Law4u - Made in India

The Police (Incitement to Disaffection) Act,1922

Year of Passage: 1922 | Type: Bare Act

Section 1 Short title, extent and commencement.

(1) This Act may be called the Police (Incitement toDisaffection) Act, 1922 1[(2)] It extends to the whole of India except 2[the territories which, immediately before the 1stNovember, 1956, were comprised in Part B States].] (3) It shall come into force in any State or part of a State on such date3 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 appointedor 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 doesany act which he knows is likely to cause, disaffection towards 1[***] the Government established by law in 2[India] amongst the members of a police-force, or induces or attempts to induce, or does any actwhich he knows is likely to induce, any member of a police-force to withhold his services or to commit abreach of discipline shall be punished with imprisonment which may extend to six months, or with finewhich may extend to two hundred rupees, or with both Explanation.Expressions of disapprobation of the measures of the Government with a view toobtain their alteration by lawful means, or of disapprobation of the administrative or other action of theGovernment, do not constitute an offence under this section unless they cause or are made for the purposeof causing or are likely to cause disaffection

Section 4 Saving of acts done by police associations and other persons for certain purposes.

Nothingshall 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 byinducing 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 membersof a police-force as such, where the association has been authorised or recognised by the Governmentand the act done is done under any rules or articles of the association which have been approved by theGovernment

Section 5 Sanction to trial of offences by Subordinate Courts.

No Court shall proceed to the trial of anyoffence under this Act except with the previous sanction, or on the complaint, of the District Magistrate or, in the case of a Presidency-town, 1[* * *] of the Commissioner of Police.
PREMIUM OFFLINE ACCESS

Unlock More Sections Offline

Access complete schedules, rules, forms, and recent amendments offline anywhere, anytime. Carry India's entire Bare Act Library in your pocket.

Download Law4u App Available on Android & iOS