The POLICE ACT, 1983 (1927 A.D.)

POLICE ACT, 1983 (1927 A.D.)
(Act No. II of Samvat 1983)
THE POLICE ACT, 1983 (1927 A.D.)
(Act No. II of Samvat 1983)
CONTENTS
Preamble.
SECTION.
1. Short title.
2. Commencement.
3. Repeal.
4. Interpretation clause.
5. Constitution of the force.
6. Superintendence in the Government.
7. Inspector General of Police, etc.
8. Appointment, dismissal, etc., of inferior officers.
9. Certificate to police officers.
10. Police officer not to resign without leave or two months notice.
11. Police officers not to engage in other employment.
12. Power of Inspector General to make rules.
13. Additional Police officer employed at cost of individuals.
14. Appointment of additional force in the neighbourhood of railway and other
works.
15. Quartering of additional police in disturbed or dangerous districts.
16. Awarding compensation to sufferers from misconduct of inhabitants or per-
sons interested in land.
17. Recovery of moneys payable under sections 13,14,15 and 16 and disposal
of same when recovered.
16 POLICE ACT, 1983 (1927 A. D.)
SECTION.
18. Special Police officers.
19. Powers of Special Police officers.
20. Refusal to serve as Special Police officers.
21. Authority to be exercised by Police officers.
22. Village Police officers.
23. Police officers always on duty and may be employed in any part of district.
24. Duties of Police officers.
25. Police officers may lay information, etc.
26. Police officers to take charge of unclaimed property, and be subject to Magistrate’s
orders as to disposal.
27. Magistrate may detain property and issue proclamation.
28. Confiscation of property if no claimant appears.
29. Persons refusing to deliver up certificate etc., on ceasing to be Police of-
ficer.
30. Penalties for neglect of duty, etc.
31. Regulation of public assemblies and processions, and licensing of same.
32. Power with regard to assemblies, processions violating conditions of licence.
33. Police to keep order in public roads, etc.
34. Penalty for disobeying orders issued under last three sections, etc.
35. Saving of control of District Magistrate.
36. Punishment for certain offences on roads, etc., Powers of Police officers.
37. Omitted.
38. Power to prosecute under other law not effected.
39. Rewards to police and informers.
POLICE ACT, 1983 (1927 A. D.) 17
40. Plea that act was done under warrant.
41. Police officers to keep diary.
42. The Government may prescribe form of returns.
43. Scope of the Act.
44. Authority of Superintendent of police over village police.
FORM
SECTION.
POLICE ACT, 1983 (1927 A. D.) 19
THE POLICE ACT, 1983 (1927 A.D.)
(Act No. II of Samvat 1983)
[Sanctioned by Highness the Maharaja Bahadur in Council, vide State
Council Resolution No.CXII, dated 29th January, 1927 and published in
Government Gazette dated 22nd Chet, 1983.]
Whereas it is expedient to re-organize the police and to make it a more
efficient instrument for the prevention and detection of crime ; It is hereby
enacted as follows: —
1. Short title.–– This Act may be called the Police Act, 1983.
1
2. Commencement.–– This Act shall come into force on and from the
date of its third publication in the Jammu and Kashmir *[Government Gazette].
3. Repeal.–– The police Act No. I of 1905 is hereby repealed.
4. 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,––
the words “District Magistrate” shall mean the chief officer charged with
the executive administration of a district and 
2
[exercising the powers of an
Executive 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 powers of a Magistrate ;
the word “police” shall include all persons who shall be enrolled under
this Act ;
the word “general police district” shall embrace the local area within the3
[Union territory of Jammu and Kashmir], in which this Act shall be ordered to
take effect ;
the words “Superintendent” and “Superintendent of police” shall include
any Assistant Superintendent or other person appointed by general or special
order of 
4
[the Government] to perform all or any of the duties of a Superintendent
1. The Act came into force from 6th Baisakh, 1984, the date of its third publication.
* Now Official Gazette.
2. Substituted by Act XL of Svt. 1996.
3. Substituted by S.O. 1229(E) dated 31.03.2020 for “State”.
4. In sections 4, 5, 6, 7, 8, 12, 13, 15, 16, 17, 26, 36, 42, 43 and 44 the words “the Government”
substituted for the words “His Highness the Maharaja Bhadur in Council” by Act X of Svt.1996.
