The KARNATAKA POLICE ACT, 1963.
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THE KARNATAKA POLICE ACT, 1963.
ARRANGEMENT OF SECTIONS
Statement of Object and Reasons
Sections :
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
SUPERINTENDENCE, CONTROL AND ORGANISATION OF THE POLICE FORCE
3. One Police Force for the whole State.
4. Superintendence of Police Force to vest in the Government.
5. Constitution of Police Force.
6. Director General and Inspector General of Police
7. Commissioner.
8. Appointment of Superintendents, Additional, Assistant and Deputy Superintendents.
9. Appointment of Superintendents for wireless system and motor transport system or for
any special duty.
10. Principal, Police Training School or college.
11. Deputies and Assistants to the Commissioner.
12. Appointment of subordinate police.
13. Certificates of appointment.
14. Effect of suspension of Police Officer.
15. General powers of Commissioner and Superintendent.
16. Superintendent of Police to be the head of the Police in the District subject to the
general control of the District Magistrate.
17. Power of District Magistrate to require reports from Superintendent.
18. Power of supervision by District Magistrates.
19. Special Police Officers.
20. Appointment of additional Police.
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CHAPTER IIA
ESTABLISHMENT OF STATE SECURITY COMMISSION, POLICE ESTABLISHMENT
BOARD,
STATE POLICE COMPLAINT AUTHORITY AND DISTRICT POLICE COMPLAINT
AUTHORITY
20A.The State Security Commission
20B. Police Establishment Board
20C. State Police Complaints Authority
20D. District Police Complaints Authority
20E. Powers of the State Police Complaints Authority and District Police Complaints
Authority
20F. Tenure of officers incharge of police stations, circle, sub-division, district and range
20G. Units in a Police station
CHAPTER III
REGULATION, CONTROL AND DISCIPLINE OF THE POLICE FORCE.
21. Framing of Rules for administration of the Police.
22. Inspector-General may call for returns.
23. Omitted.
24. Omitted.
25. Omitted.
26. Police Officers to be deemed to be on duty and to be liable to employment in any part
of the State.
27. Under what conditions Police Officer may resign.
28. Police Officer not to engage in trade, etc.
29. Certificates, arms, etc., to be delivered up by person ceasing to be a Police Officer.
30. Occupation of and liability to vacate premises provided for Police officers.
CHAPTER IV
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POLICE REGULATIONS
31. Power to make orders for regulation of traffic and for preservation of order in public
place, etc.
32. Authorisation of erection of barriers on streets.
33. Power to make rules prohibiting disposal of the dead except at places set apart.
34. Power of Commissioner or the Superintendent and of other officers to give direction to
the public.
35. Power to prohibit certain acts for prevention of disorder.
36. Power to prohibit, etc., continuance of music, sound or noise.
36A. Power to regulate undesirable activities.
37. Licensing use of loudspeakers, etc.
38. Issue of orders for prevention of riot, etc.
39. Issue of orders for maintenance of order at ceremonials, etc.
40. Police to provide against disorder, etc., at places of amusement and public meetings.
41. Discontinuance of use of premises by disorderly persons.
42. Special measures to prevent outbreak of epidemic disease at fair, etc.
43. Destruction of stray dogs.
44. Destruction of suffering or unfit animals.
45. Powers under this Chapter to be exercised by Superintendent subject to the control of
District Magistrate and by Commissioner and District Magistrates subject to the control
of the State Government.
CHAPTER V
SPECIAL MEASURES FOR MAINTENANCE OF PUBLIC ORDER AND SAFETY OF STATE
I. EMPLOYMENT OF ADDITIONAL POLICE, RECOVERY OF COST THEREOF AND OF
RIOT COMPENSATION, ITS ASSESSMENT AND RECOVERY.
46. Employment of additional Police on application of a person.
47. Employment of additional Police at large works and when apprehension regarding
behaviour of employees exists.
48. Recovery of cost of additional Police employed under sections 46 and 47.
49. Employment of additional Police in cases of special danger to public peace.
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50. Compensation for injury caused by unlawful assembly how recoverable.
51. District Magistrate to award or to apportion compensation among persons.
52. District Magistrate to discharge functions under orders of Government.
53. Proportionate recovery of the cost of additional Police and compensation for loss
caused by unlawful assembly.
II. DISPERSAL OF GANGS AND REMOVAL OF PERSONS CONVICTED OF CERTAIN
OFFENCES.
54. Dispersal of gangs and bodies of persons.
55. Removal of persons about to commit offences.
56. Removal of persons convicted of certain offences.
57. Period of operation of orders under sections 54, 55 or 56.
58. Hearing to be given before an order is passed under section 54, 55 or 56.
59. Appeal.
60. Finality of orders.
61. Procedure on failure of person to leave the area and his entry therein after removal.
62. Temporary permission to enter or return to the area from which a person w as directed
to remove himself.
