FAQ's - Arms Licence
1) How does one procure a new Arms License?
Ans : By submitting an application in form 'A' with Rs. 5/- Court fees stamp.
2) How much time it takes to get a new Arms License?
Ans : About 2 months after the application is submitted (provided all the doccuments are in order)
3) What is the procedure to procure a New Arms License?
Ans : The application form is available in the District Police office or can be downloaded from this site. Submit it with relevant documents to the concerned Police station. The Police station makes an enquiry and submits the report to the Zonal DCP in Commissionerates and SPs in districts. The applicants are then interviewed by the DCP or DM (as the case may be). Once convinced, the licensing authority (CP or DM)issues the license.
4) Which documents are needed for obtaining a new Arms License?
Ans :1. Copy of Ration card
2. Election card
3. Last 3 year's I.T. Returns /chalan copy/assessment orders
4. Two character certificates from the responsible citizens from your locality
5. Physical fitness certificate
6. Proof of Educational Qualifications (self attested copies of certificates. Original should not be submitted alongwith application).
7. Proof of age (Birth Certificate/school leaving certificate)
8. supporting documents to justify the need for holding the arm for security or for sports etc.
5) How an Arms license is renewed?
Ans : Licensee should fill-in the renewal form and affix Rs. 5/- Court fees stamp thereupon. The licensee should produce his weapon and license for inspection at the time of renewal and pay the renewal fees. Renewal will be done immediately and the necessary noting about renewal will be made in the license.
6) My license has expired three months back. What should I do?
Ans : Fill up the renewal from, produce the weapon for inspection along with the license. You have to pay late fee and thereafter, the license will be renewed on satisfaction of the issueing authority about the delay.
7) My license has expired more than a year back, what should I do?
Ans : Produce the weapon for inspection before the licensing authorityalong with the renewal form. Submit your
explanation for the delay preferably with the documentary support for the same. You will be issued with a Show Cause Notice. Submit your reply within 15 days. The issue will be decided by the licensing authority on merits of the case, and the decision will be communicated to you by letter, through the concerned Police station.
8) License holder was out of station and hence could not renew the license in time. What is the remedy?
Ans :1. Deposit the weapon at the nearest Police station
2. Obtain receipt for the same
3. Fill up the renewal form as an agent of the license holder and submit the same.
4. When the license holder returns, direct him to the office of licensing authority for renewal of his arms license, as explained above.
9) How should I obtain a T.J.P. (Temporary Journey Permit)?
Ans :1.Submit an application as per the format (TJP - Temporary Journey Permit) with Rs. 5/- Court Fees Stamp.
2. Attach a copy of the license.
3. Next day, pay a fee of Rs. 20/-. If approved, your TJP will be issued on the next day.
4. TJP is only valid for 30 days and is subject to local restrictions imposed by the local authority
10) How do I get a license for property protection (Per-Pro Basis)?
Ans : License for property protection is granted on Per-Pro basis. The procedure is same as that of obtaining a new
license.
11) My father/uncle/husband/ relative was a license holder. He expired and now the license or the weapon is in my possession. What should I do ?
Ans :1. You have to deposit the weapon and the original license (with ammunition) for safe custody at the nearest police station. A safe custody receipt will be issued to you.
2. If you want to retain the weapon, submit your application for a new arms license in form A
3. Attach copy of death certificate with application.
4. The weapon can be kept in safe custody for one year. Charges for safe custody are @ Rs.50/- for per year.
5. Procedure for issuing a new license is same as explained above.
6. Please remember that grant of new license depends on your eligibility.
12) My father/relative is old. He wishes to give me his weapon. What is the procedure?
Ans :1. Make an application for arms license in form A .
2. Attach a consent letter of the license holder with an affidavit on Rs. 20/- stamp paper.
3. Attach NOC from all legal heirs on a Rs.20/- stamp paper, duly notarized.
4. The remaining procedure is same as for procuring a new license.
5. Please remember, grant of license depends upon your eligibility, and not on the wishes of donor.
13) My All India Arms License was issued in another State. I want it to be registered/renewed in Maharashtra. What should I do?
Ans : 1. Submit an application in prescribed form for re-registration to the licensing authority (C.P./D.M.).
2. Attach a copy of the arms license.
3. Attach residential proof.
4. NOC from the original licensing authority should also be attached. This NOC produced by the applicant is liable for a recheck from the concerned authorities directly.
5. A Police station report with remarks from the Zonal DCP/SP should also be attached. On receiving the NOC and remarks, decision shall be taken by the licensing authority about re-registration.
14) I want to make my license issued for one city, valid in the whole of Maharashtra. What is the procedure?
Ans : 1. Make an application, explaining the reasons for your request, on a plain paper with Rs.5/- court fees stamp; to the licensing authority.
2. Attach a copy of Arms license.
3. The application will be sent to the police station (having jurisdiction over the area of your place of residence) for enquiry.
4. On receipt of Police station report, you will be called for an interview.
5. The decision will be conveyed to you in writing through the Police station.
15) I want to make my license valid in the whole of India. What should I do?
Ans: 1.Submit an application (explaining the reasons) to the Government of Maharashtra, Pol-IX, Home Department, Mantralaya, Mumbai with a copy of the license.
