JAMMU AND KASHMIR POLICE ACT, 1983

PREAMBLE

What is the full title of the Act?

The Police Act, 1983 (1927 A.D.), Act No. II of Samvat 1983.

When was The Police Act, 1983 sanctioned?

By Highness the Maharaja Bahadur in Council, vide State Council Resolution No. CXII, dated 29th January, 1927.

When was The Police Act, 1983 published?

In the Government Gazette dated 22nd Chet, 1983.

What is the main purpose of The Police Act, 1983?

To reorganize the police and make it a more efficient instrument for the prevention and detection of crime.

Who enacted The Police Act, 1983?

The State Legislature (as sanctioned by the Maharaja Bahadur in Council).

What does section 1 deals with?

It deals with the Short title

What is the short title of the Act?

The Police Act, 1983.

What does section 2 deals with?

It deals with Commencement

When does The Police Act, 1983 come into force?

On and from the date of its third publication in the Jammu and Kashmir Government Gazette.

What does section 3 deals with?

Repeal

Which Act is repealed by Section 1(3) of The Police Act, 1983?

The Police Act No. I of 1905.

Does the repeal affect actions taken under the old Police Act?

No, consistent actions under the old Act are deemed valid under the new Act.

What does Section 4 of The Police Act, 1983 deal with?

Interpretation of words and expressions used in the Act.

Who is meant by “District Magistrate” under this Act?

The chief officer charged with the executive administration of a district exercising the powers of an Executive Magistrate.

Who is included in the term “Magistrate”?

All persons within the general police district exercising all or any powers of a Magistrate.

Who is included in the term “police”?

All persons enrolled under this Act.

What does “general police district” mean?

The local area within the State in which this Act is ordered to take effect.

Who is included in the terms “Superintendent” or “Superintendent of police”?

Any Assistant Superintendent or person appointed by general or special order of the Government to perform duties of a Superintendent of Police in any district or part of a district.

What does the term “property” include under this Act?

Any movable property, money, or valuable security.

How are singular and plural numbers interpreted under this Act?

Singular includes plural and plural includes singular.

How is gender interpreted under this Act?

Words importing masculine gender include females.

What does the word “person” include?

A company or corporation.

How is the word “month” defined under this Act?

A Hindi calendar month.

What does the term “cattle” include under this Act?

Horned cattle, elephants, camels, horses, asses, mules, sheep, goats, and swine.

What does Section 5 of The Police Act, 1983 deal with?

Constitution of the police force.

How is the police force constituted under Section 5?

The entire police establishment under the general police district is deemed to be one police force and shall be formally enrolled.

Who decides the number of officers and men in the police force?

The Government.

Who determines the manner of constitution of the police force?

The Government.

Who decides the pay of the members of the police force?

The Government.

Is the constitution of the police force permanent or subject to change?

It can be altered from time to time by the Government.

Does Section 5 apply to the entire police establishment in a general police district?

Yes, it applies to the entire police establishment in that district.

What does Section 6 of The Police Act, 1983 deal with?

Superintendence in the Government.

Can any person, court, or officer appoint or control police functionaries under this Act?

No, except as authorized by this Act.

Who retains the powers of superintendence and control over the police?

The Government.

Does Section 6 restrict the Government’s powers in any way?

No, it does not affect the powers of the Government.

Is unauthorized interference in police appointments or control permitted?

No, it is prohibited under this section.

What does Section 7 of The Police Act, 1983 deal with?

Inspector General of Police, etc.

Who is vested with the administration of the police throughout the general police district?

An officer styled the Inspector General of Police, along with Deputy Inspectors General and Assistant Inspectors General as specified by the Government.

Who administers the police in the local jurisdiction of the District Magistrate?

The Superintendent of Police, under the general control and direction of the District Magistrate, with Assistant and Deputy Superintendents as necessary.

Who appoints the Inspector General and Superintendents of Police?

The Government.

Who can remove the Inspector General and Superintendents of Police?

The Government.

Who appoints Assistant Superintendents and Deputy Superintendents of Police?

The Government.

Who can remove Assistant Superintendents and Deputy Superintendents?

The Government.

Can the Government appoint additional officers as Deputy or Assistant Inspectors General?

Yes, for discharging functions assigned by the Inspector General of Police.

