Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com BOMBAY PUBLIC SECURITY MEASURES ACT, 1947 6 of 1947 [] CONTENTS 1. Short title and extent 7. Control of camps, parades, etc 8. Banning use of certain uniforms, etc 10. Special Courts 11. Special Judges 12. Jurisdiction of Special Judges 13. Procedure of Special Judges 14. Evidence on Commission 15. Enhanced punishment for certain offences 16. Sentences by Special Judge 17. Special rule of procedure 18. Appeal revision and confirmation 19. Application of ordinary law 20. Trials before Special Judge not to be by jury or with Assessors 21. Delegation of powers and duties of Chief Commissioner 22. Power to arrest without warrant 24. Indemnity 25. Rules BOMBAY PUBLIC SECURITY MEASURES ACT, 1947 6 of 1947 [] An Act to consolidate and amend the law relating to public safety, maintenance of public order and the preservation of peace and tranquillity in the Province of Bombay. WHEREAS it is expedient to consolidate and amend the law relating to public safety, maintenance of public order and the preservation of peace and tranquillity in the Province of Bombay; It is hereby enacted as follows: 1. Short title and extent :- (1) This Act may be called the Bombay Public Security Measures Act, 1947 . (2) It extends to the whole of the-Union territory of Delhi . (3) Omitted . (4) This section shall come into force at once, and the remaining provisions of this Act shall come into force in such areas and on such date or dates as the Chief , Commissioner may, by notification in the Official Gazette appoint 7. Control of camps, parades, etc :- (1) If the Chief Commissioner is satisfied that it is necessary in the interest of public order to do so, it may, by general or special order, prohibit or restrict in any area any exercise, movement, evolution or drill of a military nature specified in the order . (2) With a view Jo securing that no unauthorised exercise, movement, evolution or drill of a military nature is performed at any place, the Chief Commissioner may, by general or special order, prohibit, restrict or impose conditions on the holding of, or taking part in, any camp, parade, meeting, assembly or procession by any class of persons or organisations specified in the order . (3) If any person contravenes any order made under this section, he shall, on conviction, be punishable with imprisonment for a term which may extend to one year or with fine or with both 8. Banning use of certain uniforms, etc :- (1) If the Chief Commissioner is satisfied that the wearing in public of any dress or article of apparel resembling any uniform or part of a uniform required to be worn by a member of Government forces or by a member of any police force or of any force constituted under any law for the time being in force would be likely to prejudice the public safety, or the maintenance of public order, the Chief Commissioner may, by general or special order, prohibit or restrict the wearing, or display in public, of any such dress or article of apparel . (2) For the purposes of this section, a dress or an article of apparel shall be deemed to be worn or displayed in public if it is worn or displayed in any place to which the public have access . (3) If any person contravenes any order made under this section, he shall, on conviction, be punishable with imprisonment for a term which may extend to three years or with fine or with both 10. Special Courts :- The Chief Commissioner may by notification in the Official Gazette constitute Special Courts of criminal jurisdiction for such area as may be specified in the notification 11. Special Judges :- The Chief Commissioner may appoint as a Special Judge to preside over a Special Court constituted under section 10 any person who has been a Sessions Judge for a period of not less than two years under the ICode 12. Jurisdiction of Special Judges :- A Special Judge shall try such offences or class of offences or such cases or class of cases as the Chief Commissioner may, by general or special order in writing, direct 13. Procedure of Special Judges :- (1) A special Judge may take cognizance of offences without the accused being committed to his Court for trial; (2) A Special Judge shall ordinarily record a memorandum only of the substance of the evidence of each witness examined, may refuse to summon any witness if satisfied after examination of the accused that the evidence of such witness will not be material and shall not be. bound to adjourn any trial for any purpose unless such adjournment is, in bis opinion, necessary in the interests of justice. [(2-A) A Special Judge trying an offence under this Act may, with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in, or privy to, the offence, tender a pardon to such person (3) In matters not coming within the scope of sub-sections (1) and (2), the provisions of the 1 Code, in so far as they are not inconsistent with the provisions of sections 10 to 20, shall apply to the proceedings of a Special Judge; and for the purposes of the said provisions, the Court of the Special Judge shall be deemed to be a Court of Session 14. Evidence on Commission :- If a person whose evidence is considered essential by a Special Judge, is, in his opinion, not in a position to attend the Court of the special Judge to give evidence, the Special Judge may in his discretion direct that his evidence may be recorded on commission by a person specially deputed for the purpose 15. Enhanced punishment for certain offences :- Notwithstanding anything contained in the Indian Penal Code, whoever commits an offence or attempts to murder may, in lieu of any punishment to which he is liable under the said Indian Penal Code, be punishable with death; and whoever commits an offence of voluntarily causing hurt by stabbing, fire-arms or explosives may, in lieu of any punishment to which he is liable under the said Indian Penal Code, be punishable with death or transportation for life 16. Sentences by Special Judge :- A Special Judge may pass any sentence authorised by law 17. Special rule of procedure :- Notwithstanding anything contained in section 386 of the ICode where any offender has been sentenced by a Special Judge to pay a fine, it may be recorded by the issue of a warrant for the levy of the amount by attachment and sale of any property moveable or immoveable of the offender 18. Appeal revision and confirmation :- Notwithstanding the provisions of the ICode, or of any other law for the time being in force, or of anything having the force of law by whatsoever authority made or done (1) any person convicted on a trial held by a Special Judge may appeal to the High Court within a period of fifteen days from the date of sentence; (2) the High Court may call for the record of the proceedings of any case tried by a Special Judge and may in respect of such case exercise any of the powers conferred on a court of appeal by sections 423,426,427 and 428 of the ICode; and (3) no court shall have jurisdiction to transfer any case from any Special Judge or to make any order under section 491 of the 1 Code in respect of any person triable by a Special Judge or, save as herein otherwise provided, have jurisdiction of any kind in respect of proceedings of any Special Judge 19. Application of ordinary law :- The provisions of the ICode and of any other law for the time being in force, in so far as they may be applicable and in so far as they are not inconsistent with the provisions of sections 10 to 20, shall apply to all matters connected with, arising from, or consequent upon, a trial by a Special Judge appointed under section 11 20. Trials before Special Judge not to be by jury or with Assessors :- Notwithstanding anything contained in the 1 Code, the trial of offences, before a Special Judge shall not be by jury or with the aid of Assessors 21. Delegation of powers and duties of Chief Commissioner :- T he Chief Commissioner may by order direct that any power or duty, which is conferred or imposed on the Chief Commissioner, shall in such circumstances and under such conditions, if any, as may be specified in the order, be exercised or discharged by the District Magistrate or Additional District Magistrate 22. Power to arrest without warrant :- Any police officer may arrest without warrant any person who is reasonably suspected of having committed an offence punishable under this Act 24. Indemnity :- No suit, prosecution or other legal proceedings whatsoever shall lie against any person for or on account of or in respect of any sentence passed or any act ordered or done by him in good faith whether in exercise of any jurisdiction or power conferred or purporting to have been conferred on him by or under this Act orin carrying out any sentence passed by a Special Judge in exercise of any jurisdiction as aforesaid 25. Rules :- The Chief Commissioner may by notification in the Official Gazette and subject to the condition of previous publication make rules to carry out the purposes of this Act