20 POLICE ACT, 1983 (1927 A. D.)
of Police under this Act in any district or part of a district ;
the word “property” shall include any movable property, money or
valuable security ;
words importing the singular number shall include the plural number and
words importing the plural number shall include the singular number ;
words importing the masculine gender shall include females ;
the word “person” shall include a company or corporation ;
the word *“month” shall mean a *Hindi calendar month ;
the word “cattle” shall, besides horned cattle, include elephants, camels,
horses, asses, mules, sheep, goats and swine.
5. Constitution of the force.–– The entire police establishment under the
general police district, shall, for the purposes of this Act, be and deemed to be
one police force, and shall be formally enrolled ; and shall consist of such
number of officers and men, and shall be constituted in such manner, and the
members of such force shall receive such pay, as shall from time to time be
ordered by 
1
[the Government].
6. Superintendence in the Government.–– No person, Court or officer
shall have authority to appoint, supersede, or control any police functionary
except as authorised by this Act :
Provided that, nothing herein contained shall be deemed to affect in any
way the powers of superintendence and control vested in 
1
[the Government].
7. Inspector General of Police, etc. ––(1) The administration of the police
throughout the general police district shall be vested in 
2
[an officer to be styled
the Inspector General of Police and in such Deputy Inspectors General and
Assistant Inspectors General as the Government may specify in this behalf].
The administration of the police throughout the local jurisdiction of
the District Magistrate shall, under the general control and direction of such
Magistrate, be vested in a Superintendent and such Assistant and Deputy
superintendents, as 
3
[the Government] shall consider necessary.
1. See foot note under section 4.
2. Substituted by Act XIV of 1960.
3. In section 7 “the Government” substituted for the words “Member-in-charge of the Police
Department” by Act X of Svt. 1996.
* Under General Clauses Act, month is reckoned according to Georgeon calander.
POLICE ACT, 1983 (1927 A. D.) 21
The Inspector General and the Superintendents of police shall from time to
time be appointed by the Government and may be removed by the same authority.
The Assistant Superintendents and Deputy Superintendents shall from
time to time be appointed by 
1
[the Government] and may be removed by the
same authority.
2
[(2) The Government may from time to time appoint one or more officers to
be designated as Deputy Inspectors General of Police 
3
[or Assistant Inspectors
General of Police for the discharge of such functions under this Act as may be
assigned to them by the Inspector General of Police].
4
[8. Appointment, dismissal, etc., of inferior officers.–– Subject to the
provisions of section 126 of the Constitution of Jammu and Kashmir and to
such rules as the Government may from time to time make under this Act, the
Inspector General, Deputy Inspectors General, Assistant Inspectors General
and Superintendents of Police may at any time dismiss, suspend or reduce any
police officers of subordinate rank whom they may think remiss or negligent in
the discharge of his duty or unfit for the same ; or may award any one or more
of the following punishments to any Police Officer of the subordinate rank
who is found to have discharged his duty in a careless or negligent manner or
who by any act of his own renders himself unfit for the discharge thereof,
namely :––
(a) fine to any amount not exceeding one month’s pay ;
(b) confinement to quarters for a term not exceeding fifteen days, with
or without punishment, drill, extra guard, fatigue or other duty ;
(c) deprivation of good conduct pay ; and
(d) removal from any office of distinction or special emolument].
9. Certificate to police officers.–– 
5
[Every Police officer appointed to the
Police Force other than an officer mentioned in section 7 shall receive on his
appointment] a certificate in the form annexed to this Act, under the seal of the
Inspector General of Police or such other officer as the Inspector General shall
appoint, by virtue of which the person holding such certificate shall be vested
with the powers, functions and privileges of a Police Officer.
1. In section 7 “the Government” substituted for the words “Member-in-charge of the Police
Department” by Act X of Svt. 1996.
2. Existing section 7 numbered as sub-section (1) and sub-section (2) added Act XLII of Svt. 2011.
3. Inserted by Act XV of 1958.
4. Section 8 substituted by Act XIV of 1960.
5. Substituted ibid.
22 POLICE ACT, 1983 (1927 A. D.)
Such certificate shall cease to have effect whenever the person named in
it ceases for any reason to be a Police Officer, and, on his ceasing to be such an
officer, shall be forthwith surrendered by him to any officer empowered to
receive the same.