63. Powers of Government or of officers specially empowered to extern.
III. CONTROL OF CAMPS, PARADES, ETC., AND USE OF CERTAIN UNIFORMS.
64. Control of camps, parades, etc., and banning use of uniform, etc.
CHAPTER VI
EXECUTIVE POWERS AND DUTIES OF THE POLICE
65. Duties of a Police Officer.
66. Power to enter places of public resort.
67. Power to search suspected persons in a street.
68. Duties of Police Officers towards the public.
69. Police to regulate traffic, etc., in streets.
70. Persons bound to conform to reasonable directions of Police.
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71. Powers of Police Officer to restrain, remove, etc.
72. Enforcement of orders issued under sections 35, 36 or 38.
73. Duty of Police to see orders issued under sections 42, 54, 55, 56 or 63 are carried out.
74. When Police Officer may arrest without warrant.
75. Police to take charge of unclaimed property.
76. Police Officer may take charge of stray cattle.
77.A Superior Police Officer may himself perform duties imposed on his inferior, etc.
CHAPTER VII
PREVENTION OF GAMING
78. Opening, etc., of certain forms of gaming.
79. Keeping common gaming-house, etc.
80. Gaming in common gaming-house, etc.
81. Entry, search, etc., by police officers in gaming-house.
82. Presumptive proof of keeping or gaming in common gaming-house.
83. On conviction under sections 78, 79 and 80 instruments of gaming may be destroyed.
84. Proof of playing for money not required for conviction.
85. Indemnification of persons concerned who are examined as witnesses.
86. Payment of portion of fine to informer.
87. Gaming in public streets.
88. Power to arrest without warrant persons gaming in public places.
89. Assembling in streets for gaming.
90. Printing, publishing or distributing any news or information.
91. Offences by Companies.
CHAPTER VIII
OFFENCES AND PUNISHMENTS
92. Punishment of certain street offences and nuisance.
93. Punishment for cruelty to animals.
94. Punishment for wilful trespass.
95. False alarm of fire or damage to fire alarm.
96. Being found under suspicious circumstances between sunset and sunrise.
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97. Carrying weapon without authority.
98. Possession of property of which no satisfactory account can be given.
99. Omission by pawnbrokers, etc., to report to the Police the possession or tender of
property suspected to be stolen.
100. Melting, etc., of such property.
101. Taking pledge from a child.
102. Penalty for permitting disorderly conduct at places of public amusements, etc.
103. Penalty for contravention of orders under section 31.
104. Liability of licensee of place of public entertainment for acts of servants.
105. Penalty for not o btaining a licence or for not renewing the licence within the specified
period in respect of public entertainment.
106. Penalty for disobedience to order under section 30.
107. Penalty for contravening rules, etc., under sections 33 or 34.
108. Penalty for contravention of rules or directions under section 35, 38 or 39.
109. Penalty for contravening orders under sections 36 or 37.
110. Penalty for contravening direction under section 40 or order under section 41.
111. Penalty for contravention of a regulation made under section 42.
112. Penalty for contravening directions under section 70.
113. Penalty for contravention of directions under sections 54, 55, 56 or 63.
114. Penalty for entering area from which person has been directed to remove himself.
115. Penalty for failure to surrender in accordance with sub-section (3) of section 62.
116. Penalty for contravention of orders under section 64.
117. Neglect or refusal to serve as Special Police Officer.
118. Penalty for making false statement, etc., and for misconduct of Police Officer.
119. Penalty for failure to deliver up certificate of appointment or of office or other article.
120. Vexatious entry, search, arrest, etc., by a Police Officer.
121. Penalty for vexations delay in forwarding a person arrested.
122. Penalty for opposing or not complying with direction given under section 72.
123. Penalty for causing disaffection, etc.
124. Jurisdiction when offender is a Police Officer above the rank of a constable.
125. Penalty for unauthorised use of police uniform.
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126. Prosecution for certain offences against the Act to be in the discretion of the Police.
127. Summary disposal of certain cases.
128. Prosecution for offences under other enactments not affected.
128A. Certain offences to be Cognizable, Non-bailable.
CHAPTER IX
VILLAGE POLICE
129. Constitution of village police.
130. Administration, control and direction of village police in whom vested.
131. Power to delegate.
132. Village Police in village to be under charge of Police Patel.
133. Duties of Police Patel.
134. Authority over the village servants.
135. Precautions against robbery, etc.
136. Information received regarding commission of cognizable offences.
137. Penalties for neglect of duty and punishment.
138. Liability to criminal prosecution not affected.
139. Information to Officer in charge of police station, when a criminal in the village has
escaped or is not known.
140. Information regarding unnatural or sudden death or corpse found in the village.
141. Police Patel to arrest person whom he believes to have committed a cognizable
offence and forward him to the Police station, etc.
142. Unclaimed property.
143. Provision in case of absence, sudden illness, etc., of Police Patel.
CHAPTER X
STATE RESERVE POLICE FORCE
144. Definitions.
145. Constitution of the State Reserve Police Force.
146. Superintendence, control and administration of Force.
147. Enrolment.
148. Transfers.
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149. Certificate of appointment.