Under whose authority do Deputy and Assistant Inspectors General perform their functions?

Under the Inspector General of Police as assigned by him.

Is the Superintendent of Police independent of the District Magistrate?

No, the Superintendent works under the general control and direction of the District Magistrate.

What does Section 8 of The Police Act, 1983 deal with?

Appointment, dismissal, suspension, and punishment of inferior police officers.

Who can dismiss, suspend, or reduce police officers of subordinate rank?

Inspector General, Deputy Inspectors General, Assistant Inspectors General, and Superintendents of Police.

Under what conditions can subordinate officers be dismissed or punished?

If they are remiss, negligent, or unfit in the discharge of their duties.

What are the punishments available under Section 8 for subordinate police officers?

(a) Fine up to one month’s pay, (b) Confinement to quarters up to fifteen days with or without drill, extra guard, fatigue, or other duty, (c) Deprivation of good conduct pay, (d) Removal from any office of distinction or special emolument.

Are these powers subject to any rules or provisions?

Yes, subject to Section 126 of the Constitution of Jammu and Kashmir and rules made by the Government under this Act.

Can the dismissal or punishment be applied for acts of negligence only?

Yes, or for any act rendering the officer unfit for duty.

Is the authority to punish limited to financial penalties only?

No, it includes confinement, deprivation of pay, or removal from office as well.

What does Section 9 of The Police Act, 1983 deal with?

Certificate issued to police officers and its effects.

Who receives a certificate under Section 9?

Every police officer appointed to the Police Force, other than officers mentioned in Section 7.

Who issues the certificate to a police officer?

The Inspector General of Police or an officer appointed by him.

What is the purpose of the certificate?

To vest the holder with the powers, functions, and privileges of a Police Officer.

When does the certificate cease to have effect?

Whenever the person named in it ceases to be a Police Officer.

What must a police officer do with the certificate upon ceasing to be a Police Officer?

Forthwith surrender it to any officer empowered to receive it.

Does suspension from office terminate the status of a Police Officer?

No, suspension puts powers, functions, and privileges in abeyance, but the officer remains subject to responsibilities, discipline, and penalties.

Can a suspended officer exercise police powers during suspension?

No, the powers, functions, and privileges are in abeyance during suspension.

What does Section 10 of The Police Act, 1983 deal with?

Restrictions on resignation of police officers.

Can a police officer resign at any time without permission?

No, a police officer cannot resign without leave from the Superintendent or an authorized officer.

What is the minimum notice period required for resignation?

Two months’ written notice to the superior officer.

Who can grant permission for a police officer to withdraw from duties?

The Superintendent or another officer authorized to grant such permission.

Is verbal notice sufficient for resignation under Section 10?

No, the notice must be in writing.

Does Section 10 apply to all police officers under this Act?

Yes, it applies to all police officers.

What does Section 11 of The Police Act, 1983 deal with?

Police officer not to resign without leave or two months’ notice.

Can a police officer take up another job while in service?

No, a police officer cannot engage in any other employment or office.

Is there any exception to this rule?

Yes, if expressly permitted in writing by the Inspector General.

Who has the authority to allow a police officer to take other employment?

The Inspector General of Police.

Does this restriction apply to all ranks of police officers?

Yes, it applies to all police officers under this Act.

What does Section 12 of The Police Act, 1983 deal with?

Power of the Inspector General of Police to make rules for the police force.

Who can frame orders and rules under this section?

The Inspector General of Police, subject to the approval of the Government.

What areas can the Inspector General make rules about?

Organisation, classification, and distribution of the police force; places of residence of members; services to be performed; inspection; arms, accoutrements, and other necessaries; collecting and communicating intelligence; and other rules to prevent abuse or neglect of duty.

What is the purpose of framing these rules?

To prevent abuse or neglect of duty and to render the police force efficient in discharging its duties.

Does the Inspector General need approval to make these rules?

Yes, the rules require the approval of the Government.

Can these rules cover all aspects of police administration?

Yes, any aspect deemed expedient by the Inspector General for efficiency and discipline.

What does Section 13 of The Police Act, 1983 deal with?

Deployment of additional police officers at the request and cost of individuals.

Who can deputise additional police officers under this section?

