Karnataka Police Act, 1963 Chapter I - Bare Act |
| State | Karnataka Government |
| Year | 1963 |
| Section Title | Preliminary |
(1) This Act may be called the1[Karnataka] Police Act, 1963.
(2) It extends to the whole of the1[State of Karnataka].
(3) It shall come into force on such2[date] as the State Government may, by notification in the Official Gazette, appoint.
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1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
2. Act came into force w.e.f. 2.4.1965 vide Notification No. HD 21 PEG 65 dt. 1965
(1) This Act may be called the1[Karnataka] Police Act, 1963.
(2) It extends to the whole of the1[State of Karnataka].
(3) It shall come into force on such2[date] as the State Government may, by notification in the Official Gazette, appoint.
_______________________________
1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
2. Act came into force w.e.f. 2.4.1965 vide Notification No. HD 21 PEG 65 dt. 1965
In this Act, unless the context otherwise requires,--
(1) "cattle" means cows, bullocks, bulls, calves, buffaloes, elephants, camels, horses, mares, geldings, ponies, colts, fillies, asses, mules, pigs, rams, ewes, sheep, lambs, goats and kids;
(2) "City of Bangalore" means the area within the limits of the City of Bangalore as defined for the time being in the City of Bangalore Municipal Corporation Act, 1949 (Mysore Act LXIX of 1949) and includes such other areas adjacent to such limits 1 [x x x] as the Government may from time to time by notification in the Official Gazette specify;
(3) "common gaming-house" means a building, room, tent, enclosure, vehicle, vessel or place in which any instruments of gaming are kept or used for the profit or gain of the person owning, occupying, or keeping such building, room, tent, enclosure, vehicle, vessel or place, or of the person using such building, room, tent, enclosure, vehicle, vessel or place, whether he has a right to use the same or not, such profit or gain being either by way of a charge for the use of the instruments of gaming or of the building, room, tent, enclosure, vehicle, vessel or place, or otherwise howsoever or as subscription or other payment for the use of facilities along with the use of the instruments of gaming or of the building, room, tent, enclosure, vehicle, vessel or place for purposes of gaming;
Explanation.--In this clause "person" includes a company, association, club or other body of persons whether incorporated or not.
(4) the expression "competent authority" when used with reference to the exercise or performance of any power, duty or function under the provisions of this Act, means,--
(a) in relation to the City of Bangalore and other areas for which a Commissioner of Police is appointed under section 7, the Commissioner;
(b) in relation to the areas other than those referred to in clause (a), the District Magistrate or the Superintendent or the Additional Superintendent, or, the Assistant or Deputy Superintendent when specially empowered in that behalf by the Government;
1 [(5) 'district' means any area which the Government may by notification specify to be a district for the purpose of this Act and where no such-area has been so specified, a territorial division constituting the district for the purposes of the Code of Criminal Procedure 1973, but does not include the City of Bangalore or any area specified under sub-section (1) of section 7;]
2 [(6) x x x]
(7) "gaming" does not include a lottery but includes all forms of wagering or betting in connection with any game of chance, except wagering or betting on a horse-race 3 [run on any race course within or outside the State], when such wagering or betting takes place,--
(i) on the day on which such race is run; and
4 [(ii) in an enclosure set apart for the purpose in a race course by the licensee of such race course under the terms of the licence issued under section 4 of the Mysore Race Courses Licensing Act, 1952 (Mysore Act VIII of 1952); and]
(iii) between any person being present in such enclosure, on the one hand and such licensee or other person licensed by such licensee in terms of the aforesaid licence on the other in such manner and by such contrivance as may be permitted by such licence.
