THE POLICE (INCITEMENT TO DISAFFECTION) ACT, 1922
[Issued under G. I. 1922, Part V, page 62.]
[Act No. 22 of 1922]
PREAMBLE
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 1 - Short title, extent and commencement
(1) This Act may be called the Police (Incitement to Disaffection) Act, 1922. (Substituted by A.O. 1950.)
[Substituted by A.O. 1950.] [(2) It extends to the whole of India, except [Substituted by A.O. 1950.] [the territories which immediately before the 1st November, 1956, were comprised in Part B States].]
(3) It shall come into force in any State or part of a State on such date as the State Government may, by notification in the Official Gazette, direct.
Section 2 - 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 3 - 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 [Omitted by ibid.] [xxxx] the Government established by law in [Substituted by A.C. A.O. 1948.] [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 fine 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.
Section 4 - Saving of acts done by police associations and other persons for certain purposes
Nothing shall be deemed to be an offence under this Act which is done in good faith-
(a) for the purposes of promoting the welfare or interest of any member of a police-force by inducing him to withhold his services in any manner authorized 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 authorized or recognized, by the Government and the act is done under any rules or articles of the association which have been approved by the Government.
Section 5 - 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, [Omitted by the A.O. 1937.] [xxxx] of the Commissioner of Police.
Section 6 - Trial of cases
(1) No Court inferior to that of a Presidency Magistrate or Magistrate of the first class shall try any offence under this Act.
(2) Notwithstanding anything contained in Chapter XXII of the Code of Criminal Procedure, 1898 (Act 5 of 1898), no offence under this Act shall be triable summarily.
Schedule - Schedule
The Schedule
[See Section 2]
Year
|
No.
|
Short Title
|
|
|
Acts of the Governor-General in Council
|
1859
|
XXV
|
The Madras District Police Act, 1859 (24 of 1859).
|
1861
|
V
[The entry relating to the Burnma Military Police Act, 1887 Omitted by the Indian Independence (Adaptation of Central Acts and Ordinance) Order, 1948.] [xxxx]
|
The Police Act, 1861 (5 of 1861).
|
1888
|
III
|
The Police Act, 1888 (3 of 1888).
|
1892
|
V
|
The Bengal Military Police Act, 1892 (5 of 1892). Madras Act
|
1888
|
III
|
The Madras City Police Act, 1888 (3 of 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 (2 of 1866).
|
1866
|
IV
|
The Calcutta Police Act, 1866 (4 of 1866).
|
1890
|
III
|
The Calcutta Port Act, 1890.
|
1920
[The entry relating to the Burnma Military Police Act, 1887 Omitted by the Indian Independence (Adaptation of Central Acts and Ordinance) Order, 1948.] [xxxx]
|
II
|
a
The Eastern Frontier Rifles (Bengal Battalion) Act, 1920 (2 of 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.
|
|
