THE POLICE (INCITEMENT TO DISAFFECTION) ACT, 1922

 

 

ACT NO.22 OF 1922

[AS ON 1957]

 

 

An Act to provide a penalty for spreading disaffection among the police and for kindred offences.

 

[5th October, 1922.]

Contents

1.Short title, extent and commencement

2.Definition

3.Penalty for causing disaffection etc

4.Saving of acts done by police associations and other persons for certain purpose

5.Sanction trial of offences by Subordinate Courts

6.Trial of cases

THE SCHEDULE

 

WHEREAS it is expedient to penalize the spreading of Disaffection among the police and other kindred offences; It is hereby enacted as follows:—

 

 

 

1.Short title, extent and commencement

.- (1) This Act may be called the Police (Incitement to Disaffection) Act, 1922.

 

   { Subs.by the A.O.1950.} [(2) It extends to the whole of India except {Subs.by the Adaptation of Laws (No.3) Order, 1956 for " Part B States".} [the territories which, immediately before the 1st November, 1956, were comprised in Part B States].]

 

(3) It shall come into force in any State or part of a State on such date {This Act came into force in Assam from 25th.January, 1923, see Assam Gazette, 1923, Pt.II, p.113; in the Punjab from 13th March, 1930, see Punjab Gazette, 1930, Pt.I, p.342; in B.& O.(including the Sonthal Parganas) from 15th May, 1930, see B.& O.Gazette, Extraordinary, dated 13th May, 1930 and in the Bombay Presidency from 5th June, 1930, see Bom.Gazette, 1930 Pt.I, p.1394.The Act has also been declared to be in force in the Khondmals District by the Khondmals Laws Regulation, 1936 (4 of 1936), s.3 and Sch and in the Angul District by the Angul Laws Regulation, 1936 (5 of 1936), s.3 and Sch.

Extended to Shabda, Nandurbar and Taloda Talukas of the West Khandesh District; the Dohad Taluka and the Jhalod Mahal of the Panch Mahal District of the State of Bombay by Schedule II of Act 20 of 1954.} as the State Government may, by notification in the Official Gazette, direct.

 

 

 

2.Definition

.- In this Act, the expression " member of a police-force'' means any person appointed or enrolled for the performance of police duties under any enactment specified in the Schedule.

 

 

 

3.Penalty for causing disaffection etc

.- Whoever intentionally causes or attempts to cause, or does any 1 act which he knows is likely to cause, disaffection towards {The words " His Majesty or " omitted by the A.O.1950.}  the Government established by law in {Subs.by the A.G.1948, for " British India or British Burma ", The word " or British Burma " were iris.by the A.O.1937.} [India] amongst the member of a police-force, or induces or attempts to induce, or does any which he knows is likely to induce, any member of a police-force to withhold his services or to commit a breach of discipline shall be punished with imprisonment which may extend to six months with fine which may extend to two hundred rupees, or with both.

 

Explanation.Expressions of disapprobation of the measures of the Government with a view to obtain their alteration by lawful means or of disapprobation of the administrative or other action of the Government, do not constitute an offence under this section unless they cause or are made for the purpose of causing or are likely it cause disaffection.

 

 

 

4.Saving of acts done by police associations and other persons for certain purpose

.- Nothing shall be deemed to be an offence under this Act which is done in good faith—

 

(a) for the purpose of promoting the welfare or interests of any member of a police-force by inducing him to withhold his services in any manner authorised by law; or

 

(b) by or on behalf of any association formed for the purpose of furthering the interests of members of a police-force as such, where the association has been authorised to recognised by the Government and the act done is done under any rules or articles of the association which have been approved by the Government.

 

 

 

5.Sanction trial of offences by Subordinate Courts

.- No Court shall proceed to the trial of any offence under this Act except with the previous sanction, or on the complaint, of the  District Magistrate or, in the case of a Presidency-town, {The words " or the town of Rangoon " omitted by the A.O.1937.}   of the Commissioner of Police.

 

 

 

6.Trial of cases

.- (1) No Court inferior to that of a Presidency Magistrate or Magistrate of the first class shall try any offence under this Act.

 

(2) Notwithstanding anything contained in Chapter XXII of the Code of Criminal Procedure, 1898, (5 of 1898) no offence under this Act shall be triable summarily.

 

 

THE SCHEDULE

 

 (See section 2.)

 

Year.                                       No.                                                        Short title

                                                                                                              Acts of the Governor General in Council.

1859                                        XXIV                                                    The Madras District Police Act, 1859.

1861                                        V                                                           The Police Act, 1961.

{ The entry relating to

the Burma Military Police

Act, 1887 (15 of 1887)

omitted by the A.O.1948.

                                                                                                                                     

1888                                        III                                                          The Police Act, 1888.

1892                                        V                                                           The Bengal Military Police Act, 1892.

                                                                                                              Madras Act.

1888                                        III                                                          The Madras City Police Act, 1888.

                                                                                                              Bombay Acts.

1890                                        IV                                                          The Bombay District

                                                                                                              Police Act, 1890.

1902                                        V                                                           The City of Bombay

                                                                                              Police Act, 1902.

                                                           Bengal Acts.

 

1866                                        II                                                           The Calcutta Suburban Police Act, 1866.

1866                                        IV                                                          The Calcutta Police Act, 1866.

1890                                        III                                                          The Calcutta Port Act, 1890.

1920

{The entry relating to the   II                                                           The Eastern Frontier Rifles (Bengal

Rangoon Police Act, 1899 Battalion) Act, 1920.

(Burma 4 of 1899),

omitted ibid. }                                                                                    

                                                                           Assam Act

 

1920                                        I                                                             The Assam Rifles Act, 1920.

Regulation by the Governor General in Council.

1888                                        II                                                           The Andaman and Nicobar Islands Military

                                                                                                              Police Regulation,1888.