2. The application will be sent to the Police station/Unit for an enquiry,
3. On receipt of the report, you will be interviewed by the appropriate authority.
4. The Government of Maharashtra will take the decision on merits and you will be informed accordingly.
16) I want to sell my weapon. What is the procedure?
Ans :1.Submit an application (on plain paper) with Rs.5/- court fees stamp and attach a copy of your license.
2. Inform Arms and Ammunition Branch/DM with relevant documents.
3. If all documents are in order, sale permission will be issued.
Ans : By submitting an application in form 'A' with Rs. 5/- Court fees stamp.
2) How much time it takes to get a new Arms License?
Ans : About 2 months after the application is submitted (provided all the doccuments are in order)
3) What is the procedure to procure a New Arms License?
Ans : The application form is available in the District Police office or can be downloaded from this site. Submit it with relevant documents to the concerned Police station. The Police station makes an enquiry and submits the report to the Zonal DCP in Commissionerates and SPs in districts. The applicants are then interviewed by the DCP or DM (as the case may be). Once convinced, the licensing authority (CP or DM)issues the license.
4) Which documents are needed for obtaining a new Arms License?
Ans :1. Copy of Ration card
2. Election card
3. Last 3 year's I.T. Returns /chalan copy/assessment orders
4. Two character certificates from the responsible citizens from your locality
5. Physical fitness certificate
6. Proof of Educational Qualifications (self attested copies of certificates. Original should not be submitted alongwith application).
7. Proof of age (Birth Certificate/school leaving certificate)
8. supporting documents to justify the need for holding the arm for security or for sports etc.
5) How an Arms license is renewed?
Ans : Licensee should fill-in the renewal form and affix Rs. 5/- Court fees stamp thereupon. The licensee should produce his weapon and license for inspection at the time of renewal and pay the renewal fees. Renewal will be done immediately and the necessary noting about renewal will be made in the license.
6) My license has expired three months back. What should I do?
Ans : Fill up the renewal from, produce the weapon for inspection along with the license. You have to pay late fee and thereafter, the license will be renewed on satisfaction of the issueing authority about the delay.
7) My license has expired more than a year back, what should I do?
Ans : Produce the weapon for inspection before the licensing authorityalong with the renewal form. Submit your
explanation for the delay preferably with the documentary support for the same. You will be issued with a Show Cause Notice. Submit your reply within 15 days. The issue will be decided by the licensing authority on merits of the case, and the decision will be communicated to you by letter, through the concerned Police station.
8) License holder was out of station and hence could not renew the license in time. What is the remedy?
Ans :1. Deposit the weapon at the nearest Police station
2. Obtain receipt for the same
3. Fill up the renewal form as an agent of the license holder and submit the same.
4. When the license holder returns, direct him to the office of licensing authority for renewal of his arms license, as explained above.
9) How should I obtain a T.J.P. (Temporary Journey Permit)?
Ans :1.Submit an application as per the format (TJP - Temporary Journey Permit) with Rs. 5/- Court Fees Stamp.
2. Attach a copy of the license.
3. Next day, pay a fee of Rs. 20/-. If approved, your TJP will be issued on the next day.
4. TJP is only valid for 30 days and is subject to local restrictions imposed by the local authority
10) How do I get a license for property protection (Per-Pro Basis)?
Ans : License for property protection is granted on Per-Pro basis. The procedure is same as that of obtaining a new
license.
11) My father/uncle/husband/ relative was a license holder. He expired and now the license or the weapon is in my possession. What should I do ?
Ans :1. You have to deposit the weapon and the original license (with ammunition) for safe custody at the nearest police station. A safe custody receipt will be issued to you.
2. If you want to retain the weapon, submit your application for a new arms license in form A
3. Attach copy of death certificate with application.
4. The weapon can be kept in safe custody for one year. Charges for safe custody are @ Rs.50/- for per year.
5. Procedure for issuing a new license is same as explained above.
6. Please remember that grant of new license depends on your eligibility.
12) My father/relative is old. He wishes to give me his weapon. What is the procedure?
Ans :1. Make an application for arms license in form A .
2. Attach a consent letter of the license holder with an affidavit on Rs. 20/- stamp paper.
3. Attach NOC from all legal heirs on a Rs.20/- stamp paper, duly notarized.
4. The remaining procedure is same as for procuring a new license.
5. Please remember, grant of license depends upon your eligibility, and not on the wishes of donor.
13) My All India Arms License was issued in another State. I want it to be registered/renewed in Maharashtra. What should I do?
Ans : 1. Submit an application in prescribed form for re-registration to the licensing authority (C.P./D.M.).
2. Attach a copy of the arms license.
3. Attach residential proof.
4. NOC from the original licensing authority should also be attached. This NOC produced by the applicant is liable for a recheck from the concerned authorities directly.
5. A Police station report with remarks from the Zonal DCP/SP should also be attached. On receiving the NOC and remarks, decision shall be taken by the licensing authority about re-registration.
14) I want to make my license issued for one city, valid in the whole of Maharashtra. What is the procedure?
Ans : 1. Make an application, explaining the reasons for your request, on a plain paper with Rs.5/- court fees stamp; to the licensing authority.
2. Attach a copy of Arms license.
3. The application will be sent to the police station (having jurisdiction over the area of your place of residence) for enquiry.
4. On receipt of Police station report, you will be called for an interview.
5. The decision will be conveyed to you in writing through the Police station.
15) I want to make my license valid in the whole of India. What should I do?