Explanation.--In this clause,-
(i) 'wagering or betting,' includes the collection or soliciting of bets, the receipt or distribution of winnings or prizes, in money or otherwise, in respect of any act which is intended to aid or facilitate wagering or betting or such collection, soliciting, receipt or distribution;
(ii) 'game of chance' includes a game of chance and skill combined and a pretended game of chance or of chance and skill combined, but does not include any athletic game or sport;
(8) "Government" means the State Government;
(9) "Head Constable" means an officer of and above the rank of a Constable and a "Constable" means a Police Officer of the lowest grade;
(10) "Inspector-General", "Commissioner", "Deputy Inspector-General", "Deputy Commissioner", "Assistant Commissioner", "Superintendent", "Additional Superintendent", "Assistant Superintendent", and "Deputy Superintendent" mean respectively, the Inspector-General of Police, a Commissioner of Police, a Deputy Inspector-General of Police, a Deputy Commissioner of Police, an Assistant Commissioner of Police, a Superintendent of Police, an Additional Superintendent of Police, an Assistant Superintendent of Police and a Deputy Superintendent of Police appointed or deemed to be appointed under this Act;
(11) "instruments of gaming" includes any article used or intended to be used as a subject, or means of gaming, any document used or intended to be used as a register or record or evidence of any gaming, the proceeds of any gaming and any winnings or prizes in money or otherwise distributed or intended to be distributed in respect of any gaming;
5 [(11-A) 'local authority' means a corporation established or continued under the Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14 of 1977), a municipal council, or a notified area committee or a sanitary board established or deemed to have been established or continued under the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964) or under any other law, the Bangalore Development Authority constituted under the Bangalore Development Authority Act, 1976 (Karnataka Act 12 of 1976), the City Improvement Board, Mysore constituted under the City of Mysore Improvement Act, 1903 (Mysore Act 3 of 1903), an Improvement Board constituted under the Karnataka Improvement Boards Act, 1976 (Karnataka Act 11 of 1976), a planning authority constituted under the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963), the Karnataka Slum Clearance Board constituted under the Karnataka Slum Area (Improvement and Clearance) Act, 1973 (Karnataka Act 33 of 1974) and such other authority as the State Government may from time to time by notification declare.]
(12) "municipality" means a municipality constituted or deemed to be constituted under any law relating to municipalities for the time being in force in the 6 [State of Karnataka] or any part thereof;
(13) "place" includes a building, a tent, a booth or other erection, whether permanent or temporary, or any area whether enclosed or open;
(14) "place of public amusement" means any place, where music, singing, dancing, or any diversion, or game, or the means of carrying on the same is provided and to which the public are admitted and includes a race course, circus, theatre, music hall, billiard room, bagatelle room, gymnasium, fencing school, swimming pool or dancing hall;
(15) "place of public entertainment" means any place to which the public are admitted and where any kind of food or drink is supplied for consumption on the premises by any person owning or having an interest in or managing such place and includes a refreshment room, eating house, coffee house, liquor house, boarding house, lodging house, hotel, tavern, or a shop where wine, beer, spirit, arrack, toddy, ganja, or other kind of liquor or intoxicant or any kind of food or drink is supplied to the public for consumption in or near such shop;
(16) "police officer" means any member of the police force appointed or deemed to be appointed under this Act and includes a special or an additional police officer appointed under section 19 or 20;
(17) "prescribed" means prescribed by rules;
(18) "public place" includes the foreshore, the precincts of every public building or monument, and all places accessible to the public for drawing water, washing or bathing or for the purpose of recreation;
(19) "rules" means rules made under this Act;
(20) "street" includes any highway, bridge, way over a causeway, viaduct, arch, quay or wharf or any road, lane, footway, square, court, alley or passage accessible to the public, whether a thoroughfare or not;
(21) "Subordinate Police" means members of the Police Force of and below the rank of Inspector;
(22) "Superior Police" means members of the Police Force above the rank of Inspector;
(23) "vehicle" means any carriage, cart, van, dray, truck, hand-cart or other conveyance of any description and includes a bicycle, tricycle, a rickshaw, an automatic car, a vessel or an aeroplane.
(24) Words and expressions not defined in this Act and which are defined in the Code of Criminal Procedure, 1898 (Central Act V of 1898), shall have the same meaning as in that Code.
