the whole where such Magistrate is an Executive
Magistrate, provided that where such Magistrate considers when such person is forwarded to him as aforesaid;
or upon or at any time before the expiry of the period of detention authorized by him, that the detention of such
person is unnecessary, he shall order such person to be forwarded to the Special Court having jurisdiction.

The Special Court may exercise, in relation to the person forwarded to it under clause (b), the same power
which a Magistrate having jurisdiction to try a case may exercise under section 167 of the Code of Criminal
Procedure, 1973, in relation to an accused person in such case who has been forwarded to him under that
section. A Special Court may, upon a perusal of police report of the facts constituting an offence under this Act
or upon a complaint made by an officer of the Central Government or a State Government authorized in the
behalf, take cognizance of that offence without the accused being committed to it for trial. When trying an
offence under this Act, a Special Court may also try an offence other than an offence under this Act, with which
the accused may, under the Code of Criminal Procedure, 1973, be charged at the same trial. Nothing contained
in this section shall be deemed to affect the special powers of the High Court regarding bail under section 439
of the Code of Criminal Procedure, 1973 and the High Court may exercise such powers including the power
under clause (b) of sub-section (1) of that section as if the reference to "Magistrate" in that section included also
a reference to a "Special Court" constituted under section 36.

Appeal and revision sec. 36B.

The High Court may exercise, so far as may be applicable, all the powers conferred by Chapters XXIX and
XXX of the Code of Criminal Procedure, 1973, on a High Court, as if a Special Court within the local limits of
the jurisdiction of the High Court were a Court of Session trying cases within the local limits of the jurisdiction
of the High Court.

36C. Application of Code to proceedings before a Special Court.

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Save as otherwise provided in this Act, the provisions of the Code of Criminal Procedure, 1973 (including the
provisions as to bail and bonds) shall apply to the proceedings before a Special Court and for the purposes of
the said provisions, the Special Court shall be deemed to be a Court of Session and the person conducting a
prosecution before a Special Court, shall be deemed to be a Public Prosecutor.

36D. Transitional provisions

Any offence committed under this Act on or after the commencement of the Narcotic Drugs and Psychotropic
Substances (Amendment) Act, 1988, until a Special Court is constituted under section 36, shall,
notwithstanding anything contained in the Code of Criminal Procedure, 1973, be tried by a Court of Session,
provided that offences punishable under sections 26, 27 and 32 may be tried summarily. Nothing in this section
shall be construed to require the transfer to a Special Court of any proceedings in relation to an offence taken
cognizance of by a Court of Session and the same shall be heard and disposed of by the Court of Session.

37. Offences to be cognizable and non-bailable

Every offence punishable under this Act shall be cognizable and no person accused of an offence punishable for
a term of imprisonment of five years or more under this Act shall be released on bail or on his own bond unless
the Public Prosecutor has been given an opportunity to oppose the application for such release, and where the
Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing
that he is not guilty of such offence and that he is not likely to commit any offence while on bail. The
limitations on granting of bail are in addition to the limitations under the Code of Criminal Procedure, 1973 or
any other law for the time being in force on granting of bail.

38. Offences by companies.

If an offence under Chapter IV has been committed by a company, every person, who, at the time the offence
was committed was in charge of, and was responsible to, the company for the conduct of the business of the
company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded
against and punished accordingly, provided that nothing contained in this section shall render any such person
liable to any punishment if he proves that the offence was committed without his knowledge or that he had
exercised all due diligence to prevent the commission of such offence.

Notwithstanding anything contained above, where any offence under Chapter IV has been committed by a
company and it is proved that the offence has been committed with the consent or connivance of, or is
attributable to any neglect on the part of, any director (in relation to a firm, means a partner in the firm),
manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be
deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

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39. Power of court to release certain offenders on probation.

When any addict is found guilty of an offence punishable under section 27 and if the court by which he is found
guilty is of the opinion, regard being had to the age, character, antecedents or physical or mental condition of
the offender, that it is expedient so to do, then, notwithstanding anything contained in this Act or any other law
for the time being in force, the court may, instead of sentencing him at once to any imprisonment, with his
consent, direct that he be released for undergoing medical treatment for de-toxification or de-addiction from a
hospital or an institution maintained or recognized by Government and on his entering into a bond in the form
prescribed by the Central Government, with or without sureties, to appear and furnish before the court within a
period not exceeding one year, a report regarding the result of his medical treatment and, in the meantime, to
abstain from the commission of any offence under Chapter IV. If it appears to the court, having regard to the
report regarding the result of the medical treatment furnished under this section, that it is expedient so to do, the
court may direct the release of the offender after due admonition on his entering into a bond in the form
prescribed by the Central Government, with or without sureties, for abstaining from the commission of any
offence under Chapter IV during such period not exceeding three years as the court may deem fit to specify or
on his failure so to abstain, to appear before the court and receive sentence when called upon during such
period.

Procedures

41. Power to issue warrant and authorisation.-

(l) A Metropolitan Magistrate or a Magistrate of the first class or any Magistrate of the second class specially
empowered by the State Government in this behalf, may issue a warrant for the arrest of any person whom he
has reason to believe to have committed any offence punishable under this Act, or for the search, whether by
day or by night, of any building, conveyance or place in which he has reason to believe any narcotic drug or
psychotropic substance or controlled substance in respect of which an offence punishable under this Act has
been committed or any document or other article which may furnish evidence of the commission of such
offence or any illegally acquired property or any document or other article which may furnish evidence of
holding any illegally acquired property which is liable for seizure or freezing or forfeiture under Chapter V A of
this Act is kept or concealed:

(2) Any such officer of gazetted rank of the departments of central excise, narcotics, customs, revenue
intelligence or any other department of the Central Government including the para-military forces or the armed

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forces as is empowered in this behalf by general or special order by the Central Government, or any such
officer of the revenue, drugs control, excise, police or any other department of a State Government as is
empowered in this behalf by general or special order of the State Government if he has reason to believe from
personal knowledge or information given by any person and taken in writing that any person has committed an
offence punishable under this Act or that any narcotic drug or psychotropic substance or controlled substance in
respect of which any offence under this Act has been committed or any document or other article which may
furnish evidence of the commission of such offence or any illegally acquired property or any document or other
article which may furnish evidence of holding any illegally acquired property which is liable for seizure or
freezing or forfeiture under Chapter V A of this Act is kept or concealed in any building, conveyance or place,
may authorise any officer subordinate to him but superior in rank to a peon, sepoy or a constable to arrest such
a person or search a building, conveyance or place whether by day or by night or himself arrest such a person or
search a building, conveyance or place.

(3) The officer to whom a warrant under sub-section

(1) is addressed and the officer who authorised the arrest or search or the officer who is so authorised under
sub-section

(2) shall have all the powers of an officer acting under section

42. Power of entry, search, seizure and arrest without warrant or authorisation.

(l) Any such officer (being an officer superior in rank to a peon, sepoy or constable) of the departments of
central excise, narcotics, customs, revenue intellegence or any other department of the Central Government
including para-military forces or armed forces as is empowered in this behalf by general or special order by the
Central Government, or any such officer (being an officer superior in rank to a peon, sepoy or constable) of the
revenue, drugs control, excise, police or any other department of a State Government as is empowered in this
behalf by general or special order of the State Government, if he has reason to believe from persons knowledge
or information given by any person and taken down in writing that any narcotic drug, or psychotropic
substance, or controlled substance in respect of which an offence punishable under this Act has been committed
or any document or other article which may furnish evidence of the commission of such offence or any illegally
acquired property or any document or other article which may furnish evidence of holding any illegally
acquired property which is liable for seizure or freezing or forfeiture under Chapter V A of this Act is kept or
concealed in any building, conveyance or enclosed place, may between sunrise and sunset,

(a) enter into and search any such building, conveyance or place;

(b) in case of resistance, break open any door and remove any obstacle to such entry;

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(c) seize such drug or substance and all materials used in the manufacture thereof and any other article and any
animal or conveyance which he has reason to believe to be liable to confiscation under this Act and any
document or other article which he has reason to believe may furnish evidence of the commission of any
offence punishable under this Act or furnish evidence of holding any illegally acquired property which is liable
for seizure or freezing or forfeiture under Chapter V A of this Act; and

(d) detain and search, and, if he thinks proper, arrest any person whom he has reason to believe to have
committed any offence punishable under this Act: Provided that if such officer has reason to believe that a
search warrant or authorisation cannot be obtained without affording opportunity for the concealment of
evidence or facility for the escape of an offender, he may enter and search such building, conveyance or
enclosed place at any time between sunset and sunrise after recording the grounds of his belief.

(2) Where an officer takes down any information in writing under subsection (1) or records grounds for his
belief under the proviso thereto, he shall within seventy-two hours send a copy thereof to his immediate official
superior.

