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Bengal Presidency - Section

Section 62A in The Calcutta Police Act, 1866

62A. Power of Commissioner and other officers to give directions to the public

(1)The Commissioner of Police and, subject to the orders of the Commissioner of police, every Police-officer of a rank not inferior to that of Sub-Inspector, may with a view to securing the public safety or convenience, but not so as to contravene any rule made under the last foregoing section or the provisions of any licence granting under any such rule give all such directions, either orally or in writing, as he may consider necessary to--
(a)secure the orderly conduct of persons constituting processions and assemblies in the streets;
(b)prescribe the routes by which and the times at which any such procession may, or may not, pass;
(c)prevent obstructions on the occasion of all processions and assemblies and in the neighbourhood of all places of worship during the time of public worship, and in all cases when any street or public place or place of public resort may be thronged or liable to be obstructed;
(d)keep order on and in all streets, quays, wharves and landing-places, and all other public places of places of public resort;
(e)regulate and control music, the beating of drums, tom-toms and other instruments, and the blowing or sounding of horns or other noisy instruments, in any street or any public place other than public buildings and the precincts thereof.
(2)The Commissioner of Police may also, subject of the control of the State Government, whenever and for such time as he may consider it necessary to do so for the preservation of the public peace or public safety, by notification, publicly promulgated or addressed to individuals, prohibit--
(i)the carrying of swords, spears, bludgeons, guns or other offensive weapons in any public place;
(ii)the carrying, collection and preparation of stones or other articles intended to be used as missiles, or of instruments or means of casting or impelling missiles;
(iii)the exhibition of persons, corpses, figures or effigies in any public place; and
(iv)the public utterance of cries, singing of songs or playing of music.
(3)The Commissioner of Police may also, subject to the control of the State Government, whenever and for such as he may consider necessary, by notification publicly promulgated or addressed to individuals, prohibit the delivery of public harangues, the use of gestures, or mimetic representations, and the preparation, exhibition or dissemination of pictures, symbols, placards or any other object or thing which--
(i)may be of a nature to outrage morality or decency, or
(ii)are likely, in the opinion of the Commissioner of Police, to inflame religious animosity or hostility between different classes, or to incite to the commission of an offence, to a disturbance of the public peace or to resistance to, or contempt of, the law or lawful authority.
(4)The Commissioner of Police may also, by order in writing, prohibit any procession or public assembly, whenever and for so long as he considers such prohibition to be necessary for the preservation of the public safety:Provided that no such prohibition shall remain in force for more than seven days without the sanction of the State Government.
(5)The Commissioner of Police may also, subject to the orders of the State Government, by public notice, temporary reserve for any public purpose any street or public place, and prohibit persons from entering the area so reserved save under such conditions as may be prescribed by the Commissioner of Police.
(6)Whoever contravenes any direction, order or prohibition lawfully given or made under this section shall be liable,--
(i)if the direction, order or prohibition were given or made under sub-section (1) or sub-section (5)--to fine which may extend to one hundred rupees; or
(ii)if the prohibition were made under the sub-section (2), sub-section (3) or sub-section (4)--to imprisonment, with or without hard labour, for a term which may extend to one month, or to fine which may extend to one hundred rupees, or to both.