The Inspector General of Police, any Deputy Inspector General, or the Superintendents, subject to the general direction of the District Magistrate.

On what basis can additional police officers be deputed?

On the application of any person showing the necessity thereof.

Who has command over the additional police officers once deputed?

The Superintendent of Police.

Who bears the cost of the additional police officers?

The person making the application.

Can the applicant withdraw the deputed police officers?

Yes, by giving one month’s written notice to the Inspector General, Deputy Inspector General, or Superintendent.

From when is the applicant relieved of the cost after giving notice?

From the expiration of the one-month notice period.

Is the deployment limited to the general police district?

Yes, it is within the general police district.

What does Section 14 of The Police Act, 1983 deal with?

Appointment of additional force in the neighbourhood of railway and other works.

Who can deputise additional police officers under this section?

The Inspector General of Police, with the sanction of the Government.

Under what circumstances can additional police be deployed?

When the behaviour or reasonable apprehension of behaviour of persons employed on such works renders it necessary.

Who approves the payment for the additional force?

The person having control or custody of the funds for carrying on the work, manufactory, or concern, as ordered by the Inspector General.

How long can the additional force be employed?

As long as the necessity for their employment continues.

Is sanction from the Government required for deputation?

Yes, the Inspector General must obtain the Government’s sanction.

What does Section 15 of The Police Act, 1983 deal with?

Quartering of additional police in disturbed or dangerous districts and apportioning the cost.

Who can declare an area as disturbed or dangerous?

The Government, by a proclamation notified in the Jammu and Kashmir Gazette.

On what grounds can an area be declared disturbed or dangerous?

If the area is in a disturbed or dangerous state or if the conduct of inhabitants or any section makes it expedient to increase police numbers.

Who can deploy additional police to such areas?

The Inspector General of Police or other officer authorised by the Government.

Who bears the cost of the additional police force?

The inhabitants of the area described in the proclamation, subject to sub-section (5).

Who decides how the cost is apportioned among inhabitants?

The District Magistrate, after making such enquiry as deemed necessary.

How is the cost apportioned among the inhabitants?

According to the Magistrate’s judgment of the respective means of such inhabitants.

Who can declare an area as disturbed or dangerous?

The Government, by a proclamation notified in the Jammu and Kashmir Gazette.

On what grounds can an area be declared disturbed or dangerous?

If the area is in a disturbed or dangerous state or if the conduct of inhabitants or any section makes it expedient to increase police numbers.

Who can deploy additional police to such areas?

The Inspector General of Police or other officer authorised by the Government.

Who bears the cost of the additional police force?

The inhabitants of the area described in the proclamation, subject to sub-section (5).

Who decides how the cost is apportioned among inhabitants?

The District Magistrate, after making such enquiry as deemed necessary.

How is the cost apportioned among the inhabitants?

According to the Magistrate’s judgment of the respective means of such inhabitants.

Can any inhabitants be exempted from bearing the cost of additional police?

Yes, the Government may, by order, exempt any person or class/section of inhabitants from liability.

Who decides the duration of the proclamation for disturbed or dangerous districts?

The Government specifies the period for which the proclamation remains in force.

Can the proclamation be withdrawn or extended?

Yes, it may be withdrawn at any time or continued for further periods as the Government thinks fit.

Who are considered 'inhabitants' for the purposes of apportioning cost?

Persons who occupy or hold land or property themselves or via agents/servants, and landlords collecting rent directly from ryots or occupiers, even if they do not reside in the area.

What does Section 16 of The Police Act, 1983 deal with?

Awarding compensation to sufferers from misconduct of inhabitants or persons interested in land.

Who can apply for compensation under this section?

Any inhabitant of the area who claims to have suffered injury from such misconduct.

Within what time frame must the application for compensation be made?

Within one month from the date of injury, or a shorter period as may be prescribed.

To whom is the application for compensation submitted?

To the District Magistrate or Sub-Divisional Magistrate within whose jurisdiction the area is situated.

Who declares the persons entitled to compensation and fixes the amount?

The District Magistrate, with the sanction of the Government, after making necessary enquiries.

Does it matter whether additional police have been quartered in the area?

No, compensation can be awarded regardless of whether additional police were quartered.

What conditions must be satisfied for the Magistrate to declare and assess compensation?