43. Power of seizure and arrest in public place.-

Any officer of any of the departments mentioned in section 42 may,

(a) seize in any public place or in transit, any narcotic drug or psychotropic substance or controlled substance
in respect of which he has reason to believe an offence punishable under this Act has been committed, and,
along with such drug or substance, any animal or conveyance or article liable to confiscation under this Act,
any document or other article which he has reason to believe may furnish evidence of the commission of an
offence punishable under this Act or any document or other article which may furnish evidence of holding any
illegally acquired property which is liable for seizure or freezing or forfeiture under Chapter V A of this Act;

. (b) detain and search any person whom he has reason to believe to have committed an offence punishable
under this Act, and if such person has any narcotic drug or psychotropic substance or controlled substance in
his possession and such possession appears to him to be unlawful, arrest him and any other person in his
company. Explanation.-For the purposes of this section, the expression "public place" includes any public
conveyance, hotel, shop, or other place intended for use by, or accessible to, the public. 44. Power of entry,
search, seizure and arrest in offences relating to coca plant, opium poppy and cannabis plant.

-The provisions of sections 41, 42 and 43, shall so far as may be, apply in relation to the offences punishable
under Chapter IV and relating to coca plant, the opium poppy or cannabis plant and for this purpose references
in those sections to narcotic drugs, or psychotropic substance, 1[or controlled substance], shall be construed as
including references to coca plant, the opium poppy and cannabis plant

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. 45. Procedure where seizure of goods liable to confiscation not practicable.

Where it is not practicable to size any goods (including standing crop) which are liable to confiscation under
this Act, any officer duly authorised under section 42 may serve on the owner or person in possession of the
goods, an order that he shall not remove, part with or otherwise deal with the goods except with the previous
permission of such officer.

46. Duty of land holder to give information of illegal cultivation.

-Every holder of land shall give immediate information to any officer of the police or of any of the departments
mentioned in section 42 of all the opium poppy, cannabis plant or coca plant which may be illegally cultivated
within his land and every such holder of land who knowingly neglects to give such information, shall be liable
to punishment.

47. Duty of certain officers to give information of illegal cultivation.-

Every officer of the Government and every panch, sarpanch and other village officer of whatever description
shall give immediate information to any officer of the Police or of any of the departments mentioned in section
42 when it may come to his knowledge that any land has been illegally cultivated with the opium poppy,
cannabis plant or coca plant, and every such officer of the Government, panch, sarpanch and other village
officer who neglects to give such information, shall be liable to punishment.

48. Power of attachment of crop illegally cultivated.-

Any Metropolitan Magistrate, Judicial Magistrate of the first class or any Magistrate specially empowered in
this behalf by the State Government 2[or any officer of a gazetted rank empowered under section 42] may order
attachment of any opium poppy, cannabis plant or coca plant which he has reason to believe to have been
illegally cultivated and while doing so may pass such order (including an order to destroy the crop) as he thinks
fit.

49. Power to stop and search conveyance.-

Any officer authorised under section 42, may, if he has reason to suspect that any animal or conveyance is, or is
about to be, used for the transport of any narcotic drug or psychotropic substance l[or controlled substance], in
respect of which he suspects that any provision of this Act has been, or is being, or is about to be, contravened
at any time, stop such animal or conveyance, or, in the case of an aircraft, compel it to land and-

(a) rummage and search the conveyance or part thereof;

(b) examine and search any goods on the animal or in the conveyance;
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(c) if it becomes necessary to stop the animal or the conveyance, he may use all lawful means for stopping it,
and where such means fail, the animal or the conveyance may be fired upon. 50. Conditions under which search
of persons shall be conducted.

-(1) When any officer duly authorised under section 42 is about to search any person under the provisions of
section 41, section 42 or section 43, he shall, if such person so requires, take such person without unnecessary
delay to the nearest Gazetted Officer of any of the departments mentioned in section 42 or to the nearest
Magistrate.

(2) If such requisition is made, the officer may detain the person until he can bring him before the Gazetted
Officer or the Magistrate referred to in subsection (1).

(3) The Gazetted Officer or the Magistrate before whom any such person is brought shall, if he sees no
reasonable ground for search, forthwith discharge the person but otherwise shall direct that search be made.

(4) No female shall be searched by anyone excepting a female.

[(5) When an officer duly authorised under section 42 has reason to believe that it is not possible to take the
person to be searched to the nearest Gazetted Officer or Magistrate without the possibility of the person to be
searched parting with possession of any narcotic drug or psychotropic substance, or controlled substance or
article or document, he may, instead of taking such person to the nearest Gazetted Officer or Magistrate,
proceed to search the person as provided under section 100 of the Code of Criminal Procedure, 1973 (2 of
1974).

(6) After a search is conducted under sub-section (5), the officer shall record the reasons for such belief which
necessitated such search and within seventy two hours send a copy thereof to his immediate official superior.

Punishment

Anyone who contravenes the NDPS Act will face punishment based on the quantity of the banned substance.

 where the contravention involves a small quantity, with rigorous imprisonment for a term which may
extend to 1 year, or with a fine which may extend to ₹10,000 or both;
 where the contravention involves a quantity lesser than commercial quantity but greater than a small
quantity, with rigorous imprisonment for a term which may extend to 10 years and with fine which may
extend to ₹1 lakh
 where the contravention involves a commercial quantity, with rigorous imprisonment for a term which
shall not be less than 10 years but which may extend to 20 years and also a fine which shall not be less
than ₹1 lakh but which may extend to ₹2 lakh

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Some of the important citations:
(1) Iqbal Moosa Patel Versus State of Gujarat 2011(1) RCR (Criminal) 473 (SC)- Sections
21, 29, 8(c) NDPS Act, 1985, Sections 103, 102 Indian Evidence Act, 1872-
It was held by Hon'ble apex Court that “proof beyond reasonable doubt does not mean proof
beyond a shadow of a doubt. The law would fail to protect the community if it permitted fanciful
possibilities to deflect the course of justice.”

(2) Jagdish Rai Vs. State of Punjab AIR 2011 SC 1568-Sections 35,54-
“Appellant driving motorcycle. On intercepted by the police, appellant tried to turn away and
flee. It can be presumed that appellant was conscious of the fact that pillion rider is carrying
opium.”

(3) Roop Singh Vs. State of Punjab 1996(1) R.C.R. (Cr.) 146 (P&H) (Division Bench)-
“Giving up of independent witness by the prosecution in the present day situation prevailing in
the society is fully justified and no adverse inference can be drawn against the prosecution.”

(4) Davinder Kumar Vs. State of Punjab 2012(2) R.C.R. (Cr.) 600 (DB)-Sections 42,43-
“when recovery of contraband is effected from the vehicle in transit, Section 43 of the Act shall
apply and not Section 42”.

(5) Dharampal Singh Vs. State of Punjab (2010) 9 SCC 608- Sections 18,35,54- Under
Section 18- “Once possession is established, accused who claims that it was not a conscious
possession, has to establish that it was not, because it is with in his special knowledge”.

(6) Akmal Ahmed Versus State of Delhi 1999 Criminal Law Journal, 2041 (SC)-“The evidence
of search or seizure, made by the police, will not become vitiated solely for the reasons that the
same was not supported by an independent witness”.

(7) State of Punjab Versus Baldev Singh 1999(6) SCC 172-“drug abuse is a social malady.
While drug addiction eats into the vitals of the society, drug trafficking not only eats into the
vitals of the economy of a country, but illicit money generated by drug trafficking is often used
for illegal activities including encouragement of terrorism. It has acquired the dimensions of an
epidemic, affecting the economic policies of the State, corrupts the system and is detrimental to
the future of a country”.

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(8) State of Himachal Pradesh Versus Pawan Kumar 2005(2) RCR (Criminal) 621- “those
who indulge in this kind of nefarious activities should not go Scot free on technical pleas which
come handy to their advantage in a fraction of second”.

(9) It is held in Arif Khan @ Agha Khan Vs. State of Uttarakhand 2018(2) R.C.R. (Criminal)
931by Hon'ble apex Court that “it is mandatory on the part of authorized officer to make suspect
aware of existence of his right to be searched before Gazetted Officer or Magistrate, if so
required by him and this requires struck compliance. Evidence adduced by prosecution neither
suggested nor proved that search and recovery made in presence of magistrate or gazetted
officer. Accused entitled for benefit of doubt.”

10. In State of Haryana Versus Jarnail Singh, 2004(2) RCR Criminal 960,Hon'ble Apex Court
held that Section 50 is applicable only when personal search of accused is made. When search is
made from vehicle Section 50 has no applicability.

11. In Ajmer Singh Versus State of Haryana, 2010(3) SCC 746,it was held by Honorable
Apex Court that search and recovery from a bag, briefcase, container etc. does not comes within
ambit of Section 50.

12. Recently, in Mohan Lal Versus State of Punjab, Criminal Appeal No. 1880 of 2011,
decided on 16.8.2018,A three judge bench of Hon’ble Apex Court held that “fair investigation
which is the very foundation of a fair trial, necessarily postulates that the informant and the
investigator must not be the same person. Justice must not only be done, but must appear to be
done also. Any possibility of bias or a predetermined conclusion has to be excluded. This
requirement is all the more imperative in laws carrying a reverse burden of proof. If an informant
police official in a criminal prosecution, especially when carrying a reverse burden of proof,
makes the allegations, is himself asked to investigate, serious doubts will naturally arise with
regard to his fairness and impartiality. It is not necessary that bias must actually be proved. It
would be illogical to presume and contrary to normal human conduct, that he would himself at
the end of the investigation submit a closure report to conclude false implication with all its
attendance consequences for the complainant himself. The result of the investigation therefore,
be a foregone conclusion.