Ans: 1.Submit an application (explaining the reasons) to the Government of Maharashtra, Pol-IX, Home Department, Mantralaya, Mumbai with a copy of the license.
2. The application will be sent to the Police station/Unit for an enquiry,
3. On receipt of the report, you will be interviewed by the appropriate authority.
4. The Government of Maharashtra will take the decision on merits and you will be informed accordingly.
16) I want to sell my weapon. What is the procedure?
Ans :1.Submit an application (on plain paper) with Rs.5/- court fees stamp and attach a copy of your license.
2. Inform Arms and Ammunition Branch/DM with relevant documents.
3. If all documents are in order, sale permission will be issued.
FAQ's - Passport/Visa
1)What is a Passport?
Ans : "Passport" is an official document, issued by competent authority on behalf of a sovereign nation state, certifying the holders identity and nationality, & authorizing the holder to travel abroad.
2)Where is the passport application form available?
Ans : Passport application forms are available at Regional Passport Offices. They are also available at http://passport.nic.in
3)What are the fees for issuing a passport ?
Ans : 1. Fresh Passport ( 36 pages ) of 10 years validity- Rs. 1,000.
2. Fresh Passport ( 60 pages ) of 10 years validity - Rs. 1,500.
3. Fresh Passport for Minors ( Below 15 years of Age ) of 5 years validity - Rs.600
(Cash either by Bank Draft in favor of the Passport Office or in Cash. In case of D.D. full name of the applicant and application number to be written on the reverse of the draft.)
4)What is the procedure if the passport is lost?
Ans : A complaint should be lodged in the concerned local police station and thereafter, an application for a new passport should be submitted.
5)How many days are required for police verification?
Ans : The verification procedure takes about 3 weeks from the receipt of the application.
6)What are the documents required to apply for a passport ?
Ans : Attach two copies of the following documents:
1. Applicant's Ration Card or any of the following documents.
a) Telephone Bill.
b) Electricity Bill.
c) Bank Account Passbook.
d) Election Card.
e) Letter from the Society on letterhead.
f) NOC from the department if applicant is a Government servant.
2. Proof of date of birth : School leaving certificate / Birth certificate.
3. Citizenship documents (If applicant is citizen of India by registration or naturalization).
4. If the applicant does not reside on the present address for the last one year, an additional set of personal particulars form for each additional place of residence is required.
5. Colour Photographs (frontal view).
6. Two photographs are required for verification at the local police station.
7)What is the procedure if the applicant is minor?
Ans : Attach following additional documents :-
a) Affidavit by legal guardian (if parents are not legal guardians).
b) Affidavit by two responsible persons who know the legal guardian as well as the minor.
c) Attested photocopy of passport if any, of both parents, incorporating their present marital status.
8)What is procedure for change of name after marriage / divorce?
Ans : a) A woman applying for the first time for a passport in her married name or for change of name/surname in the existing passport on account of marriage should furnish:
i) A photocopy of the husband's passport (if issued to him).
ii) An attested copy of the marriage certificate issued by Registrar of Marriages or an affidavit from the husband and wife along with a joint photograph.
b) Divorcees applying for change of name or deletion of spouse's name in existing passport must furnish:
i) Divorce deed / Order of family court.
ii) Affidavit furnishing details about divorce.
c) Re-married applicants applying for a change of name/spouse's name should furnish:
i) Divorce/death certificate as the case may be in respect of first spouse, and
ii) Documents as (a) above relating to second marriage.
9)List of applicants entitled to Emigration Check Not Required stamp (E.C.N.R.)
Ans : a)People going abroad in managerial capacity and possessing specialized degrees in their respective fields.
b)All Gazetted Government servants.
c)All Income-Tax payers (including Agricultural Income-Tax Payees) in their individual capacity. I.T. assessment orders issued by Income-Tax Dept. for last three years be submitted along with application for passport. If assessment order is not issued, copies of Income Tax Return stamped by Income Tax authority can be accepted.
d)All professional degree holders, such as doctors holding M.B.B.S. degree in Ayurveda or Homoeopathy, accredited Journalists, Engineers, Chartered Accountants, Cost Accountants, Lecturers, Teachers, Scientists, Advocates etc.
e)Spouses and dependent children up to the age of 24 years are listed from (b) to (d).
f)All persons who have been staying abroad for more than 3 years
g)Seamen who are in possession of CDC or C cadets.
h)All holders of Diplomatic/Official passports.
i)Dependent children of parents whose passports are classified as E.C.N.R. until they attain 24 years of age.
j)Persons holding permanent Immigrant Visas.
k)Persons holding Graduate or higher degrees.
l)Persons holding 3 years diploma equivalent to degrees.
m)Nurses possessing qualifications recognized under the Indian Nursing Council Act-1947.
n)All persons above the age of 60 years Note- No emigration clearance is required for visiting Bangladesh, Pakistan and all countries of Europe (Excluding C.I.S. States ), North America, Australia, Japan and
New Zealand.
o)No emigration clearance is required for persons possessing certificate of Vocational Training from the Government/ Government recognized institutions.
10)What is a VISA?
Ans : VISA refers to an endorsement (writing or branding) on the passport, made by competent authority of a nation State, allowing entry to the passport holder into another country. VISA is necessary for entry into another country.
