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State of West Bengal - Section

Section 12 in The West Bengal Prohibition Of Smoking And Spitting And Protection Of Health Of Non-Smokers And Minors Act, 2001.

12. Power to arrest without warrant.

(1)The driver, or the conductor, of a passenger vehicle in whose presence a person commits an offence punishable under section 6, may request such person to desist from smoking, and if such person fails to comply with the request, any authorised officer or any police officer not below the rank of Sub-Inspector, may arrest such person without warrant.
(2)No suit, prosecution or other legal proceeding shall lie against an authorised officer or a police officer for any arrest made in good faith under sub-section (1).