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MODULE 5

Juvenile Justice( Care and Protection of Children) Act 2015

Objects,

The Children' constitute almost half of the world's population. They are the future of mankind and asset of the
nation. They inherit past and they The reasons behind a Juvenile to become criminal can be many. This may be
beyond the control of the immature youngster. In all these cases, giving punishment to the juvenile themselves
the future. They own the right to live and grow as children. However, as the children themselves are not aware
of their rights, they become the victims of abuse or delinquent.

The Articles 15(3), 39 (e) and (f), 45 and 47 of the Constitution of India confer powers and impose duties on
the State to ensure that all the needs of the children are met and their basic rights are fully protected. It was the
need of the time to re-enact the Juvenile Justice Act, 2000 taking into consideration various international
conventions. The concept of juvenile in India, until passing of Children Act, 1960 there was no uniformity
regarding age limitation of juvenile delinquent. Bombay Children Act 1948, Haryana Children Act defined
“Child” to mean a boy who has not attained the age of sixteen years or girl who has not attained age of eighteen
years.
Juvenile Justice Act, 1986 defined a juvenile or child to be a person who in case of a boy has not completed age
of 16 years and in case of a girl 18 years of age. The was repealed by 2000 Act and the distinction with regard
to age between male and female juveniles has been done away with by the Government of India in performance
of its obligation to the international obligations. Now age of juvenile in conflict with law for male and female
has been fixed at 18 years.

Definition:-
The provisions of this new enactment is basically generally highlighted only for the aspect of a much
contemplated change in the definition of a child in conflict in law and making classification based on age and
understanding of offence. This would be indeed injustice to the legislators and the makers of this excellent
legislation relating to child welfare. Therefore, the Act, 2015 has been enacted.

(1) “abandoned child”

means a child deserted by his biological or adoptive parents or guardians, who has been declared as
abandoned by the Committee after due inquiry; (2) “adoption” means the process through which the

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 adopted child is permanently separated from his biological parents and becomes the lawful child of his
adoptive parents with all the rights, privileges and responsibilities that are attached to a biological child;
(2) “adoption regulations”
means the regulations framed by the Authority and notified by the Central Government in respect of
adoption;

(4) “administrator”
means any district official not below the rank of
Deputy Secretary to the State, on whom magisterial powers have been conferred;
(5) “aftercare”
means making provision of support, financial or otherwise, to persons, who have completed the age
of eighteen years but have not completed the age of twenty-one years, and have left any institutional
care to join the mainstream of the society;

(5) “authorised foreign adoption agency”

means a foreign social or child welfare agency that is authorised by the Central Adoption Resource
Authority on the recommendation of their Central Authority or Government department of that country
for sponsoring the application of non-resident Indian or overseas citizen of India or persons of Indian
origin or foreign prospective adoptive parents for adoption of a child from India;

(7) “Authority”
means the Central Adoption Resource Authority constituted under section 68; Short title, extent,
commencement and application.

(8) “begging” means—

(i) soliciting or receiving alms in a public place or entering into any private premises for the purpose of
soliciting or receiving alms, under any pretence; (ii) exposing or exhibiting with the object of obtaining or
extorting alms, any sore, wound, injury, deformity or disease, whether of himself or of any other person or
of an animal;

(9) “best interest of child”

means the basis for any decision taken regarding the child, to ensure fulfilment of his basic rights and
needs, identity, social well-being and physical, emotional and intellectual development;

(10) “Board”

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 means a Juvenile Justice Board constituted under section 4; (11) “Central Authority” means the
Government department recognised as such under the Hague Convention on Protection of Children and
Cooperation in Inter-country Adoption (1993); (12) “child” means a person who has not completed eighteen
years of age; (13) “child in conflict with law” means a child who is alleged or found to have committed an
offence and who has not completed eighteen years of age on the date of commission of such offence; (14)
“child in need of care and protection” means a child— (i) who is found without any home or settled place of
abode and without any ostensible means of subsistence; or (ii) who is found working in contravention of
labour laws for the time being in force or is found begging, or living on the street; or (iii) who resides with a
person (whether a guardian of the child or not) and such person— (a) has injured, exploited, abused or
neglected the child or has violated any other law for the time being in force meant for the protection of
child; or (b) has threatened to kill, injure, exploit or abuse the child and there is a reasonable likelihood of
the threat being carried out; or (c) has killed, abused, neglected or exploited some other child or children
and there is a reasonable likelihood of the child in question being killed, abused, exploited or neglected by
that person; or (iv) who is mentally ill or mentally or physically challenged or suffering from terminal or
incurable disease, having no one to support or look after or having parents or guardians unfit to take care, if
found so by the Board or the Committee; or (v) who has a parent or guardian and such parent or guardian is
found to be unfit or incapacitated, by the Committee or the Board, to care for and protect the safety and
well-being of the child; or (vi) who does not have parents and no one is willing to take care of, or whose
parents have abandoned or surrendered him; or (vii) who is missing or run away child, or whose parents
cannot be found after making reasonable inquiry in such manner as may be prescribed; or (viii) who has
been or is being or is likely to be abused, tortured or exploited for the purpose of sexual abuse or illegal
acts; or (ix) who is found vulnerable and is likely to be inducted into drug abuse or trafficking; or

(x) who is being or is likely to be abused for unconscionable gains; or (xi) who is victim of or affected by any
armed conflict, civil unrest or natural calamity; or (xii) who is at imminent risk of marriage before attaining the
age of marriage and whose parents, family members, guardian and any other persons are likely to be
responsible for solemnisation of such marriage; (
15) “child friendly” means any behaviour, conduct, practice, process, attitude, environment or treatment that is
humane, considerate and in the best interest of the child; (16) “child legally free for adoption” means a child
declared as such by the Committee after making due inquiry under section 38; (17) “Child Welfare Officer”
means an officer attached to a Children’s Home, for carrying out the directions given by the Committee or, as
the case may be, the Board with such responsibility as may be prescribed; (18) “Child Welfare Police Officer”
means an officer designated as such under sub-section (1) of section 107; (19) “Children’s Home” means a
Children’s Home, established or maintained, in every district or group of districts, by the State Government,
either by itself, or through a voluntary or non-governmental organisation, and is registered as such for the
purposes specified in section 50; (20) “Children’s Court’’ means a court established under the Commissions for

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Protection of Child Rights Act, 2005 or a Special Court under the Protection of Children from Sexual Offences
Act, 2012, wherever existing and where such courts have not been designated, the Court of Sessions having
jurisdiction to try offences under the

General principle of care and protection of children.

3] As per section section 3 of the new Act The Central Government, the State Governments, the Board, and
other agencies, as the case may be, while implementing the provisions of this Act shall be guided by the
following fundamental principles, namely:––
(i) Principle of presumption of innocence
(iii) Principle of participation
. (iv) Principle of best interest.
(v) Principle of family responsibility.
(vi) Principle of safety
. (vii) Positive measures.
(viii) Principle of non-stigmatising semantics.
(ix) Principle of non-waiver of rights
. (x) Principle of equality and non-discrimination
. (xi) Principle of right to privacy and confidentiality.
(xii) Principle of institutionalisation as a measure of last resort.
(xiii) Principles of natural justice.

(1) Principle of presumption of innocence

Any child shall be presumed to be an innocent of any malafide or criminal intent up to the age of eighteen
years. This principle presumes that anything done by the child or the child in conflict with law has been done
without mensrea or malafide intention. This principle operates right from the initiation of the proceedings and
Sends at the aftercare programme. It simply states that whatever be the act committed and whatever be the
circumstances and whether it is done by himself or under the control of the adults or with the influence of peer
group should always be considered that the said Act has been committed without mensrea i.e. the Principle of
presumption of innocence should be applied for all those activities which has been covered or explicitly stated
in the Rule.
(2)principle of dignity and worth

All human beings shall be treated with equal dignity and rights. This principle mandates

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the agencies involved in the JJ Act are to treat the child with dignity and worth and not to

label, stigmatize or discriminate the child. It also mandates the authorities to respect the

personal identity and such other things relating to the child right from initial apprehension

till the aftercare is over.

(3) Principle of participation

Every child shall have a right to be heard and to participate in all processes and decisions affecting his interest
and the child‘s views shall be taken into consideration with due regard to the age and maturity of the child.
Children‘s right to be heard shall include creation of developmentally appropriate tools and processes of
interacting with the child, promoting children‘s active involvement in decisions regarding their own lives and
providing opportunities for discussion and debate.

. (4) Principle of best interest.

All decisions regarding the child shall be based on the primary consideration that they are in the best interest of
the child and to help the child to develop full potential. Children differ from adults in their physical and
psychological development and their emotional and educational needs. Such differences constitute the basis for
the lesser culpability of children in conflict with the law. These and other differences are the reasons for a
separate juvenile justice system and require a different treatment for children. The protection of the best
interests of the child means, for instance, that the traditional objectives of criminal justice, such as
repression/retribution, must give way to rehabilitation and restorative justice objectives in dealing with child
offenders

(5) Principle of family responsibility.

