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POLICE (INCITEMENT TO DISAFFECTION) ACT, 1922
22 of 1922
5th October, 1922
STATEMENT OF OBJECTS AND REASONS "In view of the attempts that have been made and are being made (a) by means of threats, intimidation and otherwise to induce members of the Police-Force to refrain from doing duly and (b) to spread disaffection among them the Government of India have for some time had under consideration the question of penalising such attempts. Neither the Indian Penal Code nor the Indian Police Act, 1861, contains provisions to meet this evil. A prosecution could doubtless in certain cases be instituted under section 29 of the Indian Police Act, 1861, read with the abetment sections of the Indian Penal Code, but section 29 of the Police Act was designed to meet ordinary breaches of discipline and would not cover many dangerous forms of tampering with the police. Moreover, the maximum punishment permissible under that section viz., three months' rigorous imprisonment is manifestly inadequate for serious offences of this nature. The Government of India are accordingly of opinion that the authorities should be given additional means of dealing with this form of crime, and it is proposed, therefore, to enact the attached Bill, which has been framed on the lines of section 3 of the Police Act of 1919(9 and 10 Geo. V. Ch. 46)." -Gaz.. of Ind., 1922, Part V, p. 62.
An Act to provide a penalty for spreading disaffection among the police and for kindred offences. WHEREAS it is expedient to penalize the spreading of disaffection among the police and other kindred offences: It is hereby enacted as follows :-
SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT
SECTION 02: 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.
SECTION 03: PENALTY FOR CAUSING DISAFFECTION, ETC
Whoever intentionally causes or attempts to cause or does any act which he knows is likely to cause, disaffection towards 6[* * *] the Government established by law in7[India] amongst the members of a police-force, or induces or attempts to induce, or does any act 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, or with tine 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 to cause disaffection.
OBJECTS AND REASONS "We have made some amendments in this clause which are calculated to put it beyond doubt that the clause, in the first place, is only aimed at persons acting with intent to commit the offences constituted by the clause and, in the second place, does not penalise any action taken bona fide to procure in a lawful manner the absence from duty or resignation of a policeman for the purpose of bettering his prospects or otherwise furthering his welfare."-S.C.R.
SECTION 04: SAVING OF ACTS DONE BY POLICE ASSOCIATION AND OTHER PERSONS FOR CERTAIN PURPOSES
(1)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 or 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.
(2) No bail shall be granted by any Court under this section unless prosecution has been afforded reasonable opportunity of being heard in the matter."-M.P. Act 15 of 1981, section 4 (5-5-1981).
SECTION 05: SANCTION TO 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,8[* * *] of the Commissioner of Police. State Amendments State Amendments
SECTION 06: TRIAL OF CASES
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973-, any Metropolitan Magistrate or any Judicial Magistrate of the first class may, if he thinks fit, try in a summary way all or any of the offences under this Act, and the provisions of sections 262 -to265-(both inclusive) of the said Code shall, so far as may apply to such trial: Provided that where any case is tried summarily and the accused is convicted under this Act, no sentence of imprisonment for a term exceeding three months shall be passed by the Magistrate concerned and the provision for awarding punishment of minimum amount of fine under this Act shall not apply".-Maha.Act23of 1983, S.6(w.r.e.f. 18-1-1983).
SCHEDULE 1
(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, 1861.[* *] * * * * 1888 III The Police Act, 1888. 1892 V The Bengal Military Police Act, 1892. ; Madras Acts 1888 III The Madras City Police Act, 1888. Bombay Acts 1890 IV The Bombay District Police Act, 1890. 1902 IV The City of
Bombay Police Act, 1902: Bengal Acts 1866 II The Calcutta Suburban Police Act, 1866. IV The Calcutta Police Act, 1866. 1890 III TheCalcuttaPonAct,1890: 1920 II The Eastern Frontier Rifles (Bengal Battalion) Act, 1920.[ *] * * * * 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.
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