150. General powers of Commandant.
151. General duties of members of the State Reserve Police Force.
152. Reserve Police Officer to be deemed to be in charge of police station.
153. Offence in respect of resignation contrary to provisions.
154. Offence in respect of refusal to deliver certificate of appointment, etc.
155. More heinous offences.
156. Less heinous offences.
157. Reserve Police Officer in command to give information of offences committed under
the Act by Reserve Police Officer under his charge.
158. Place of imprisonment and liability to dismissal on imprisonment.
159. Minor punishments.
160. Protection for acts of members of Force.
161. Reserve Police Officer to be a Police Officer.
CHAPTER XI
MISCELLANEOUS
162. Disposal of fees, rewards, etc.
163. Power of Government to make rules.
164. Method of proving orders and notifications.
165. Rules and orders not invalidated by defect in form or irregularity in procedure.
166. Presumptions in prosecutions for contravention of directions issued under sections 54,
55, 56 or 63.
167. Officers holding charge of, or succeeding to, vacancies competent to exercise powers.
168. Forfeiture of bond entered into by person permitted to enter or return to the area from
which he was directed to remove himself.
169. Protection of magistrate, police officer or public servant.
170. Suits or prosecutions in respect of acts done under colour of duty as aforesaid not to
be entertained without sanction of Government.
171. Licences and permissions to specify conditions, etc., and to be signed.
172. Public notices how to be given.
173. Consent, etc., of a competent authority may be proved by writing under his signature.
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174. Signature on notices, etc., may be stamped.
175. Saving in respect of rescission of certain provisions.
176. Saving of games of skill.
177. Persons interested may apply to Government to annul, reverse or alter any order.
178. Repeal and savings.
179. Power to remove difficulties.
SCHEDULE I.
SCHEDULE II.
SCHEDULE III.
SCHEDULE IV.
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STATEMENTS OF OBJECTS AND REASONS
I
Act 4 of 1964. - At present in the different Areas of the State there are different laws for
the regulation of police force, the maintenance of public order and allied matters and also for
the prevention of gambling. It is proposed to have one uniform law on these subjects for the
entire State. Hence this Bill.
The following are the important provisions of the Bill, namely:—
(1) provision is made for the appointment of a police officer not below the rank of a
Deputy Inspector -General of Police to be the Commissioner of Police for the City of
Bangalore or any other area specified in a notification;
(2) the administration of the police in a district or part of a district will, under the general
control and direction of the District Magistrate, be vested in the Superintendent of Police;
(3) the Divisional Commissioner is empowered—
(a) to issue directions with respect to the police force in any district within his division
which the District Magistrate might issue;
(b) to invite the attention of the Inspector -General to defects in the police
administration of his division; and
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(c) to call upon the District Magistrate for reports on the state of crime, the distribution
of the police force therein and the arrangements for suppression of crime and disorder and
to issue orders thereon;
(4) the Commissioner, the Superintendent, the Assistant Superin tendent, the Deputy
Superintendent, or any magistrate of the first class having jurisdiction in the area, have been
empowered to prohibit the continuance of music, sound or noise, for preventing annoyance,
disturbance, discomfort, or injury or risk to the public or any persons who dwell or occupy
property in the vicinity;
(5) the Superintendent or other authorised officer is empower to license the use of
loudspeakers, etc.;
(6) provision is made for the dispersal from an area, of gangs and bodies of persons ,
whose movements are likely to cause danger or alarm; for removal from any area of persons
about to commit certain offences; and for removal from any area of persons convicted of
certain offences;
(7) provisions for the prevention of gambling;
(8) provisi ons regarding village police and provisions for the constitution,
superintendence, direction and control, etc., of the State Reserve Police Force.
(Published in Karnataka Gazette (Extraordinary) Part IV -2A dated 26th July, 1962, at
page. 481-482.
II
Amending Act 13 of 1965. — [By this Act amendments were made to the Code of
Criminal Procedure to give effect to the separation of judicial and executive functions of the
State. While doing so certain consequential amendments were made to this Act]
III
Amending Act 7 of 1974.—Government of Karnataka have permitted the Bangalore Turf
Club Limited, to introduce the system of “Off -course Betting” through a reciprocal
arrangement with the Royal Western India Turf Club Limited, Bombay, from 19th May, 1973.
Off-course Betting would help to:
(a) eliminate illegal betting;
(b) increase the revenue of the State Government as well as that of the Bangalore Turf
Club;
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(c) create employment opportunities and encourage other indirect economic activity; and
(d) develop horse breeding in the State.
2. Betting Tax will be collected by the Government of the State in which the bets are
accepted. The Club will earn revenue by way of Book -makers’ stall fees and commission on
book bets.
3. It is expected that Government will get an additional revenues of Rupees 5 lakhs a
year.
4. Introduction of ‘Off -course Betting’ requires amendment of the Mysore Race Courses
Licensing Act, 1952 and the Mysore Betting Tax Act, 1932.
5. As the races commenced at Bombay on 18th November 1973 and the State Legislative
Council was not in Session at that time, an Ordinance viz., Karnataka Ordinance No. 9 of
1973 had to be promulgated to meet this contingency.
