Short title, extent and commencement
1.(1) This Act may be called the Police (Incitement to Disaffection) Act, 1922
(2) It extends to the whole of Bangladesh.
(3) It shall come into force in [Bangladesh or part thereof] on such date as the [Government] may, by notification in the official Gazette, direct.
2. 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.
Penalty for causing disaffection, etc
3. Whoever intentionally causes or attempts to cause, or does any act which he knows is likely to cause, disaffection towards Bangladesh or the Government established by law in Bangladesh 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 [Taka], or with both.
Explanation- Expressions 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.
Saving of acts done by police associations and other persons for certain purposes
4. Nothing shall be deemed to be an offence under this Act which is done in good faith-
(a) for the purpose of promoting the welfare or interests of any member of a police-force by inducing him to withhold his services in any manner authorized 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 authorized or recognized by the Government and the act done is done under any rules or articles of the association which have been approved by the Government.
Sanction to trial of offences by subordinate Courts
5. 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.
Trial of cases
6.(1) No Court inferior to that of a Magistrate of the first class shall try any offence under this Act.
(2) Notwithstanding anything contained in Chapter XXII of the Code of Criminal Procedure, 1898
, no offence under this Act shall be triable summarily.
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Ministry of Law, Justice and Parliamentary Affairs