THE POLICE (INCITEMENT TO DISAFFECTION) ACT, 1922

1. Short title, extent and commencement.—

(1) This Act may be called the Police (Incitement to Disaffection) Act, 1922.
1 [(2) It extends to the whole of India, except 2 [the territories which immediately before 1st November, 1956, were comprised in Part B States].]
(3) It shall come into force in any State or part of a State on such date 3 as the State Government may, by notification in the Official Gazette, direct. State amendments Andhra Pradesh.—In sub-section (2) of section 1, after the expression ‘except the territories which immediately before the 1st November, 1956 were comprised in Part B States’ add ‘other than the territories specified in sub-section (1) of section 3 of the States Reorganisation Act, 1956’. [Vide Andhra Pradesh Act 23 of 1958, sec. 3 and Sch. (1-2-1960)] Madhya Pradesh.—In section 1—

(i) in sub-section (2), after ‘Part B States’, add ‘other than the Madhya Bharat and Sironja regions of the State of Madhya Pradesh’;
(ii) for sub-section (3), substitute the following:— “(3) It shall be in force in all such areas in Madhya Pradesh in which it was in force immediately before the commencement of Madhya Pradesh Second Extension of Laws Act, 1961 (40 of 1961), and shall come into force in other areas, on such date as the State Government may, by notification, appoint”. [Vide Madhya Pradesh Act 40 of 1961 First Schedule, Part A, Item 5.] Maharashtra, Gujarat.—In its application to the State of Maharashtra in section 1.—
(i) To sub-section (2), add the following proviso:— “Provided that on the commencement of the Police (Incitement to Disaffection) (Bombay Extension and Amendment) Act, 1958, it shall extend to the Saurashtra and Hyderabad areas of the State of Bombay”.
(ii) To sub-section (3), add the following proviso:— “Provided that on the commencement of the Police (Incitement to Disaffection) (Bombay Extension and Amendment) Act, 1958, it shall come into force in that part of the Saurashtra area of the State of Bombay in which the Police (Incitement to Disaffection) Act, 1922, as modified and applied to that area by the State of Saurashtra (Application of Central and Bombay Acts) Ordinance, 1948, was in force immediately before such commencement.” [Vide Bombay Act 77 of 1958, sec. 3 (7-10-1958): Act 11 of 1960, sec. 87 (1-5-1960)]

(Meghalaya) —In section 1 omit the sub-section (3) [Vide Meghalaya A.L.O. (No. 1) of 1974, Sch. (w.r.e.f. 21-1-1972)] Tamil Nadu.—In its application to the added territories in the State of Madras, in sub-section (2) of section 1, omit ‘other than the territories specified in sub-section (1) of section 3 of the State Reorganisation Act, 1956’. [Vide Madras (Ad Terr.) A.L.O. 1961]
2. Definition.—In this Act, the expression “member of a police-force” means any person appointed or enrolled for the performance of police duties under any enactment specified in the Schedule.
3. Penalty for causing disaffection, etc.—Whoever, intentionally causes or attempts to cause, or does any act which he knows is likely to cause disaffection towards 4 [***] the Government establishment by law in 5 [India] amongst the members of a police-force, or induces or attempts to induce or does any act which he knows is likely to induce, any member of a police-force to withhold his services or to commit a breach of discipline, shall be punished with imprisonment which may extend to six months, or with fine which may extend to two hundred rupees, or with both. Explanation.—Expression of disapprobation of the measures of the Government with a view to obtain their alteration by lawful means, or of disapprobation of the administrative or other action of the Government, do not constitute an offence under this section unless they cause or are made for the purpose of causing or are likely to cause disaffection. state amendment

(Maharashtra) —(a) Section 3 renumbered as sub-section (1) thereof and in sub-section (1) so renumbered for the portion beginning with the words “shall be punished” and ending with the words “or with both” the following portion substituted, namely:— “shall, on conviction, be punished with imprisonment for a term which may extend to three years, or with fine which may extend to five thousand rupees or with both: Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than six months and such time shall not be less than five hundred rupees”.

(b) After sub-section (1) of section 3 add the following sub-section (2), namely:— “(2) All offences under this Act shall be cognisable and non-bailable”. [Vide Maharashtra Act 23 of 1983, sec. 2 (w.r.e.f. 18-1-1983)]
4. Saving of acts done by police associations and other persons for certain purposes.—Nothing shall be deemed to be an offence under this Act which is done in good faith.—

(a) for the purposes of promoting the welfare or interest of any member of a police-force by inducing him to withhold his services in any manner authorised by law; or
(b) by or on behalf of any association formed for the purpose of furthering the interests of members of a police-force as such where the association has been authorised or recognised by the Government and the act done is done under any rules or articles of association which have been approved by the Government. state amendment Madhya Pradesh.—After section 4 insert the following section, namely:— “4A. Offences to be cognizable and non-bailable.—(1) Every offence under this Act shall be cognizable and non-bailable.