6. The present Bill seeks to replace the said Ordinance.
Hence the Bill.
(Published in Karnata ka Gazette (Extraordinary) Part IV -2A, dated 2nd March, 1974, as
No. 426, at page. 4.)
IV
Amending Act of 18 of 1975. —Orders to be made by the Commissioner of Police and
the District Magistrate under clauses ( a) and ( b) of sub -section (1) of section 31 of the
Mysore Police Act, 1963 are subject to the control of the Government, but orders under other
clauses are subject to the previous sanction of Government. It is considered sufficient if
orders other than those under clauses ( d), (v), (w), (x) and ( y) are subject to the control of
Government. It is therefore proposed to amend sub-section (2).
Since it will be necessary to extend under section 92 the provisions relating to street
offences and nuisance permanently to certain places, it is proposed to amend s ub-section
(2) of this section.
The other amendments proposed are of a minor nature.—
(Obtained from Notification No. 9902-LA, dated 17th July 1967 (File LAW 56 LGN 72))
V
Amending Act 41 of 1981. —In the Karnataka Municipal Corporations Act, 1976, sectio n
489 spells out clearly that it shall be the duty of every Police Officer to assist the lawful
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authority of the Corporation in exercising its powers. However, no similar provision exists in
the other enactments dealing with other local authorities such as Slum Clearance and
Improvement Board, Bangalore Development Authority, Improvement Boards, etc. All these
institutions have to exercise power in demolishing the unauthorised constructions which take
place either within their jurisdiction or on the planned lay-outs or areas declared for Slum
Clearance etc. The Police Department however finds it difficult to help the officers of these
Boards and Authorities by sending police force in the absence of clear provisions in the
enactments to the effect that police shall help these authorities.
There is thus need to incorporate a provision similar to section 489 of the said Act,
1976 in all the relevant enactments governing the other local bodies. As this involves
amendment to a number of enactments, it is considere d appropriate to amend only the
Karnataka Police Act, 1963 by incorporating a provision in it, defining the term ‘local
authority’ to cover all types of local bodies and also a provision similar to section 489 of the
said Act.
Hence the Bill.
(Published in the Karnataka Gazette (Extraordinary), Part IV -2A, dated 24th June,
1981, as No. 478, p. 4.)
VI
Amending Act 14 of 1990.— [By this Act State Civil Services Act, 1978 was enacted and
certain minor consequential amendments were made to this Act]
VII
Amending Act 6 of 1998. —The Hon’ble High Court in the Case No. CCC (Crl) 9 \97 has
directed all the concerned departments of State Government to take necessary steps to
preserve and maintain Cubbon Park at Bangalore City, which is having rich cultural and
historical heritage. It has also directed the Horticulture Department to put up prominent
boards in the Park that the persons who indulged in activities like parking of the vehicles
wherever they like, damaging the trees and plants, plucking flowers and fruits, driving the
vehicles at abnormal speed, littering etc., in contravention of the regulations will be liable to
fine of Rs. 500/-.
Under section 34( d) of the Karnataka Police Act, 1963, the Commissioner of Police,
Superintendent of Police and other Police Of ficers have power to issue orders from time to
time to keep order in all streets and other places of public resort.
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Contravention of any order made under section 34(d) is punishable under section 107
with fine up to Rs. 200/ -. In view of the direction of t he High Court in the aforesaid case the
maximum limit of fine is required to be enhanced to Rs. 500/-.
Therefore, it is considered necessary to amend the Karnataka Police Act, 1963 to
enhance the maximum amount of fine from Rupees 200/ - to Rupees 500/ - by amending
section 107 of the said Act.
As the matter was urgent and the Karnataka Legislative Council was not in session the
Karnataka Police (Amendment) Ordinance, 1997 (Karnataka Ordinance 5 of 1997) was
promulgated to achieve the above object.
This Bill seeks to replace the said Ordinance.
(Published in the Karnataka Gazette (Extraordinary), Part IV-2A, dated 19th March, 1998,
as No. 305, p. 2.)
VIII
Amending Act 2 of 2003. - In order to protect the non -smoking public from the hazards
of passive smoking i t is considered necessary to prohibit tobacco smoking, to start with at
least in a few selected places, like places of public work or use and in public service
vehicles, where large number of people are present for prolonged periods.
Promotion of smoking through advertisements needs to be discouraged and the health of
the younger generation. Particularly children, also needs to be protected from the ill -effects
of tobacco smoking by prohibiting sale of cigarettes, etc., to persons below 18 years and
sale, distribution or storing of such products within the premises of any Hospital, Health
Institution, Public Office, court, Library, Place of worship, College, School or other Institution.
Hence the Bill.
(Obtained from file No. Samvyashaye 34 Shasana 2001)
IX
Amending Act 26 of 2011. - The Government has constituted a One Man
Committee headed by Sri.K.R.Chamayya, Retd Law Secretary and Retd Vice Chairman of
Karnataka Administrative Tribunal to suggest repeal of all absolute regional Acts inforce in
the different Areas of the State i.e. Belgaum Area, Coorg District, Gulburga Area, Mangalore
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and Kollegal Area and Mysore Area and to prepare volumes of such of those Acts which are
considered to be necessary.
