Section 2 in THE BOMBAY PUBLIC SECURITY MEASURES ACT, 1947
2. Power to make orders detaining or restricting movements or actions of persons
[3][(A1) Any police officer not below the rank of the Superintendent of Police in Greater Bombay or the Deputy Superintendent of Police elsewhere, authorized in this behalf by the Provincial Government by general or special order may, if he is satisfied that any person is acting or is likely to act in a manner prejudicial to the public safety, the maintenance of public order or the tranquility of the Province or any part thereof, arrest or cause to be arrested such person without warrant and direct that he shall be committed to such custody as such officer may deem fit for a period not exceeding fifteen days; and such police officer shall forthwith report the fact of such arrest to the Provincial Government.](1)The Provincial Government may, if it is satisfied that any person [4][including a person arrested under sub-section (A1), was acting, is acting or is likely to act] in a manner prejudicial to the public safety, the maintenance of public order, or the tranquility of the Province or any part thereof, make an order?(a)directing that he be detained;(b)directing that, except in so far as he may be permitted by the provisions of the order, or by such authority or person as may be specified therein, he shall not be in any such area or place in the Province as may be specified in the order;(c)requiring him to reside or remain in such place or within such area in the Province as may be specified in the order and, if he is not already there, to proceed to that place or area within such time as may be specified in the order;(d)requiring him to notify his movements or to report himself or to do both in such manner, at such times and to such authority or person, as may be specified in the order;(e)imposing upon him such restrictions as may be specified in the order, in respect of his employment or business or association or communication with other persons, and in respect of his activities in relation to the dissemination of news or propagation of opinion;(f)prohibiting or restricting the possession or use by him of any such article or articles as may be specified in the order.(2)An order made under sub-section (1) may require the person in respect of whom it is made to enter into a bond, with or without sureties, for the due observance of the restrictions or conditions specified in the order.[5][(2A) When any person is detained under an order made under clause (a) of sub-section (1), the Provincial Government may, notwithstanding anything contained in sub-section (1), in lieu of such order make any such order as is described in clause (b), (c) or (d) of the said sub-section.](3)If any person is found in any area or place in contravention of an order made under the provisions of this section, or fails to leave any area or place in accordance with the requirements of such order, he may, without prejudice to the provisions of sub-section (6), be removed by any police officer from such area or place.(4)So long as there is in force in respect of any person an order under clause (a) of sub-section (1), he shall be liable to be removed to, and detained in, such place and under such conditions, including conditions as to maintenance, discipline and punishment for breaches of discipline, as the Provincial Government may from time to time by general or special order specify.(5)If the Commissioner of Police, Bombay, or the District Magistrate, or the Additional District Magistrate has reason to believe that a person in respect of whom an order has been made under clause (a) of sub-section (1) has absconded or is concealing himself or is otherwise delaying or frustrating the execution of the order, he may?(a)make a report in writing of the fact to a Presidency Magistrate or a Magistrate of the first class, as the case may be, having jurisdiction in the place where the said person ordinarily resides; and thereupon the provisions of sections 87, 88 and 89 of the Code of Criminal Procedure, 1898 (V of 1898), hereinafter referred to as the Code, shall apply in respect of the said person and his property as if the order directing that he be detained were a warrant issued by the Magistrate, or(b)by a direction notified in the Official Gazette, require the said person to appear before him at such place, and within such period, as may be specified in the direction; and if the said person fails to comply with such direction he shall, unless he proves that it was not possible for him to comply with it and that he had within the period specified in it, informed the Commissioner of Police, or the District Magistrate, or the Additional District Magistrate, as the case may be, of his whereabouts and of the reasons which rendered compliance with it impossible be punishable, on conviction, with imprisonment for a term which may expend to one year, or with fine, or with both.(6)If any person contravenes any order made under this section he shall, on conviction, be punishable with imprisonment for a term which may extend to one year or with fine, or with both, and if such person has entered into a bond in pursuance of the provisions of sub-section (2), his bond shall be forfeited, and any person bound thereby shall pay the penalty thereof or show cause to the satisfaction of the Court why such penalty should not be paid.
