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Union of India - Section
Section 151 in The Police (Incitement to Disaffection) Act, 1922
151.
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).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:| This Act came into force in Assam from 25.1.1923,see Assam Gazette, 1923, Pt.II, p.113;in Himachal Pradesh on 1.6.1974, see H.P. Gazette, 29.6.1974, Pt.I, p. 1144;in the Punjab from 13.3.1930, see Punjab Gazette, 1930, Pt.I, p.342;in Bihar and Orissa (including the Sonthal Parganas) from 15.5.1930, see Bihar and Orissa Gazette, Ext., dated 13.5.1930;in the Bombay Presidency from 5.6.1930,see Bombay Gazette, 1930, Pt.I, p. 1934;in the Union territory of Andaman and Nicobar Islands on 1.5.1966, see Andaman and Nicobar Gazette, 30.4.1966. Ext. (No.42);in the Union territory of Delhi on 13.3.1975, see Delhi Gazette, 13.3.1975, Pt.IV, Ext., p. 75 (no. 32);in Madhya Bharat and Sironja regions of M.P. on 1.1.1966, see M.P. Gazette, 31.12.1965, Pt. I..p. 1818;in M.P. on 2.6.1979, see M.P.Gazette 2.6.1979, Ext., p.1927;in the Union territory of Goa, Daman and Diu on 1.2.1965, see Goa Gazette, 14.1.1965, Sl.I, p.3;in the Union territory of Laccadive, Minicoy and Amindivi Islands on 1.10.1967, see Gazette of India, 12.9.1967, Pt.II, Section 3(ii), Ext., p. 1527;in the Union Territory of Pondicherry on 1.8.1968, see Pondicherry Gazette of India, 1.8.1968, Ext.; in West Bengal on 15.9.1976, see Calcutta Gazette, 14.9.1976, Pt.I, Ext., p.2755.">[The Police (Incitement To Disaffection) Act, 1922 has been extended to the new Provinces and merged States by the Merged States (Laws) Act 59 of 1949, Section (w.e.f. 1.1.1950) and to the States of Manipur, Tripura and Vindhya Pradesh by the Union Territories (Laws) Act 30 of 1950, Section 3 (w.e.f. 16.4.1950), Manipur and Tirpura are full-fledged States now, see Act 81 of 1971, Sections 3 and 4, but Vindhya Pradesh is a part of Madhya Pradesh State, see Act 37 of 1956, Section 9.It has been extended to States merged in the State of Madhya Pradesh, see M.P.Act 12 of 1950, Section 3 (w.e.f. 3.4.1950).Madras, see Madras Act 35 of 1949, Section 3 (w.e.f. 1.1.1950).Punjab, see Punjab Acts 5 of 1950, Section 3 (w.e.f. 15.4.1950), 23 of 1960, Section 4 (w.e.f. 30.5.1960).It has been extended to Shahda, Nandurbar and Taloda Talukas of the West Khandesh District; the Dohad Taluka and the Jhalod Mahal of the Panch Mahal District of the State of Bombay, by the Absorbed Areas (Laws) Act 20 of 1954, Section 3 and Sch.II (w.e.f. 30.4.1954).The Act has been made applicable to the members of the Railway Protection Force by the Railway Protection Force Act 23 of 1957, Section 18 and to the supervisory officers and members of the Central Industrial Security Force by the Central Industrial Security Force Act 50 of 1968, Section 19.The Act has also been extended to the whole of the Bhopal State with immediate effect by Notification No. 7/II/1, dated 23.7.1954, published in the Gazette of Bhopal, dated 7.8.1954, P.236.It has been extended to Sikkum by S.O. 529(E), dated 22.7.1983, see Gazette of India, dated 29.7.1983, Pt.II, Section 3(ii), Ext., p.4. Enforced on 1.5.1994, see Sikkim Gazette 21.5.1994, Ext., Pt.I (No.52).This Act has been extended to the Union territory of - (1) Goa, Daman and Diu by Regulation 12 of 1962 (w.e.f. 1.2.1965). (2) Laccadive, Minicoy and Amindivi Islands by Regulation 8 of 1965 (w.e.f. 1.10.1967).(3) Pondicherry by Act 26 of 1968 (w.e.f. 1.8.1968).(4) Dadra and Nagar Haveli as in force in State of Gujarat on 25.4.1978.The Act has been declared in force in the Khondmal District by the Khondmal Laws Regulation 4 of 1936, Section 3 and Sch., and in the Angul District by the Angul Laws Regulation 5 of 1936, Section 3 and Sch.This Regulation has now been repealed by Orissa Act 19 of 1967, Section 2. Angul District under the said Regulation now forms a sub-division of Dhenkanal District of Orissa.The Act has been repealed by Mysore State by the Mysore State Police Act, 1963 (Mysore Act 4 of 1964), Section 178 (w.e.f. 2.4.1965). |