A Police officer shall not by reason of being suspended from office cease
to be a Police officer. During the term of such suspension the powers, functions
and privileges vested in him as a Police Officer shall be in abeyance, but he shall
continue subject to the same responsibilities, discipline and penalties and to the
same authorities, as if he had not been suspended.
1
[10. Police officer not to resign without leave or two months’ notice.––
No Police Officer shall be at liberty to withdraw himself from the duties of his
office, unless expressly allowed to do so by the Superintendent or by some
other officer authorised to grant such permission or without the leave of the
Superintendent, to resign his office, unless he shall have given to his superior
officer notice in writing, for a period of not less than two months, of his intention
to resign.
11. Police officers not to engage in other employment.–– No police
Officer shall engage in any employment or office whatever other than his
duties under this Act, less expressly permitted to do so in writing by the
Inspector General.
12. Power of Inspector General to make rules.–– The Inspector General
of Police may, from time to time, subject to the approval of 
2
[the Government],
frame such orders and rules as it shall deem expedient relative to the organisation,
classification and distribution of the Police force, the places at which the
members of the force shall reside, and the particular services to be performed
by them ; their inspection, the description of arms, accoutrements and other
necessaries to be furnished to them ; the collecting and communicating by
them of intelligence and information ; and all such other orders and rules
relative to the Police Force as the Inspector General shall, from time to time,
deem expedient for preventing abuse or neglect of duty, and for rendering
such force efficient in the discharge of its duties.
13. Additional Police officer employed at cost of individuals.–– It shall
be lawful for the Inspector General of Police 
3
[or any Deputy Inspector General]
or for the Superintendents, subject to the general direction of the District
Magistrate, on the application of any person showing the necessity thereof, to
depute any additional number of Police Officers to keep the peace at any place
within the general police district, and for such time as shall be deemed proper.
1. See also Ordinance III of Samvat 2000.
2. See footnote under section 4.
3. Inserted by Act XIV of 1960.
POLICE ACT, 1983 (1927 A. D.) 23
Such force shall be exclusively under the orders of the Superintendent, and
shall be at the charge of the person making the application :
Provided that, it shall be lawful for the person on whose application such
deputation shall have been made, on giving one month’s notice in writing to the
Inspector General 
1
[or any Deputy Inspector General] or to the Superintendent,
to require that the Police Officers so deputed shall be withdrawn ; and such
person shall be relieved from the charge of such additional force from the
expiration of such notice.
14. Appointment of additional force in the neighbourhood of railway
and other works.–– Whenever any railway, canal or other public work, or any
manufactory or commercial concern shall be carried on, or be in operation in
any part of the country, and it shall appear to the Inspector General that the
employment of an additional police force in such place is rendered necessary
by the behaviour or reasonable apprehension of the behaviour of the persons
employed upon such work, manufactory or concern, it shall be lawful for the
Inspector General, with the sanction of 
2
[the Government] to depute such
additional force to such place and employ the same so long as such necessity
shall continue, and to make orders, from time to time , upon the person having
the control or custody of the funds used in carrying on such work, manufactory
or concern, for the payment of extra force so rendered necessary and such
person shall thereupon cause payment to be made accordingly.
15. Quartering of additional police in disturbed or dangerous districts. ––
(1) It shall be lawful for 
2
[the Government], by proclamation to be notified in the
Jammu and Kashmir Gazette, and in such other manner as 2[the Government] shall
direct, to declare that any area within the 
3
[Union territory of Jammu and Kash-
mir] has been found to be in a disturbed or dangerous state, or that, from the
conduct of the inhabitants of such area or of any class or section of them, it is
expedient to increase the number of police.
(2) It shall thereupon be lawful for the Inspector General of Police, or
other officer authorised by 
2
[the Government] in this behalf, to employ any
police force in addition to the ordinary fixed compement to be quartered in the
area specified in such proclamation as aforesaid.
(3) Subject to the provisions of sub section (5) of this section, the cost of
such additional police force shall be borne by the inhabitants of such area
described in the proclamation.
1. Inserted by Act XIV of 1960.
2. See footnote under section 4.
3. Substituted by S.O. 1229(E) dated 31.03.2020 for “State”.
24 POLICE ACT, 1983 (1927 A. D.)
1. See foot note under section 4.
(4) The District Magistrate, after such enquiry as he may deem necessary,
shall apportion such cost among the inhabitants who are, as aforesaid, liable to
bear the same and who shall not have been exempted under the next succeeding
sub-section. Such apportionment shall be made according to the Magistrate’s
judgement of the respective means within such area of such inhabitants.