In a family, a child is introduced to emotions like love and security. The social values and cultural aspects of
the community are inculcated in the child within the family background i.e. the primary responsibility of care,
nurture and protection of the child shall be that of the biological family or adoptive or foster parents, as the case
may be. Though many functions of family like education, health, recreation etc. are being taken up by other
social institutions, the family retains its importance as a constituent entity and building block of all societies and
communities. Thus, the principle of family responsibility plays a vital role in the administration of juvenile
justice as an informal care and all authorities functioning under the JJA should take all the necessary decisions
of the child with the active involvement of the family of the children, who are in conflict with law.

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(6) Principle of safety
All measures shall be taken to ensure that the child is safe and is not subjected to any harm, abuse or
maltreatment while in contact with the care and protection system, and thereafter. It also mandates that the state
shall not use restrictive measures in the name of safety of the child.

. (7) Positive measures.

All resources are to be mobilized including those of family and community, for promoting the well - being,
facilitating development of identity and providing an inclusive and enabling environment, to reduce
vulnerabilities of children and the need for intervention under this Act. The term positive measures include the -
avenues for health, education, relationships, livelihoods, leisure, creativity and play. The Principle wants to
achieve the objective of facilitation in establishing the personal identity of the child and to enable the child to
equip himself to achieve the developments in all the processes relating to the individual growth.

(8) Principle of non-stigmatising semantics

. Adversarial or accusatory words are not to be used in the processes pertaining to a child. For example, it
mandates to avoid the following wordings in the process of administration of Justice relating to children, who
are in conflict with law. It includes the following - arrest, remand, accused, charge sheet, trial, prosecution,
warrant, summons, conviction, inmate, delinquent, neglected, custody or jail

(9) Principle of non-waiver of rights. No waiver of any of the right of the child is permissible or valid, whether
sought by the child or person acting on behalf of the child, or a Board or a Committee and any non-exercise of a
fundamental right shall not amount to waiver.

. (10) Principle of equality and non-discrimination.

No waiver of any of the right of the child is permissible or valid, whether sought by the child or person acting
on behalf of the child, or a Board or a Committee and any non-exercise of a fundamental right shall not amount
to waiver.
.
(11) Principle of right to privacy and confidentiality.
Every child shall have a right to protection of his privacy and confidentiality, by all means and throughout the
judicial process. In other words, no report in any newspaper, magazine, news - sheet or audio - visual media or
other forms of communication regarding any inquiry or investigation or judicial procedure, shall disclose the
name, address or school or any other particular, which may lead to the identification of a child in conflict with
law or a child in need of care and protection or a child victim or witness of a crime. No staff/stakeholder should
divulge/ disclose any details to any one regarding any case of CNCP ( Child in Need of Care and Protection) or
CCL or identification of the same.

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(12) Principle of institutionalisation as a measure of last resort.

Deprivation of liberty has negative consequences for the child‘s harmonious development

and seriously hampers his/her reintegration in society. Deprivation of liberty, including arrest,

detention and imprisonment, should be used only as a measure of last resort and for the

shortest appropriate period of time, so that the child‘s right to development is fully respected

and ensured. A child shall be placed in institutional care as a step of last resort after making a

reasonable inquiry. The principle objective of institutionalization and detention in the

juvenile justice system should be to ensure that the offender is free of criminal behaviour as

soon as possible.

(13) Principles of natural justice. Basic procedural standards of fairness shall be adhered to, including the right
to a fair hearing, rule against bias and the right to review, by all persons or bodies, acting in a judicial capacity
under this Act.

JUVENILE JUSTICE BOARD

( u/s. 4). (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the State
Government shall, constitute for every district, one or more Juvenile Justice Boards for exercising the powers
and discharging its functions relating to children in conflict with law under this Act
. (2) A Board shall consist of a Metropolitan Magistrate or a Judicial Magistrate of First Class not being Chief
Metropolitan Magistrate or Chief Judicial Magistrate (hereinafter referred to as Principal Magistrate) with at
least three years experience and two social workers selected in such manner as may be prescribed, of whom at
least one shall be a woman, forming a Bench and every such Bench shall have the powers conferred by the
Code of Criminal Procedure, 1973 on a Metropolitan Magistrate or, as the case may be, a Judicial Magistrate of
First Class.

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(3) No social worker shall be appointed as a member of the Board unless such person has been actively
involved in health, education, or welfare activities pertaining to children for atleast seven years or a practicing
professional with a degree in child psychology, psychiatry, sociology or law.
(4) No person shall be eligible for selection as a member of the Board, if he –
– (i) has any past record of violation of human rights or child rights;
(ii) has been convicted of an offence involving moral turpitude, and such conviction has not been reversed or
has not been granted full pardon in respect of such offence;
(iii) has been removed or dismissed from service of the Central Government or a State Government or an
undertaking or corporation owned or controlled by the Central Government or a State Government; (iv) has
ever indulged in child abuse or employment of child labour or any other violation of human rights or immoral
act.
(6) The State Government shall ensure

that induction training and sensitisation of all members including Principal Magistrate of the Board
on care, protection, rehabilitation, legal provisions and justice for children, as may be prescribed, is
provided within a period of sixty days from the date of appointment. Juvenile Justice Board.
(6) The term of office of the members of the Board and the manner in which such member may resign shall be
such, as may be prescribed.
(7) The appointment of any member of the Board, except the Principal Magistrate, may be terminated after
holding an inquiry by the State Government, if he ––
(i) has been found guilty of misuse of power vested under this Act; or
(ii) fails to attend the proceedings of the Board consecutively for three months without any valid reason; or (iii)
fails to attend less than three-fourths of the sittings in a year; or
(iv) becomes ineligible under sub-section
(4) during his term as a member. (b) ensuring that the child’s rights are protected throughout the process of
apprehending the child, inquiry, aftercare and rehabilitation;
(c) ensuring availability of legal aid for the child through the legal services institutions
; (d) wherever necessary the Board shall provide an interpreter or translator, having such qualifications,
experience, and on payment of such fees as may be prescribed, to the child if he fails to understand the
language used in the proceedings;
(e) directing the Probation Officer, or in case a Probation Officer is not available to the Child Welfare Officer
or a social worker, to undertake a social investigation into the case and submit a social investigation report
within a period of fifteen days from the date of first production before the Board to ascertain the circumstances
in which the alleged offence was committed;
(f) adjudicate and dispose of cases of children in conflict with law in accordance with the process of inquiry
specified in section 14;

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(g) transferring to the Committee, matters concerning the child alleged to be in conflict with law, stated to be in
need of care and protection at any stage, thereby recognising that a child in conflict with law can also be a child
in need of care simultaneously and there is a need for the Committee and the Board to be both involved;
(h) disposing of the matter and passing a final order that includes an individual care plan for the child’s
rehabilitation, including follow up by the Probation Officer or the District Child Protection Unit or a member of
a non-governmental organisation, as may be required;
(i) conducting inquiry for declaring fit persons regarding care of children in conflict with law;
(j) conducting at least one inspection visit every month of residential facilities for children in conflict with law
and recommend action for improvement in quality of services to the District Child Protection Unit and the State
Government;
(k) order the police for registration of first information report for offences committed against any child in
conflict with law, under this Act or any other law for the time being in force, on a complaint made in this
regard;
(l) order the police for registration of first information report for offences committed against any child in need
of care and protection, under this Act or any other law for the time being in force, on a written complaint by a
Committee in this regard;
(m) conducting regular inspection of jails meant for adults to check if any child is lodged in such jails and take
immediate measures for transfer of such a child to the observation home; and
(n) any other function as may be prescribed.

Child Welfare Committee:-

Child Welfare Committee (CWC) is the final authority to dispose of cases for the care, protection, treatment,
development and rehabilitation of children in need of care and protection, as well as to provide for their basic
needs. Powers exercised by CWC: The Committee functions as a bench of Magistrates with the powers of a
metropolitan Magistrate or a Judicial Magistrate of the first class. The committee is the final authority with
regard to cases for the care, protection, treatment, development and rehabilitation of children and to provide
for their basic needs and protection of human rights.

