Act Number: 24

Act Name: The Madras District Police Act, 1859

Year: 1859

Enactment Date: 1859-07-06

Long Title: An Act for the better regulation of the Police within the Territories subject to the Presidency of Fort St. George.

Ministry: Ministry of Home Affairs

Department: Department of States

Section 22: Police Officer may arrest without warrant.
    It shall be the duty of every Police Officer, and he is hereby authorized, to arrest without warrant—
    1. Person charged with or suspected of grave crimes.—Any person who is charged on credible information, or whom he has reasonable ground to suspect of having been concerned in any grave or forcible crime or outrage.
    2. Persons charged with aggravated assault recently committed.—Any person who is charged with committing an aggravated assault in every case in which he shall have good reason to believe that such assault has been committed, although not in his view, and that by reason of the recent commission of the offence a warrant could not have been issued.
    3. Persons committing a breach of the peace.—Any person committing, or attempting to commit, any breach of the peace in his view, and who refuses to desist on being required thereto.
    4. Persons found injuring public buildings, &c.—Any person found injuring the public buildings, roads, tanks, and water channels, or committing any offence punishable by law. .
Proviso.---Provided always that where such offence is of a slight and petty nature, it shall not be necessary for the Police Officer to arrest, if, from the circumstances of the case, there is no reason to apprehend that the party will abscond.
    5. Vagrants and suspicious persons.—Any vagrant whom he shall find disturbing the public peace, or whom he shall have good cause to suspect of having committed, or being about to commit a crime; all persons whose name and residence is unknown, or whom he may find by night lying or loitering in any high-way, road, or other place, and who, in either case, are unable to give a satisfactory account of themselves.
    6. Persons assaulting Police Officer.—Any person who assaults, resists, or obstructs such Police Officer in the execution of his duty or aids or excites others so to do.
    7. Persons escaping from legal custody.—All persons who, having been in legal custody, shall have escaped therefrom.
    8. Persons charged with an offence, refusing to give name.—All persons who are charged with having done any injury or damage to the person or property of another, and who refuse to give their name and residence, or who give one which there is ground to believe to be false, may be detained solely for the purpose of ascertaining such name and residence, with a view to future proceedings.
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