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P.P.H.C. of A.P. Vs. Mohd. Mansoor and ors.

Court : Andhra Pradesh

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 121, 121-A, 122, 153-A, 153-B, 161, 162, 165A, 420, and 471; Arms Act - Sections 25 and 35; Explosive Substances Act - Sections 4 and 6; Evidence Act - Sections 5, 27, 145 and 157; Code of Criminal Procedure (CrPC) - Sections 2, 41, 42, 52, 156(2) and 161; Indian Police Act, 1861; Police (Amendment) Act, 1888; Andhra Pradesh (Andhra Area) District Police Act, 1859 - Sections 21; Andhra Pradesh (Telangana Area) District Police Act, 1329 Fasli - Sections 19; Prevention of Corruption Act, 1947; Tamilnadu Prohibition Act - Sections 4(1)A; Prevention of Corruption (Amendment) Act, 1988 - Sections 13(1) and 13(2)

Reported in : 2001(1)ALT(Cri)275; 2001CriLJ3169

under chapter XII. 13. Apart from the provisions of the Criminal Procedure Code, the provisions of the Indian Police Act, 1861 and the Police Act, 1888 shall have to be considered. The Police force is constituted for the main … of the Code is yet another Chapter, which is very much germane for consideration in the context. Under Section 41 of the Code, coming in the realm of the said Chapter, any police officer may, without an order

Rani Mohanraj and anr. Vs. P. Rajarathinam

Court : Chennai

Subject : Civil

Acts : Constitution of India - Article 227; Specific Relief Act, 1963 - Sections 41; Police Act, 1861 - Sections 23

Reported in : AIR1999Mad448

- Article 227 of Constitution Of India, Section 41 of Specific Relief Act, 1963 and Section 23 of Police Act, 1861 - petition filed challenging locus standi of respondent in filing suit and getting him appointed as guardian when

Andhra Pradesh Civil Liberties Committee Represented by Its General Se ...

Court : Andhra Pradesh

Subject : Criminal

Acts : Protection of Human Rights Act - Sections 30; Indian Penal Code (IPC) - Sections 100, 148, 149, 201, 299, 302, 307 and 324; Land Acquisition Act - Sections 25 and 27; Prevention of Corruption Act, 1947; Prevention of Corruption Act, 1988 - Sections 7A and 22; Code of Criminal Procedure (CrPC) - Sections 29, 37, 39, 40, 41 to 60, 97, 121, 129 to 132, 154, 154(1), 154(3), 155, 156, 156(3), 157, 157(1), 157(2), 169, 170, 173, 173(2), 173(8), 174, 174(1), 176, 176(1) and 190; Police Act, 1861 - Sections 23 and 43; Criminal Law; Civil Law; Constitution of India - Articles 21 and 226

Reported in : 2007(5)ALT639; 2008CriLJ402

armed forces other than an officer.36. Reference in this regard may also be made to certain provisions of Police Act, 1861. Section 23 of that Act enlists the duties of the Police Officials, as under:Section 23: Duties of police-officers: It … any person, under certain circumstances, even without the order from Magistrate, is conferred on a police officer, under Section 41 of the Code. In fact, the whole of Chapter V, comprising of Sections 41 - 60, deals with

Raj Kumar Karwal Vs. Union of India and Others

Court : Supreme Court of India

Subject : Narcotics

Acts : Central Excise Act, 1944 - Sections 21(2); Opium (Amendment) Act, 1878; Code of Criminal Procedure (CrPC) 1973 - Sections 154, 162, 173, 176, 190(1) and 439; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 2, 21, 23, 29, 30, 35, 36-A, 41, 42, 43, 44, 49, 50, 51, 52-A, 53, 54, 55, 57 and 67; Evidence Act, 1872 - Sections 25; Customs Act, 1962 - Sections 135A; Opium Act, 1856; Dangerous Drugs Act, 1930; Universal Declaration of Human Rights, 1948 - Article 25; International Covenant on Economical, Social and Cultural Rights, 1966 - Article 12; Police Act, 1861; Sea Customs Act - Sections 167(81); Railway Property (Unlawful Possession) Act, 1966 - Sections 8(1)

Reported in : AIR1991SC45; 1991CriLJ97; 1990(2)Crimes435(SC); 1990(48)ELT496(SC); JT1990(1)SC503; 1990(1)SCALE509; (1990)2SCC409; [1990]2SCR63; 1990(2)LC373(SC); 1991 Cri LJ 197

they are called. This Court, by majority, pointed out that the primary function of the police under the Police Act, 1861, is prevention and detection of crime while the Customs Officers are mainly interested in the detection and prevention … noticed that Section 37 makes every offence punishable under the Act cognizable notwithstanding anything contained in the Code. Section 41(1) empowers a Magistrate to issue a warrant for the arrest of any person suspected of having committed any

Kinkar Karmakar and ors. Vs. Government of West Bengal and ors.