The injury must arise from a riot or unlawful assembly, and the person suffering the injury must be free from blame in the occurrences leading to it.

How is the compensation amount distributed and paid?

The Magistrate decides the amount, manner of distribution, and assesses the proportion to be paid by other liable inhabitants not exempted.

Can any inhabitants be exempted from paying compensation?

Yes, the Government may, by order, exempt any person or class/section of inhabitants from liability to pay any portion of the compensation.

Can the District Magistrate’s declaration or assessment be challenged?

Yes, it is subject to revision by the Government, but otherwise it is final.

Can a civil suit be filed for the same injury after compensation is awarded?

No, no civil suit shall be maintainable in respect of any injury for which compensation has been awarded under this section.

What is the meaning of “inhabitants” for this section?

Same as in Section 15 – includes persons occupying or holding land/property themselves or via agents/servants, and landlords collecting rent directly from ryots or occupiers, even if not residing in the area.

What does Section 17 deal with?

Recovery of moneys payable under Sections 13, 14, 15, and 16 and the disposal of such moneys.

Who recovers the moneys payable under these sections?

The District Magistrate.

By what methods can moneys be recovered?

Either in the manner provided by Sections 386 and 387 of the Code of Criminal Procedure for fines, or by suit in any competent Court.

Where are moneys recovered under Sections 13, 14, and 15 credited?

To "The General Police Fund."

What is the purpose of "The General Police Fund"?

It is applied to the maintenance of the Police force under orders of the Government.

How are moneys recovered under Section 16 disposed of?

Paid by the District Magistrate to the persons entitled, in the proportions specified under Section 16.

What does Section 18 of The Police Act, 1983 deal with?

Appointment of Special Police Officers.

When can Special Police Officers be appointed?

When the ordinary Police force is insufficient to preserve peace, protect inhabitants, and secure property.

Who can apply for the appointment of Special Police Officers?

Any Police officer not below the rank of Inspector.

To whom is the application for Special Police Officers made?

To the nearest Magistrate.

Who decides whether the application for Special Police Officers is approved?

The Magistrate must comply with the application unless he sees cause to the contrary.

Who can be appointed as Special Police Officers?

Residents of the neighbourhood where the unlawful assembly, riot, or disturbance has occurred or is apprehended.

For how long and within what limits can Special Police Officers act?

For such time and within such limits as the Police officer applying deems necessary.

What does Section 19 deal with?

Powers of Special Police Officers.

What powers do Special Police Officers have?

They have the same powers, privileges, and protection as ordinary Police officers.

What duties are Special Police Officers required to perform?

The same duties as ordinary Police officers.

Are Special Police Officers subject to penalties?

Yes, they are amenable to the same penalties as ordinary Police officers.

To whom are Special Police Officers subordinate?

To the same authorities as ordinary Police officers.

What does Section 20 deal with?

Refusal to serve as Special Police Officers.

What happens if a person appointed as a Special Police Officer neglects or refuses to serve without sufficient excuse?

He shall be liable to a fine upon conviction.

Who can impose the fine for neglect or refusal to serve as a Special Police Officer?

A Judicial Magistrate.

What is the maximum fine for neglect, refusal, or disobedience as a Special Police Officer?

Fifty rupees for every such neglect, refusal, or disobedience.

What does Section 21 deal with?

Authority to be exercised by Police officers.

What authority can Police officers exercise under this Act?

Only the authority provided for a Police officer under this Act and any law for the time being in force for regulating criminal procedure.

Can Police officers exercise authority beyond what is provided under this Act or other applicable laws?

No, they cannot exercise any authority beyond what is legally provided.

What does Section 22 deal with?

Village Police Officers.

Does this Act automatically apply to hereditary or other Village Police officers?

No, it does not affect them unless they are enrolled as Police Officers under this Act.

What happens when a Village Police officer is enrolled under this Act?

He becomes bound by the provisions of Section 21 regarding authority of Police officers.

Can a hereditary or other Village Police officer be enrolled without consent?

No, enrollment requires the consent of the officer and those who have the right of nomination.

What does Section 23 deal with?

Police officers always on duty and their deployment within the district.

Are Police officers ever off duty under this Act?

No, every Police officer is considered always on duty for all purposes under this Act.

