Executive Powers and Duties of the Police under the Maharashtra Police Act 1951
Executive Powers and Duties of the Police
Chapter VI of the document outlines Executive Powers and Duties of the Police
Duties of a
Police Officer (Section 64):
(1) Serve summonses, execute warrants, and follow lawful
orders.
(2) Gather intelligence on crimes and take steps to
prevent or address them.
(3) Prevent public nuisances.
(4) Promptly apprehend individuals with sufficient reason.
(5) Assist other Police Officers when necessary.
(6) Carry out duties imposed by the law.
Power to Enter
Places of Public Resort (Section 65):
(1) Police Officers can enter places like drinking shops
or places frequented by disorderly individuals without a warrant.
(2) They can inspect these places to maintain public
order.
Duties of
Police Officers towards the Public (Section 66):
(1) Provide assistance to disabled or helpless individuals
in public.
(2) Take charge of intoxicated persons and dangerous or
incapacitated lunatics.
(3) Ensure the well-being of individuals under arrest or
in custody.
(4) Conduct searches without unnecessary rudeness or
annoyance.
(5) Handle women and children with decency and gentleness.
(6) Help prevent fire, accidents, and public dangers.
Police to
Regulate Traffic and Public Order (Section 67):
(1) Regulate and control traffic in streets, preventing
obstructions.
(2) Maintain order in streets, public places, and near
places of worship.
(3) Regulate public bathing, washing, and landing places,
preventing overcrowding.
Conforming to
Police Directions (Section 68):
All persons must follow
reasonable directions given by a Police Officer in line with their duties.
Power to
Restrain and Arrest (Sections 69-71):
(1) Police Officers can restrain, remove, or arrest
persons who resist or refuse to obey directions.
(2) They can arrest without a warrant in specific
circumstances.
Enforcement of
Orders (Sections 70 and 71):
Magistrates and Police Officers
can enforce orders issued under various sections of the Act, including orders
related to public safety and public nuisances.
Taking Charge
of Unclaimed Property (Section 82):
(1) Police are responsible for unclaimed property and
property left in public places.
(2) They may take temporary charge and, in certain areas,
hand it over to a Commissioner.
Dealing with
Intestate Property (Sections 83 and 84):
Procedures for handling intestate
property are outlined, involving communication with relevant authorities and
potential auctions.
Proclamation
for Claiming Property (Section 85):
(1) A proclamation is issued specifying property details,
allowing claimants to establish ownership within a specified period.
(2) Property of low value or subject to decay may be sold
by auction.
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Delivery of
Property (Section 86):
(1) Property claimed by a rightful owner is returned after
deducting incurred expenses.
(2) Security may be taken from the recipient.
(3) If no claim is made within a specified time, the
property goes to the State Government and may be sold by auction.
Provisions Not
Affected (Section 88):
Certain Acts like the Indian
Succession Act or Administrator-General's Act do not apply to intestate
property handled under this Act.
Handling of
Stray Cattle (Sections 89-95):
(1) Police can take charge of stray cattle and send them
to a pound.
(2) Owners can claim impounded cattle by paying fees and
expenses.
(3) Unclaimed cattle may be sold by auction.
(4) Rates for pound-fees and expenses are determined by the
State Government.
(5) Police can inspect and seize false weights and
measures.
(6) Weight and measure standards must correspond with
legal standards.
Procedure in
Certain Cases (Section 96):
(1) Magistrates' powers under specific sections of the
Code of Criminal Procedure may be exercised by the Commissioner in certain
areas.
(2) Detention of accused persons is authorized for up to
fifteen days by the Presidency Magistrate.
(3) Reports from Police Stations are forwarded to the
Commissioner in certain areas.
Superior Police
Officer's Duties (Section 97):
(1) A superior Police Officer can perform duties assigned
to their subordinates.
(2) They can take actions to ensure the law is effectively
enforced.
Emergency
Duties of Police (Section 98):
(1) The State Government can declare a service as
essential to the community.
(2) Police Officers must obey orders related to this
service during the declaration.
(3) Orders related to essential services are considered
lawful.
Written By : Harshavardhan Prakash Deshmukh,
B.A.LL.B. : Modern Law College, Pune
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