Chapter 5 of the act provides for constitution of a Child Welfare Committee for exercising the powers and to
discharge the duties conferred on such Committees in relation to children in need of care and protection under
this Act and ensure that induction training and sensitization of all members of the committee is provided within
two months from the date of notification Welfare measure.
for 'child in need of care and protection' 2(14) new categories (14 ) “child in need of care and
protection” includes like missing child , a child who is to be married 2(5) Recognition of support after 18 years
also (5 ) “aftercare” means making provision of support, financial or otherwise, to persons, who have
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completed the age of eighteen years but have not completed the age of twenty-one years, and have left any
institutional care to join the mainstream of the society;

NEW Statutory Defination of best interest child friendly (9 ) “best interest of child” means the basis for any
decision taken regarding the child, to ensure fulfilment of his basic rights and needs, identity, social well-being
and physical, emotional and intellectual development; (15 ) “child friendly” means any behaviour, conduct,
practice, process, attitude, environment or treatment that is humane, considerate and in the best interest of the
child; New concept of Aid created (58 ) “sponsorship” means provision of supplementary support, financial or
otherwise, tothe families to meet the medical, educational and developmental needs of the child; New welfare
institutions established

Sections 43 and 44 provide for the constitution of open shelters and foster homes respectively by the State
Government for case and protection of the child.
Section 47 of the act enables the State Government to establish such observation homes in every district as it
deems fit for temporary reception, care and rehabilitation of any child alleged to be in conflict with law, during
the pendency of any inquiry under this Act.
Several rehabilitation and social reintegration measures have been provided for children in conflict with law
and those in need of care and protection. Under the institutional care, children are provided with various
services including education, health, nutrition, de-addiction, treatment of diseases, vocational training, skill
development, life skill education, counselling, etc to help them assume a constructive role in the society The
variety of non-institutional options include: sponsorship and foster care including group foster care for placing
children in a family environment which is other than child’s biological family, which is to be selected,
qualified, approved and supervised for providing care to children. Section 48 of the act enables the State
Government to establish such safety homes in every district as deems fit for rehabilitation of those children in
conflict with law who are found to have committed an offence and who are placed there by an order of the
Juvenile Justice Board.

PROCEDURE IN RELATION TO CHILDREN IN NEED OF CARE AND PROTECTION

31. (1) Any child in need of care and protection may be produced before the Committee by any of the
following persons, namely:—
(i) any police officer or special juvenile police unit or a designated Child Welfare Police Officer or any officer
of District Child Protection Unit or inspector appointed under any labour law for the time being in force;
(ii) any public servant

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; (iii) Childline Services or any voluntary or non-governmental organisation or any agency as may be
recognised by the State Government;
(iv) Child Welfare Officer or probation officer;
(v) any social worker or a public spirited citizen;
(vi) by the child himself; or
(vii) any nurse, doctor or management of a nursing home, hospital or maternity home: Provided that the child
shall be produced before the Committee without any loss of time but within a period of twenty-four hours
excluding the time necessary for the journey.
(2) The State Government may make rules consistent with this Act, to provide for the manner of submitting the
report to the Committee and the manner of sending and entrusting the child to children’s home or fit facility or
fit person, as the case may be, during the period of the inquiry.

32. (1) Any individual or a police officer or any functionary of any organisation or a nursing
home or hospital or maternity home, who or which finds and takes charge, or is handed over a child who
appears or claims to be abandoned or lost, or a child who appears or claims to be an orphan without family
support, shall within twenty-four hours (excluding the time necessary for the journey), give information to the
Childline Services or the nearest police station or to a Child Welfare Committee or to the District Child
Protection Unit, or hand over the child to a child care institution registered under this Act, as the case may be.
(2) The information regarding a child referred to in sub-section (1) shall be mandatorily uploaded on a portal as
may be specified by the Central Government or the Committee or the District Child Protection Unit or the child
care institution, as the case may be.

33. If information regarding a child as required

under section 32 is not given within the period specified in the said section, then, such act shall be regarded as
an offence
34. Any person who has committed an offence under section 33 shall be liable to imprisonment up to six
months or fine of ten thousand rupees or both.
35. (1) A parent or guardian, who for physical, emotional and social factors beyond their control, wishes to
surrender a child, shall produce the child before the Committee. (2) If, after prescribed process of inquiry and
counselling, the Committee is satisfied, a surrender deed shall be executed by the parent or guardian, as the case
may be, before the Committee. (3) The parents or guardian who surrendered the child, shall be given two
months time to reconsider their decision and in the intervening period the Committee shall either allow, after
due inquiry, the child to be with the parents or guardian under supervision, or place the child in a Specialised
Adoption Agency, if he or she is below six years of age, or a children’s home if he is above six years.

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36. (1) On production of a child or receipt of a report under section 31, the Committee shall hold an inquiry in
such manner as may be prescribed and the Committee, on its own or on the report from any person or agency as
specified in sub-section
(2) of section 31, may pass an order to send the child to the children’s home or a fit facility or fit person, and
for speedy social investigation by a social worker or Child Welfare Officer or Child Welfare Police Officer:
Provided that all children below six years of age, who are orphan, surrendered or appear to be abandoned shall
be placed in a Specialised Adoption Agency, where available. Mandatory reporting regarding a child found
separated from guardian. Offence of nonreporting. Penalty for nonreporting. Surrender of children. Inquiry
(2) The social investigation shall be completed within fifteen days so as to enable the Committee to pass final
order within four months of first production of the child:
Provided that for orphan, abandoned or surrendered children, the time for completion of inquiry
shall be as specified in section 38.
(3) After the completion of the inquiry, if Committee is of the opinion that the said child has no family or
ostensible support or is in continued need of care and protection, it may send the child to a Specialised
Adoption Agency if the child is below six years of age, children’s home or to a fit facility or person or foster
family, till suitable means of rehabilitation are found for the child, as may be prescribed, or till the child attains
the age of eighteen years:
Provided that the situation of the child placed in a children’s home or with a fit facility or person or a
foster family, shall be reviewed by the Committee, as may be prescribed.
(4) The Committee shall submit a quarterly report on the nature of disposal of cases and pendency of cases to
the District Magistrate in the manner as may be prescribed, for review of pendency of cases.
(5) After review under sub-section (4), the District Magistrate shall direct the Committee to take necessary
remedial measures to address the pendency, if necessary and send a report of such reviews to the State
Government, who may cause the constitution of additional Committees, if required:
Provided that if the pendency of cases continues to be unaddressed by the Committee even after
three months of receiving such directions, the State Government shall terminate the said Committee and shall
constitute a new Committee.
(6) In anticipation of termination of the Committee and in order that no time is lost in constituting a new
Committee, the State Government shall maintain a standing panel of eligible persons to be appointed as
members of the Committee.
(7) In case of any delay in the constitution of a new Committee under sub-section (5), the Child Welfare
Committee of a nearby district shall assume responsibility in the intervening period.
Children in Need of Care and Protection

.u/s. 37.(1) The Committee on being satisfied through the inquiry that the child before the Committee is a child
in need of care and protection, may, on consideration of Social Investigation Report submitted by Child

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Welfare Officer and taking into account the child’s wishes in case the child is sufficiently mature to take a
view, pass one or more of the following orders, namely:—
(a) declaration that a child is in need of care and protection;
(b) restoration of the child to parents or guardian or family with or without supervision of Child Welfare
Officer or designated social worker;
(c) placement of the child in Children’s Home or fit facility or Specialised Adoption Agency for the purpose of
adoption for long term or temporary care, keeping in mind the capacity of the institution for housing such
children, either after reaching the conclusion that the family of the child cannot be traced or even if traced,
restoration of the child to the family is not in the best interest of the child;
(d) placement of the child with fit person for long term or temporary care;
(e) foster care orders under section 44;
(f) sponsorship orders under section 45;
(g) directions to persons or institutions or facilities in whose care the child is placed, regarding care, protection
and rehabilitation of the child, including directions relating to immediate shelter and services such as medical
attention, psychiatric and psychological support including need-based counselling, occupational therapy or
Orders passed regarding a child in need of care and protection. 21 behaviour modification therapy, skill
training, legal aid, educational services, and other developmental activities, as required, as well as follow-up
and coordination with the District Child Protection Unit or State Government and other agencies;
(h) declaration that the child is legally free for adoption under section 38
. (2) The Committee may also pass orders for —
(i) declaration of fit persons for foster care;
(ii) getting after care support under section 46 of the Act; or (iii) any other order related to any other function
as may be prescribed.

A child in need of care and protection is to be produced before the Child Welfare Committee within 24
hours. The Act provides for mandatory reporting of a child found separated from his/her guardian. Non
reporting has been treated as a punishable offence.

Adoption.
u/s.(3) “adoption regulations” means the regulations framed by the Authority and notified by the Central
Government in respect of adoption;
the act deals with provisions with respect to Eligibility of adoptive parents and the procedure for
adoption.
To streamline adoption procedures for orphan, abandoned and surrendered children, the existing Central
Adoption Resource Authority (CARA) is given the status of a statutory body to enable it to perform its function
more effectively. Separate chapter (VIII) on Adoption provides for detailed provisions relating to adoption and

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punishments for not complying with the laid down procedure. Processes have been streamlined with timelines
for both in-country and inter-country adoption including declaring a child legally free for adoption. 2(1) 2(42)
2(60) Various categories of child recognised to regularise and ease the process of adoption (1) “abandoned
child” means a child deserted by his biological or adoptive parents or guardians, who has been declared as
abandoned by the Committee after due inquiry; (42 ) “orphan” means a child— (i ) who is without biological or
adoptive parents or legal guardian; or (ii ) whose legal guardian is not willing to take, or capable of taking care
of the child; (60 ) “surrendered child” means a child, who is relinquished by the parent or guardian to the
Committee, on account of physical, emotional and social factors beyond their control, and declared as such by
the Committee; 2 2(2) (2) “adoption” Legitimate changed to lawful rights of child recognised not relationship 3
2(3) Adoption rules (3) “adoption regulations” new statutory recognition given to adoption rules SUMMARY
CRIMINAL LAW JJ ACT 2015 16/20 Sec 57 New category of adoptive parents recognised 2. Adoptive
parents should be financially mentally and physically sound and highly motivated for upbringing child. A single
or divorced person may adopt a child. A single male may not adopt a girl child. It has also tried to make the
adoption process of orphaned, abandoned and surrendered children, more streamlined, while adopting some of
the concepts from the Hague Convention on Protection of Children and Cooperation in Respect of Inter-
Country Adoption.