(2) No bail shall be granted by any Court under this section unless prosecution has been afforded reasonable opportunity of being heard in the matter.” [Vide Madhya Pradesh Act 15 of 1981, sec. 4 (5-5-1981)]
5. Sanction to trial of offences by subordinate Courts.—No Court shall proceed to the trial of any offence under this Act except with the previous sanction, or on the complaint, of the District Magistrate or, in the case of a Presidency-town, 1[***] of the Commissioner of Police. —No Court shall proceed to the trial of any offence under this Act except with the previous sanction, or on the complaint, of the District Magistrate or, in the case of a Presidency-town, 1[***] of the Commissioner of Police.” State amendments Andhra Pradesh.—In section 5 for the words ‘of the District Magistrate or, in the case of a Presidency-town, of the Commissioner of Police’, substitute ‘of the District Collector or, in the case of the cities of Hyderabad and Secunderabad, of the Commissioner of Police’. [Vide Andhra Pradesh Act 23 of 1958, sec. 3 and Sch. (1-2-1960)]

(Maharashtra) —In section 5— a) after the words a Presidency-town, insert “or any other area under the charge of a Commissioner of Police”. [Vide Bombay Act 56 of 1959, sec. 3 and Sch. (4-1-1960)]

(b) delete the words “or on the complaint” [Vide Maha. Act 23 of 1983, sec. 3 (w.r.e.f. 18-1-1983)] Tamil Nadu.—(i) In section 5 (as amended by Andhra Pradesh Act 23 of 1958), for the words “the cities of Hyderabad and Secunderabad”, substitute the words ‘a Presidency-town.’ [Vide Mad. (Added Territorie) A.L.O., 1961]

(ii) In section 5 (as amended by Andhra Pradesh Act 23 of 1958, for the words, “District Collector”, substitute the words “District Magistrate”. [Vide Tamil Nadu Act 8 of 1964, sec. 4 and Sch. II (10-6-1964)]
6. Trial of cases.—

(1) No Court inferior to that of a Presidency Magistrate or Magistrate of the first class shall try and offence under this Act.
(2) Notwithstanding anything, contained in Chapter XXII of the Code of Criminal Procedure, 1898 (Act 5 of 1898), no offence under this Act shall be triable summarily. State amendments Andhra Pradesh.—In sub-section (1) of section 6, omit the words ‘Presidency Magistrate or’. [Vide Andhra Pradesh Act 23 of 1958, sec. 3 and Sch. (1-2-1960)]

(Maharashtra) —For section 6 substitute the following section 6. “6. Trial of cases.—(1) No Court inferior to that of a Metropolitan Magistrate or Judicial Magistrate of the first class shall try any offence uner this Act.
(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, any Metropolitan Magistrate or any Judicial Magistrate of the first class may, if he thinks fit, try in a summary way all or any of the offences under this Act, and the provisions of sections 262 to 265 (both inclusive) of the said code shall, so far as may apply to such trial: Provided that where any case is tried summarily and the accused is convicted under this Act, no sentence of imprisonment for a term exceeding three months shall be passed by the Magistrate concerned and the provision for awarding punishment of minimum amount of fine under this Act shall not apply”. [Vide Maharashtra Act 23 of 1983, sec. 6 (w.r.e.f 18-1-1983)] Maharashtra, Gujarat.—After section 6, insert the following section:— “7. Repeal and saving.—The Police (Incitement to Disaffection) Act, 1922, as modified and applied to the Saurashtra area of the State of Bombay by the State of Saurashtra (Application of Central and Bombay Acts) Ordinance, 1948, is hereby repealed: Provided that such repeal shall not affect—

(a) the previous operation of the law so repealed, or
(b) any punishment incurred in respect of any offence committed against any of the provisions of the law so repealed, or
(c) any investigation, legal proceeding or remedy in respect of such punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such punishment may be imposed as if this Act had not been passed.” [Vide Bombay Act 77 of 1958, sec. 5 (7-10-1958); Act 11 of 1960, sec. 89 (1-5-1960)] Punjab, Haryana, Chandigarh.—In section 6, in its application to the State of Punjab (including Haryana and Chandigarh), for the words ‘Magistrate of the first class’, substitute the words ‘Judicial Magistrate of the first class’. [Vide Punjab Act 25 of 1964, sec. 2 and Sch. (2-10-1964)] Tamil Nadu.—In its application to territories added to Tamil Nadu by C.A. 56 of 1959, section 6, before “Magistrate of the first class’, insert the words ‘Presidency Magistrate or’ which were omitted by Andhra Pradesh Act 23 of 1958. [Vide Madras (Added Territories) A.L.O., 1961 (w.r.e.f 1-4-1960)]

