The Maharashtra Police Act, 1951 (Complete Notes) By Dabangg Lawyer
Table Of Contents -
- Historical background, Objects, Scope and Definitions under the Act
- Superintendence, control and organization of the Police Force
- Regulation, Control and Discipline of the Police Force
- Police Regulations
- Special measures for Maintenance of Public Order and Safety of State
- Executive Powers and Duties of the Police
1.
Historical background, Objects, Scope
and Definitions under the Act
1)
Introduction
The Maharashtra Police Act, 1951, is a piece of legislation that governs the functioning and organization of the police force in the Indian state of Maharashtra. This act provides the legal framework for the establishment, powers, duties, and regulations related to the police force in the state. Here are some key aspects of the Maharashtra Police Act, 1951:
2)
Historical Background:
The Maharashtra Police Act, 1951, was enacted to replace the earlier Bombay Police Act, 1951, which applied to the region when it was part of the Bombay Presidency. After India's independence and the reorganization of states in 1956, Maharashtra was carved out as a separate state, and it needed its own set of laws to govern its police force. Hence, the Maharashtra Police Act was passed to provide a comprehensive legal framework for policing within the state.
3)
Objects:
The primary objects of the Maharashtra Police Act, 1951, include:
(1) Maintenance of Law and Order:
To ensure the maintenance of law and order, prevention, and detection of crime within the state of Maharashtra.
(2) Protection of Rights and Liberties:
To protect the rights and liberties of the citizens and provide them with a sense of security and justice.
(3) Efficient Policing:
To establish a well-organized and efficient police force that can effectively discharge its duties and responsibilities.
(4) Regulation of Police Functions:
To provide rules and regulations governing the functioning of the police force, including their powers and responsibilities.
4)
Scope:
The Act covers a wide range of topics related to the police force, including
(1) the organization and structure of the police department,
(2) the appointment and powers of police officers,
(3) the duties and functions of the police force,
(4) the regulation of police behavior,
(5) the rights and privileges of police personnel.
It also addresses issues such as the investigation of crimes, maintenance of public order, and the establishment of police stations and police outposts.
5)
Definitions: ( Sec 2)
The Act defines various terms and concepts essential for its interpretation and implementation. Some common definitions in the Maharashtra Police Act, 1951, may include:
(a) Commissioner of Police: The highest-ranking police officer in a police commissionerate.
(b) District Superintendent of Police: The highest-ranking police officer in a district.
(c) Police Officer: An officer appointed under this act and includes any member of the police force.
(d) Police Station: A place established and maintained by the state government where police officers perform their duties.
(e) Public Place: Any place intended for use by, or accessible to, the public, whether owned by the government or a private entity.
(f) Arrest: The taking into custody of a person under authorized circumstances, leading to their detention.
These are just a few aspects of the Maharashtra Police Act, 1951. The Act goes into great detail regarding the powers, responsibilities, and procedures related to policing within the state, and it has likely seen amendments and updates over the years to adapt to changing circumstances and legal requirements.
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2. Superintendence,
control and organization of the Police Force
Chapter II from sections 3 to 22-A of The Maharashtra
Police Act 1951 deals with Superintendence, control and organization of the Police Force
¯
Provisions
Sec 3. One Police Force for the whole of the State of
Maharashtra. –
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 2]:
Sec 4. Superintendence of Police Force to vest in
the State Government. –
The State Government in Maharashtra has
complete control over the Police Force in the state. The government official from the Home Department, who might be called
Secretary, Home Secretary, Special Secretary, Additional Chief Secretary, or
something similar, oversees and manages the police force.
Sec 5. Constitution of Police Force. -
(1)
The State Government in
Maharashtra can decide how many police officers there should be, how they are
organized into different ranks, and what authority and responsibilities they
have.
(2)
he recruitment,
pay, allowances and all other conditions of service of the Police Force shall
be determined by the State Government by general or special order:
…Nothing in this clause shall
apply to the members of the Indian Police and Indian Police Service.
Sec 6. Inspector-General, Additional and Deputy
Inspector-General. –
(1) The state government appoints a top police officer known as the Director-General and Inspector-General of Police. This officer has specific powers and duties defined by the government.