The Committee has recommended,-
1. to repeal 153 Acts of Belgaum Area Regional Laws, 23 Acts of Coorg District Area
Regional Laws, 96 Acts of Gulbarga Area Regional Laws, 175 Acts of Mangalore
and Kollegal Area, 92 Acts of Old Mysore Area.
2. to amend 12 Acts of different Regions and extend the provisions to throughout the
State for the reasons specified below namely,-
xxx xxx xxx
6. The Karnataka Police Act 1964 (Karnataka Act 4 of 1964). In Gulburga Area of
the State a Hyderabad Act called the Hyderabad Eunuchs Act XVI 1329F is in fo rce. It
provides for registration and control of eunuchs. One -Man Committee has suggested that
instead of having a separate law on the subject it is better to repeal that Hyderabad Act and
to amend the Police Act empowering the Police Commissioners to make orders for
registration and control of eunuchs etc., within their jurisdiction, if it is considered necessary.
xxx xxx xxx
Hence the Bill.
(Obtained from File No. Samvyashaye 19 Shasana 2009)
X
Amending Act 30 of 2012. - In order to co mply with the directions of the Hon'ble
Supreme Court of India in writ application No. 310/1996 (Shri. Prakash Singh and others v/s
State) in respect of Police Reforms, it was considered necessary to amend the Karnataka
Police Act, 1963 (Karnataka Act 4 of 1964).
As the matter was urgent and both the Houses of the Karnataka State Legislature
were not in session, the Karnataka Police (Amendment) Ordinance, 2012 (Karnataka
Ordinance No. 2 of 2012) was promulgated on 01.06.2012.
This Bill seeks to replace the said Ordinance.
Hence the Bill.
[L.C. Bill No.01 of 2012, File No. Samvyashae 38 Shasana 2012]
[Entries 1 and 2 of List II of the Seventh Schedule to the Constitution of India.]
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XI
Amending Act 49 of 2013. - It is considered necessary to amend the K arnataka
Police Act, 1963 (Karnataka Act 4 of 1964) in order to comply with the directions of Hon’ble
Supreme Court of India in Writ Application No. 310/1996 (Sri. Prakash Singh and others V/s
Union of India and others) in respect of Police Reforms and to ensure effective functioning of
the Police Establishment Board.
Hence, the Bill.
[L.A. Bill No.02 of 2013, File No. Samvyashae 74 Shasana 2012]
[Entries 1 and 2 of List II of the Seventh Schedule to the Constitution of India.]
XII
Amending Act 22 of 2016 .- In writ petition No: 32054/2014 the Hon'ble High Court
of Karnataka has observed that Regional Commissioners as the Chairman of the District
Police Complaints Authorities will not serve the purpose of effective functioning as they are
holding several authorities in their region. Further retired Civil Services Members not below
the rank of Joint Secretary are not availabe to appoint as Members of the Authority.
Therefore, it is proposed to appoint the Deputy Commissioner of the concerned District as
the Chairman of the District Complaints Authority and retired Civil Service Members of not
below the rank of Assistant Commissioner as its Members.
In the recent past sexual harassment, incidents regarding the children are happening
frequently. In this reg ard, the Central Government enacted POCSO (Protection of Children
from Sexual Offences) Act, 2012 (Central Act 32 of 2012). In spite of the cases being
registered by the police and investigating the same and filing the final reports to the Courts,
the negligence on the part of the staff as well as school management is being revealed in
almost all the cases so far reported. To control and regulate the activities of school staff and
the management for safety and security of the children at large, some more powers are
required by the Police to effectively monitor and regulate this issue in future. For this reason
a separate clause is proposed to be added to the present section 31 (1) as 31(1) (z a) of
Karnataka Police Act, 1963.
Further, the petitioner in writ petition No. 1397/2015 has approached the Hon'ble high
Court of Karnataka, Bangalore with a view that the provisions of section 31A dealing with
eunuch are discriminatory against transgender Community and violates provisions of Article
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14, 15, 19 and 21 of Constitution. Therefore, it is proposed to replace the word "eunuch"
with the word "person".
Therefore, it is considered necessary to amend the Karnataka Police Act, 1963.
Hence, the Bill.
[L.A. Bill No. of 27 of 2016, File No. Samvyashae 26 Shasana 2016]
[entries 1 and 2 of List II of the Seventh Schedule to the Constitution of India.]
XIII
Amending Act 28 of 2021. - It is considered necessary further to amend the
Karnataka Police Act, 1963 (Karnataka Act 4 of 1964) to provide for,-
(i) effective enforcement of the provisions of this Act by making offences under
Chapter VII and under section 90, 98, 108, 113,114 and 123 as cognizable
offence and non -bailable except section 87 which is made cognizable and
bailable;
(ii) include the use of cyberspace including computer resources or any
communication devise as defined in Information Technology Act, 2000 in the
process of gaming. to curb the menace of gaming through internet, mobile
app;
(iii) enhance the punishment for Gaming for the orderly conduct of citi zens and to
wean them away from the vice of gambling;
(iv) certain other consequential amendments are also made.
