Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Andhra Pradesh Suppression Of Disturbances Act, 1948 3 of 1948 [07 April 1948] CONTENTS 1. Short title, extent and commencement 2. Definitions 3. Power to declare areas to be disturbed areas 4. Certain offences to be punishable with death in disturbed areas 5 . Power to fire upon persons contravening certain orders in disturbed areas 6. Protection of persons acting under Section 5 Andhra Pradesh Suppression Of Disturbances Act, 1948 3 of 1948 [07 April 1948] An Act to make better provision for the suppression of disorder in the2[State of Andhra Pradesh], W hereas it is expedient to make better provision for the suppression of disorder in the 2[State of Andhra Pradesh]; It is hereby enacted as follows : 1. For Statement of Objects and Reasons, see Fort St George Gaz.. Pt IV-A p. 238, dt 18-11-1947. This Act was extended to the transferred territories (Telangana Area) by Section 3 and the Sen., to the A.P. Extension of Laws Act, 1958 (A.P. Act XXIII of 1958). 2. Substituted for the words "State of Andhra" by ibid, Section 3 and Sen. 1. Short title, extent and commencement :- (1) This Act may be called 1[The Andhra Pradesh Suppression of Disturbances Act, 1948]. (2) It extends to the whole of the 2[State of Andhra Pradesh]. (3) It shall come into force at once. 1. Substituted for the original short title by A.P. Laws (Amendment of Short Titles) Act, 1961. 2. Definitions :- In this Act, "disturbed area" means an area for the time being declared to be a disturbed area by a notification under Section 3. 3. Power to declare areas to be disturbed areas :- T h e 1[State] Government may by notification in the 2[Andhra Pradesh Gazettee] - (a) declare that the whole of the 1[State], or any part thereof specified in the notification, is a disturbed area ; and (b) add to, amend, vary or rescind any such declaration. 1. Subs. for the words "Provincial" by the Adaptation of Laws Order, 1950. 2. Subs. for the words "Andhra Gazette" by the A.P. Adaptation of Laws Order, 1957. 4. Certain offences to be punishable with death in disturbed areas :- (1) Whoever in a disturbed area commits any offence punishable under any of the following Sections of the Indian Penal Code, namely, 307, 363, 364, 365, 366, 367, 368, 376, 392, 394, 395, 397, 398 and 436 may, in lieu of the punishment to which he is liable under the Code, be punished with death. (2) Whoever in a disturbed area attempts to commit, or abets the commission of, any offence punishable under any section of the Indian Penal Code referred to in sub-section (1) may, notwithstanding anything contained in that Code, be punished with death or with the punishment provided in that section for the offence. 5. Power to fire upon persons contravening certain orders in disturbed areas :- Any Magistrate, and any Police Officer not below the rank of Sub- Inspector, may, if in his opinion it is necessary so to do for restoring or maintaining public order, after giving such warning, if any, as he may consider necessary, fire upon, order fire to be opened or otherwise use force, even to the causing of death, against any person who in a disturbed area in acting in contravention of any law or order for the time being in force in such area, prohibiting the assembly of five or more persons or the carrying of weapons or of things capable of being used as weapons. 6. Protection of persons acting under Section 5 :- N o prosecution, suit or other legal proceeding shall be instituted, except with the previous sanction of the 1[State] Government, against any person in respect of anything done or purporting to be done in exercise of the powers conferred by Section 5. 1. Subs. for the words "Provincial" by the Adaptation of Laws Order, 1950.