THE POLICE (INCITEMENT TO DISAFFECTION) ACT, 1922 THE SCHEDULE (See section 2) Year No. Short Title Acts of the Governor-General in Council 1859 XXV The Madras District Police Act, 1859 1861 V The Police Act, 1861 1[***] 1[***] 1[***] 1888 III The Police Act, 1861 1892 V The Bengal Military Police Act, 1892 Madras Act 1888 III The Madras City Police Act, 1888 Bombay Acts 1890 IV The Bombay District Police Act, 1890 1902 IV The City of Bombay Police Act, 1890 Bengal Acts 1866 II The Calcutta Suburban Police Act, 1866 1866 IV The Calcutta Police Act, 1866 1890 III The Calcutta Port Act, 1890 1920 II The Eastern Frontier Rifles (Bengal Battalion) Act, 1920 2[***] 2[***] 2[***] Assam Act 1920 I The Assam Rifles Act, 1920 Regulation by the Governor-General in Council 1888 II The Andaman and Nicobar Islands Military Police Regulation, 1988 State Amendments Maharashtra, Gujarat.—I. In the Schedule, under the heading ‘Bombay Acts’, for the entries— ‘1890 IV The Bombay District Police Act, 1890 1902 IV The City of Bombay Police Act, 1902’ Substitute— “1951 XXII The Bombay Police Act, 1951” [Vide Bombay Act 21 of 1954, sec. 3 and Sch. II (8-4-1954); Act 11 of 1960, sec. 87] II. In the Schedule, under the heading ‘Bombay Acts’, add the following:— “1951 XXXVIII The Bombay State Reserve Police Force Act, 1951” [Vide Bombay Act 77 of 1958, sec. 6 (7-10-1958); Act 11 of 1960, sec. 87] ——————————- 1. The entry relating to the Burma Military Police Act, 1887 omitted by the A.C.A.O. 1948. 2. The entry relating to the Rangoon Police Act, 1899 omitted by the A.C.A.O. 1948. ———————————

1. Subs. by the A.O. 1950, for sub-section (2).
2. Subs. by the A.O. 1956, for “Part B States”.
3. Came into force in Assam on 25-1-1923 (vide Assam Gazette, 1923, Pt. II, p. 113); in Himachal Pradesh on 1-6-1974 (vide H.P. Gazette, 1974, Pt. I, p. 1144); in Punjab on 13-3-1930 (Vide Punjab Gazette, 1930, Pt. I, p. 342); in Bihar and Orissa (including the Santhal Parganas) on 15-5-1930 (vide Bihar and Orissa, Gazette, Extra., 1930); in the Bombay Presidency on 5-6-1930); (vide Bombay Gazette, 1930, Pt. I, p. 1394); in the Union Territory, of Andaman and Nicobar Islands on 1-5-1966 (vide Andaman and Nicobar Gazette, Extra., 1966); in the Union Territory of Delhi on 13-3-1975 (vide Delhi Gazette, Extra., 1975, Pt. IV, p. 75); in Madhya Bharat and Sironja regions of Madhya Pradesh on 1-1-1966 (vide M.P. Gazette, 1965, Pt. I, p. 1818); in Madhya Pradesh on 2-6-1979 (vide M.P. Gazette, Extra., p. 1927); in the Union Territory of Goa, Daman and Diu on 1-2-1965 (vide Goa Gazette, 1965, Sr. I, p. 3); in the Union Territory of Laccadive, Minicoy and Amindivi Islands on 1-10-1967 (vide Gazette of India, Extra, Pt-II, Sec. 3 (ii), p. 1527); in the Union Territory of Pondicherry on 1-8-1968 (vide Pondicherry Gazette, Extra., 1968); in West Bengal on 15-9-1976 (vide Calcutta Gazette, Extra.; 1976, Pt. I. p. 2755).
4. The words “His Majesty or” omitted by the A.O. 1950.
5. Subs. by the A.C.A.O. 1948, for “British India or British Burma”.
6. The words “or the town of Rangoon” omitted by the A.O. 1937.

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