Chapter VII
OFFENCES, PENALTIES AND PROCEDURE
Penalty for refusal to serve as auxiliary police-officer
46. Any person who having been appointed as an auxiliary police-officer under section 10 without sufficient cause refuses to serve as such or to obey any lawful order or direction that may be given to him for the performance of his duties shall be punishable with fine which may extend to two hundred taka.
Penalty for making false statement, etc.
47. Any person who makes a false statement or uses a false document for the purpose of obtaining employment or release from employment as a police-officer shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred taka, or with both.
Penalty for misconduct of police-officer
48. Any police-officer who is guilty of cowardice or of any wilful breach of any provision of law or of any rule, regulation or order which it is his duty as such police-officer to observe or obey shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand taka, or with both.
Penalty for contravention of section 14
49. Any subordinate officer who resigns his office or withdraws himself from the duties thereof in contravention of section 14 shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand taka, or with both.
Penalty for neglect or refusal to deliver up certificate of appointment, etc.
50. Any police-officer who wilfully neglects or refuses to deliver up his certificate of appointment or the arms, accoutrements, clothing and other articles supplied to him for the performance of his duties immediately after he ceases to belong to the Force shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred taka, or with both.
Penalty for unlawful entry and search by police-officer
51. Any police-officer who without lawful authority or reasonable cause enters or searches or causes to be entered or searched any building, vessel, or place shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand taka, or with both.
Penalty for vexatious search, detention, etc., by police-officer
52. Any police-officer who vexatiously or unnecessarily searches, detains or arrests any person or seizes the property of any person shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand taka, or with both.
Penalty for personal violence, threat, etc., by police-officer
53. Any police-officer who offers any unnecessary personal violence to any person in his custody or holds out to an accused person any threat or promise not warranted by law shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand taka, or with both.
Penalty for unnecessary delay in forwarding an arrested person
54. Any police-officer who unnecessarily delays forwarding any person arrested to a Magistrate shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand taka, or with both.
Penalty for unauthorised use of police uniform
55. Any person who, not being a member of the Force, wears, without the permission of the Police Commissioner, the uniform of the Force or any dress having the appearance of that uniform shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to two hundred taka or with both.
Penalty for contravention of regulations under section 25
56. Whoever contravenes any regulation made under section 25 or any of the conditions of a licence or permission issued or granted under any such regulation shall be punishable with fine which may extend to two hundred taka.
Penalty for contravention of directions under section 27
57. Whoever contravenes any direction given under section 27 shall be punishable with fine which may extend to five hundred taka.
Penalty for contravention of prohibition under section 28
58. Whoever contravenes any prohibition made under section 28 shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred taka, or with both.
Penalty for contravention of order under section 29
59. Whoever contravenes any order made under section 29 shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred taka, or with both.
Penalty for contravention of prohibition under section 30
60. Whoever contravenes any prohibition made under section 30 shall be punishable with fine which may extend to five hundred taka.
Penalty for contravention of order under section 31
61. Whoever contravenes any order made under section 31 shall be punishable with fine which may extend to five hundred taka.
Penalty for contravention of order under section 38, 39 or 40
62. Whoever contravenes any order made under section 38, 39 or 40 shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand taka, or with both.
Penalty for entering or returning without permission
63. Any person who in contravention of an order made under section 38, 39 or 40 enters or returns without permission to the Metropolitan Area or enters or returns to the said Area with permission granted under section 45(2) but fails, contrary to the provisions thereof, to remove himself outside the said Area at the expiry of the period specified in the permission shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to five thousand taka, or with both.
Penalty for failure to conform to directions of police-officers
64. Whoever fails to conform to any reasonable direction of a police-officer given in fulfilment of any of his duties under this Ordinance shall be punishable with fine which may extend to one hundred taka.
Penalty for wrong driving and violation of traffic regulations
65. Whoever, when driving a vehicle along the street, without sufficient reason fails to keep on the left side of such street and when passing any other vehicle proceeding on the same direction fails to keep on the right side of such vehicle or violates any traffic regulation made by the Police Commissioner shall be punishable with fine which may extend to two hundred taka.
Penalty for wrong parking
66. Whoever leaves or parks any vehicle in any part of a street or public place where parking is prohibited by the Police Commissioner shall be punishable with fine which may extend to one hundred taka.
Penalty for obstructing a footway
67. Whoever drives, rides, leads, propels or leaves on any footway any vehicle, other than a perambulator, so that the same can stand across or upon such footway shall be punishable with fine which may extend to one hundred taka.
