POLICE ACT, 1861 (TAMIL NADU AMENDMENT)

Section 1 - Interpretation clause

The following words and expressions in this Act shall have the meaning assigned to them, unless there be something in the subject or context repugnant to such construction, that is to say-

{Cf. also Section 3 (2) of the Code of Criminal Procedure, 1898 (Act 5 of 1898).} "the words" Magistrate of the district shall mean the chief officer charged with the executive administration of a district and exercising the powers of a Magistrate, by whatever designation the chief officer charged with such executive administration is styled:

the word " Magistrate " shall include all persons within the general police-district, exercising all or any of the power of a Magistrate:

the word "police " shall include all persons who shall been rolled under this Act:

the words " general police-district " shall embrace any {Under Section 2 of the Police Act, 1888 (3 of 1888), the Central Government may notwithstanding this provision, create a special police-district, consisting of parts of two or more State Section

As to Delhi State, see Gazette of India, 1912, Part I, p.1105.} residency, State, or place, or any part of any presidency State or place, in which this Act shall be ordered to take effect:

{Inserted by Act 8 of 1895, Section1.} [the words "District Superintendent" and "District Superintendent of Police" shall include any Assistant District Superintendent or other person appointed by general or special order of the State Government to perform all or any of the duties of a District Superintendent of Police under this Act in any district:]

the word "property " shall include any moveable property money, or valuable security:

{The definitions relating to " number " and " gender " repealed by Act 10 1914, Section3 and Schedule II.}

the word " person " shall include a company or corporation:

the word " month " shall mean a calendar month:

{Cf. definition of " cattle " in Section3 of the Cattle-trespass Act, 1871 (1 1871).} the word "cattle"

shall, besides horned cattle, include elephants, camels, horses, asses, mules, sheep, goats and swine.

{Inserted by the A.O.1937} [References to the subordinate ranks of a police force shall be construed as references to members of that force belong the rank of Deputy Superintendent.]

{Section 2, so far as it is related to the provinces under the administration of the Lieutenant-Governor of Bengal, repealed by the Bengal Police Act, 1869 (Ben.7 of 1869).}

[STATE AMENDMENTS

[Tamil Nadu

[1] [In Section 30

In section 1 relating to the interpretation clause, after the definition of the word "cattle", the following definition shall be inserted, namely:--

"the words 'public place' shall mean a place (including a road, street or way, whether a thoroughfare or not, and a landing-place) to which the public are granted access or have a right to resort, or over which they have a right to pass";]]]

Section 15A - Awarding compensation to suffers from misconduct of inhabitants or persons interested in land

(1)   If, in any area in regard to which any proclamations notified under the last preceding section is in force, death or grievous hurt or loss of, or damage to, property has been caused by or has ensued from the misconduct of the inhabitants of such area or any class or section of them it shall be lawful for any person being a inhabitant of such area, who claims to have suffered injury from such misconduct to make, within one month from the date of the injury or such shorter period as may be prescribed, an application for compensation to the Magistrate of the district or of the sub-division of district within which such area is situated.

(2)   It shall thereupon be lawful for the Magistrate of the district with the sanction of the State Government after such enquiry as he may deem necessary, and whether any additional police-force has or has not been quartered in such area under the last preceding section to?

a)     declare the persons to whom injury has been caused by or has ensued from such misconduct;

 

b)     fix the amount of compensation to be paid to such person and the manner in which it is to be distributed among them; and

c)     assess the proportion in which the same shall be paid by the inhabitants of such area other than the applicant who shall not have been exempted from liability to pay under the next succeeding sub-section:

Provided that the Magistrate shall not make any declaration assessment under this sub-section, unless he is of opinion that such injury as aforesaid has arisen from a riot or unlawful assembly within such area, and that the person who suffered the injury was himself free from blame in respect of the occurrences which led to such injury

(3)   It shall be lawful for the State Government, by order, to exempt any persons or class or section of such inhabitants from liability to pay any portion of such compensation.

(4)   Every declaration or assessment made or order passed by the Magistrate of the district under sub-section (2) shall be subject revision by the Commissioner of the Division or the State Government, but save as aforesaid shall be final.

(5)   No civil suit shall be maintainable in respect of any injury for which compensation has been awarded under this section.

(6)   Explanation.?In this section the word " inhabitants " she have the same meaning as in the last preceding section].

{ Subs by Act 8 of 1895, s.6, for the original section }

[STATE AMENDMENTS

[Tamil Nadu

[2] [In Section 15-A

(i)?? ?in sub-section (1), the words "in regard to which any proclamation notified under the last preceding section is in force" and the words "being an inhabitant of such area," shall be omitted;

(ii)?? ?in sub-section (2), clauses (a), (b) and (c) shall be re-lettered as clauses (b), (c) and (d), respectively, and the following shall be inserted as clause (a), namely:--

"(a) declare the limits of the local area the inhabitants of which have, in his opinion, been guilty of such misconduct or caused or contributed to the same."]