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1. Substituted by Act 18 of 1975 w.e.f. 15.5.1975
2. Omitted by Act 18 of 1995 w.e.f. 15.5.1975
3. Inserted by Act 7 of 1974 w.e.f. 29.11.1973
4. Substituted by Act 7 of 1974 w.e.f. 29.11.1973
5.Clause (11A) Inserted by Act 41 of 1981 w.e.f. 6.6.1981
6. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
In this Act, unless the context otherwise requires,--
(1) "cattle" means cows, bullocks, bulls, calves, buffaloes, elephants, camels, horses, mares, geldings, ponies, colts, fillies, asses, mules, pigs, rams, ewes, sheep, lambs, goats and kids;
(2) "City of Bangalore" means the area within the limits of the City of Bangalore as defined for the time being in the City of Bangalore Municipal Corporation Act, 1949 (Mysore Act LXIX of 1949) and includes such other areas adjacent to such limits 1 [x x x] as the Government may from time to time by notification in the Official Gazette specify;
(3) "common gaming-house" means a building, room, tent, enclosure, vehicle, vessel or place in which any instruments of gaming are kept or used for the profit or gain of the person owning, occupying, or keeping such building, room, tent, enclosure, vehicle, vessel or place, or of the person using such building, room, tent, enclosure, vehicle, vessel or place, whether he has a right to use the same or not, such profit or gain being either by way of a charge for the use of the instruments of gaming or of the building, room, tent, enclosure, vehicle, vessel or place, or otherwise howsoever or as subscription or other payment for the use of facilities along with the use of the instruments of gaming or of the building, room, tent, enclosure, vehicle, vessel or place for purposes of gaming;
Explanation.--In this clause "person" includes a company, association, club or other body of persons whether incorporated or not.
(4) the expression "competent authority" when used with reference to the exercise or performance of any power, duty or function under the provisions of this Act, means,--
(a) in relation to the City of Bangalore and other areas for which a Commissioner of Police is appointed under section 7, the Commissioner;
(b) in relation to the areas other than those referred to in clause (a), the District Magistrate or the Superintendent or the Additional Superintendent, or, the Assistant or Deputy Superintendent when specially empowered in that behalf by the Government;
1 [(5) 'district' means any area which the Government may by notification specify to be a district for the purpose of this Act and where no such-area has been so specified, a territorial division constituting the district for the purposes of the Code of Criminal Procedure 1973, but does not include the City of Bangalore or any area specified under sub-section (1) of section 7;]
2 [(6) x x x]
(7) "gaming" does not include a lottery but includes all forms of wagering or betting in connection with any game of chance, except wagering or betting on a horse-race 3 [run on any race course within or outside the State], when such wagering or betting takes place,--
(i) on the day on which such race is run; and
4 [(ii) in an enclosure set apart for the purpose in a race course by the licensee of such race course under the terms of the licence issued under section 4 of the Mysore Race Courses Licensing Act, 1952 (Mysore Act VIII of 1952); and]
(iii) between any person being present in such enclosure, on the one hand and such licensee or other person licensed by such licensee in terms of the aforesaid licence on the other in such manner and by such contrivance as may be permitted by such licence.