(2) Additionally, the government can appoint other high-ranking police officers and delegate certain powers and responsibilities to them. These additional officers can also assist and support the Director-General in their duties as directed by the government's orders.
Sec 7. Commissioner. –
The State Government can:
(1) Choose a Police Officer to be the Commissioner of Police for Greater Bombay or other specified areas, as announced officially.
(2) Appoint additional senior officers like Additional Commissioners of Police and Joint Commissioners for these areas.
(3) The Commissioner of Police has specific powers and responsibilities as defined by the law and government orders, which can be general or specific in nature.
Sec 10. Deputies to Commissioner. –
(1) The State Government can appoint one or more Deputy Commissioners of Police in Greater Bombay or in areas where a Commissioner is already appointed.
(2) These Deputy Commissioners of Police work under the orders of the Commissioner and can perform many of the same powers and duties as the Commissioner. However, they cannot exercise certain powers, such as the ability to create, change, or cancel rules under section 33.
Sec 11. Assistant Commissioners within jurisdiction of
Commissioners –
(1) The State Government can appoint Assistant Commissioners of Police for areas where a Commissioner of Police has been appointed under section 7.
(2) These Assistant Commissioners have specific powers and responsibilities that they can perform according to the law or as assigned by the Commissioner, but they cannot exercise certain powers like making, changing, or canceling rules under section 33, which is reserved for the Commissioner.
Sec 12. Constitution of Divisions and Sections. –
The Commissioner of Police, under the control of the State Government, can do the following for the area under their responsibility:
(1) Create police divisions.
(2) Break those divisions into smaller sections.
(3) Define the boundaries and size of these divisions and sections.
Each division will be led by an Assistant Commissioner, and each section will be led by an Inspector of Police
Sec 12A. Inspectors. –
Inspectors
in the police force can be appointed by the Commissioner for their specific
area or by the Director-General and Inspector-General for other areas.These
appointments are made based on the general or special orders given by the State
Government.
Sec 14. Certificate of appointment. –
(1) When a police officer, typically of the rank of Inspector or below, is appointed, they receive a certificate as proof of their appointment.( As Provided In Schedule II ) This certificate is issued under the authority of a designated officer as directed by the State Government.
(2) If the person named in the certificate leaves the police force or is suspended, the certificate becomes invalid or ineffective during that period.
Sec 15. Effect of suspension of Police Officer. –
when a police officer is
suspended from their duties, they lose their powers, functions, and privileges
temporarily. However, they still remain a police officer and are under the
authority and control of the same officials as if they were not suspended.
Sec 16. General Powers of Commissioner and Superintendent –
The Commissioner Is subject to the orders of the Director-General and
Inspector-General and The Superintendent subject to the orders of the Director-General and
Inspector-General and the
District Magistrate,
They
have the authority to oversee and manage various aspects of the police force's
activities. This includes things like handling weapons, training, monitoring
people and events, coordinating duties, understanding laws and procedures, and
managing day-to-day tasks to ensure the police force operates effectively
within their respective areas of responsibility.
Sec 17. Control of District Magistrate over Police Force in district. –
(1) The Superintendent (head of police) and the entire police force in a district are under the authority of the District Magistrate.
(2) The District Magistrate must follow rules and orders set by the State Government for managing the police force, and they must also obey lawful orders from the Revenue Commissioner.
Sec 18. Power of District Magistrate to require reports from Superintendent –
The District Magistrate has
the authority to ask the Superintendent of Police for reports, either specific
or general, on various matters related to crime, repeat offenders, keeping the
peace, controlling gatherings and events, deploying police officers, assessing
the behavior of subordinate police officers, using additional resources, and
any other matters related to maintaining order and controlling the police
force.
Sec 19. Power of supervision by District Magistrates. –
(1) If the District Magistrate notices that a police officer working under the Superintendent is not suitable for their job or is ineffective for that area's needs, the District Magistrate can ask the Superintendent to replace that officer with another. The Superintendent must follow this request.
(2) However, if the officer is of a higher rank than an Inspector, the District Magistrate can report their behavior to the Director-General and Inspector-General. The Director-General and Inspector-General will then decide what action to take and inform the District Magistrate of their decision.