(5) It shall be lawful for the Government by order to exempt any persons or
class or section of such inhabitants from liability to bear any portion of such cost.
(6) Every proclamation issued under sub-section (1) of this section shall
state the period for which it is to remain in force, but it may be withdrawn at
any time or continued from time to time for a further period or periods as 
1
[the
Government] may in each case think fit to direct.
Explanation.––For the purposes of this section, ‘inhabitants’ shall include
person who themselves or by their agents or servants occupy
or hold land or other immovable property within such area, and
landlords who themselves or by their agents or servants collect
rent, direct from ryots or occupiers in such area, notwithstanding
that they do not actually reside therein.
16. Awarding compensation to sufferers from misconduct of inhabitants or
persons interested in land. ––(1) If any area in regard to which any proclamation
notified under the last preceding section is in force, death or grevious hurt or loss
of, or damage to, property has been caused by or has ensured from the misconduct
of the inhabitants of such area or any class or section of them, it shall be lawful for
any person, being an inhabitant of such area, who claims to have suffered injury
from such misconduct to make, within one month from the date of injury or
such shorter period as may be prescribed, an application for compensation to the
District Magistrate or to the Sub-Divisional Magistrate within the local limits of
whose jurisdiction such area is situated.
(2) It shall thereupon be lawful for the District Magistrate with the sanction
of 
1
[the 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
POLICE ACT, 1983 (1927 A. D.) 25
(c) assess the proportion in which the same shall be paid by the inhabitant
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 or 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 persons 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 
1
[the Government], by order, to exempt any person
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 Dis-
trict Magistrate under sub-section (2) shall be subject to revision by 1[the
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.
Explanation.––In this section the word “inhabitants” shall have the same
meaning as in the last preceding section.
17. Recovery of moneys payable under sections 13,14,15 and 16 and
disposal of same when recovered. ––(1) All moneys payable under sections
13,14,15 and 16 shall be recoverable by the District Magistrate in the manner
provided by sections 386 and 387 of the 
2
[Code of Criminal Procedure, 1973 (2
of 1974)] for the recovery of fines, or by suit in any competent Court.
(2) All moneys paid or recovered under sections 13,14 and 15 shall be
credited to a fund to be called “The General Police Fund” and shall be applied
to the maintenance of the Police force under such orders as 
1
[the Government]
shall pass.
(3) All moneys paid or recovered under section 16 shall be paid by the
District Magistrate to the persons to whom and in the proportions in which the
same are payable under that section.
18. Special Police officers.–– When it shall appear that nay unlawful
assembly, or riot or disturbance of the peace has taken place, or may be
reasonably apprehended, and that the Police force ordinarily employed for
1. See foot note under section 4.
2. Substituted by S.O. 1229(E) dated 31.03.2020.
26 POLICE ACT, 1983 (1927 A. D.)
1. Substituted by Act XL of 1966.
preserving the peace is not sufficient for its preservation and for the protection
of the inhabitants and the security of property in the place where such unlawful
assembly or riot or disturbance of the peace has occurred, or is apprehended,
it shall be lawful for any Police officer not below the rank of Inspector to apply
to the nearest Magistrate to appoint so many of the residents of the
neighbourhood as such Police officer may require to act as Special Police
officers for such time and within such limits as he shall deem necessary ; and
the Magistrate to whom such application is made shall unless he see cause to
the contrary comply with the application.
19. Powers of Special Police Officers.–– Every special Police Officer so
appointed shall have the same powers, privileges and protection, and shall be
liable to perform the same duties and shall be amenable to the same penalties,
and be subordinate to the same authorities as the ordinary officers of Police.
20. Refusal to serve as Special Police Officers.–– If any person being
appointed a Special Police Officer as aforesaid shall, without sufficient excuse,
neglect or refuse to serve as such, or to obey such lawful order or direction as
may be given to him for the performance of his duties, he shall be liable, upon
conviction before a 
1
[Judicial Magistrate] to a fine not exceeding fifty rupees for
every such neglect, refusal or disobedience.
21. Authority to be exercised by Police officers.–– Police officers enrolled
under this Act shall not exercise any authority, except the authority provided for
a Police officer under this Act and any Act or law for the time being in force, for
regulating criminal procedure.