Penalty for causing obstruction in street or public places
68. Whoever causes obstruction in any street or public place-
(a) by allowing any vehicle which has to be loaded or unloaded, or to take up or set down passengers, to remain or stand therein longer than may be necessary for such purposes ; or
(b) by leaving any vehicle standing therein, shall be punishable with fine which may extend to one hundred taka.
Penalty for exposing anything for sale contrary to regulation
69. Whoever, contrary to any regulation made by the Police Commissioner, exposes or sets out anything for sale in or on any stall, booth, board, basket or in any other manner in any street or public place shall be punishable with fine which may extend to five hundred taka.
Penalty for letting loose any animal
70. Whoever in any street or public placeÔÇö
(a) negligently lets loose any animal so as to cause danger, injury, alarm or annoyance to any person or animal; or
(b) suffers a ferocious dog or other animal to be at large without a muzzle ; or
(c) sets on or urges a dog or other animal to attack, worry or put in fear any person or animal;
shall be punishable with fine which may extend to five hundred taka.
Penalty for exposing animal or vehicle for hire or sale, etc.
71. Whoever in any street or public place exposes for hire or sale any animal or vehicle or cleans any animal or vehicle, except at such times and places as the Police Commissioner may permit, shall be punishable with fine which may extend to one hundred taka.
Penalty for making or repairing vehicle in street or public place
72. Whoever in any street or public place makes any vehicle or part of a vehicle, or, except when in the case of an accident repairing on the spot is unavoidable repairs any vehicle or part of a vehicle, or carries on therein any manufacture or operation or work so as to be an impediment to traffic or annoyance to the public or neighbouring residents [shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand taka, or with both, and such vehicle shall be liable to be confiscated to the Government].
Penalty for keeping or storing building materials or other articles in street or public place
[72A. Whoever causes obstruction in any street or public place by keeping or storing building materials or other articles therein shall be punishable with fine which may extend to two thousand taka, and such materials or articles shall be liable to be confiscated to the Government.]
Penalty for slaughtering animal or cleaning a carcass
73. Whoever slaughters any animal or cleans a carcass or hide in or near to or within sight of a street or public place, except at a place set apart for the purpose by order of the Police Commissioner, shall be punishable with fine which may extend to five hundred taka.
Penalty for soliciting for purposes of prostitution
74. Any person who in any street or public place or within sight of, and in such manner as to be seen or heard from, any street or public place, whether from within any house or building or not,ÔÇö
(a) by words, gestures, or indecent personal exposure attracts or endeavours to attract attention for the purposes of prostitution ; or
(b) solicits or molests any person for the purposes of prostitution;
shall be punishable with imprisonment for a term which may extend to three months, or with fine, which may extend to five hundred taka, or with both.
Penalty for indecent behaviour in public
75. Whoever wilfully and indecently exposes his person in any street or public place or within sight of, and in such manner as may be seen from, any street or public place, whether from within any house or building or not, or uses indecent language or behaves indecently or riotously, or in a disorderly manner in a street or public place or in any office, station or landing place shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred taka, or with both.
Penalty for teasing women
76. Whoever wilfully and indecently exposes his person in any street or public place within sight of, and in such manner as may be seen by, any woman, whether from within any house or building or not, or wilfully presses or obstructs any woman in a street or public place or insults or annoys any woman by using indecent language or making indecent sounds, gestures, or remarks in any street or public place, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand taka, or with both.
Penalty for obstructing or annoying passengers in streets
77. Whoever wilfully puts, presses, hustles or obstructs any passenger in any street or public place, or by violent movement, menacing gestures, screaming, shouting, wilfully frightening any animal or otherwise disturbs the public peace and order shall be punishable with fine which may extend to two hundred taka.
Penalty for misbehaviour with intent to provoke a breach of peace
78. Whoever uses in any street or public place any threatening, abusive or insulting words with intent to provoke a breach of the peace or whereby a breach of the peace may be occasioned shall be punishable with fine which may extend to two hundred taka.
Penalty for exhibiting mimetic, musical or other performance, etc.
79. Whoever exhibits, contrary to any regulation made by the Police Commissioner, any mimetic, musical or other performance of a nature which may attract crowd, or carries or places bulky advertisements, pictures, figures or emblems in any street or public place whereby an obstruction to passengers or annoyance to the neighbouring residents may be occasioned shall be punishable with fine which may extend to two hundred taka.
Penalty for committing nuisance in or near street, etc.
80. Whoever in or near to any street or public place commits a nuisance by easing himself, or suffers any child in his care or custody under seven years of age to commit such nuisance or spits or throws any litter, refuse or rubbish so as to cause annoyance to any passer-by shall be punishable with fine which may extend to two hundred taka.