Court : Kolkata

Subject : ConstitutionService

Acts : Constitutional of India - Articles 14, 16, 16(1), 19, 21, 23, 23(2), 38, 39, 41, 43 and 226;; West Bengal Home Guards Act, 1962 - Sectons 2(3), 3, 4, 5, 6, 8 and 9;; West Bengal Home Guards (Amendment) Act, 1990;; West Bengal Home Guards Rules, 1962 - Rules 5, 7 and 8;; Police Act, 1861 - Sections 1, 6(1) and 23;; Evidence Act, 1872 - Section 25;; West Bengal Services (Classification, Control and Appeal) Rule, 1971 - Rule 6

Reported in : (1999)2CALLT320(HC)

been defined. The policemen are known by their duties as have been laid down in section 23 of Police Act, 1861 and specifically under Chapter 6 of the P.R.B., which also are, to maintain public peace, to prevent commission … the respondents violates the provisions of different Articles of the Constitution, viz. Articles 14, 16, 19, 23, 38, 41 and 43. They claim that it is a mere eye-wash that they are shown as 'volunteers' or that

Narayan Hari Tarkhande Vs. Yeshwant Raoji Naik

Court : Mumbai

Subject : Criminal

Reported in : AIR1928Bom352; (1928)30BOMLR1018

but he contended that the prosecution was time-barred under Sub-section (3) of Section 80 of the Bombay District Police Act, 1890. This sub-section says :-In any case of an alleged offence by a Magistrate, police-officer or other person... … 8 B.H.C.195. Under 55 & 56 Vic c. 14, Section 5(passed in 1892 to amend the Indian Councils Act 1861) power was given to amend any law made before this Act, with the previous sanction of the Governor … of the Full a Bench in Koti Reddi v. Subbiah (1917) I.L.R. 41: Mad. 792 F.B. and the observations of Sada-shiv Ayyar and Spencer JJ.

The State of Punjab Vs. Barkat Ram

Court : Supreme Court of India

Subject : Civil

Acts : Land Customs Act, 1924 - Sections 9(1); Sea Customs Act, 1878 - Sections 167 to 193; Evidence Act, 1872 - Sections 25, 26 and 27; Foreign Exchange Regulation Act, 1947 - Sections 23(1); Sea Customs (Amendment) Act, 1955; Police Act, 1861; Indian Penal Code (IPC), 1860 - Sections 193 and 228; Code of Criminal Procedure (CrPC) , 1861 - Sections 5(2); Code of Criminal Procedure (CrPC) , 1898

Reported in : AIR1962SC276; 1985(5)LC2194(SC); [1962]3SCR338

force regulating the manner of place of investigating, inquiring into, trying or otherwise dealing with such offences. 42. Police Act, 1861. Section 1........... the word 'police' shall include all persons who shall be enrolled under this Act. 43. Sea Customs … he was a police officer, but the powers conferred upon him afforded the criterion. It is true that section 41 of the Bombay Abkari Act stated, 'Every such officer shall in the conduct of such investigation exercise the

Kirpal Mohan Virmani Vs. B.D. Mishra

Court : Delhi

Subject : NarcoticsCriminal

Acts : Evidence Act, 1872 - Sections 25; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 53

Reported in : 1989(3)Crimes146; 37(1989)DLT362; 1989(16)DRJ257; 1989(20)ECC28

expression 'Police Officer' used in Section 25 is not defined in the Evidence Act. Section 1 of the Police Act, 1861 defines 'Police' as including all persons enrolled under that Act. primarily, the term 'Police Officer' in Section 25 … to submit a report fo the Magistrate empowered to take cognisance of the offence on completing the investigation. Section 41 empowers every police officer to arrest any person who has been concerned in any cognisable offence Without a

Tofan Singh Vs. The State Of Tamil Nadu

Court : Supreme Court of India

Subject : Right to Information

the NDPS Act - the police report being only filed by the police force as constituted under the Police Act, 1861. He disagreed vehemently with the submission of Shri Jain that the “complaint” under section 36A(1)(d) would refer only … it is applicable; and sometimes states that it is made applicable with necessary modifications. According to Shri Jain, section 41(2) and section 42 of the NDPS Act refer to a ‘First Information Report’ being lodged by the officers

M.V.Vijayaraghavan Vs. Superintendent of Police

Court : Chennai

Subject : Land Acquisition

the impugned order dated 11.01.2014 on the following grounds : (i) that the provision under Section 30(2) of Police Act, 1861, is only a regulatory power and not a blanket power to stifle the democratic dissent of the citizens … 19 (1) (a) of the Constitution. The petitioner has specifically contended that the respondent ought to have followed Section 41 of the Madras City Police Act,1988, and the respondent has power to regulate the meetings, but not to