Rehabilitation and Social Re-integration .

The process of child’s rehabilitation and social reintegration is carried out, based on the individual care plan,
preferably through family based care such as: by restoration to family or guardian with or without supervision
; and sponsorship, adoption or foster care
. Adoption Adoption means the process through which the adopted child is permanently separated from his/her
biological parents and become the lawful child of his adoptive parents with all the rights, privileges and
responsibilities that are attached to a biological child. Who can adopt? single or divorced person; parents
interested to adopt a child of the same sex irrespective of the number of living biological sons or daughters; or
childless couple. Which children out of CNCP can be adopted? Orphaned and abandoned
 Surrendered children
 Eligibility of a CNCP to be adopted: Child should be declared legally free for adoption after completion of
enquiry by Child Welfare Committee.
Procedure in case of a orphaned/abandoned child :
- Report and produce the child before CWC within 24 hours along with a report containing the particulars and
circumstances under which child was received and photograph to CWC and Local Police. - File a copy of the
report with the local police station in whose jurisdiction the child was found abandoned within the same period.
–
The CWC shall issue an order for the interim care of the child, pending inquiry.

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 The Specialised Adoption Agency (SAA), on admission of the child, shall enter the details of the child
and photograph of the child online in the Child Adoption Resource Information and Guidance System in the
prescribed format within seventy two hours of receiving the child, after obtaining permission of CWC for the
same. –
The photograph of the child shall be changed every six months in Child Adoption Resource Information and
Guidance System. –
The District Child Protection Unit shall advertise the particulars and photograph of an abandoned child in a
State level newspaper with wide circulation within seventy two hours from the time of receiving the child for
tracing out the biological parents or the legal guardian(s). –
The District Magistrate shall get such advertisement issued in case District Child protection Unit (DCPU)
is not functional. –
The SAA shall submit a report to the Child Welfare Committee immediately after thirty days from the date
of production of the child before the Child Welfare Committee about no-claimant for the child including any
information revealed by the child during his interim care. - Above Steps shall be taken within a period of sixty
days for a child below two years and four months for children above two years from the time when the child is
found. - After observing all the above steps, CWC shall declare the child legally free for adoption and such
order shall be signed by any two members of the Child Welfare Committee and issued within a period of two
months in case of a child upto two years of age and within four months for a child above two years of age, from
the date of production of the child before the Child

Welfare Committee. –
The child study report and medical examination report of an orphan or abandoned child shall be prepared
and posted in the Child Adoption Resource Information and Guidance System by the specialised adoption
agency within ten days from the date the child is declared legally free for adoption. - DCPU shall coordinate
and facilitate the process of uploading the information of the child on Child Adoption Resource Information
and Guidance System. Procedure in case of surrendered child
: The details of the child along with his photograph shall be entered online in the Child Adoption

 Resource Information and Guidance System by the specialised adoption agency within seventy two hours
from the time of receiving the child. The following information shall be submitted by specialised adoption
agency to the Child.

 Welfare Committee along with any other information specific to the case.
- (a) the name of the child, date of birth or age and place of birth along with birth record or certificate, if
available;

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(b) the names, address and identity proof of the biological parents or accompanying adult, if the surrendering
parent is a minor;
(c) details of close relatives of the biological parent(s), if available;
(d) details of sibling(s), if any;
(e) known medical history of the child and biological parent(s); (f) circumstances of the child which may
include reasons for surrender and social background. The counselling sessions shall be arranged by SAA or
CWC to encouraging the parents to retain
 the child as well explaining that the process of surrender is irrevocable. Two months reconsideration will be
given to the biological parents to reclaim the child after.

 surrender of the child. After due inquiry and completion of sixty days reconsideration period, CWC shall
declare the

 surrendered child legally free for adoption. Counselling the parents in terms of explaining the consequences
of adoption and exploring the

 possibilities of parents retaining the child and if, the parents are unwilling to retain, then, such children shall
be kept initially in foster care or arranged for their sponsorship. The deed of surrender shall be executed in the
presence of any two members of the Child Welfare Committee. In case of unmarried mother, the deed may be
executed in the presence of any single member

, preferably female member of the Child Welfare Committee. In case of married couple, surrendering their
child, deed of surrender shall be signed by both

 parents, in case one of them is dead, proof of death needs to be furnished. In case of a child born out of
wedlock, only the mother can surrender the child and if the mother

 is a minor, the deed of surrender shall be signed by an accompanying adult as witness. If the surrender is by a
person other than the biological parents who is not appointed as a

 guardian by the court, the child shall be treated as abandoned, then such procedure prescribed for orphan and
abandoned should be followed. If the surrendering parents do not turn up to claim the child on completion of
reconsideration

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 period of sixty days from the date of surrender, the same should be intimated to CWC. No public notice or
advertisement shall be issued in the case of a surrendered child.

 The Child Welfare Committee shall issue an order signed by any two members declaring the

 surrendered child as legally free for adoption after the expiry of sixty days from the date of surrender.
Eligibility Criteria for Prospective Adoptive Parents (PAPs) the prospective adoptive parents should be
physically, mentally and emotionally stable; financially capable; motivated to adopt a child; and should not
have any life threatening medical condition; any prospective adoptive parent, irrespective of his marital status
and whether or not he has his own biological son or daughter, can adopt a child; single female is eligible to
adopt a child of any gender; single male person shall not be eligible to adopt a girl child; in case of a couple,
the consent of both spouses shall be required; no child shall be given in adoption to a couple unless they have
at least two years of stable marital relationship; the age of prospective adoptive parents as on the date of
registration shall be counted for deciding the eligibility and the eligibility of prospective adoptive parents to
apply for children of different age groups.
Others offences against children.

Child Abuse

Description of the broad crime against any type of child cruelty, including child

endangerment and neglect, plus links to state and national child abuse laws and information

clearinghouses.

 Child Pornography

Description of laws prohibiting the production, possession, distribution, or sale of

pornographic material involving a minor child, including links to state and federal

laws related to child sexual exploitation.

 Statutory Rape

Basics overview of statutory rape, which does not require the victim to have been forced

into having sex with an adult, only that the victim was below the a ge of consent

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In-depth explanation of what constitutes child abandonment in most states, consequences for

physically or emotionally abandoning a child, safe-haven laws, mandatory reporting laws,

and other matters related to child abandonment.

Crimes against children punishable under the Indian Penal Code (IPC) are: a) Murder

(302 IPC) b) Foeticides (Crime against a foetus) Section 315 & 316 IPC. c) Infanticides

(Crime against newborn child) (0 to 1 year) Section 315 IPC. d) Abetment to Suicide

(abetment by other persons for commitment of suicide by children) Section 305 IPC.

1. INCIDENCE OF CRIME AGAINST CHILDREN DURING 2010

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 MODULE-6
INTRODUCTION TO CYBER CRIME- RELEVANT PROVISION UNDER THE
INFORMATION TECHNOLOGY ACT,2000

Objectives of the Act

The Information Technology Act, 2000 provides legal recognition to the transaction done via electronic
exchange of data and other electronic means of communication or electronic commerce transactions.

This also involves the use of alternatives to a paper-based method of communication and information storage to
facilitate the electronic filing of documents with the Government agencies.

Further, this act amended the Indian Penal Code 1860, the Indian Evidence Act 1872, the Bankers’ Books
Evidence Act 1891, and the Reserve Bank of India Act 1934. The objectives of the Act are as follows:

i. Grant legal recognition to all transactions done via electronic exchange of data or other electronic means
of communication or e-commerce, in place of the earlier paper-based method of communication.
ii. Give legal recognition to digital signatures for the authentication of any information or matters requiring
legal authentication
iii. Facilitate the electronic filing of documents with Government agencies and also departments
iv. Facilitate the electronic storage of data
v. Give legal sanction and also facilitate the electronic transfer of funds between banks and financial
institutions
vi. Grant legal recognition to bankers under the Evidence Act, 1891 and the Reserve Bank of India Act,
1934, for keeping the books of accounts in electronic form.