Penalty for begging and exposing offensive ailments
81. Whoever in any street or public place begs or applies for alms, or exposes or exhibits any sores, wounds, bodily ailment or deformity with the object of exciting charity or obtaining alms shall be punishable with imprisonment for a term which may extend to one month.
Penalty for bathing or washing in places not set apart for the purpose
82. Whoever bathes or washes in or by the side of a public well, tank, pond, pool or reservoir not set apart for such purposes by order of the Police Commissioner shall be punishable with fine which may extend to two hundred taka.
Penalty for smoking and spitting in contravention of a notice
83. Whoever in any building or place occupied by Government or by any local authority smokes or spits in contravention of a notice affixed to such building or place by the person in-charge of such building or place, shall be punishable with fine which may extend to one hundred taka.
Penalty for wilful trespass
84. Whoever without satisfactory excuse wilfully enters or remains in or upon any dwelling-house or premises or any land or ground attached thereto, or any ground, building, monument or structure belonging to Government or appropriated to public purposes, or any boat, vessel or vehicle, shall, whether he causes any damage or not, be punishable with fine which may extend to one hundred taka.
Penalty for false alarm of fire or damage to fire-alarm
85. Whoever knowingly gives or causes to be given a false alarm of fire to the fire-brigade or to any officer or firemen thereof, whether by means of a street fire-alarm, message or otherwise, or, with intent to give such false alarm, wilfully breaks the glass of, or otherwise damages, a street fire-alarm shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred taka, or with both.
Penalty for being found under suspicious circumstances between sunset and sunrise
86. Whoever is found between sunset and sunriseÔÇö
(a) armed without any satisfactory excuse with any dangerous instruments; or
(b) having without any satisfactory excuse his face covered or otherwise disguised; or
(c) in any dwelling house or other building, or on board any vessel or boat or in any vehicle without being able satisfactorily to account for his presence there; or
(d) lying or loitering in any street, yard or other place without being able to give a satisfactory account of himself; or
(e) having in his possession without satisfactory excuse any implement of house-breaking;
shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand taka, or with both.
Penalty for carrying weapon without authority
87. Whoever not being a police-officer or a member of any Defence Force or of the Bangladesh Rifles and acting as such, goes armed with sword, firearm or other offensive weapon or with any explosive or corrosive substance in any street or public place unless so authorised by lawful authority shall be liable to be disarmed by any police-officer and the weapon or substance so seized shall be forfeited to the Government, unless redeemed within one month on payment of such fine not exceeding one thousand taka as the Police Commissioner may impose.
Penalty for possession of property of which no satisfactory account can be given
88. Whoever has in his possession, or conveys in any manner, or offers for sale or pawn, anything which there is reason to believe to have been stolen or fraudulently obtained, shall, if he fails to account for such possession, be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand taka, or with both.
Penalty for taking liquor, etc. into hospital, etc.
89. Whoever takes or attempts to take any spirituous or fermented liquor or intoxicating drugs or preparations into any public hospital, or jail without the permission of the person in charge of such hospital or jail, or into any barracks or buildings occupied by the members of any disciplined force or into any educational institution, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred taka, or with both, and such spirits, liquors, drugs or preparations shall be forfeited to the Government.
Penalty for omission by pawn-brokers, etc., to report to police possession of stolen property
90. Whoever, being a pawn-broker, dealer in second-hand property or worker in metals, having received from any police-officer information regarding any property stolen or fraudulently obtained, comes into the possession of, or is offered in pawn or for sale, exchange or alteration, any property answering the description set forth in such information fails, without unnecessary delay, to give information to that effect at the nearest police-station and also to state the name and address of the person from whom the possession or offer was received shall be punishable with fine which may extend to two hundred taka.
Penalty for melting, etc., of such property
91. Whoever, having received such information as is referred to in section 90, alters, melts, defaces or puts away or causes or suffers to be altered, melted, defaced or put away, without the previous permission of the police, any such property, shall on proof that the same was stolen or fraudulently obtained, be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand taka, or with both.
Penalty for gambling in street
92. Whoever assembles with others in a street or public place for the purpose of gambling or wagering or joins any such assembly shall be punishable with fine which may extend to one hundred taka.
Penalty for permitting disorderly conduct at places of public amusement
93. Whoever, being the keeper of any place of public amusement or entertainment, knowingly permits drunkenness or other disorderly behaviour or any gaming whatsoever in such place shall be punishable with fine which may extend to two hundred taka.
