Assignment 1 LO 0707 Criminal Minor Acts : Executive Powers and Duties of Police

Assignment 1 LO 0707 Criminal Minor Acts : Executive Powers and Duties of Police 

The Maharashtra Police Act, 1951

Bombay Act No. 22 of 1951

CHAPTER VI :  Executive Powers and Duties of the Police

64. Duties of a Police Officer. - It shall be the duty of every Police Officer-

(a) promptly to serve every summons and obey and execute every warrant or other order lawfully issued to him by competent authority, and to endeavour by all lawful means to give effect to the lawful commends 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 superior as shall be best calculated to bring offenders to justice or to prevent the commission of cognizable and within his view of non-cognizable offences;

(c) to prevent to the best of his ability the commission of public nuisances;

(d) to apprehend without unreasonable delay all persons whom he is legally authorised to apprehend and for whose apprehension there is sufficient reason;

(e) to aid another Police Officer when called on by him or in case of need in the discharge of his duty, in such ways as would be lawful and reasonable on the part of the officer aided;

(f) to discharge such duties as are imposed upon him by any law for the time being in force.

65. Power to enter places of public resort. - (1) Every Police Officer, may, subject to the rules and orders made by the State Government or by a person lawfully authorised, enter for any of the purposes referred to in section 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.

Power to search suspected persons in a street

(2) 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 by manifestly false or suspicious, may detain such article and report the facts to a Magistrate, who shall thereon proceed according to sections 523 and 525 of the Code of Criminal Procedure, 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 charges 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 for 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 for 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 -

(a) to regulate and control the traffic in the streets, to prevent obstructions therein and to the best of his ability, to prevent the infraction of any rule or order made under this Act or any other law in force for observance by the public in or near the streets;

(b) to keep order in the streets and at and within public bathing, washing and landing places, fairs, temples and all other places of public resort and in the neighbourhood of places of public worship during the time of public worship;

(c) to regulate resort to public bathing, washing and landing places, to prevent overcrowding thereat and in public ferry-boats and, to the best of his ability, to prevent the infraction of any rule or order lawfully made for observance by the public at any such place or on any such boat.

68. Persons bound to conform to reasonable orders of Police. - All persons shall be bound to conform to the reasonable directions of a Police Officer given in fulfilment of any of his duties under this Act.

69. Power of Police Officer to restrain, remove, etc. - A Police Officer may restrain or remove any person resisting or refusing or omitting to conform to any direction referred to in section 68 and may either take such person before a Magistrate or, in trivial cases, may release him when the occasion is past.

70. Enforcement of orders issued under sections 37, 38 or 39. - Whenever a notification has been duly issued under section 37 or an order has been made under section 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 used 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.

71. Duty of Police to see orders issued under sections 43, 55, 56, [57, 57A or 63AA] are carried out. - It shall be the duty of the Police to see that every regulation and direction made by any authority under sections 43, 55, 56, [57, 57A or 63AA] is duly obeyed to warn persons who from ignorance fail to obey the same and to arrest any person who wilfully disobeys the same.

72. When Police Officer may arrest without warrant. - 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 section 121 or against whom reasonable complaint has 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 clause (x) of sub-section (1) of section 33 or an order or notification under sections 36, 37, 56, [57, 57A or 63AA].

[(2A) any person who contravenes any order made under sub-section (1) of section 63A;]

(3) any person who commits an offence punishable under section 122 or section 136.

73. When Police may arrest without a warrant. - 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 [clauses (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k) or (m) of sub-section (1) of section 11 of the Prevention of Cruelty to Animals Act, 1960].

73A. [Extension of section 6B of Act XI of 1890 as in force in pre-Reorganisation State to rest of the State for the purposes of sections 74 to 77]. Deleted by Maharashtra 24 of 1964, Section 3.