Ans : "Passport" is an official document, issued by competent authority on behalf of a sovereign nation state, certifying the holders identity and nationality, & authorizing the holder to travel abroad.
2)Where is the passport application form available?
Ans : Passport application forms are available at Regional Passport Offices. They are also available at http://passport.nic.in
3)What are the fees for issuing a passport ?
Ans : 1. Fresh Passport ( 36 pages ) of 10 years validity- Rs. 1,000.
2. Fresh Passport ( 60 pages ) of 10 years validity - Rs. 1,500.
3. Fresh Passport for Minors ( Below 15 years of Age ) of 5 years validity - Rs.600
(Cash either by Bank Draft in favor of the Passport Office or in Cash. In case of D.D. full name of the applicant and application number to be written on the reverse of the draft.)
4)What is the procedure if the passport is lost?
Ans : A complaint should be lodged in the concerned local police station and thereafter, an application for a new passport should be submitted.
5)How many days are required for police verification?
Ans : The verification procedure takes about 3 weeks from the receipt of the application.
6)What are the documents required to apply for a passport ?
Ans : Attach two copies of the following documents:
1. Applicant's Ration Card or any of the following documents.
a) Telephone Bill.
b) Electricity Bill.
c) Bank Account Passbook.
d) Election Card.
e) Letter from the Society on letterhead.
f) NOC from the department if applicant is a Government servant.
2. Proof of date of birth : School leaving certificate / Birth certificate.
3. Citizenship documents (If applicant is citizen of India by registration or naturalization).
4. If the applicant does not reside on the present address for the last one year, an additional set of personal particulars form for each additional place of residence is required.
5. Colour Photographs (frontal view).
6. Two photographs are required for verification at the local police station.
7)What is the procedure if the applicant is minor?
Ans : Attach following additional documents :-
a) Affidavit by legal guardian (if parents are not legal guardians).
b) Affidavit by two responsible persons who know the legal guardian as well as the minor.
c) Attested photocopy of passport if any, of both parents, incorporating their present marital status.
8)What is procedure for change of name after marriage / divorce?
Ans : a) A woman applying for the first time for a passport in her married name or for change of name/surname in the existing passport on account of marriage should furnish:
i) A photocopy of the husband's passport (if issued to him).
ii) An attested copy of the marriage certificate issued by Registrar of Marriages or an affidavit from the husband and wife along with a joint photograph.
b) Divorcees applying for change of name or deletion of spouse's name in existing passport must furnish:
i) Divorce deed / Order of family court.
ii) Affidavit furnishing details about divorce.
c) Re-married applicants applying for a change of name/spouse's name should furnish:
i) Divorce/death certificate as the case may be in respect of first spouse, and
ii) Documents as (a) above relating to second marriage.
9)List of applicants entitled to Emigration Check Not Required stamp (E.C.N.R.)
Ans : a)People going abroad in managerial capacity and possessing specialized degrees in their respective fields.
b)All Gazetted Government servants.
c)All Income-Tax payers (including Agricultural Income-Tax Payees) in their individual capacity. I.T. assessment orders issued by Income-Tax Dept. for last three years be submitted along with application for passport. If assessment order is not issued, copies of Income Tax Return stamped by Income Tax authority can be accepted.
d)All professional degree holders, such as doctors holding M.B.B.S. degree in Ayurveda or Homoeopathy, accredited Journalists, Engineers, Chartered Accountants, Cost Accountants, Lecturers, Teachers, Scientists, Advocates etc.
e)Spouses and dependent children up to the age of 24 years are listed from (b) to (d).
f)All persons who have been staying abroad for more than 3 years
g)Seamen who are in possession of CDC or C cadets.
h)All holders of Diplomatic/Official passports.
i)Dependent children of parents whose passports are classified as E.C.N.R. until they attain 24 years of age.
j)Persons holding permanent Immigrant Visas.
k)Persons holding Graduate or higher degrees.
l)Persons holding 3 years diploma equivalent to degrees.
m)Nurses possessing qualifications recognized under the Indian Nursing Council Act-1947.
n)All persons above the age of 60 years Note- No emigration clearance is required for visiting Bangladesh, Pakistan and all countries of Europe (Excluding C.I.S. States ), North America, Australia, Japan and
New Zealand.
o)No emigration clearance is required for persons possessing certificate of Vocational Training from the Government/ Government recognized institutions.
10)What is a VISA?
Ans : VISA refers to an endorsement (writing or branding) on the passport, made by competent authority of a nation State, allowing entry to the passport holder into another country. VISA is necessary for entry into another country.
FAQ's - F.I.R. / N.C. / COMPLAINT / COGNIZANCE
1) What is an F.I.R ?
Ans : F.I.R. means First Information Report, made to police, about commission of a cognizable offence, In effect, it amounts to putting law in to motion by giving information relating to the commission of a cognizable offence to anofficer in charge of a police station, (which shall be reduced into writing and read over tothe informant) and shall be signed by the person giving such information.
It is mandatory to give a copy of the first information report (as recorded by police) to the complainant or informant free of cost.
Ans : F.I.R. means First Information Report, made to police, about commission of a cognizable offence, In effect, it amounts to putting law in to motion by giving information relating to the commission of a cognizable offence to anofficer in charge of a police station, (which shall be reduced into writing and read over tothe informant) and shall be signed by the person giving such information.