Hence the Bill.
[L.A. Bill No. 37 of 2021, File No. Samvyashae 38 Shasana 2021]
[Entry 2 of List II of the Seventh Schedule to the Constitution of India.]
[Published in Karnataka Gazette Extra-ordinary No. 814 in part-IVA dated: 05.10.2021]
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XIV
Amending Act 14 of 2024. - It is considered necessary further to amend the
Karnataka Police Act, 1963 (Karnataka Act 4 of 1964) to enhance minimum te nure of police
officers in operational duties from one year to two years. This will help the Police Officer; to
understand the jurisdiction in a better manner; to build good relation with the public; in
detection and prevention of crime.
Hence, the Bill.
[L.A. Bill No.18 of 2024, File No. DPAL 09 SHASANA 2024]
[Entries 1 and 2 of List II of the Seventh Schedule to the Constitution of India.]
[Published in Karnataka Gazette Extra-ordinary No.169 in part-IVA dated:07.03.2024]
XV
Amendment Act 23 of 2026.- It is considered necessary further to
amend the Karnataka Police Act, 1963 (Karnataka Act 4 of 1964) to
substitute clause (c) of sub -section (1) and to omit second proviso of the
section 20F.
Hence, the Bill.
[L.A. Bill No. 04 of 2026, File No. SAMVYASHAE 4 SHASANA 2026]
[Entries 1 and 2 of List II of the Seventh Schedule to the Constitution of
India]
[Published in Karnataka Gazette Extra -ordinary No.264 in part -IVA
dated:08.04.2026]
18
1[KARNATAKA ACT]1 No. 4 OF 1964
(First published in the 1[Karnataka Gazette11 on the Thirteenth day of February,
1964.)
THE 1[KARNATAKA]1 POLICE ACT, 1963.
(Received the assent of the President on the Eighteenth day of January, 1964)
(As Amended by Karnataka Acts 13 of 1965, 7 of 1974, 18 of 1975,
41 of 1981, 14 of 1990, 6 of 1998, 2 of 2003, 26 of 2011, 30 of 2012, 49 of 2013, 22
of 2016, 28 of 2021, 14 of 2024 and 23 of 2026)
An Act to provide for a uniform law for the regulation of the Police Force, the maintenance
of public order and other matters in the 1[State of Karnataka]1.
WHEREAS it is expedient to provide for a uniform law for the regulation of the Police Force
in the 1[State of Karnataka]1, for the exercise of powers and performance of functions by the
State Government and by the members of the said f orce, for the maintenance of public
order, for the prevention of gaming, and for certain other purposes hereinafter appearing;
BE it enacted by the 1[Karnataka]1 State Legislature in the Fourteenth Year of the
Republic of India as follows:—
1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.—(1) This Act may be called the 1[Karnataka]1
Police Act, 1963.
(2) It extends to the whole of the 1[State of Karnataka]1.
(3) It shall come into force on such 2[date]2 as the State Government may, by notification
in the Official Gazette, appoint.
1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
2. Act came into force w.e.f. 2.4.1965 vide Notification No. HD 21 PEG 65 dt. 1965
2. Definitions.—In this Act, unless the context otherwise requires,—
(1) “cattle” means cows, bullocks, bulls, calves, buffaloes, elephants, camels, horses,
mares, geldings, ponies, colts, fillies, asses, mules, pigs, rams, ewes, sheep, la mbs, goats
and kids;
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(2) “City of Bangalore” means the area within the limits of the City of Bangalore as
defined for the time being in the City of Bangalore Municipal Corporation Act, 1949 (Mysore
Act LXIX of 1949) and includes such other areas adjacent t o such limits 1[x x x] 1 as the
Government may from time to time by notification in the Official Gazette specify;
(3) “common gaming -house” means a building, room, tent, enclosure, vehicle, vessel or
place in which any instruments of gaming are kept or used for the profit or gain 1[or
otherwise]1 of the person owning, occupying, or keeping such building, room, tent,
enclosure, vehicle, vessel or place, or of the person using such building, room, tent,
enclosure, vehicle, vessel or place, whether he has a ri ght to use the same or not, such
profit or gain 1[or otherwise]1 being either by way of a charge for the use of the instruments
of gaming or of the building, room, tent, enclosure, vehicle, vessel or place, or otherwise
howsoever or as subscription or othe r payment for the use of facilities along with the use of
the instruments of gaming or of the building, room, tent, enclosure, vehicle, vessel or place
for purposes of gaming;
1. Inserted by Act 28 of 2021 w.e.f. 05.10.2021.
Explanation.—In this clause “pe rson” includes a company, association, club or other
body of persons whether incorporated or not.