Can a Police officer be employed in any part of the general police district?

Yes, a Police officer may be employed at any time in any part of the general police district.

What does Section 24 deal with?

Duties of Police officers.

What are the primary duties of every Police officer under this section?

To promptly obey and execute all lawful orders and warrants issued by competent authorities.

What intelligence-related duty is assigned to Police officers?

To collect and communicate intelligence affecting public peace.

What preventive duties do Police officers have?

To prevent the commission of offences and public nuisances.

What investigative duties do Police officers have?

To detect and bring offenders to justice and apprehend persons they are legally authorized to apprehend with sufficient grounds.

Can Police officers enter places without a warrant?

Yes, for the purposes mentioned in this section, they can enter and inspect any drinking shop, gaming house, or other place frequented by loose and disorderly characters.

What does Section 25 deal with?

Powers of Police officers to lay information etc.

What is lawful for a Police officer under this section?

To lay any information before a Magistrate.

What legal processes can a Police officer apply for under this section?

Summons, warrant, search-warrant, or any other legal process against a person committing an offence.

What does Section 26 deal with?

Duties of Police officers in taking charge of unclaimed or ownerless property and reporting to Magistrates.

What is the duty of a Police officer regarding unclaimed property?

To take charge of all unclaimed or ownerless property and prepare an inventory of it.

To whom must the inventory be furnished?

To the District Magistrate, Sub-Divisional Magistrate, or other Executive Magistrate of the 1st class having jurisdiction.

How should the inventory be prepared?

If possible, in the presence of two respectable persons of the locality.

What does Section 27 deal with?

Powers of Magistrates to detain unclaimed property, issue proclamations, and handle claims.

What can a Magistrate do upon receiving unclaimed property?

Detain the property and issue a proclamation specifying the articles and requiring claimants to appear within six months.

Which law applies to the property under this section?

Section 525 of the Code of Criminal Procedure, 1989.

What happens if a claim is made within the proclamation period?

The Magistrate may make an order regarding disposal of the property or proceeds, or delivery to the rightful claimant.

What does Section 28 deal with?

Confiscation and disposal of unclaimed property if no claimant appears.

What happens if no person claims the property within the allowed period?

The property may be sold under the orders of the Magistrate, if not already sold under Section 27.

What happens to the proceeds of such property?

The proceeds shall be deposited in the State Treasury for two years.

What if a suit claiming the property or proceeds is filed within two years?

The order of the competent Civil Court regarding disposal of the property or proceeds must be complied with.

What happens if no suit is filed within two years?

The deposit shall lapse and remain at the disposal of the Government.

What does Section 29 deal with?

It deals with the persons refusing to deliver up certificate etc., on ceasing to be Police officer.

Who is covered under this section?

Every person who has ceased to be an enrolled Police Officer under this Act.

What must such a person do upon ceasing to be a Police Officer?

He must forthwith deliver up: (i) his certificate of appointment, and (ii) the clothing, accoutrements, appointments, and other necessaries supplied to him for the execution of his duties.

What happens if he fails to comply?

He shall be liable on conviction before a Judicial Magistrate to a penalty not exceeding Rs. 200, or imprisonment for a period not exceeding six months, or to both.

What does Section 30 deal with?

It deals with penalties for neglect of duty etc.

Who is covered under this section?

Every Police Officer enrolled under this Act.

What acts make a Police Officer liable under this section?

(i) Violation of duty, (ii) Wilful breach or neglect of any rule or lawful order, (iii) Withdrawing from duties without permission, (iv) Failing to report for duty after leave without reasonable cause, (v) Engaging without authority in employment other than police duty, (vi) Showing cowardice, (vii) Offering unwarrantable personal violence to any person in custody.

What is the penalty for contravention?

On conviction before a Judicial Magistrate, the Police Officer may be liable to a penalty not exceeding three months’ pay, or imprisonment for up to three months, or both.

What does Section 31 deal with?

It deals with the regulation of public assemblies and processions, and the licensing of the same.

Who is empowered to regulate assemblies and processions?

The Superintendent or Assistant Superintendent of Police.

What powers does the Superintendent or Assistant Superintendent have regarding assemblies and processions?