It is mandatory to give a copy of the first information report (as recorded by police) to the complainant or informant free of cost.
2) How do I lodge F.I.R.?
Ans : The informant/ complainant should go to the police station having jurisdiction over the area (where the offence is committed) and report to officer in-charge/ station house officer about commission of a cognizable offence. In case information is given on telephone, the informant / complainant should subsequently go to the police station for registration of F.I.R.
Ans : The informant/ complainant should go to the police station having jurisdiction over the area (where the offence is committed) and report to officer in-charge/ station house officer about commission of a cognizable offence. In case information is given on telephone, the informant / complainant should subsequently go to the police station for registration of F.I.R.
3) What is a cognizable case or What is cognizable offence ?
Ans : A cognizable case means a case in which a police officer may, in accordance with the First Schedule of Cr.P.C. (1973), or under any other law for the time being in force, arrest without warrant.
Ans : A cognizable case means a case in which a police officer may, in accordance with the First Schedule of Cr.P.C. (1973), or under any other law for the time being in force, arrest without warrant.
4) What is the meaning of the term ‘taking
cognizance’?
Ans: The term ‘taking cognizance’ has not been defined in Code of Criminal Procedure. When any Magistrate takes cognizance under section 190 (1) (a) Cr.P.C., he must not only have applied his mind to the contents of the petition, but he must have done so for the purpose of proceeding in a particular way as per procedure prescribed in the Cr.P.C., and there after sending the complaint for further enquiry. A magistrate can also order investigations under section 156(3) of Cr.P.C.
Ans: The term ‘taking cognizance’ has not been defined in Code of Criminal Procedure. When any Magistrate takes cognizance under section 190 (1) (a) Cr.P.C., he must not only have applied his mind to the contents of the petition, but he must have done so for the purpose of proceeding in a particular way as per procedure prescribed in the Cr.P.C., and there after sending the complaint for further enquiry. A magistrate can also order investigations under section 156(3) of Cr.P.C.
5) What is a Non cognizable offence ?
Ans : Non cognizable offence means in which a police officer has no authority to arrest without warrant.
Ans : Non cognizable offence means in which a police officer has no authority to arrest without warrant.
6) How do I lodge a NC complaint ?
Ans : Information about such offences is to be given in a similar manner as explained under F.I.R.. The officer in-charge would reduce the complaint in writing (about commission of Non cognizable offence ) and give a copy thereof to the complainant free of cost.
No police officer can investigate a non-cognizable case unless he obtains prior permission of a Magistrate having power to try such case.
Ans : Information about such offences is to be given in a similar manner as explained under F.I.R.. The officer in-charge would reduce the complaint in writing (about commission of Non cognizable offence ) and give a copy thereof to the complainant free of cost.
No police officer can investigate a non-cognizable case unless he obtains prior permission of a Magistrate having power to try such case.
7) What is meant by a ‘complaint’ ?
Ans : Complaint means any allegation made orally or in writing to a Magistrate, with a view to his taking action under the code of criminal procedure (1973), that some person (whether known or unknown), has committed an offence.
Ans : Complaint means any allegation made orally or in writing to a Magistrate, with a view to his taking action under the code of criminal procedure (1973), that some person (whether known or unknown), has committed an offence.
8) What is meant by public place ?
Ans : Public place includes (and means) the foreshore, the precincts of every public building or monument, and all place accessible to the public for drawing water, washing or bathing or for the purpose of recreation.
{ B.P.Act 1951, sec 2(13) }
Ans : Public place includes (and means) the foreshore, the precincts of every public building or monument, and all place accessible to the public for drawing water, washing or bathing or for the purpose of recreation.
{ B.P.Act 1951, sec 2(13) }
FAQ's - Prohibitory Orders
1) What is meant by Prohibitory Orders?
Ans : Prohibitory Orders refer to orders issued by competent authorities prohibiting certain things under various ACTs viz,,Bombay Police Act, 1951, Cr.P.C. etc.
Prohibitory Orders are issued by C.P. / D.M. under section 37 of B. P. Act 1951. Such orders are valid for a term of 15 days (at a time) and are renewed by the competent issuing authorities from time to time.
Prohibitory orders under section 37 referred to above are issued to prohibit :
a) assembly of 5 or more persons,
b) Processions of any kind,
c) Use of loudspeakers, amplifying instruments, musical band and bursting of crackers,
d) Carrying of arms, cudgels, sticks or lathis, swords, spears, knives, unlicensed guns or any other articles capable of being used for causing physical harm or violence,
e) Carrying of any corrosive substance or explosive, or carrying or colleting projectlites like stones or other instrument which can be used to cause harm or violence,
f) Exhibition of effigies, corpses, or figures/figurines, public utterances / loud cries, singing of songs, playing of music,delivery of harangues, use of gestures or mimetic representation, exhibition or dessimination of pictures, symbols,placards or any other objects / things that may, in the opinion of any police, offend against decency/morality or undermine the security of, or tend to overthrow the State
Ans : Prohibitory Orders refer to orders issued by competent authorities prohibiting certain things under various ACTs viz,,Bombay Police Act, 1951, Cr.P.C. etc.
Prohibitory Orders are issued by C.P. / D.M. under section 37 of B. P. Act 1951. Such orders are valid for a term of 15 days (at a time) and are renewed by the competent issuing authorities from time to time.