22. Village Police Officers.–– Nothing in this Act shall affect any hereditary
or other Village Police officer, unless such officer shall be enrolled as a Police
Officer under this Act. When so enrolled such officer shall be bound by the
provisions of the last proceeding section. No hereditary or other Village Police
officer shall be enrolled without his consent and the consent of those who have
the right of nomination.
23. Police officers always on duty and may be employed in any part of
district.–– Every Police officer shall, for all purposes in this Act contained, be
considered to be always on duty, and may at any time be employed as  a Police
officer in any part of the general police district.
24. Duties of Police officers.–– It shall be the duty of every police officer
promptly to obey and execute all orders and warrants lawfully issued to him by
any competent authority, to collect and communicate intelligence affecting the
public peace ; to prevent the commission of offences and public nuisances ; to
POLICE ACT, 1983 (1927 A. D.) 27
detect and bring offenders to justice and to apprehended all persons whom he is
legally authorised to apprehend, and for whose apprehension sufficient ground
exists ; and it shall be lawful for every Police office, for any of the purposes
mentioned in this section, without a warrant, to enter and inspect any drinking
shop, gaming house or other place of resort of loose and disorderly characters.
25. Police officers may lay information, etc.–– It shall be lawful for any
Police officer to lay any information before a Magistrate, and to apply for a
summons, warrant, search-warrant or such other legal process as may by law
issue against any person committing an offence.
26. Police officers to take charge of unclaimed property, and be subject to
Magistrate’s orders as to disposal. ––(1) It shall be the duty of every Police
officer to take charge of all unclaimed or ownerless property, and to prepare and
furnish an inventory thereof to the District Magistrate or the Sub-Divisional
Magistrate or 1[other Executive Magistrate] of the 1st class having jurisdiction,
empowered by 2[the Government] in this behalf.
(2) Such inventory shall, if possible, be prepared when the Police officer
takes charge of such property in the presence of two respectable persons of
the locality.
27. Magistrate may detain property and issue proclamation. ––(1) Such
Magistrate may detain the property and issue a proclamation, specifying the
articles of which it consists, and requiring any person who has any claim
thereto to appear and establish his right to the same within six months from the
date of such proclamation.
(2) The provisions of section 525 of the 
3
[Code of Criminal Procedure,
1973 (2 of 1974)], shall be applicable to property referred to in this section.
(3) If within the period limited in such proclamation any claim is preferred
to such property or proceeds thereof, such Magistrate may make such order as
he thinks fit respecting the disposal of such property or proceeds or the delivery
of such property or proceeds to the person, entitled to the possession thereof.
28. Confiscation of property if no claimant appears.–– If no person shall,
within the period allowed, claim such property, or the proceeds thereof, if sold, it
may, if not already sold under sub-section (2) of the preceding section, be sold
under the orders of such Magistrate.
1. Substituted by Act XL of 1966.
2. See foot note under section 4.
3. Substituted by S.O. 1229(E) dated 31.03.2020
28 POLICE ACT, 1983 (1927 A. D.)
1. Substituted by Act XL of 1966.
2. See also Ordinance III of Samvat 2000.
(2) The sale proceeds of property sold under the preeeding sub-section
and the proceeds of property sold under section 27 to which no claim has been
established shall be kept in deposit in the State Treasury for a period of two
years. If within the above-mentioned period of two years, a suit is brought
claiming such property or the sale proceeds thereof, the order of the Civil Court
competent to entertain and determine such suit regarding the disposal of such
property or proceeds thereof shall be complied with. If no such suit is brought
the deposit shall lapse to and remain at the disposal of the Government.
29. Persons refusing to deliver up certificate etc., on ceasing to be Police
officer.–– Every person having ceased to be an enrolled Police officer under
this Act, who shall not forthwith deliver up his certificate, and the clothing,
accoutrements, appointments and other necessaries which shall have been
supplied to him for the execution of his duty, shall be liable, on conviction
before a 1[Judicial Magistrate,] to a penalty not exceeding two hundred rupees,
or to imprisonment for a period not exceeding six months, or to both.