He may direct the conduct of all assemblies and processions on public roads, streets, or thoroughfares, prescribe their routes and times, require a licence for assemblies or processions likely to cause a breach of peace, issue licences with conditions, and regulate the use of music on streets during festivals and ceremonies.

Is there any fee for applying for or obtaining a licence under this section?

No, no fee shall be charged for the application for, or grant of, any such licence.

What does section 32 deal with?

It deals with the powers regarding assemblies or processions violating conditions of a licence.

Who is empowered to act under this section?

Any Executive Magistrate, Superintendent of Police, Assistant Superintendent of Police, Deputy Superintendent of Police, Inspector of Police, or any Police officer in charge of a station.

What can these officers do if a procession or assembly violates licence conditions?

They may stop the procession or assembly and order it to disperse.

What happens if a procession or assembly refuses to obey such an order?

It shall be deemed to be an unlawful assembly.

What does section 33 deal with?

It deals with the duty of police to keep order in public roads.

What is the duty of the police under this section?

To keep order and prevent obstructions on occasions of assemblies and processions on public roads and streets.

Where else must the police maintain order according to this section?

In the neighbourhood of places of worship during public worship and anywhere roads, streets, thoroughfares, ghats, or landing places may be thronged or liable to obstruction.

What does section 34 deal with?

It deals with the penalty for disobeying orders issued under the last three sections.

Who is liable under this section?

Every person opposing or not obeying the orders issued under sections 31, 32, or 33, or violating conditions of a licence granted by the Superintendent or Assistant Superintendent of Police.

What is the penalty for such disobedience or violation?

On conviction before a Judicial Magistrate, the person shall be liable to a fine not exceeding two hundred rupees.

What does section 35 deal with?

It deals with the saving of control of the District Magistrate.

Does this section limit the powers of the District Magistrate?

No, nothing in sections 31, 32, or 33 shall be deemed to interfere with the general control of the District Magistrate.

What does section 36 deal with?

It deals with punishment for certain offences on roads etc. powers of police officers in such cases.

Where does this section apply?

It applies within the limits of any town to which this section is specially extended by the Government.

What offences are covered under this section?

Any act causing damage to residents or passengers on roads, open places, streets, or thoroughfares as specified by the Government.

What punishment can be imposed on conviction?

A fine not exceeding two hundred rupees, or imprisonment not exceeding eight days, or both.

What powers do Police officers have under this section?

Any Police officer may take into custody, without a warrant, any person who commits any of the offences in his view.

What powers do Police officers have under this section?

Any Police officer may take into custody, without a warrant, any person who commits any of the offences in his view.

What is the first offence under section 36?

Slaughtering cattle, cleaning any carcass, riding or driving any cattle or vehicle recklessly or furiously, or training/breaking any horse or other cattle.

What is the second offence under section 36?

Cruelty to animals, including wantonly or cruelly beating, abusing, or torturing any animal.

What is the third offence under section 36?

Obstructing passengers by keeping any cattle or conveyance standing longer than required for loading/unloading or taking up/setting down passengers, or leaving any conveyance in a manner causing inconvenience or danger to the public.

What is the fourth offence under section 36?

Exposing goods for sale in public roads, streets, thoroughfares, or open places.

What is the fifth offence under section 36?

Throwing dirt, filth, rubbish, stones, or building materials into streets, constructing cowsheds or stables, or causing offensive matter to run from any house, factory, dung-heap, or the like.

What is the sixth offence under section 36?

Being found drunk, riotous, or incapable of taking care of oneself.

What is the seventh offence under section 36?

Indecent exposure of the person, offensive deformities, or diseases, or committing a nuisance by easing oneself, bathing, or washing in any tank or reservoir not set apart for that purpose.

What is the eighth offence under section 36?

Neglecting to fence or protect any well, tank, or other dangerous place or structure.

37. Omitted- by Act XIV of 1960

What does section 38 deals with?

Power to prosecute under other law not effected.

Does this Act prevent prosecution under other laws for the same act?

No, nothing in this Act prevents prosecution under any other Act or law for an offence made punishable by this Act.

Can a person be punished twice for the same offence under this section?

No, no person shall be punished twice for the same offence.

What does section 39 deal with?

It deals with rewards payable to police officers and informers.

What happens to rewards payable to informers when the information is laid by a police officer?