Prohibitory orders under section 37 referred to above are issued to prohibit :
a) assembly of 5 or more persons,
b) Processions of any kind,
c) Use of loudspeakers, amplifying instruments, musical band and bursting of crackers,
d) Carrying of arms, cudgels, sticks or lathis, swords, spears, knives, unlicensed guns or any other articles capable of being used for causing physical harm or violence,
e) Carrying of any corrosive substance or explosive, or carrying or colleting projectlites like stones or other instrument which can be used to cause harm or violence,
f) Exhibition of effigies, corpses, or figures/figurines, public utterances / loud cries, singing of songs, playing of music,delivery of harangues, use of gestures or mimetic representation, exhibition or dessimination of pictures, symbols,placards or any other objects / things that may, in the opinion of any police, offend against decency/morality or undermine the security of, or tend to overthrow the State
2) What is the penality for contravention / breach of prohibitory
orders under section 37 B.P. Act 1951?
Ans : Section 135 of B.P. Act 1951 provides for penal action for such contravention.
Ans : Section 135 of B.P. Act 1951 provides for penal action for such contravention.
FAQ's - Arrest - Bail
1) What is 'Arrest"?
Ans : As per Ballentine's Law Dictionary 1948 Ed.P.105, arrest means the taking, seizing, or detaining of the person of another, either by touching, or putting hands on him, or by any act which indicates an intention to take him into custody, and subjects the person arrested to the actual control and will of the person making the arrest.
Chapter V and section 41 to 59 of Criminal Procedure Code 1973, deals with Arrest of Persons.
As per section 41 (1) Cr.P.C, any police officer may, without an order from a Magistrate and without a warrant, arrest any person,
(a) who has been concerned in any cognizable offence, or a reasonable complaint has been made, or credible information has been received or a reasonable suspicion exists; or
(b) who has in his possession of any implement of house breaking; or
(c) who has been proclaimed as an offender or
(d) in whose possession anything is found which may reasonably be suspected to be stolen property; or
(e) who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody;
(f) reasonably suspected of being a deserter from any of the Armed Forces.
As per section 42 of Cr.P.C., any person who, in the presence of a police officer, has committed or has been accused of committing a non-cognizable offence, refuses on demand of such officer to give his name and residence, can be arrested.
As per section 50 of Cr.P.C., person arrested without warrant has to be informed about the grounds of his arrest and about his entitlement regarding bail.
As per section 53 of Cr.P.C., when a person is arrested and if there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of a police officer not below the rank of sub-inspector (and for any person acting in good faith in his aid and his direction), to make such an examination of a person arrested as is reasonably necessary, and to use such force as is reasonably necessary for that purpose.
When a person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner.
As per section 56 of Cr.P.C., A police officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions herein contained as to bail, take or send the person arrested before a Magistrate having jurisdiction in the case or before the officer in-charge of a police station.
As per section 57 of Cr.P.C., No police officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under section 167, exceed 24 hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court.
As per section 151 of Cr.P.C., a person can also be arrested to prevent commission of cognizable offences.
Ans : As per Ballentine's Law Dictionary 1948 Ed.P.105, arrest means the taking, seizing, or detaining of the person of another, either by touching, or putting hands on him, or by any act which indicates an intention to take him into custody, and subjects the person arrested to the actual control and will of the person making the arrest.
Chapter V and section 41 to 59 of Criminal Procedure Code 1973, deals with Arrest of Persons.
As per section 41 (1) Cr.P.C, any police officer may, without an order from a Magistrate and without a warrant, arrest any person,
(a) who has been concerned in any cognizable offence, or a reasonable complaint has been made, or credible information has been received or a reasonable suspicion exists; or
(b) who has in his possession of any implement of house breaking; or
(c) who has been proclaimed as an offender or
(d) in whose possession anything is found which may reasonably be suspected to be stolen property; or
(e) who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody;
(f) reasonably suspected of being a deserter from any of the Armed Forces.
As per section 42 of Cr.P.C., any person who, in the presence of a police officer, has committed or has been accused of committing a non-cognizable offence, refuses on demand of such officer to give his name and residence, can be arrested.
As per section 50 of Cr.P.C., person arrested without warrant has to be informed about the grounds of his arrest and about his entitlement regarding bail.
As per section 53 of Cr.P.C., when a person is arrested and if there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of a police officer not below the rank of sub-inspector (and for any person acting in good faith in his aid and his direction), to make such an examination of a person arrested as is reasonably necessary, and to use such force as is reasonably necessary for that purpose.
When a person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner.
As per section 56 of Cr.P.C., A police officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions herein contained as to bail, take or send the person arrested before a Magistrate having jurisdiction in the case or before the officer in-charge of a police station.
As per section 57 of Cr.P.C., No police officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under section 167, exceed 24 hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court.
As per section 151 of Cr.P.C., a person can also be arrested to prevent commission of cognizable offences.
2) What is meant by "Bailable / Non-bailable offences"?
Ans : 1. Under the Code of Criminal Procedure 1973 (first shedule), offences have been classified as ‘bailable’ and ‘non-bailable’ offences.
2. In the case of bailable offences, it is binding upon the investigating officer to
grant bail. However, in case of a non-bailable offence, the police can not grant bail and bail can be
granted by a Judicial Magistrate/Judge only.