230. Penalties for neglect of duty, etc.–– Every Police officer who shall be
guilty of any violation of duty or wilful breach or neglect of any rule or regula-
tion or lawful order made by competent authority, or who shall withdraw from
the duties of his office without permission, or without having given previous
notice for the period of two months, or who, being absent on leave, shall fail,
without reasonable cause, to report himself for duty on the expiration of such
leave, or who shall engage without authority in any employment other than his
police duty, shall be guilty of cowardice, or shall offer any unwarrantable
personal violence to any person in his custody, shall be liable, on conviction
before a 1[Judicial Magistrate], to a penalty not exceeding three months’ pay,
or to imprisonment for a period not exceeding three months, or to both.
31. Regulation of public assemblies and processions, and licensing of
same. ––(1) The Superintendent or Assistant Superintendent of Police may, as
occasion requires, direct the conduct of all assemblies and processions on the
public roads, or in the public streets or thoroughfares, and prescribe the routes
by which, and the times at which, such processions may pass.
(2) He may also, on being satisfied that it is intended by any person or
class of person to convene or collect an assembly in any such road, street or
thoroughfare, or to form a procession which would, in the judgement of the
District Magistrate or of the Sub-Divisional Magistrate, if uncontrolled, be
likely to cause a breach of the peace, require by general or special notice that
the persons convening or collecting such assembly or directing or promoting
such procession shall apply for a licence.
POLICE ACT, 1983 (1927 A. D.) 29
(3) On such application being made, he may issue a licence specifying
the names of the licensees and defining the conditions on which alone such
assembly or such procession is to be permitted to take place and otherwise
giving effect to this section ; provided that, no fee shall be charged on the
application for, or grant of, any such licence.
(4) Music in the streets.–– He may also regulate the extent to which
music may be used in the streets on the occasion of festivals and ceremonies.
32. Power with regard to assemblies, processions violating conditions
of licence. ––(1) 1[Any Executive Magistrate] or Superintendent of Police or
Assistant Superintendent of Police or Deputy Superintendent of Police or
Inspector of Police or any Police officer in charge of a station may stop any
procession which violates the conditions of a licence granted under the last
forgoing section, and may order it or any assembly which violates any such
conditions as foresaid to disperse.
(2) Any procession or assembly which neglects or refuses to obey any
order given under the last preceding sub-section shall be deemed to be an
unlawful assembly.
33. Police to 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, thorough-
fares, ghats and landing places, and at all other places of public resort, and to
prevent obstructions on the occasions of assemblies and procession 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.
34. Penalty for disobeying orders issued under last three sections, etc.––
Every person opposing or not obeying the orders issued under the last three
preceding sections, or violating the conditions of any licence granted by the
Superintendent or Assistant Superintendent of Police for the use of music, or
for the conduct of assemblies and processions, shall be liable, on conviction
before a 1[Judicial Magistrate] to a fine not exceeding 2[two hundred rupees].
35. Saving of control of District Magistrate.–– Nothing 1[in sections 31,
32 and 33] shall be deemed to interfere with the general control of the District
Magistrate over the matters referred to therein.
36. Punishment for certain offences on roads, etc., Powers of Police
officers.–– Any person who, on any road or in any open place or street or thorough-
1. Substituted by Act XL of 1966.
2. Substituted by Act XIV of 1960.
30 POLICE ACT, 1983 (1927 A. D.)
1. See footnote under section 4.
2. Substituted by Act XL of 1966.
3. Substituted by Act XIV of 1960.
4. Section 37 omitted by Act XIV of 1960.
fare within the limits of any town to which this section shall be specially extended
by 1[the Government], commits any of the following offences, to the obstruction,
inconvenience, annoyance, risk, danger or damage of the residents or passen-
gers shall, on conviction before a 2[Judicial Magistrate,] be liable to a fine not
exceeding 3[two hundred rupees], or to imprisonment not exceeding 8 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 :––
First.–– Slaughtering cattle, furrious riding, etc.––Any person who
slaughters any cattle or cleans any carcass ; any person who rides or drives
any cattle or vehicle recklessly or furiously, or trains or breaks any horse or
other cattle ;
Second.–– Cruelty to animals.–– Any person who wantonly or cruelly
beats, abuses or tortures any animal ;
Third.–– Obstructing passengers.–– Any person who keeps any cattle or
conveyance of any kind standing longer than is required for loading or unload-
ing 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 ;
Fourth.–– Exposing goods for sale.–– Any person who exposes any
goods for sale ;
Fifth.–– Throwing dirt into streets.–– 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 causes any offensive matter
to run from any house, factory, dung-heep or the like ;
Sixth.–– Being found drunk or riotous.–– Any person who is found
drunk or riotous or who is incapable of taking care of himself ;
Seventh.–– Indecent exposure of person.–– Any person who wilfully
and indecently exposes his person, or any offensive deformity or disease, or
commits nuisance by easing himself, or by bathing or washing in any tank or
reservoir not being a place set apart for that purpose ;
Eighth.–– Neglect to protect dangerous places.–– Any person who
neglects to fence in or duly to protect any well, tank or other dangerous
place or structure.