Explanation.--In this clause,-
(i) 'wagering or betting,' includes the collection or soliciting of bets, the receipt or distribution of winnings or prizes, in money or otherwise, in respect of any act which is intended to aid or facilitate wagering or betting or such collection, soliciting, receipt or distribution;
(ii) 'game of chance' includes a game of chance and skill combined and a pretended game of chance or of chance and skill combined, but does not include any athletic game or sport;
(8) "Government" means the State Government;
(9) "Head Constable" means an officer of and above the rank of a Constable and a "Constable" means a Police Officer of the lowest grade;
(10) "Inspector-General", "Commissioner", "Deputy Inspector-General", "Deputy Commissioner", "Assistant Commissioner", "Superintendent", "Additional Superintendent", "Assistant Superintendent", and "Deputy Superintendent" mean respectively, the Inspector-General of Police, a Commissioner of Police, a Deputy Inspector-General of Police, a Deputy Commissioner of Police, an Assistant Commissioner of Police, a Superintendent of Police, an Additional Superintendent of Police, an Assistant Superintendent of Police and a Deputy Superintendent of Police appointed or deemed to be appointed under this Act;
(11) "instruments of gaming" includes any article used or intended to be used as a subject, or means of gaming, any document used or intended to be used as a register or record or evidence of any gaming, the proceeds of any gaming and any winnings or prizes in money or otherwise distributed or intended to be distributed in respect of any gaming;
5 [(11-A) 'local authority' means a corporation established or continued under the Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14 of 1977), a municipal council, or a notified area committee or a sanitary board established or deemed to have been established or continued under the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964) or under any other law, the Bangalore Development Authority constituted under the Bangalore Development Authority Act, 1976 (Karnataka Act 12 of 1976), the City Improvement Board, Mysore constituted under the City of Mysore Improvement Act, 1903 (Mysore Act 3 of 1903), an Improvement Board constituted under the Karnataka Improvement Boards Act, 1976 (Karnataka Act 11 of 1976), a planning authority constituted under the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963), the Karnataka Slum Clearance Board constituted under the Karnataka Slum Area (Improvement and Clearance) Act, 1973 (Karnataka Act 33 of 1974) and such other authority as the State Government may from time to time by notification declare.]
(12) "municipality" means a municipality constituted or deemed to be constituted under any law relating to municipalities for the time being in force in the 6 [State of Karnataka] or any part thereof;
(13) "place" includes a building, a tent, a booth or other erection, whether permanent or temporary, or any area whether enclosed or open;
(14) "place of public amusement" means any place, where music, singing, dancing, or any diversion, or game, or the means of carrying on the same is provided and to which the public are admitted and includes a race course, circus, theatre, music hall, billiard room, bagatelle room, gymnasium, fencing school, swimming pool or dancing hall;
(15) "place of public entertainment" means any place to which the public are admitted and where any kind of food or drink is supplied for consumption on the premises by any person owning or having an interest in or managing such place and includes a refreshment room, eating house, coffee house, liquor house, boarding house, lodging house, hotel, tavern, or a shop where wine, beer, spirit, arrack, toddy, ganja, or other kind of liquor or intoxicant or any kind of food or drink is supplied to the public for consumption in or near such shop;
(16) "police officer" means any member of the police force appointed or deemed to be appointed under this Act and includes a special or an additional police officer appointed under section 19 or 20;
(17) "prescribed" means prescribed by rules;
(18) "public place" includes the foreshore, the precincts of every public building or monument, and all places accessible to the public for drawing water, washing or bathing or for the purpose of recreation;
(19) "rules" means rules made under this Act;
(20) "street" includes any highway, bridge, way over a causeway, viaduct, arch, quay or wharf or any road, lane, footway, square, court, alley or passage accessible to the public, whether a thoroughfare or not;
(21) "Subordinate Police" means members of the Police Force of and below the rank of Inspector;
(22) "Superior Police" means members of the Police Force above the rank of Inspector;
(23) "vehicle" means any carriage, cart, van, dray, truck, hand-cart or other conveyance of any description and includes a bicycle, tricycle, a rickshaw, an automatic car, a vessel or an aeroplane.
(24) Words and expressions not defined in this Act and which are defined in the Code of Criminal Procedure, 1898 (Central Act V of 1898), shall have the same meaning as in that Code.
_______________________________
1. Substituted by Act 18 of 1975 w.e.f. 15.5.1975
2. Omitted by Act 18 of 1995 w.e.f. 15.5.1975
3. Inserted by Act 7 of 1974 w.e.f. 29.11.1973
4. Substituted by Act 7 of 1974 w.e.f. 29.11.1973
5.Clause (11A) Inserted by Act 41 of 1981 w.e.f. 6.6.1981
6. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973