3.In case of bailable offences, if the accused produces proper surety, and fulfills other conditions, it is binding upon the Investigating officer to grant bail.
4.In the case of a non-bailable offence, the Investigating Officer must produce the accused before the Judicial Magistrate / Judge concerned within 24 hours of his arrest. At that time, the accused has a right to apply for bail.
3.In case of bailable offences, if the accused produces proper surety, and fulfills other conditions, it is binding upon the Investigating officer to grant bail.
4.In the case of a non-bailable offence, the Investigating Officer must produce the accused before the Judicial Magistrate / Judge concerned within 24 hours of his arrest. At that time, the accused has a right to apply for bail.
FAQ's - Loudspeaker
1) Do I need permission for using loud speakers?
Ans : Yes. You should obtain permission from concerned C.P/ S.P./ District Magistrate for sound amplification under rules made under sec 33 of B.P.Act,1951. Such a permission is required to be taken for private/ public functions held in private / public places.
2) Do I need license for public show of cinema?
Ans : Yes. You have to obtain a temporary performance license from concerned licensing authority (C.P./D.M.).
3) Do I need license/ permission for dramatic/mimetic/musical performances?
Ans : Yes. You have to obtain a temporary performance/premises license from concerned licensing authority (C.P./D.M.).
4) Do I need to take permission for organizing a morcha/dharna/public meeting or rally?
Ans : Yes. You need to take permission for taking out a morcha/ dharna/ organising public meeting or rallies from concerned Commissioner of Police or District Magistrate.
5) Do I need a license for consumption / possession of Liquor?
Ans : Yes, you need to take license for consumption / possession of Liquor from concerned Commissioner of Police or District Magistrate.
Ans : Yes. You should obtain permission from concerned C.P/ S.P./ District Magistrate for sound amplification under rules made under sec 33 of B.P.Act,1951. Such a permission is required to be taken for private/ public functions held in private / public places.
2) Do I need license for public show of cinema?
Ans : Yes. You have to obtain a temporary performance license from concerned licensing authority (C.P./D.M.).
3) Do I need license/ permission for dramatic/mimetic/musical performances?
Ans : Yes. You have to obtain a temporary performance/premises license from concerned licensing authority (C.P./D.M.).
4) Do I need to take permission for organizing a morcha/dharna/public meeting or rally?
Ans : Yes. You need to take permission for taking out a morcha/ dharna/ organising public meeting or rallies from concerned Commissioner of Police or District Magistrate.
5) Do I need a license for consumption / possession of Liquor?
Ans : Yes, you need to take license for consumption / possession of Liquor from concerned Commissioner of Police or District Magistrate.
FAQ's - Externment
1) What is meant by externment?
Ans : As per section 55 of Bombay Police Act, 1951, if the movement or encampment of any gang or body of persons is causing or is calculated to cause danger or alarm or reasonable suspicion that unlawful designs are entertained by such gang, or by members thereof, then such gangs/ bodies of persons can be dispersed and ordered that they remove themselves outside the area. This is process is called externment of gangs and Sub Divisional Magistrates in Districts and DCsP in Commissionerates are empowered to pass such orders.
Similarly, section 56 of Bombay Police Act, 1951 empowers the above named authorities to extern persons engaged in or about to be engaged in offences punishable under Ch XII - XVI – XVII I.P.C. .(for details, please refer sections 55-56 of Bombay Police Act, 1951 )
2) What is preventive detention?
Ans : When the executive officers charged with responsibility of maintaining law and order / Public order in their jurisdictions have reasons to believe that activities/ movements of a person are detrimental / prejudicial to maintaining public tranquility and smooth flow of life, such authorities (C.P./D.M.) may authorize and order such a person to be detained under the various preventive detention laws.
3) What are the executive powers (of CP/DM & other empowered officials) to prohibit certain acts for prevention of disorder?
Ans : The commissioner of Police and the District Magistrate in areas under their respective charges may issue order in writing u/s 37 (3) of Bombay Police Act, 1951 for prohibiting any assembly or procession whenever and for so long as it consider such prohibition necessary for preservation of the public order. Such written order can also be issued for prohibiting the carrying of arms, swords, spears, guns, knives, sticks or lathis, or any other article, which is capable of being used for causing physical violence.
Ans : As per section 55 of Bombay Police Act, 1951, if the movement or encampment of any gang or body of persons is causing or is calculated to cause danger or alarm or reasonable suspicion that unlawful designs are entertained by such gang, or by members thereof, then such gangs/ bodies of persons can be dispersed and ordered that they remove themselves outside the area. This is process is called externment of gangs and Sub Divisional Magistrates in Districts and DCsP in Commissionerates are empowered to pass such orders.
Similarly, section 56 of Bombay Police Act, 1951 empowers the above named authorities to extern persons engaged in or about to be engaged in offences punishable under Ch XII - XVI – XVII I.P.C. .(for details, please refer sections 55-56 of Bombay Police Act, 1951 )
2) What is preventive detention?
Ans : When the executive officers charged with responsibility of maintaining law and order / Public order in their jurisdictions have reasons to believe that activities/ movements of a person are detrimental / prejudicial to maintaining public tranquility and smooth flow of life, such authorities (C.P./D.M.) may authorize and order such a person to be detained under the various preventive detention laws.