Sec 20. Power
of Director-General
and Inspector-General and
Commissioner to investigate and regulate matters of Police accounts. –
The Director-General and
Inspector-General, statewide, and the Commissioner in their specific area, can
investigate and manage all the matters related to the police. Everyone involved
must cooperate with them, provide necessary assistance, and follow their
instructions as long as they are in line with the State Government's orders.
Sec 21. Special Police Officers. –
(1) The Commissioner, Superintendent, or a specially authorized Magistrate can appoint a capable man between the ages of 18 and 50 as a Special Police Officer. This appointment happens with a written order, the officer's signature, and their seal. It's done when there's a fear of a riot or serious disturbance of peace, and the regular police force isn't enough to protect people and property.
(2) Special Police Officers, once appointed, receive a certificate approved by the State Government. They have the same powers, rights, and responsibilities as regular police officers, along with the same duties and obligations.
Sec 22. Appointment of Additional Police Officers. –
(1) Additional police officers can be employed or sent for a specific period, with determined pay, as decided by the authority specified in the law for this purpose.
(2) When appointed, these additional police officers receive a certificate approved by the State Government. The certificate specifies the powers, rights, and duties they have. They also follow the orders of the Commissioner or Superintendent, depending on the case.
(3) These additional police officers can be requested by anyone needing extra police assistance. The cost of employing them will be collected in the manner explained by this law or any other applicable law.
Sec 22A. Appointment of Railway Police. –
The State Government can create special police districts covering specific railway areas and appoint police officers for them.
These officers handle railway-related policing and other assigned tasks, following the State Government's orders. Some can act like station officers in their areas. They have regular police powers and responsibilities throughout the state, and the Superintendent of Police can delegate some of their powers with State Government approval.
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3.
Regulation, Control and Discipline of the Police Force
Chapter III from sections 23 to 32 of the Maharashtra Police Act 1951 deals with Regulation, Control and Discipline of the Police Force
Section 23: Framing of Rules for Police
Administration
(1)
Regulation of Inspections: Rules can
be made to regulate inspections of the Police Force.
(2)
Equipment and Necessities: Rules
determine the type and quantity of arms, clothing, and other necessities
provided to the police.
(3)
Residence: Rules specify the terms and
conditions for police officers residing in government-provided premises.
(4)
Police Fund: Rules govern the
institution, management, and regulation of Police Funds.
(5)
Distribution and Location: Rules
regulate the distribution, movements, and location of police officers.
(6)
Duties and Powers: Rules assign
duties and prescribe the manner and conditions for exercising powers by police
officers.
(7)
Intelligence Gathering: Rules guide the
collection and communication of intelligence and information.
(8)
Efficiency and Discipline: Rules aim to
ensure the efficiency of the police force and prevent abuse or negligence of
duties.
Section 24: Director-General and
Inspector-General's Authority
(1)
Requesting Information: The
Director-General and Inspector-General can request information and reports
related to crime suppression and order maintenance.
(2)
Communication of Orders: Orders issued
by the Director-General and Inspector-General are communicated to the District
Magistrate and the Revenue Commissioner.
(3)
Commissioner's Authority: The
Commissioner also has similar authority within their jurisdiction.
Section 25: Punishment for Neglect of Duty
(1)
Punishment Options: Penalties that
may be imposed on police officers for neglect of duty, cruelty, negligence, or
misconduct include financial recovery, suspension, rank reduction, removal from
office, compulsory retirement, or dismissal.
(2) Suspension During Inquiry: Suspension pending an inquiry into an officer's conduct is not considered a punishment under this section.
Section 26: Procedure for Awarding Punishment
Punishment
Procedure: This section outlines the
procedure to be followed when awarding punishment to police officers. It
follows the prescribed procedure, except in certain cases as specified.
Section 27: Appeals from Punishment Orders
(1)
Right to Appeal: Police officers have the right
to appeal against orders of punishment.
(2)
No Enhanced Punishment: Appeals cannot
result in enhanced or more severe punishments unless proper notice is given,
and causes for enhancement are considered.
Section 28: Police Officers Always on Duty
(1)
Continuous Duty: Police officers
are considered to be on duty at all times.