Features of the Information Technology Act, 2000

a. All electronic contracts made through secure electronic channels are legally valid.
b. Legal recognition for digital signatures.
c. Security measures for electronic records and also digital signatures are in place
d. A procedure for the appointment of adjudicating officers for holding inquiries under the Act is finalized
e. Provision for establishing a Cyber Regulatory Appellant Tribunal under the Act. Further, this tribunal
will handle all appeals made against the order of the Controller or Adjudicating Officer.
f. An appeal against the order of the Cyber Appellant Tribunal is possible only in the High Court
g. Digital Signatures will use an asymmetric cryptosystem and also a hash function
h. Provision for the appointment of the Controller of Certifying Authorities (CCA) to license and regulate
the working of Certifying Authorities. The Controller to act as a repository of all digital signatures.

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 i. The Act applies to offences or contraventions committed outside India
j. Senior police officers and other officers can enter any public place and search and arrest without warrant
k. Provisions for the constitution of a Cyber Regulations Advisory Committee to advise the Central
Government and Controller.

Applicability and Non-Applicability of the Act

Applicability

According to Section 1 (2), the Act extends to the entire country, which also includes Jammu and Kashmir. In
order to include Jammu and Kashmir, the Act uses Article 253 of the constitution. Further, it does not take
citizenship into account and provides extra-territorial jurisdiction.

Section 1 (2) along with Section 75, specifies that the Act is applicable to any offence or contravention
committed outside India as well. If the conduct of person constituting the offence involves a computer or a
computerized system or network located in India, then irrespective of his/her nationality, the person is
punishable under the Act.

Lack of international cooperation is the only limitation of this provision.

Non-Applicability

According to Section 1 (4) of the Information Technology Act, 2000, the Act is not applicable to the following
documents:

1. Execution of Negotiable Instrument under Negotiable Instruments Act, 1881, except cheques.
2. Execution of a Power of Attorney under the Powers of Attorney Act, 1882.
3. Creation of Trust under the Indian Trust Act, 1882.
4. Execution of a Will under the Indian Succession Act, 1925 including any other testamentary disposition
by whatever name called.
5. Entering into a contract for the sale of conveyance of immovable property or any interest in such
property.
6. Any such class of documents or transactions as may be notified by the Central Government in the
Gazette.

Offences & Penalties under the Information Technology Act, 2000

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The increase rate of technology in computers has led to enactment of Information Technology Act 2000. The
converting of the paper work into electronic records, the storage of the electronic data, has led tremendous
changed the scenario of the country. The Act further amends the Indian Penal Code, 1860, The Evidence Act,
1872, The Banker’s Book’s Evidence Act, 1891 and The Reserve Bank of India Act, 1934.

The offences included in the IT Act 2000 are as follows:

1. Tampering with the computer source documents.
2. Hacking with computer system.
3. Publishing of information which is obscene in electronic form.
4. Power of Controller to give directions
5. Directions of Controller to a subscriber to extend facilities to decrypt information
6. Protected system
7. Penalty for misrepresentation
8. Penalty for breach of confidentiality and privacy
9. Penalty for publishing Digital Signature Certificate false in certain particulars
10. Publication for fraudulent purpose
11. Act to apply for offence or contravention committed outside India
12. Confiscation
13. Penalties or confiscation not to interfere with other punishments.
14. Power to investigate offences.

Offences Under The It Act 2000:

Section 65. Tampering with computer source documents:

Whoever knowingly or intentionally conceals, destroys or alters or intentionally or knowingly causes another to
conceal, destroy or alter any computer source code used for a computer, computer Programme, computer
system or computer network, when the computer source code is required to be kept or maintained by law for the
being time in force, shall be punishable with imprisonment up to three year, or with fine which may extend up
to two lakh rupees, or with both.

Explanation: For the purpose of this section “computer source code” means the listing of programmes,
computer commands, design and layout and programme analysis of computer resource in any form.

Object: The object of the section is to protect the “intellectual property” invested in the computer. It is an

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attempt to protect the computer source documents (codes) beyond what is available under the Copyright Law

Essential ingredients of the section:

1. knowingly or intentionally concealing ,
2. knowingly or intentionally destroying,
3. knowingly or intentionally altering,
4. knowingly or intentionally causing others to conceal,
5. knowingly or intentionally causing another to destroy,
6. knowingly or intentionally causing another to alter.
This section extends towards the Copyright Act and helps the companies to protect their source code of their
programmes.
Penalties: Section 65 is tried by any magistrate.
This is cognizable and non- bailable offence.
Penalties: Imprisonment up to 3 years and / or
Fine: Two lakh rupees.

Section66. Hacking with the computer system:

(1) Whoever with the intent to cause or knowing that he is likely to cause wrongful loss or damage to the public
or any person destroys or deletes or alters any information residing in a computer resource or diminishes its
value or utility or affects it injuriously by any means, commits hacking.

(2) Whoever commits hacking shall be punished with imprisonment up to three years, or with fine which may
extend up to two lakh rupees, or with both.

Explanation: The section tells about the hacking activity.

Essential ingredients of the section:

1. Whoever with intention or knowledge.
2. Causing wrongful loss or damage to the public or any person.
3. Destroying or altering any information residing in a computer resource.
4. Or diminishes its value or utility or.
5. Affects it injuriously by any means.
Penalties: Punishment: Imprisoned up to three years and
Fine: which may extend up to two lakh rupees.Or with both.

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Section 67. Publishing of obscene information in electronic form:
Whoever publishes or transmits or causes to be published in the electronic form, any material which is
lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who
are likely, having regard to all relevant circumstance, to read see or hear the matter contained or embodied in it,
shall be punished on first conviction with imprisonment of either description for a term which may extend to
five years and with fine which may extend to one lakh rupees and in the event of a second or subsequent
conviction with imprisonment of either description for a term which may extend to ten years and also with fine
which may extend to two lakh rupees.

Essential ingredients of this section:

1. Publishing or transmitting, or causing to be published, pornographic material in electronic form.
Penalties: Punishment: (1) On first conviction --- imprisonment which may extend up to five years.
Fine: up to on first conviction which may extend to one lakh rupees.

(2) On second conviction ---- imprisonment up to which may extend to ten years and Fine which may extend up
to two lakh rupees.

Case Laws:
1. The State of Tamil Nadu v/s Suhas Katti.

Facts: This case is about posting obscene, defamatory and annoying message about a divorcee woman in the
Yahoo message group. E-mails were forwarded to the victim for information by the accused through a false e-
mail account opened by him in the name of the victim. These postings resulted in annoying phone calls to the
lady. Based on the complaint police nabbed the accused. He was a known family friend of the victim and was
interested in marrying her. She married to another person, but that marriage ended in divorce and the accused
started contacting her once again. And her reluctance to marry him he started harassing her through internet.

Held: The accused is found guilty of offences under section 469, 509 IPC and 67 of IT Act 2000 and the
accused is convicted and is sentenced for the offence to undergo RI for 2 years under 469 IPC and to pay fine of
Rs.500/-and for the offence u/s 509 IPC sentenced to undergo 1 year Simple imprisonment and to pay fine of
Rs.500/- and for the offence u/s 67 of IT Act 2000 to undergo RI for 2 years and to pay fine of Rs.4000/- All
sentences to run concurrently.”

The accused paid fine amount and he was lodged at Central Prison, Chennai. This is considered the first case
convicted under section 67 of Information Technology Act 2000 in India.

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2. In a recent case, a groom's family received numerous emails containing defamatory information about the
prospective bride. Fortunately, they did not believe the emails and chose to take the matter to the police. The
sender of the emails turned out to be the girl's step-father, who did not want the girl to get married, as he would
have lost control over her property, of which he was the legal guardian.

2. Avnish Bajaj (CEO of bazzee.com – now a part of the eBay group of companies) case.

Facts: There were three accused first is the Delhi school boy and IIT Kharagpur Ravi Raj and the service
provider Avnish Bajaj.

The law on the subject is very clear. The sections slapped on the three accused were Section 292 (sale,
distribution, public exhibition, etc., of an obscene object) and Section 294 (obscene acts, songs, etc., in a public
place) of the Indian Penal Code (IPC), and Section 67 (publishing information which is obscene in electronic
form) of the Information Technology Act 2000. In addition, the schoolboy faces a charge under Section 201 of
the IPC (destruction of evidence), for there is apprehension that he had destroyed the mobile phone that he used
in the episode. These offences invite a stiff penalty, namely, imprisonment ranging from two to five years, in
the case of a first time conviction, and/or fines.

Held: In this case the Service provider Avnish Bajaj was later acquitted and the Delhi school boy was granted
bail by Juvenile Justice Board and was taken into police charge and detained into Observation Home for two
days.

4. DASKHINA Kannada police have solved the first case of cyber crime in the district.

A press release by Dakshina Kannada Police said here on Saturday that a Father at a Christian institution in the
city had approached the Superintendent of Police with a complaint that he was getting offensive and obscene e-
mails.

Police said that all the three admitted that they had done this to tarnish the image of the Father. As the three
tendered an unconditional apology to the Father and gave a written undertaking that they would not repeat such
act in future, the complainant withdrew his complaint. Following this, the police dropped the charges against
the culprit.

The release said that sending of offensive and obscene e-mails is an offence under the Indian Information
Technology Act 2000. If the charges are framed.

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Section 68. Power of controller to give directions:
(1) The Controller may, by order, direct a Certifying Authority or any employee of such Authority to take such
measures or cease carrying on such activities as specified in the order if those are necessary to ensure
compliance with the provisions of this Act, rules or any regulations made there under.