3) What are the executive powers (of CP/DM & other empowered officials) to prohibit certain acts for prevention of disorder?
Ans : The commissioner of Police and the District Magistrate in areas under their respective charges may issue order in writing u/s 37 (3) of Bombay Police Act, 1951 for prohibiting any assembly or procession whenever and for so long as it consider such prohibition necessary for preservation of the public order. Such written order can also be issued for prohibiting the carrying of arms, swords, spears, guns, knives, sticks or lathis, or any other article, which is capable of being used for causing physical violence.
FAQ's - Externment
1) What is meant by externment?
Ans : As per section 55 of Bombay Police Act, 1951, if the movement or encampment of any gang or body of persons is causing or is calculated to cause danger or alarm or reasonable suspicion that unlawful designs are entertained by such gang, or by members thereof, then such gangs/ bodies of persons can be dispersed and ordered that they remove themselves outside the area. This is process is called externment of gangs and Sub Divisional Magistrates in Districts and DCsP in Commissionerates are empowered to pass such orders.
Similarly, section 56 of Bombay Police Act, 1951 empowers the above named authorities to extern persons engaged in or about to be engaged in offences punishable under Ch XII - XVI – XVII I.P.C. .(for details, please refer sections 55-56 of Bombay Police Act, 1951 )
2) What is preventive detention?
Ans : When the executive officers charged with responsibility of maintaining law and order / Public order in their jurisdictions have reasons to believe that activities/ movements of a person are detrimental / prejudicial to maintaining public tranquility and smooth flow of life, such authorities (C.P./D.M.) may authorize and order such a person to be detained under the various preventive detention laws.
3) What are the executive powers (of CP/DM & other empowered officials) to prohibit certain acts for prevention of disorder?
Ans : The commissioner of Police and the District Magistrate in areas under their respective charges may issue order in writing u/s 37 (3) of Bombay Police Act, 1951 for prohibiting any assembly or procession whenever and for so long as it consider such prohibition necessary for preservation of the public order. Such written order can also be issued for prohibiting the carrying of arms, swords, spears, guns, knives, sticks or lathis, or any other article, which is capable of being used for causing physical violence.
Ans : As per section 55 of Bombay Police Act, 1951, if the movement or encampment of any gang or body of persons is causing or is calculated to cause danger or alarm or reasonable suspicion that unlawful designs are entertained by such gang, or by members thereof, then such gangs/ bodies of persons can be dispersed and ordered that they remove themselves outside the area. This is process is called externment of gangs and Sub Divisional Magistrates in Districts and DCsP in Commissionerates are empowered to pass such orders.
Similarly, section 56 of Bombay Police Act, 1951 empowers the above named authorities to extern persons engaged in or about to be engaged in offences punishable under Ch XII - XVI – XVII I.P.C. .(for details, please refer sections 55-56 of Bombay Police Act, 1951 )
2) What is preventive detention?
Ans : When the executive officers charged with responsibility of maintaining law and order / Public order in their jurisdictions have reasons to believe that activities/ movements of a person are detrimental / prejudicial to maintaining public tranquility and smooth flow of life, such authorities (C.P./D.M.) may authorize and order such a person to be detained under the various preventive detention laws.
3) What are the executive powers (of CP/DM & other empowered officials) to prohibit certain acts for prevention of disorder?
Ans : The commissioner of Police and the District Magistrate in areas under their respective charges may issue order in writing u/s 37 (3) of Bombay Police Act, 1951 for prohibiting any assembly or procession whenever and for so long as it consider such prohibition necessary for preservation of the public order. Such written order can also be issued for prohibiting the carrying of arms, swords, spears, guns, knives, sticks or lathis, or any other article, which is capable of being used for causing physical violence.
FAQ's - Noise Pollution
1) What is Noise Pollution?
Ans : Noise pollution means the disturbance produced in environment by undesirable sounds of various kinds.
2) What are the ill-effects of noise pollution?
Ans : a) Noise as nuisance and health hazard to human beings and other living things
b) Hearing loss
c) Interference with communication
d) Disturbance of sleep
e) Annoyance
f) Adverse effect on performance
g) Physiological effects
h) Accentuated effects on urban children, sick & elderly people under recuperation.
3) Restrictions / limits of noise level : (Timings etc.)
Ans : Noise level in a public place shall not exceed 10 dB(A) above the ambient noise standard for the area or 75bB(A) whichever is lower. No horn should be allowed to be used at night (between 10.00 p.m. and 06.00 a.m.) in residential area except in exceptional circumstances. Crackers should not be burst between the above mentioned time slot.
Ans : Noise pollution means the disturbance produced in environment by undesirable sounds of various kinds.
2) What are the ill-effects of noise pollution?
Ans : a) Noise as nuisance and health hazard to human beings and other living things
b) Hearing loss
c) Interference with communication
d) Disturbance of sleep
e) Annoyance
f) Adverse effect on performance
g) Physiological effects
h) Accentuated effects on urban children, sick & elderly people under recuperation.
3) Restrictions / limits of noise level : (Timings etc.)
Ans : Noise level in a public place shall not exceed 10 dB(A) above the ambient noise standard for the area or 75bB(A) whichever is lower. No horn should be allowed to be used at night (between 10.00 p.m. and 06.00 a.m.) in residential area except in exceptional circumstances. Crackers should not be burst between the above mentioned time slot.