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Section 61: Magisterial powers of Commissioner of Police

The Mizoram Police Act, 2011State Act of Mizoram · Act 3 of 2012

Subject to such conditions and limitations as may be specified by the State Government:

(a) the Commissioner of Police shall exercise the powers and duties of an Executive Magistrate under such provisions of the Code of Criminal Procedure 1973 (Act No 2 of 1974), and such other Acts, as may be specified in addition to the normal police powers and duties exercised by the District Superintendent of Police.

(b) any officer subordinate to the Commissioner of Police (not being an officer below the rank of Assistant Commissioner of Police) shall exercise the powers and duties of an Executive Magistrate, under the provisions of the Code of Criminal Procedure, 1973 (Act No 2 of 1974), as may be specified, under the overall control and supervision of the Commissioner of Police.

62. Constitution of police districts, police sub-divisions and police stations:

The State Government, in consultation with the Director General of Police, shall:-

(a) constitute appropriate number of Police Districts within each Commissionerate;

(b) divide such Police Districts into Police Sub-Divisions and specify the Police Stations comprised in each Sub-Divisions; and

(c) define the limits and extent of such Police Districts, Police Sub-Divisions and Police Stations;

63. Officers in charge of police districts, police sub-divisions and Police Stations

(1) Each Police District shall be under the charge of a Deputy Commissioner of Police, who may, if necessary, be assisted in the discharge of his duties by one or more Additional Deputy Commissioners of Police.

(2) Each Police Sub-Division shall be under the charge of an Assistant Commissioner of Police and each Police Station shall be under the charge of an Inspector of Police.

64. Security for keeping peace and order

(1) The Commissioner of Police or any officer of an above the rank of Assistant Commissioner, on receipt of information that a person-

(a) is likely to do any wrongful act that may lead to disturbance of public order; or

(b) habitually commits, or attempts to commit, or abets the commission of, the offence of kidnapping, abduction, extortion, cheating or mischief, or any offence punishable under Chapter XII of the Indian Penal Code (45 of 1860), or under section 489A, 489B, 489C, 489D or 489D of that Code; or (c ) habitually commit, or attempts to commit, or abets the commission of offence involving a breach of the peace; or

(d) is so dangerous as to render his being at large hazardous to the community;

may require, by an order, such person to show cause why he should not be ordered to execute a bond, with or without sureties, for good behaviour in the interest of peace and order in his jurisdiction, for a period not exceeding one year.

- 17 - Ex-20/2012

(2) An officer acting under sub-section(1) shall conduct the proceedings and issue orders in accordance with the procedure laid down in sections 111 to 122, and 124 of the Code of Criminal Procedure, 1973.

65. Power to operate certain Special Acts The State Government shall assign the enforcement and administration specially of the following Acts as well as other similar Acts, as it deems necessary, to the Commissioner of Police;

(1) The Indian Explosives Act 1884(Act No.IV of 1884);

(2) The Mental Health Act, 1987(Act No. 14 of 1887);

(3) The Poisons Act 1919(Act No.12 of 1919)

(4) The Police(Incitement to Disaffection) Act, 1922.

(5) The Immoral Traffic Prevention Act, 1956(Act No.104 of 1956);

(6) The Arms Act, 1959(Act No.54 of 1959);

(7) The Prevention of Cruelty to Animals Act, 1960(Act No.59 of 1960);

(8) The Indian Sarais Act, 1867(Act No.22 of 1867);

(9) The Cinematograph Act, 1952(Act No. xxxvii of 1952); and

(10) The Child marriage Restraint Act, 1929(Act No. 19 of 1929).

66. Police to be associated in urban planning While planning for any major developmental activity including development of new colonies, the concerned agency shall consult the Commissioner of Police to assess the likely impact of the proposed developmental activity on the safety and security needs of the citizens or any other policing requirements, and the suggestions based on such assessment shall be given due consideration in finalizing the plan.

67. Liaison and coordination with other government agencies In order to ensure proper liaison, consultation and coordination between the police, the municipal authorities, the district administration and such other departments of the government, whose functioning impacts the working of the police, the State Government, by notification, will constitute appropriate coordination machinery and lay down procedures.

Chapter – VIII Policing in the Context of Public Order and Internal Security Challenges

Where this provision sits

ActThe Mizoram Police Act, 2011
Section61
Marginal noteMagisterial powers of Commissioner of Police
JurisdictionState of Mizoram
StatusIn force as published by the source

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