• 1. Short title, extent and commencement
    • 2. Definition
    • 3. Penalty for causing disaffection, etc
    • 4. Saving of acts done by police associations and other persons for certain purposes
    • 5. Sanction to trial of offences by subordinate Courts
    • 6. Trial of cases

The Police (Incitement To Disaffection) Act, 1922

(22 of 1922)

151



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:

1. Short title, extent and commencement .(1) This Act may be called The Police (Incitement to Disaffection) Act , 1922.

[(2) It extends to the whole of India, except [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.

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.

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 [- – -] the Government establishment by law in [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. Expression 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.

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 purpose of promoting the welfare or interests of any member of a police force by inducing him to withhold his services in any manner authorised by law; or

(b) by or on behalf of any association formed for the purpose of furthering the interests of members of a police force as such, where the association has been authorised or recognised by the Government and the act done is done under any rules or articles of the association which have been approved by the Government.

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, [- – -] of the Commissioner of Police.

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 (5 of 1898)] no offence under this Act shall be triable summarily.

Section 7

THE SCHEDULE

(See section 2)

Year No. Short title
Acts of the Governor-General in Council
1859 XXIV The Madras District Police Act, 1859
1861 V The Police Act, 1861
[- – -]
1888 III The Police Act, 1888
1892 V The Bengal Military Police Act, 1892
Year No. Short title
Madras Act
1888 III The Madras City Police Act, 1888
Bombay Acts
1890 IV The Bombay District Police Act, 1890
1902 IV The City of Bombay Police Act, 1902
Bengal Acts
1866 II The Calcutta Suburban Police Act, 1866
1866 IV The Calcutta Police Act, 1866
1890 III The Calcutta Port Act, 1890
1920 II The Eastern Frontier Rifles (Bengal Battalion) Act, 1920
[- – -] Assam Act
1920 I The Assam Rifles Act, 1920
Regulation by the Governor-General in Council
1888 II The Andaman and Nicobar Islands Military Police Regulation, 1888.

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