(2)
Statewide Deployment: They can be
deployed anywhere in the state as directed by the State Government.
Section 29: Resignation Conditions for Police
Officers
(1)
Resignation Restrictions: Police
officers, except for Constables, can only resign with written permission.
(2)
Debt Settlement: Resignation is contingent on
settling any debts owed to the government or Police Fund.
Section 30: Surrender of Certificate and Equipment
(1)
Handing Over: Departing
police officers must return their certificates, equipment, and other provided
items.
(2)
Seizure: A magistrate or authorized
officer can issue a warrant to seize these items if not returned.
Section 31: Occupying and Vacating Premises
(1)
Occupation Conditions: Police officers
occupying government-provided premises must comply with specified conditions.
(2)
Vacating: They must vacate when required
by the State Government or authorized officers.
Section 32: Section 144 Orders
State
Government's Power: The State Government can
issue orders similar to those under Section 144 of the Code of Criminal
Procedure when necessary.
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4. Police
Regulations
Chapter IV from sections 33 to 46 of the
Maharashtra Police Act 1951 deals with Police Regulations.
(1) Rule-Making Authority:
(a)
Government
officials like the Commissioner, District Magistrate, and Superintendent of
Police have the power to create and modify rules.
(b)
These rules
serve various purposes, such as controlling traffic, issuing licenses for
specific activities, and maintaining public order.
(c)
Importantly, these
rules must align with existing laws.
(d)
Some rules
require prior public notice and publication to ensure transparency.
(e)
Additionally,
these rules cannot permit activities like the sale, manufacture, or
transportation of alcohol or intoxicating drugs without the necessary legal
permits.
(2) Dance Performances:
(a)
Certain venues
like restaurants, permit rooms, and bars are prohibited from hosting dance
performances.
(b)
Any existing
licenses for dance performances in these places are invalidated.
(c)
Violating this
prohibition can lead to penalties, including imprisonment and fines.
(d)
However, there
is an option for individuals or establishments to appeal these penalties and
seek reconsideration.
(3) Exemptions from Dance Ban:
Some types of
venues, including theaters, cinemas, auditoriums, and sports clubs, are exempt
from the ban on dance performances. This means they can continue to host dance
shows, even if there is a general prohibition in other places.
(4) Street Barriers:
The Commissioner
and Superintendent of Police have the authority to set up temporary street
barriers to conduct vehicle checks. The purpose of these barriers is to ensure
that vehicles and drivers comply with the law, promoting safety and security on
the roads.
(5) Dead Body Disposal Rules:
Competent
authorities have the responsibility to establish rules for the respectful
disposal of deceased individuals. These rules consider local customs and
practices to ensure that the disposal methods are culturally sensitive.
(6) Public Behavior Orders:
Authorities can
issue orders to regulate public behavior during gatherings, processions, and
other public events. These orders are intended to maintain order and prevent
disturbances in public spaces.
(7) Prohibited Acts:
Authorities have
the right to prohibit certain activities, such as carrying weapons, possessing
corrosive substances or explosives, and creating disturbances. Violating these
prohibitions can result in the confiscation of prohibited items.
(8) Noise Control:
The Commissioner
or Superintendent of Police can issue orders to prevent excessive noise, music,
or disturbances caused by loudspeakers or musical instruments. They also have
the authority to modify or revoke these orders if necessary.
(9) Riot Prevention:
In situations
where there is a risk of riots or disturbances, authorities can temporarily
close or take control of buildings or places to prevent such events. Compensation
may be provided to lawful occupiers if they experience substantial losses due
to these preventive measures.
(10) Order at Religious Events:
Authorities can
issue orders to guide the conduct of participants in religious or ceremonial
events to prevent disruptions and maintain order. These orders must be
reasonable and respect legal rights and established practices. They can also be
subject to court decisions and must be publicly announced.
(11) Police Powers at Public
Places:
Senior Police
Officers have the authority to issue directions at public places, amusements,
or public meetings to prevent disorder or danger. The public is required to
obey these directions, and police have free access to these places to enforce
them.
(12) Miscellaneous:
In addition to
the above points, there are also rules and measures in place to address various
other situations, such as dealing with stray dogs, managing sick or unfit
animals, and preventing epidemics at large gatherings.
