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Executive Powers and Duties of the Police under the The Maharashtra Police Act, 1951

Chapter VI of the document outlines Executive Powers and Duties of the Police
Duties of a Police Officer (Section 64):
  1. Serve summonses, execute warrants, and follow lawful orders.
  2. Gather intelligence on crimes and take steps to prevent or address them.
  3. Prevent public nuisances.
  4. Promptly apprehend individuals with sufficient reason.
  5. Assist other Police Officers when necessary.
  6. Carry out duties imposed by the law.

Power to Enter Places of Public Resort (Section 65):

  1. Police Officers can enter places like drinking shops or places frequented by disorderly individuals without a warrant.
  2. They can inspect these places to maintain public order.

Duties of Police Officers towards the Public (Section 66):

  1. Provide assistance to disabled or helpless individuals in public.
  2. Take charge of intoxicated persons and dangerous or incapacitated lunatics.
  3. Ensure the well-being of individuals under arrest or in custody.
  4. Conduct searches without unnecessary rudeness or annoyance.
  5. Handle women and children with decency and gentleness.
  6. Help prevent fire, accidents, and public dangers.

Police to Regulate Traffic and Public Order (Section 67):

  1. Regulate and control traffic in streets, preventing obstructions.
  2. Maintain order in streets, public places, and near places of worship.
  3. Regulate public bathing, washing, and landing places, preventing overcrowding.

Conforming to Police Directions (Section 68):

All persons must follow reasonable directions given by a Police Officer in line with their duties.

Power to Restrain and Arrest (Sections 69-71):

  1. Police Officers can restrain, remove, or arrest persons who resist or refuse to obey directions.
  2. They can arrest without a warrant in specific circumstances.

Enforcement of Orders (Sections 70 and 71):

Magistrates and Police Officers can enforce orders issued under various sections of the Act, including orders related to public safety and public nuisances.

Taking Charge of Unclaimed Property (Section 82):

  1. Police are responsible for unclaimed property and property left in public places.
  2. They may take temporary charge and, in certain areas, hand it over to a Commissioner.

Dealing with Intestate Property (Sections 83 and 84):

Procedures for handling intestate property are outlined, involving communication with relevant authorities and potential auctions.

Proclamation for Claiming Property (Section 85):

  1. A proclamation is issued specifying property details, allowing claimants to establish ownership within a specified period.
  2. Property of low value or subject to decay may be sold by auction.

Delivery of Property (Section 86):

  1. Property claimed by a rightful owner is returned after deducting incurred expenses.
  2. Security may be taken from the recipient.
  3. If no claim is made within a specified time, the property goes to the State Government and may be sold by auction.

Provisions Not Affected (Section 88):

Certain Acts like the Indian Succession Act or Administrator-General's Act do not apply to intestate property handled under this Act.

Handling of Stray Cattle (Sections 89-95):

  1. Police can take charge of stray cattle and send them to a pound.
  2. Owners can claim impounded cattle by paying fees and expenses.
  3. Unclaimed cattle may be sold by auction.
  4. Rates for pound-fees and expenses are determined by the State Government.
  5. Police can inspect and seize false weights and measures.
  6. Weight and measure standards must correspond with legal standards.

Procedure in Certain Cases (Section 96):

  1. Magistrates' powers under specific sections of the Code of Criminal Procedure may be exercised by the Commissioner in certain areas.
  2. Detention of accused persons is authorized for up to fifteen days by the Presidency Magistrate.
  3. Reports from Police Stations are forwarded to the Commissioner in certain areas.

Superior Police Officer's Duties (Section 97):

  1. A superior Police Officer can perform duties assigned to their subordinates.
  2. They can take actions to ensure the law is effectively enforced.

Emergency Duties of Police (Section 98):

  1. The State Government can declare a service as essential to the community.
  2. Police Officers must obey orders related to this service during the declaration.
  3. Orders related to essential services are considered lawful.

Written By: Harshavardhan Prakash Deshmukh, 4th Year Of B.A.LL.B. - Modern Law College, Pune,

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