The rewards shall be paid to the credit of the State under the Head “Police”.

What happens to rewards payable for arrests when the arrest is made by a police officer?

Such rewards shall be paid to the police officer who made the arrest.

What does section 40 deal with?

It deals with the plea that an act was done by a Police officer under the authority of a Magistrate’s warrant.

When can a Police officer plead that an act was done under a warrant?

When any action of prosecution is brought or any proceedings are held against him for any act done in his capacity as a Police officer.

How is such plea proved?

By the production of a warrant directing the act and purporting to be signed by the Magistrate.

What is the effect of producing the warrant?

The Police officer shall be entitled to a decree in his favour, notwithstanding any defect of jurisdiction in the Magistrate.

Is proof of the Magistrate’s signature always necessary?

No, it is only necessary if the Court sees reason to doubt the signature’s authenticity.

Does this section affect the remedy of the party against the authority issuing the warrant?

No, any remedy available to the party against the authority issuing the warrant is not affected by this section.

What does section 41 deal with?

It deals with the duty of Police officers to keep a diary.

Who is responsible for keeping the diary?

Every officer-in-charge of a police station.

What must be recorded in the diary?

All complaints and charges preferred, names of persons arrested, names of complainants, offences charged, weapons or property taken from their possession, and names of witnesses examined.

In what form should the diary be kept?

In such form as shall, from time to time, be prescribed by the Government.

Who can call for and inspect the diary?

The District Magistrate.

What does section 42 deal with?

It deals with the Government's power to prescribe the form of returns.

Who can be directed to submit returns?

The Inspector General and other Police officers.

What can the Government prescribe regarding these returns?

The Government may prescribe the form in which such returns shall be made.

Under what circumstances can the Government direct submission of returns?

Whenever deemed advisable by the Government.

What does Section 43 deal with?

It deals with the scope of the Act.

Does the Act automatically apply to all provinces or places?

No, the Act does not take effect by its own operation in any province or place.

Who has the power to extend the Act to a province or place?

The Government has the power to extend the Act.

How can the Government extend the Act?

By issuing an order published in the Jammu and Kashmir Gazette.

Can the Government extend only a part of the Act?

Yes, the Government may extend the whole or any part of the Act.

When does the Act or its specified portion take effect in a province or place?

It takes effect once the extension order is published specifying the Act or portion thereof.

What does Section 43(2) provide for?

It empowers the Government to make rules after the Act or any part of it has been extended.

When can the Government make rules under this Act?

When the whole or any part of the Act has been extended to a province or place.

How can the Government make rules under Section 43(2)?

By notification in the Jammu and Kashmir Government Gazette.

What is the limitation on the rule-making power under Section 43(2)?

The rules must be consistent with the provisions of this Act.

For what purpose can rules be made under clause (a) of Section 43(2)?

To regulate the procedure to be followed by Magistrates and Police officers in discharging duties imposed by or under the Act.

What matters are covered under clause (b) of Section 43(2)?

It covers the time, manner, and conditions for making compensation claims under Section 16.

What specific aspects of compensation claims can be prescribed under clause (b)?

The particulars of claims, their verification, and the proceedings including local enquiries.

What is the scope of rule-making power under clause (c) of Section 43(2)?

To generally give effect to the provisions of the Act.

What does Section 43(3) state regarding rules made under this Act?

It provides for the treatment of all rules made under this Act may from time to time be amended, added to or cancelled by the Government.

What is the subject matter of Section 44 of the Act?

It deals with the authority of the Superintendent of Police over the Village Police.

Who is empowered under Section 44 to make a declaration regarding authority over Village Police?

The Government is empowered to make such a declaration.

For what purpose can the Government make a declaration under Section 44?

For carrying this Act into effect in any part of the State.

What authority can be transferred under Section 44?

The authority exercised by the District Magistrate over village watchmen or other Village Police officers for police purposes.

To whom can this authority be transferred?

To the Superintendent of Police.

Is the authority of the Superintendent of Police absolute under Section 44?

No, it is subject to the general control of the District Magistrate.

Over whom does the Superintendent of Police exercise authority under Section 44?

Over village watchmen and other Village Police officers.

Does Section 44 completely remove the control of the District Magistrate?

No, the District Magistrate retains general control.