Penalty for selling admission tickets at higher price
[93A. Whoever sells or offers for sale any ticket once issued for admission as spectator to any place of public amusement at a price higher than the price at which such ticket was originally issued shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred taka, or with both.]
Penalty for allowing cattle to stray in street or trespass upon property
94. Whoever allows any cattle, which are his property or in his charge, to stray in any street or to trespass upon any property shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred taka, or with both.
Penalty for affixing bills or otherwise defacing building, etc.
95. Whoever without the consent of the owner or occupier, affixes any bill, notice or paper against or upon any building, wall, tree fence, post pole or other erection with chalk, ink or paint or in any manner whatsoever, shall be punishable with fine which may extend to two hundred taka.
Penalty for lighting fires, discharging guns or letting off fire-works
96. Whoever sets fire to or burns any straw or other matter, or lights any bon-fire, or wantonly discharges any fire-arm or airgun, or lets off or throws any fire-work, in or near any street or public place, except at such times and places as may from time to time be allowed by the Police Commissioner, shall be punishable with fine which may extend to one hundred taka.
Abetment of offences
97. Any person who abets the commission of any offence punishable under this Ordinance shall be deemed to have committed that offence.
Offences committed by firms, etc.
98. If the person committing an offence punishable under this Ordinance is a firm, company or other body corporate, every partner, director, manager, secretary or other officer or agent thereof shall, unless he proves that the commission took place without his knowledge or that he exercised all due diligence to prevent such commission, be deemed to be guilty of such commission.
Cognizance of offences
99. No Court shall take cognizance of any offence punishable under this Ordinance except upon a report in writing made by a police-officer.
Power of arrest without warrant
100. Any police-officer may arrest without warrant any person committing in his presence or within his views any offence punishable under this Ordinance or under any other law for the time being in force.
Explanation. Nothing in this section shall be construed as restricting the exercise by any police-officer of any power of arrest conferred upon him by any other law.
Disposal of certain specified cases
101. (1) A Court taking cognizance of an offence punishable under section 56, 57, 60, 61, 64, 69, 70, 71, 72, 73, 77, 78, 79, 80, 82, 83, 84, 92, 93, 95 or 96 may state in the summons to be served on the accused person that he may, by a specified date prior to the hearing of the charge, plead guilty to the charge by registered letter and remit to the Court such sum, not exceeding one-fourth of the amount of fine specified for such offence, as the Court may specify.
(2) Where an accused person pleads guilty and remits the sum specified, no further proceeding in respect of the offence shall be taken against him.
Power of police-officers to impose penalty in certain cases
102. (1) If a police-officer not below such rank as the Police Commissioner may by public notice specify, finds that an offence punishable under section 65, 66, 67 or 68 has been committed, he may give the person who has committed the offence or, when such person is not available, affix on the body of the vehicle in respect of which the offence has been committed, a notice in the prescribed form specifyingÔÇö
(a) the offence committed by such person;
(b) the penalty, not exceeding fifty taka, in the case of a motor vehicle and ten taka, in any other case, which he is to pay; and
(c) the date on which he is to appear before the Magistrate and pay the penalty.
(2) If such person appears before the Magistrate and pays the penalty on the specified date, no further proceeding in respect of the offence committed by him shall be taken against him.
(3) If such person fails to appear before the Magistrate and pay the penalty on the specified date or does not show any cause to the satisfaction of the Magistrate for such failure, the penalty shall be realised from him in the same manner in which a fine imposed by a Magistrate may be realised as if it were a fine imposed by a Magistrate under this Ordinance.
(4) If such person appears before the Magistrate on the specified date but denies to have committed the offence specified in the notice, the Magistrate shall take cognizance of the offence specified in the notice, treating the notice to be a report in writing made by the police-officer who wrote it, and proceed with the case in accordance with the other provisions of this Ordinance, and in the trial of the case the burden shall lie upon such person to prove that he has not committed such offence.
(5) The provisions of this section shall have effect notwithstanding anything contained in this Ordinance or in any other law for the time being in force.
Prosecution for offences under other laws not affected
103. Nothing in this Ordinance shall be construed to prevent any person from being prosecuted and punished under any other law for any offence made punishable by this Ordinance or from being prosecuted and punished under this Ordinance for an offence punishable under any other law:
Provided that all such cases shall be subject to the provisions of section 403 of the Code.
Requisitioning of vehicles
[103A. (1) Notwithstanding anything contained in any other law for the time being in force, the Police Commissioner may, by order in writing, requisition any vehicle, for a period not exceeding seven days, if such vehicle is required in public interest.
(2) Whenever any vehicle is requisitioned under sub-section (1), the owner thereof shall be paid such compensation as may be prescribed.]