Section 1 : Police (Incitement To Disaffection) Act 1922
The Police (Incitement To Disaffection) Act 1922
(22 of 1922)
Statement of Objects and Reasons :
In view of the attempts that have been made and are being made (a) by means of threats, intimidation and otherwise to induce members of the police-force to refrain from doing their duty, and (b) to spread disaffection among them, the Government of India have for some time had under consideration the question of penalising such attempts. Neither the Indian Penal Code nor the Indian Police Act, 1861, contains provisions to meet this evil. A prosecution could doubtless in certain cases be instituted under section 29 of the Indian Police Act, 1861, read with the abetment sections of the Indian Penal Code, but section 29 of the Police Act was designed to meet ordinary breaches of discipline, and would not cover many dangerous forms of tampering with the police. Moreover, the maximum punishment permissible under that section, viz., three months' rigorous imprisonment is manifestly inadequate for serious offences of this nature. The Government of India are accordingly of opinion that the authorities should be given additional means of dealing with this form of crime, and it is proposed, therefore, to eiact the attached Bill, which has been framed on the lines of section 3 of the English Police Act of 1919 (9 and 10 Geo. V. Ch. 46).
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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.
1.[(2) It extends to the whole of India, except 2.[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.
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1. Substituted by A.O. 1950, for sub-Section (2).
2. Substituted for "Part B States" by the Adaptation of Laws (No.3) Order, 1956.
State Amendments :
[Andhra Pradesh] :
In its application to the State of Andhra Pradesh, in Section 1, sub-Section (2), after the expression except the territories which immediately before the 1st November, 1956, were comprised in Part B States, add other than the territories specified in sub-section (1) of section 3 of the States Reorganisation Act, 1956.Andhra Pradesh Act 23 of 1958, Section 3 and Sch.
[Gujarat] :
Same as that of Maharashtra.Gujarat Act 11 of 1960, Section 87.
[Madhya Pradesh] :
In its application to the State of Madhya Pradesh, in Section 1,
(i) in sub-Section (2), after the words Part B States, add other than the Madhya Bharat and Sironja regions of the State of Madhya Pradesh.
(ii) for sub-Section (3), substitute the following sub-section, namely:
(3) It shall be in force in all such areas in Madhya Pradesh in which it was in force immediately before the commencement of Madhya Pradesh Second Extension of Laws Act, 1961 (40 of 1961), and shall come into force in other areas, on such date as the State Government may, by notification, appoint.Madhya Pradesh Act 40 of 1961.
[Maharashtra] :
In its application to the State of Maharashtra, in Section 1,
(i) to sub-Section (2), add the following proviso, namely:
Provided that on the commencement of the Police (Incitement to Disaffection) (Bombay Extension and Amendment) Act, 1958, it shall extend to the Saurashtra and Hyderabad areas of the State of Bombay.
(ii) to sub-Section (3), add the following proviso, namely:
Provided that on the commencement of the Police (Incitement to Disaffection) (Bombay Extension and Amendment) Act, 1958, it shall come into force in that part of the Saurashtra area of the State of Bombay in which the Police (Incitement to Disaffection) Act, 1922, as modified and applied to that area by the State of Saurashtra (Application of Central and Bombay Acts) Ordinance 1948, was in force immediately before such commencement.Bombay Act 77 of 1958, Section 3.
[Meghalaya] :
In its application to the State of Meghalaya, in Section 1, sub-Section (3) shall be omitted.Meghalaya A.L.O. (No. 1) Order, 1974 (w.r.e.f. 21-1-1972).
[Tamil Nadu] :
In its application to the added territories in the State of Madras, in sub-Section (2) of Section 1, the words other than the territories specified in sub-section (1) of section 3 of the States Reorganisation Act, 1956 shall be omitted.Madras (Added Territories) A.L.O., 1961.
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