74. Powers with regard to offences under [Act LIX of 1960]. - When in respect of an animal an offence under [sub-section (1) of section 11 or section 12 of the Prevention of Cruelty to Animals Act, 1960 (hereinafter in this section and in sections 75 and 77 referred to as 'the said Act')] has been committed, or, when there is reasonable ground for suspecting that such offence has been committed, a Police Officer may-

(a) take the animal to a Magistrate, or

(b) if the accused person so requires take the animal to a veterinary officer, if any, empowered by the State Government in this behalf, or

(c) take the animal to an infirmary appointed under [section 35] of the said Act for treatment and detention therein, pending direction of a Magistrate under [* * * * *] 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 cases falling under clause (b) or (d) the Police Officer may direct that the animal shall be sent for detention in a dispensary or any suitable place approved by the State Government by general or special order and be there detained until its production before a Magistrate:

Provided further that an animal so detained shall be produced before a Magistrate with the least possible delay and within a period not exceeding three days from the date on which it was sent for detention and shall be handed over to its owner unless the Magistrate passes an order for its further detention in an infirmary.

75. Power of Magistrate to return animal to person from whose possession it was taken. - When an animal is brought before a Magistrate under section 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 from 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 [section 35] of the said Act or may make such order as he thinks fit regarding the disposal or custody and production of the animal.

76. Veterinary Officer to examine the animal. - The veterinary officer before whom an animal is brought under section 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.

77. Animal to be dealt with under [Act LIX of 1960]. - When under section 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 section 74 a Magistrate directs that an animal shall be sent for treatment and care to an infirmary and be detained therein the provisions of [section 35] of the said Act, shall, so far as may be, apply.

78. Power of Police Officer to unsaddle the animal or unload. - 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.

[79. Power of Police to arrest without warrant when certain offences committed in his presence. - 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 section 117 or section 125 or section 130 or sub-clauses (i), (iv) or (v) of section 131 or clause (i) of section 135 in respect of contravention of any order made under section 39 or 40].

80. Other powers of arrest. - (1) Any Police Officer specially employed in this behalf by a competent authority may arrest without warrant for an offence specified in section 110.

(2) Any Police Officer may, on the information of any person in possession, or charge of any dwelling house, private premises or land ground attached thereto, arrest without warrant any person alleged to have committed therein or thereon an offence punishable under section 120.

81. Refusal to obey warning or to accompany Police. - 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.

82. Police to take charge of unclaimed property. - (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 any area for which a Commissioner has been appointed] the property of which the Police have taken charge under sub-section (1) shall be handed over to the Commissioner.

83. Intestate property over four hundred rupees in value. - (1) [In any area under the charge of a Commissioner] if any property of the nature referred to in section 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-General's Act, 1913, or other law for the time being in force.

(2) [In areas 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 the 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 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.

84. Intestate property over four hundred rupees in value. - If the property regarding which a report is made to a Magistrate under section 83 or under section 19 of the Bombay Village Police Act, 1867, [or of that Act as in force in the Kutch area of the State of Bombay, or under section 21 of the Saurashtra Village Police Ordinance, 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 provision of section 10 of Bombay Regulation VIII of 1827 (Regulation to provide for the formal recognition of heirs, etc.) or other law in force.

85. Procedure in other cases. - (1) In any case not covered by section 83 or 84, the Commissioner [, the Superintendent] 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 of some other officer whom he appoints in this behalf and establishes his claim within [two months] from the date of such proclamation.

Power to sale perishable property at once

(2) If the property, or any part thereof, is subject to speedy and natural decay, or consists of live-stock, or if the property appears to be of less value than [two thousand and five hundred rupees], it may be forthwith sold by auction under the orders of the Commissioner [, the Superintendent] or the Magistrate concerned, as the case may be, and the net proceeds of such sale shall be dealt with in the same manner as is hereinafter provided for the disposal of the said property.

86. Delivery of property to person entitled. - (1) The Commissioner [or, the Superintendent] 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 section 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.

Power to take security

(2) The Commissioner [or, the Superintendent] 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.

87. In default of claim, Property to be at disposal of State Government. - 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 part thereof as has not already been sold under sub-section (2) of section 85, may be sold by auction under the orders of the Commissioner [or, the Superintendent], or the Magistrate concerned, as the case may be.

88. Procedure not affected by Indian Succession Act or Administrator-General's Act or Regulation VIII of 1827 [or corresponding law]. - Nothing in the Indian Succession Act, 1925, or in the Administrator-General's Act, 1913, shall apply to intestate property which is dealt with by the Commissioner under sub-section (1) of section 85, nor shall the provisions of section 10 of Regulation VIII of 1827 [or of any corresponding law in force] likewise be deemed to apply to intestate property which is dealt with by a Magistrate under sub-section (1) of section 85.