Section 30 - Regulation of public assemblies and processions and licensing of the same

(1)   The District Superintendent or Assistant District Superintendent of Police may, as occasion requires, direct the conduct of a assemblies and processions on the public roads, or in the public street or thoroughfares, and prescribe the routes by which, and the times which, such processions may pass.

(2)   He may also, on being satisfied that it is intended by a persons or class of persons to convene or collect an assembly in a such road, street or thoroughfare, or to form a procession which would in the judgment of the Magistrate of the district, or of the sub-division of a district, if uncontrolled, be likely to cause a breach of the peace require by general or special notice that the persons convening collecting such assembly or directing or promoting such process) shall apply for a license.

(3)   On such application being made, he may issue a license specifying the names of the licensees and defining the conditions on which alone such assembly or such procession is to be permitted to the place and otherwise giving effect to this section: Provided that in fee shall be charged on the application for, or grant of, any such license.

(4)   He may also regulate the extent to which music may be use in the streets on the occasion of festivals and ceremonies.]

{ Inserted by section 11, ibid.}

[STATE AMENDMENTS

[Tamil Nadu

[3] [In Section 30

(i)    in sub-section (1), for the words "on the public roads, or in the public streets or thoroughfares ", the words "in public places" shall be substituted;

(ii)   in sub-section (2), for the words "in any such road, street or thoroughfare", the words "in any such public place" shall be substituted;

(iii)  in sub-section (4), for the words "in the streets", the words "in public places" shall be substituted;]

 

Section 31 -Policeto keep order in public roads, etc.

It shall be the duty of the police to keep order on the public roads, and in the public streets, thoroughfares ghats and landing places, and at all other places of public resort, and to prevent obstructions on the occasions of assemblies and processions on the public roads and in the public streets, or in the neighbourhood of places of worship, during the time of public worship, and in any case when any road, street, thoroughfare, ghat or landing-place may be thronged or may be liable to be obstructed.

[STATE AMENDMENTS

[Tamil Nadu

[4] [In Section 31

for the words "on the public roads and in the public streets, thoroughfares, ghats and landing-places, and at all other places of public resort", the words "in public places", for the words "on the public roads and in the public streets", the words "in public places", and for the words "road, street, thoroughfare, ghat or landing-place", the words "public place" shall be substituted.]

Section 34 - Punishment for certain offences on roads ,etc.

Any person who, on any road or in any {Ins. by s.13, ibid.} [open place or] street or thoroughfare within the limits of any town to which this section to shall be specially extended by the State Government, commits any road of the following offences, to the obstruction, inconvenience, annoyance, risk, danger or damage of the { Subs by s.13, ibid., for " residents and passengers "} [residents or passengers] shall, on conviction before a Magistrate, be liable to a fine not exceeding fifty rupees, or to imprisonment [with or without hard labour] { Ins. by Act 1 of 1903? s.3 and Sch.II } not exceeding eight days; and it shall be lawful for any police-officer to take into custody, without a warrant, any person who within his view commits any of such offences, namely :-? (Powers of police-officers.)

Slaughtering cattle ,furious riding, etc.- First.?Any person who slaughters any cattle or cleans any carcass; any person who rides or drives any cattle recklessly or furiously, or trains or breaks any house or other cattle:

Cruelty to animals.- Second--Any person who wantonly or cruelly beats, abuses or tortures any animal: and

Obstructing passengers.- Third.?Any person who keeps any cattle or conveyance of any kind standing longer than is required for loading or unloading or for taking up or setting down passengers, or who leaves any conveyance in such a manner as to cause inconvenience or danger to the public:

Exposing goods for sale.- Fourth.?Any person who exposes any goods of sale:

Throwing dirt into street.- Fifth.?Any person who throws or lays down any dirt, filth, rubbish or any stones or building materials, or who constructs any cowshed, stable or the like, or who cause any offensive matter to run from any house, factory, dung incapable of taking care of himself:

Being found drunk or riotous.- Sixth.?Any person who is found drunk or riotous or who incapable of taking care of himself:

Indecent exposure of person.- Seventh.?Any person who willfully and indecently exposes his person, or any offensive deformity or disease, or commit nuisance by easing himself, or by bathing or washing in any tank or reservoir not being a place set apart for the purpose:

Neglect to protect dangerous places.- Eighth.?Any person who neglects to fence in or duly to protect any well, tank or other dangerous place or structure.

[STATE AMENDMENTS

[Tamil Nadu

[5] [In Section 34

For the words "on any road or in any open place or street or thoroughfare", the words "in any public place" shall be substituted.]