(4) the expression “competent authority” when used with reference to the exercise or
performance of any power, duty or function under the provisions of this Act, means,—
(a) in relation to the City of Bangalore and other areas for which a Commissioner of
Police is appointed under section 7, the Commissioner;
(b) in relation to the areas other than those referred to in clause ( a), the District
Magistrate or the Superintendent or the Additional Superintendent, or, the Assistant or
Deputy Superintendent when specially empowered in that behalf by the Government;
1[(5) ‘district’ means any area which the Government may by notification specify to be a
district for the purpose of this Act and where no such-area has been so specified, a territorial
division constituting the district for the purposes of the Code of Criminal Procedure 1973, but
does not include the City of Bangalore or any area specified under sub-section (1) of section
7;]1
1. Substituted by Act 18 of 1975 w.e.f. 15.5.1975
1[(6) x x x]1
1.Omitted by Act 18 of 1995 w.e.f. 15.5.1975
2[1[(7) gaming means and includes online games, involving all forms of wagering or
betting, including in the form of tokens valued in terms of money paid before or after issue of
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it, or electronic means and virtual currency, electronic transfer of funds in connection with
any game of chance, but does not include a lottery or wagering or betting on horse -race run
on any race course within or outside the State, when such wagering or betting takes place,—
]1]2
1. Inserted by Act 7 of 1974 w.e.f. 29.11.1973.
2. Substituted by Act 28 of 2021 w.e.f. 05.10.2021.
(i) on the day on which such race is run; and
1[(ii) in an enclosure set apart fo r the purpose in a race course by the licensee of such
race course under the terms of the licence issued under section 4 of the Mysore Race
Courses Licensing Act, 1952 (Mysore Act VIII of 1952); and]1
1. Substituted by Act 7 of 1974 w.e.f. 29.11.1973
(iii) between any person being present in such enclosure, on the one hand and such
licensee or other person licensed by such licensee in terms of the aforesaid licence on the
other in such manner and by such contrivance as may be permitted by such licence.
Explanation.—In this clause,—
(i) ‘wagering or betting,’ includes the collection or soliciting of bets, the receipt or
distribution of winnings or prizes, in money or otherwise, in respect of any act which is
intended to aid or facilitate wagerin g or betting or such collection, soliciting, receipt or
distribution 1[any act or risking money, or otherwise on the unknown result of an event
including on a game of skill and any action specified above carried out directly or indirectly
by the players playing any game or by any third parties;]1
(ii) ‘game of chance’ includes a game of chance and skill combined and a pretended
game of chance or of chance and skill combined, but does not include any athletic game or
sport;
1. Inserted by Act 28 of 2021 w.e.f. 05.10.2021.
(8) “Government” means the State Government;
(9) “Head Constable” means an officer of and above the rank of a Constable and a
“Constable” means a Police Officer of the lowest grade;
(10) “Inspector -General”, “Commissioner”, “Deputy Inspector -General”, “Deputy
Commissioner”, “Assistant Commissioner”, “Superintendent”, “Additional Superintendent”,
“Assistant Superintendent”, and “Deputy Superintendent” mean respectively, the Inspector -
General of Police, a Commissioner of Police, a Deputy Inspector -General of Police, a
Deputy Commissioner of Police, an Assistant Commissioner of Police, a Superintendent of
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Police, an Additional Superintendent of Police, an Assistant Superintendent of Police and a
Deputy Superintendent of Police appointed or deemed to be appointed under this Act;
1[(11) 'Instruments of gaming' includes any article used or intended to be used as a
subject or means of gaming, including computers, computer system, mobile app or internet
or cyber space, virtual platform, computer network, computer resource, any communication
device, electronic applications, software and accessory or means of online gaming, any
document, register or record or evidence of any gaming in electronic or digital form, the
proceeds of any online gaming as or any winning or prizes in money or otherwise distributed
or intended to be distrubted inrespect of any gaming;
Explanation: The words ‘computer’, ‘communication device’, ‘computer network’,
‘computer resource’, ‘computer system’, ‘cyber café’ and ‘electronic r ecord’ used in this Act
shall have the respective meaning assigned to them in the Information Technology Act, 2000
(Central Act 21 of 2000)]1
1. Substituted by Act 28 of 2021 w.e.f. 05.10.2021.
1[(11-A) ‘local authority’ means a corporation established or continued under the
Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14 of 1977), a municipal
council, or a notified area committee or a sanitary board established or deemed to have
been established or continued under the Karnataka Municipalities Act, 1964 (Karnataka Act
22 of 1964) or under any other law, the Bangalore Development Authority constituted under
the Bangalore Development Authority Act, 1976 (Karnataka Act 12 of 1976), the City
Improvement Board, Mysore constituted under the City of My sore Improvement Act, 1903
(Mysore Act 3 of 1903), an Improvement Board constituted under the Karnataka
Improvement Boards Act, 1976 (Karnataka Act 11 of 1976), a planning authority constituted
under the Karnataka Town and Country Planning Act, 1961 (Karna taka Act 11 of 1963), the
Karnataka Slum Clearance Board constituted under the Karnataka Slum Area (Improvement
and Clearance) Act, 1973 (Karnataka Act 33 of 1974) and such other authority as the State
Government may from time to time by notification declare.]1
1.Clause (11A) Inserted by Act 41 of 1981 w.e.f. 6.6.1981
(12) “municipality” means a municipality constituted or deemed to be constituted under
any law relating to municipalities for the time being in force in the 1[State of Karnataka] 1 or
any part thereof;
1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
1[(12A) “Online gaming” means and includes games as defined in clause (7) played online
by means of instruments of gaming, computer, computer resource, computer net work,
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computer system or by mobile app or internet or any communication device, electronic
application, software or on any virtual platform]1;
