Section 59Duty of police officer to enforce provisions of the Act

Section 59: Duty of police officer to enforce provisions of the Act

59. Duty of police officer to enforce provisions of the Act

(1)

It shall be the duty of every police officer to ensure compliance with the provisions of this Act or any rule, regulation or order made thereunder and for that purpose such police officer may,—

(a)

warn persons who from ignorance fail to comply with any provision of this Act or any rule, regulation or order made thereunder;

(b)

require any person acting or about to act contrary to any provision of this Act or rule, regulation or order made thereunder, to desist from so doing;

(c)

subject to the provisions of sub-sections (2) and (3), arrest any person contravening any provision of this Act or any rule, regulation or order made threunder, where such contravention is an offence punishable under this Act;

(d)

seize any object used, or about to be used, in contravening, or in contravention of, the provisions of this Act or any rule, regulation or order made thereunder, where such contravention is an offence punishable under this Act.

(2)

A police officer shall not arrest any person under clause (c) of sub-section (1) without a warrant issued by a Metropolitan Magistrate, unless such person,—

(a)

has contravened any regulation made under clause (b) of sub-section (1) of section 28;

(b)

has contravened any order or notification made under section 29, sub-section (1) or sub-section (2) of section 30, section 32, section 47, section 48 or sub-section (1) of section 57;

(c)

commits in the presence of such police officer an offence punishable under section 97, sub-section (1) of section 108, clause (a), (b) or (c) of section 110 or sub-section (2) of section 113 in respect of the contravention of any order made under section 33 or section 34;

(d)

has committed, or is reasonably suspected to have committed, an offence punishable under section 100 in relation to any dwelling house, private premises or any other land or ground attached thereto:

Provided that the person in possession or having charge of that dwelling house, private premises or land or ground complains of the commission of such offence;

(e)

has committed, or is reasonably suspected to have committed an offence punishable under section 101, section 102 or clause (c) of sub-section (2) of section 113;

(f)

commits in his presence in any street or public place any non-cognizable offence punishable under this Act or any rule or regulation made thereunder if such person—

(i)

after being warned by the police officer persists in committing such offence; or

(ii)

refuses to accompany the police officer to a police station on being required so to do.

(3)

The Commissioner of Police or any other police officer especially empowered in this behalf by the Commissioner of Police may arrest without a warrant issued by a Metropolitan Magistrate any person who has committed an offence punishable under section 92.