Chapter VI of the document outlines Executive Powers and Duties of the Police
Duties of a Police Officer (Section 64):
- Serve summonses, execute warrants, and follow lawful orders.
- Gather intelligence on crimes and take steps to prevent or address them.
- Prevent public nuisances.
- Promptly apprehend individuals with sufficient reason.
- Assist other Police Officers when necessary.
- Carry out duties imposed by the law.
Power to Enter Places of Public Resort (Section 65):
- Police Officers can enter places like drinking shops or places frequented by disorderly individuals without a warrant.
- They can inspect these places to maintain public order.
Duties of Police Officers towards the Public (Section 66):
- Provide assistance to disabled or helpless individuals in public.
- Take charge of intoxicated persons and dangerous or incapacitated lunatics.
- Ensure the well-being of individuals under arrest or in custody.
- Conduct searches without unnecessary rudeness or annoyance.
- Handle women and children with decency and gentleness.
- Help prevent fire, accidents, and public dangers.
Police to Regulate Traffic and Public Order (Section 67):
- Regulate and control traffic in streets, preventing obstructions.
- Maintain order in streets, public places, and near places of worship.
- 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):
- Police Officers can restrain, remove, or arrest persons who resist or refuse to obey directions.
- 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):
- Police are responsible for unclaimed property and property left in public places.
- 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):
- A proclamation is issued specifying property details, allowing claimants to establish ownership within a specified period.
- Property of low value or subject to decay may be sold by auction.
Delivery of Property (Section 86):
- Property claimed by a rightful owner is returned after deducting incurred expenses.
- Security may be taken from the recipient.
- 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):
- Police can take charge of stray cattle and send them to a pound.
- Owners can claim impounded cattle by paying fees and expenses.
- Unclaimed cattle may be sold by auction.
- Rates for pound-fees and expenses are determined by the State Government.
- Police can inspect and seize false weights and measures.
- Weight and measure standards must correspond with legal standards.
Procedure in Certain Cases (Section 96):
- Magistrates' powers under specific sections of the Code of Criminal Procedure may be exercised by the Commissioner in certain areas.
- Detention of accused persons is authorized for up to fifteen days by the Presidency Magistrate.
- Reports from Police Stations are forwarded to the Commissioner in certain areas.
Superior Police Officer's Duties (Section 97):
- A superior Police Officer can perform duties assigned to their subordinates.
- They can take actions to ensure the law is effectively enforced.
Emergency Duties of Police (Section 98):
Written By: Harshavardhan Prakash Deshmukh
- The State Government can declare a service as essential to the community.
- Police Officers must obey orders related to this service during the declaration.
- Orders related to essential services are considered lawful.
, 4th Year Of B.A.LL.B. - Modern Law College, Pune