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5. Special measures for Maintenance of Public Order and Safety of State
Chapter V of the document
outlines special measures for maintaining public order and the safety of the
state.
Section 47 - Employment
of Additional Police:
(1)
Allows the Commissioner
or Superintendent to assign more police officers on request.
(2)
The person requesting
must cover the cost.
(3)
Police are under the
authority of the police department.
(4)
The person can request
their withdrawal after a month.
Section 48 - Employment
of Additional Police at Large Works and for Employee Behavior:
(1)
Police can be assigned
to places with large gatherings or where employee behavior is concerning.
(2)
The cost is the
responsibility of the entity running the place.
(3)
Costs are determined by
the government.
Section 49 - Recovery
of Costs of Additional Police:
(1)
Disputes about costs
are resolved by the Chief Presidency Magistrate or District Magistrate.
(2)
The Collector can
recover the amount like land revenue if necessary.
Section 50 - Employment
of Additional Police in Cases of Special Danger:
(1)
Allows the State
Government to assign extra police if an area is disturbed or dangerous.
(2)
Costs are recovered as
taxes imposed on residents or specific groups.
(3)
Municipalities may
collect this tax with a small additional fee.
(4)
The State Government
can extend the assignment period if needed.
Section 51 -
Compensation for Injury by Unlawful Assembly:
(1)
Covers compensation for
property damage, death, or grievous harm by an unlawful assembly.
(2)
The District Magistrate
specifies the affected area and date.
(3)
Compensation amounts
are taxed and collected from residents or specific groups.
(4)
Municipalities may
collect this tax with a small additional fee.
(5)
The District Magistrate
can exempt some individuals from paying.
(6)
The State Government
can review and modify orders.
(7)
No civil lawsuits for
compensated losses.
Section 52 - District
Magistrate to Award Compensation:
(1)
The District Magistrate
decides who gets compensation.
(2)
Claims must be made
within 45 days and individuals should be blameless in the incident.
(3)
Compensation cannot be
assigned or seized and is not subject to setoff.
(4)
Orders can be revised
by the State Government.
Section 53 - District
Magistrate's Role Under State Government Orders:
The District Magistrate acts
based on State Government orders.
Section 54 -
Proportionate Recovery of Costs and Compensation:
(1)
Explains how landlords
can recover a portion of costs from tenants.
(2)
The amount is
proportional to the rent.
(3)
Recovery can't be done
in Greater Bombay during the application of the Bombay Rents, Hotel and Lodging
House Rates Control Act, 1947.
Sections 55 and 56:
Dispersal and Removal
(1)
Section 55 allows
authorities to disperse groups or gangs causing danger or alarm in their area.
(2)
Section 56 permits the
removal of individuals causing alarm, engaged in criminal activities, or
involved in offenses against public order.
Section 57: Removal of
Convicted Persons
Section 57 enables the removal of
individuals convicted of specific offenses, if they are likely to reoffend.
Section 57A: Removal of
Beggars
Section 57A authorizes the
removal of individuals declared as beggars in areas where the relevant act is
enforced.
Sections 58 and 59:
Duration and Due Process
(1)
Section 58 specifies
the maximum duration for removal orders (up to two years).
(2)
Section 59 outlines the
due process before issuing removal orders, including providing the person a
chance to explain their situation.
Sections 60 to 63:
Enforcement and Appeals
Sections 60 and 62 detail the
enforcement measures if individuals do not comply with removal orders.
(1)
Section 61 establishes
the finality of orders, except on specific grounds.
(2)
Section 63 allows for
temporary permissions for re-entry.
Section 63A: Control of
Assemblies and Uniforms
Section 63A permits the
prohibition or restriction of meetings, drills, and the wearing of specific
uniforms for public order and security reasons.
Section 63B: Village
Defense Parties
(1)
Section 63B authorizes
the formation of voluntary Village Defense Parties for protecting villages.
(2)
Members are chosen
based on suitability and age criteria.
(3)
Officers oversee these
parties at different levels.
(4)
Members and officers
receive training and have specific powers while on duty.
(5)
They are not
disqualified from political roles based on their membership or service in these
parties.
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6. 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.
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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