89. Police Officer may take charge of stray cattle. - [In any areas 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, [ [* * * * * 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.]

90. Power to establish cattle-pounds and appoint pound-keepers. - (1) [In any area [(other than Greater Bombay)] under the charge of a Commissioner], the Commissioner [* * * *] shall, from time to time, appoint such places as he thinks fit to be public pounds, and may appoint to be keepers of such pounds Police officers of such rank as may be approved by the State Government.

(2) Every pound-keeper so appointed shall, in the performance of his duties' be subject to the direction and control of the Commissioner, [* *].

[90A. Penalty for allowing cattle to stray into street or trespass upon private or public property. - (1) Whoever in [any area [(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 private or public property shall, on conviction, be punished-

(i) for the first offence, with imprisonment for a term which may extend to one month or with fine which may extend to [three thousand 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 thousand 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 thousand 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].

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

[* * * * *]

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

93. Sale of cattle not claimed. - (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 section 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 shall 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).

94. Rate to be fixed by notification. - (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 kin 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.

95. Powers as to inspection, search and seizure of false weights and measures. - (1) Notwithstanding anything contained in section 153 of the Code of Criminal Procedure, 1898, any Police Officer generally or specially deputed, in [any area under the charge of a Commissioner], by the Commissioner and elsewhere, by the [Superintendent] or any other officer specially empowered in that behalf by the State Government, may without warrant enter any shop or premises for the purpose of inspecting or searching for any weights or measures or instruments for weighing or measuring used or kept therein.

(2) If he finds in such shop or premises weights, measures or instruments, for weighing or measuring which he has reason to believe are false, he may seize the same and shall forthwith give information of such seizure to the Magistrate having jurisdiction, and if such weights, measures or instruments shall be found by the Magistrate to be false, they shall be destroyed.

(3) Weights and measures purporting to be of the same denomination as weights and measures, the standards whereof are kept under any law from time to time in force shall, if they do not correspond with the said standards, be deemed to be false within the meaning of this section.

96. Procedure to be followed by officers and Magistrates in certain cases. - (1) Notwithstanding anything contained in sections 129, 130, sub-section (2) of section 167, and section 173 of the Code of Criminal Procedure, 1898-

(i) the powers and duties of a Magistrate under sections 129 and 130 of that Code may, in [any area under the charge of a Commissioner] be exercised and performed by the Commissioner,

(ii) the Presidency Magistrate in Greater Bombay to whom an accused person is forwarded under sub-section (2) of section 167 of the Code, may, whether he has or has not jurisdiction to try the case, from time to time, authorise the detention of the accused in such custody as such Magistrate thinks fit for a term not exceeding fifteen days at a time,

(iii) the officer in charge of the Police Station shall forward his report under section 173 of the Code to the Commissioner or such other officer as the Commissioner may direct in that behalf.

(2) Nothing contained in section 62 of the Code of Criminal Procedure, 1898, shall operate to require any officer in charge of a Police Station [any area under the discharge of a Commissioner] to submit any report provided for by that section to any Magistrate.

(3) Sections 127 and 128 of the Code of Criminal Procedure, 1898, in their application to Greater Bombay [and any other area for which a Commissioner has been appointed] shall be amended as follows:-

(a) in section 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 section 128, for the words "police station whether within or without the presidency-towns "the words and figures" section or any Police Officer authorised under section 127" shall be substituted.

97. A superior Police Officer may himself perform duties imposed on his inferior; etc. - 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 law or for avoiding as infringement thereof.

98. Emergency duties of Police. - (1) The State Government may, by notification in the Official Gazette, declare any specified service to be an essential service to the community:

Provided that such notification shall remain in force for one month in the first instance, but may be extended, from time to time, by a like notification.

(2) Upon a declaration being made under sub-section (1) and so long as it remains in force, it shall be the duty of every Police Officer to obey any order given by any superior officer in relation to employment upon or in connection with the service specified in the declaration; and every such order shall be deemed to be a lawful order within the meaning and for the purposes of this Act.

CHAPTER VI Executive Powers and Duties of the Police

Reference 

M-35. Executive powers and duties of police officers in the investigation of crime, Investigation in

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