Police Act 2008 - Kerala Police

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8 THE KERALA POLICE ACT 2008 PREAMBLE Whereas providing professional policing to the people is the constitutional obligation of every State; Whereas protecting the integrity of the Union and maintaining internal security of the nation, while protecting the life, liberty, property and dignity of every person, demand the establishment of a highly professional, trained, skilled, disciplined and dedicated police service; Whereas it is necessary to empower the police with sufficient institutionalized authority to enable them to efficiently discharge their duties and, also, to subject the police to such disciplinary control as to ensure that they do not abuse the lawful authority vested in them; Whereas it is necessary to ensure that police uphold the rule of law with due transparency and regard for human rights; Whereas it is necessary that the police are protected from unwarranted influences to enable them to function impartially according to the requirements of the Constitution; Whereas it has become imperative to keep the police responsive to the needs of a modern democratic society; And Whereas, for the above purposes, it is necessary to consolidate and amend the law relating to the organization, structure, role and functioning of the police; It is hereby enacted in the Fifty Ninth Year of the Republic of India as follows:
9 CHAPTER I PRELIMINARY 1. Short Title, Extent and Commencement: a) This Act may be called the Kerala Police Act, 2008. b) It extends to the whole of the State of Kerala. c) It shall come into force at once. 2. Definitions: In this Act, unless the context otherwise requires:- a) “Competent Authority” when used with reference to the exercise of any power or discharge of any duty under the provisions of this Act, means the officer or Authority empowered in that behalf under the law or by the Government; b) “District Magistrate” shall mean the officer charged with the executive administration of a district and invested with the powers of a Magistrate of the first class, by whatever designation such officer is styled; c) “Government” or the “State Government” means the Government of the State of Kerala; d) “Place” includes any building, tent, booth or other erection, whether permanent or temporary and any area, whether enclosed or open; e) “Place of public resort” shall include any place to which the public may enter for purpose of recreation, diversion, amusement, entertainment, refreshment or relaxation or for availing or enjoying any service; f) “Police” means and includes all persons discharging the role and functions defined in Sections 3 and 4 as authorised under section 97; g) “Police Force” means the Police Force referred to in section 14; h) “Police District” means the territorial area declared under section 18 to be a Police District; i) “Police Officer” means any member of the Kerala Police of any rank specified in Section 14 and includes all those belonging to the Indian Police Service, the Kerala Police Service or the Kerala Police Subordinate Service who are serving in Kerala Police; j) “Property” shall include money, valuable security and all property, whether movable, immovable or digital;
Page 1 and 2: 1 FOREWORD The preliminary draft of
Page 3 and 4: 3 A NEW POLICE ACT FOR KERALA - WHY
Page 5 and 6: y the technological and societal fo
Page 7: 7 NOTE TO READER Where substantiall
Page 11 and 12: 11 4. The Functions of the Police:
Page 13 and 14: 13 equipment including digital devi
Page 15 and 16: 15 13. Persons competent to verify
Page 17 and 18: 17 18. Police District: The State G
Page 19 and 20: 19 Honorary Special Executive Magis
Page 21 and 22: 21 m) Enforcement of any Local or S
Page 23 and 24: 23 6. Any non-official member of th
Page 25 and 26: 25 1. All police officers on duty,
Page 27 and 28: 27 40. Persons to answer questions
Page 29 and 30: 29 c) Subject to the provisions of
Page 31 and 32: 31 4. No person, other than a polic
Page 33 and 34: 33 arrested and is being detained a
Page 35 and 36: 35 physically injured by applicatio
Page 37 and 38: 37 Provided that such an analysis m
Page 39 and 40: 39 had been wrongfully dispossessed
Page 41 and 42: 41 Provided that nothing in this se
Page 43 and 44: 43 4. The Community Liaison Group w
Page 45 and 46: 45 may be deemed necessary and reas
Page 47 and 48: 47 i) Regulating any activity inclu
Page 49 and 50: 49 84. Power to reserve any street
Page 51 and 52: 51 b) Preventing dumping of any mat
Page 53 and 54: 53 1. The District Magistrate or th
Page 55 and 56: 55 e) is an office bearer of any so
Page 57 and 58: 101. Police Officers not to engage
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59 a) in which a police officer is
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61 b) Have the same powers, privile
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63 of procedural benefits relating
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65 9. In case any Criminal Court, a
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67 115. Police Establishment Board:
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69 119. Police Associations: The Go
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71 b) they may refer the matter to
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73 Provided that this limitation sh
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75 Provided that nothing in this se
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77 j) conveys through the streets a
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79 the same, shall be deemed illega
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