(2) Any person who fails to comply with any order under sub-section (1) shall be guilty of an offence and shall
be liable on conviction to imprisonment for a term not exceeding three years or to a fine not exceeding two lakh
rupees or to both.

Explanation: Any person who fails to comply with any order under sub section (1) of the above section, shall be
guilty of an offence and shall be convicted for a term not less then three years or to a fine exceeding two lakh
rupees or to both.

The under this section is non-bailable & cognizable.

Penalties: Punishment: imprisonment up to a term not exceeding three years
Fine: not exceeding two lakh rupees.

Section 69. Directions of Controller to a subscriber to extend facilities to decrypt information:

(1) If the Controller is satisfied that it is necessary or expedient so to do in the interest of the sovereignty or
integrity of India, the security of the State, friendly relations with foreign States or public order or for
preventing incitement to the commission of any cognizable offence; for reasons to be recorded in writing, by
order, direct any agency of the Government to intercept any information transmitted through any computer
resource.

(2) The subscriber or any person in charge of the computer resource shall, when called upon by any agency
which has been directed under sub-section,

(1), extend all facilities and technical assistance to decrypt the information.

(3) The subscriber or any person who fails to assist the agency referred to in subsection
(2) shall be punished with an imprisonment for a term which may extend to seven years.

Penalties: Punishment: imprisonment for a term which may extend to seven years.

The offence is cognizable and non- bailable.

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Section 70. Protected System:

(1) The appropriate Government may, by notification in the Official Gazette, declare that any computer,
computer system or computer network to be a protected system.

(2) The appropriate Government may, by order in writing, authorize the persons who are authorized to access
protected systems notified under sub-section (1).

(3) Any person who secures access or attempts to secure access to a protected system in contravention of the
provision of this section shall be punished with imprisonment of either description for a term which may extend
to ten years and shall also be liable to fine.

Explanation: This section grants the power to the appropriate government to declare any computer, computer
system or computer network, to be a protected system. Only authorized person has the right to access to
protected system.
Penalties: Punishment: the imprisonment which may extend to ten years and fine.

Section 71. Penalty for misrepresentation:

(1) Whoever makes any misrepresentation to, or suppresses any material fact from, the Controller or the
Certifying Authority for obtaining any license or Digital Signature Certificate, as the case may be, shall be
punished with imprisonment for a term which may extend to two years, or which fine which may extend to one
lakh rupees, or with both.

Penalties: Punishment: imprisonment which may extend to two years

Fine: may extend to one lakh rupees or with both.

Section 72. Penalty for breach of confidentiality and privacy:

Save as otherwise provide in this Act or any other law for the time being in force, any person who, in pursuance
of any of the powers conferred under this Act, rules or regulation made there under, has secured assess to any
electronic record, book, register, correspondence, information, document or other material without the consent
of the person concerned discloses such material to any other person shall be punished with imprisonment for a
term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.

Explanation: This section relates to any to nay person who in pursuance of any of the powers conferred by the

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Act or it allied rules and regulations has secured access to any: Electronic record, books, register,
correspondence, information, document, or other material.

If such person discloses such information, he will be punished with punished. It would not apply to disclosure
of personal information of a person by a website, by his email service provider.

Penalties: Punishment: term which may extend to two years.

Fine: one lakh rupees or with both.

Section 73. Penalty for publishing Digital Signature Certificate false in certain particulars:
(1) No person shall publish a Digital Signature Certificate or otherwise make it available to any other person
with the knowledge that-
(a) The Certifying Authority listed in the certificate has not issued it; or
(b) The subscriber listed in the certificate has not accepted it; or
(c) The certificate has been revoked or suspended, unless such publication is for the purpose of verifying a
digital signature created prior to such suspension or revocation.

(2) Any person who contravenes the provisions of sub-section (1) shall be punished with imprisonment for a
term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.

Explanation: The Certifying Authority listed in the certificate has not issued it or,
The subscriber listed in the certificate has not accepted it or the certificate has been revoked or suspended.
The Certifying authority may also suspend the Digital Signature Certificate if it is of the opinion that the digital
signature certificate should be suspended in public interest.

A digital signature may not be revoked unless the subscriber has been given opportunity of being heard in the
matter. On revocation the Certifying Authority need to communicate the same with the subscriber. Such
publication is not an offence it is the purpose of verifying a digital signature created prior to such suspension or
revocation.

Penalties: Punishment imprisonment of a term of which may extend to two years.

Fine: fine may extend to 1 lakh rupees or with both.

Case Laws:
1. Bennett Coleman & Co. v/s Union of India.
In this case the publication has been stated that ‘publication means dissemination and circulation’. In the

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context of digital medium, the term publication includes and transmission of information or data in electronic
form.

Section 74. Publication for fraudulent purpose:

Whoever knowingly creates, publishes or otherwise makes available a Digital Signature Certificate for any
fraudulent or unlawful purpose shall be punished with imprisonment for a term which may extend to two years,
or with fine which extend to one lakh rupees, or with both.

Explanation: This section prescribes punishment for the following acts:

Knowingly creating a digital signature certificate for any

i. fraudulent purpose or,
ii. unlawful purpose.

Knowingly publishing a digital signature certificate for any

i. fraudulent purpose or
ii. unlawful purpose

Knowingly making available a digital signature certificate for any

i. fraudulent purpose or
ii. unlawful purpose.

Penalties: Punishment: imprisonment for a term up to two years.

Fine: up to one lakh or both.

Section 75. Act to apply for offence or contravention committed outside India:
(1) Subject to the provisions of sub-section (2), the provisions of this Act shall apply also to any offence or
contravention committed outside India by any person irrespective of his nationality.
(2) For the purposes of sub-section (1), this Act shall apply to an offence or

Contravention committed outside India by any person if the act or conduct constituting the offence or
contravention involves a computer, computer system or computer network located in India.

Explanation: This section has broader perspective including cyber crime, committed by cyber criminals, of any
nationality, any territoriality.

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Section 76. Confiscation:
Any computer, computer system, floppies, compact disks, tape drives or any other accessories related thereto,
in respect of which any provisions of this Act, rules, orders or regulations made there under has been or is being
contravened, shall be liable to confiscation :

Provided that where it is established to the satisfaction of the court adjudicating the confiscation that the person
in whose possession, power or control of any such computer, computer system, floppies, compact disks, tape
drives or any other accessories relating thereto is found is not responsible for the contravention of the
provisions of this Act, rules orders or regulations made there under, the court may, instead of making an order
for confiscation of such computer, computer system, floppies, compact disks, tape drives or any other
accessories related thereto, make such other order authorized by this Act against the person contravening of the
provisions of this Act, rules, orders or regulations made there under as it may think fit.

Explanation: The aforesaid section highlights that all devices whether computer, computer system, floppies,
compact disks, tape drives or any other storage, communication, input or output device which helped in the
contravention of any provision of this Act, rules, orders, or regulations made under there under liable to be
confiscated.

77. Penalties or confiscation not to interfere with other punishments:

No penalty imposed or confiscation made under this Act shall prevent the imposition of any other punishment
to which the person affected thereby is liable under any other law for the time being in force.

Explanation: The aforesaid section lays down a mandatory condition, which states the Penalties or confiscation
not to interfere with other punishments to which the person affected thereby is liable under any other law for
the time being in force.

78. Power to investigate offences:

Notwithstanding anything contained in the Code of Criminal Procedure, 1973, a police officer not below the
rank of Deputy Superintendent of Police shall investigate any offence under this Act.

Explanation: The police officer not below the rank of Deputy Superintendent of police shall investigate the
offence.

INTERMEDIARIES NOT TO BE LIABLE IN CERTAIN CASES( u/s79.)

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Exemption from liability of intermediary in certain cases.–

(1) Notwithstanding anything contained in any law for the time being in force but subject to the provisions of
sub-sections ,
(2) and (3), an intermediary shall not be liable for any third party information, data, or communication link
made available or hosted by him.
(2) The provisions of sub-section (1) shall apply if–
(a) the function of the intermediary is limited to providing access to a communication system over which
information made available by third parties is transmitted or temporarily stored or hosted; or
(b) the intermediary does not– (i) initiate the transmission, (ii) select the receiver of the transmission, and (iii)
select or modify the information contained in the transmission;
(c) the intermediary observes due diligence while discharging his duties under this Act and also observes such
other guidelines as the Central Government may prescribe in this behalf.

(3) The provisions of sub-section (1) shall not apply if–

(a) the intermediary has conspired or abetted or aided or induced, whether by threats or promise or otherwise in
the commission of the unlawful act;
(b) upon receiving actual knowledge, or on being notified by the appropriate Government or its agency that
any information, data or communication link residing in or connected to a computer resource controlled by the
intermediary is being used to commit the unlawful act, the intermediary fails to expeditiously remove or disable
access to that material on that resource without vitiating the evidence in any manner.
Explanation.–For the purposes of this section, the expression ―third party information‖ means any information
dealt with by an intermediary in his capacity as an intermediary.

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