1. Inserted by Act 28 of 2021 w.e.f. 05.10.2021.
(13) “place” includes a building, a tent, a booth or other erection, wheth er permanent or
temporary, or any area whether enclosed or open 1[including a recreation club or on virtual
platform, mobile app or internet or any communication device, electronic application,
software, online gaming and computer resource as defined in I nformation Technology Act,
2000(Central Act 21 of 2000) or under this Act]1;
1. Inserted by Act 28 of 2021 w.e.f. 05.10.2021.
(14) “place of public amusement” means any place, where music, singing, dancing, or
any diversion, or game, or the means of carrying on the same is provided and to which the
public are admitted and includes a race course, circus, theatre, music hall, billiard room,
bagatelle room, gymnasium, fencing school, swimming pool or dancing hall;
(15) “place of public entertainment” means any place to which the public are admitted and
where any kind of food or drink is supplied for consumption on the premises by any person
owning or having an interest in or managing such place and includes a refreshment room,
eating house, coffee house, liquor house, boarding house, lodging house, hotel, tavern, or a
shop where wine, beer, spirit, arrack, toddy, ganja, or other kind of liquor or intoxicant or any
kind of food or drink is supplied to the public for consumption in or near such shop;
(16) “police off icer” means any member of the police force appointed or deemed to be
appointed under this Act and includes a special or an additional police officer appointed
under section 19 or 20;
(17) “prescribed” means prescribed by rules;
(18) “public place” includes the foreshore, the precincts of every public building or
monument, and all places accessible to the public for drawing water, washing or bathing or
for the purpose of recreation;
(19) “rules” means rules made under this Act;
(20) “street” includes any hig hway, bridge, way over a causeway, viaduct, arch, quay or
wharf or any road, lane, footway, square, court, alley or passage accessible to the public,
whether a thoroughfare or not;
(21) “Subordinate Police” means members of the Police Force of and below th e rank of
Inspector;
(22) “Superior Police” means members of the Police Force above the rank of Inspector;
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(23) “vehicle” means any carriage, cart, van, dray, truck, hand-cart or other conveyance of
any description and includes a bicycle, tricycle, a ricks haw, an automatic car, a vessel or an
aeroplane.
(24) Words and expressions not defined in this Act and which are defined in the Code of
Criminal Procedure, 1898 (Central Act V of 1898), shall have the same meaning as in that
Code.
CHAPTER II
SUPERINTENDENCE, CONTROL AND ORGANISATION OF THE POLICE FORCE
3. One Police Force for the whole State. —There shall be one Police Force 1[including
the State Reserve Police Force established under section 145]1 for the whole of the State:
State Provided that the members of the Police Forces constituted under any of the Acts
mentioned in Schedule I, immediately before coming into force of this Act, shall be deemed
to be the members of the said Police Force.
1. Inserted by Act 18 of 1975 w.e.f. 15.5.1975
4. Superintendence of Police Force to vest in the Government. —The
superintendence of the Police Force throughout the State vests in and is exercisable by the
Government and any control, direction or supervision exercisable by any officer over any
member of the Police Force shall be exercisable subject to such superintendence.
5. Constitution of Police Force.—Subject to 1[x x x]1 the provisions of this Act,—
(a) the Police Force shall consist of such number in the several ranks and have such
organisation and such powers, func tions and duties as the Government may by general or
special order determine;
1[(b) and proviso x x x]1
1. Omitted by Act 14 of 1990 w.e.f. 2.4.1992
1[6. Director General and Inspector General of Police. - (1) For the direction, control
and supervision of th e Police service, the Government shall appoint a Director General
and Inspector General of Police, who shall subject to the control of the Government,
exercise such powers and perform such functions and duties and shall have such
responsibilities and such authority as may be provided by or under this Act.
(2) The Director General and Inspector General of Police shall be selected by the State
Government from amongst officers of the Indian Police Service in the rank of Director
General of Police who have been empanelled for promotion to that rank on the basis of their
length of service, very good history of service, professional knowledge and ability to lead
Police Force in the State.
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(3) The Director General and Inspector General of Police so appointed shall have a
tenure of not less than two years subject to superannuation:
Provided that the Government may transfer the Director General and Inspector
General of Police before completion of two years of his tenure, if he is,–
(a) convicted by a court of law in a criminal case or where charges have been framed
against him by a court in a case involving corruption or offences which amounts to moral
turpitude; or
(b) inExcerpt shown. Open the full act in Lexace.
Lex