437. Omitted.
POLICE ACT, 1983 (1927 A. D.) 31
38. Power to prosecute under other law not effected.–– Nothing
contained in this Act shall be construed to prevent any person from being
prosecuted under any other Act or law for any offence made punishable by
this Act, or from being liable under any other Act or law or any other or higher
penalty or punishment than is provided for such offence by this Act :
Provided that no person shall be punished twice for the same offence.
39. Rewards to police and informers.–– Rewards payable by law to
informers shall, when the information is laid by a police officer, be paid to
the credit of the 
1
[Union territory of Jammu and Kashmir] under the Head
“Police”, but rewards payable by law for arrests shall, when the arrest is
made by a Police officer, be paid to such officer.
40. Plea that act was done under warrant.–– When any action of pros-
ecution shall be brought or any proceedings held against any Police officer for
any act done by him in such capacity, it shall be lawful for him to plead that such
act was done by him under the authority of warrant issued by a Magistrate.
Such plea shall be proved by the production of a warrant directing the act,
and purporting to be signed by such Magistrate and the defendant shall there-
upon be entitled to a decree in his favour, notwithstanding any defect of juris-
diction in such Magistrate. No proof of the signature of such Magistrate shall be
necessary, unless the Court shall see reason to doubt its being genuine :
Provided always that any remedy which the party may have against the
authority issuing such warrant shall not be affected by anything contained in
this section.
41. Police officers to keep diary.–– It shall be the duty of every officer-
in-charge of a police station to keep a general diary in such form as shall, from
time to time, be prescribed by the Government and to record therein all com-
plaints and charges preferred, the names of all persons arrested, the names of
the complainants, the offences charged against them, the weapons or property
that shall have been taken from their possession or otherwise, and the names
of witnesses who shall have been examined.
The District Magistrate shall be at liberty to call for and inspect such diary.
42. The Government may prescribe form of return.–– 2[The Government]
may direct the submission of such returns by the Inspector General and other
Police officers as may be deemed advisable and may prescribe the form in
which such returns shall be made.
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “State”
2. See footnote under section 4.
32 POLICE ACT, 1983 (1927 A. D.)
1. See foot note under section 4.
43. Scope of the Act. ––(1) This Act shall not by its own operation take
effect in any province or place. But 1[the Government] by an order to be pub-
lished in the Jammu and Kashmir Gazette may extend the whole or any part of this
Act to any province or place, and the whole or such portion of this Act as shall
be specified in such order shall thereupon take effect in such province or place.
(2) When the whole or any part of this Act shall have been so extended,
1[the Government] may, from time to time, by notification in the Jammu and
Kashmir Government Gazette, make rules consistent with this Act,––
(a) to regulate the procedure to be followed by the Magistrate and
Police officers in the discharge of any duty imposed upon them by
or under this Act ;
(b) to prescribe the time, manner and conditions within and under which
claims for compensation under section 16 are to be made, the par-
ticulars to be stated in such claims, the manner in which the same
are to be verified, and the procedings (including local enquiries if
necessary) which are to be taken consequent thereon ; and
(c) generally, for giving effect to the provisions of this Act.
(3) All rules made under this Act may from time to time be amended,
added to or cancelled by 1[the Government].
44. Authority of Superintendent of Police over Village Police.–– It shall
be lawful for 1[the Government] in carrying this Act into effect in any part of
the State to declare that any authority which now is or may be exercised by the
District Magistrate over any village watchman or other Village Police officer
for the purposes of police, shall be exercised, subject to the general control of
the District Magistrate, by the Superintendent of Police.
–––––––
FORM
[See Section (9)]
A.B. has been appointed a member of the Police force under Act II of
1983 and is vested with the powers, functions and privileges of a Police officer.
–––––––

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