The Police (Incitement to Disaffection) Act, 1922

An Act to provide a penalty for spreading of disaffection among the police and for kindred offences.

Act No. ACT NO. XXII OF 1922

Date: 5th October, 1922

¹An Act to provide a penalty for spreading of disaffection among the police and for kindred offences. WHEREAS it is expedient to penalize the spreading of disaffection among the police and other kindred offences; It is hereby enacted as follows:-

Section 1. Short title, extent and commencement

(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 ²Bangladesh or part thereof on such date as the ³Government may, by notification in the official Gazette, direct.

Section 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.

Section 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 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 ⁴Taka, 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.

Section 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 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.

Section 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.

Section 6. Trial of cases

(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.

Footnotes

1.Throughout this Act, except otherwise provided, the word "Bangladesh" was substituted, for the word "Pakistan" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973) (See: Bangladesh Laws (Revision And Declaration) Act, 1973)

2.The words "Bangladesh or part thereof" were substituted, for the words "any Province or part of a Province" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973) (See: Bangladesh Laws (Revision And Declaration) Act, 1973)

3.The word "Government" was substituted, for the words "Provincial Government" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973) (See: Bangladesh Laws (Revision And Declaration) Act, 1973)

4.The word "Taka" was substituted, for the word "rupees" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973) (See: Bangladesh Laws (Revision And Declaration) Act, 1973)