The Howrah Offences Act, 1857, 21 of 1857, (Rep., Act 4 of 2018)

Section 111. Any person found, between sun-set and sun-rise, armed with any dangerous or offensive instrument wha

Repealed or not in force · As amended up to 2026-08

111. Any person found, between sun-set and sun-rise, armed with any dangerous or offensive instrument whatsoever, with intent Apprel~ension ancl punishment of reputed t~ collzrnit any offence against the person or property of thiews, kc. ' " another; any reputed ' thief found, between sun-set and sun-rise, oil board any vessel or boat, or lying or loitering `in` any bazar, street, road, yard, -thoroughfare, or other place, who shall not give a satisfactory account of himself; ally person fot~nd, between sun-set and sun-rise, having lais face covered or otherwise disguised, d i h intent to commit any such offellce as aforesaid; any person found, between sun-set and sun-rise, in any d~velling-house dr other building nrhatsoe$er,' withot~t being able satisfactorily to account for his presence therein ; and any person having in his possession, without latvfd excuse (the proof of ~vl~ich excuse shall be on such person), any implement of house-breaking, shall be liable to imprisonment, with or without: hard lal~or, for a term not exceeding three nionths ; and any such person may be talcell into cust.oily by any Police 0P"ncer without a warrant. `IT.` MTThoe7rer, not being a soldier or sailor `in` the Army or Navy of the pelmlty for carrying[Queen or the East India Company, or a Police Officer, ] nrmp viit11ou.t authority. goes armed tvith any sword, spear, grin, or other offensive avenpon, in aily street, tzhoroughfare, or pu13riC place, unless by leave of the Magistrate, I I Magistrate, shdl be liable to be disarmed by any Police OEcer ; and the weapon so seized shall be folfeited to the Government, unless redeemed by payment of a fine, at the discretion of the Nlagistrate, not exceeding ten Rupees, 8, If ally person, having sufficient means, neglects or ~ e f ~ ~ s e s to maintain 8, If ally person, having sufficient means, neglects or ~ e f ~ ~ s e s to maintain PXaQistrate m y his wife or any legitimate or illegitimate child unable to niske order for m m - tenance of wives or `[m ]`[ahltain himself, ][it ][shall be Ia~v-ful for the Magistrate, upon ] rate, not exceeding fifty Rupees in the whole, as to the 34agistrat8e shall seem reasonable ; and if such person shall wilfully neglect to comply with the said order, the Magistsate may, by warrant, direct -the amount due to be leyied `in` the manner in which fines may be levied, or may order him to be imprisoned, witla or without hard labor, for any tern? not exceeding one month. Provided nl~vnys tliat any s ~ ~ c h person shdl be at liberty to apply to the Magistrate, frem time to time, for a reduction of sucll monthly allowance, on proof - of an alteration in tlae circum~tances of hiniself, 'his wife, or child> justifying snch ~eduction. 37%.[Whoever wilfdy haJsbonrs ][or ][conceals any seaman or appren- ] Penalty for harbonrtice belonging to a merchant vessel, knowing, or having 3ng and collcealiilg dessrtrrs fi.ol,, n,ercl,ant reason to believe, such sealxan or apprentice to be a vessels. deserter, shall be liable to a fine not exceeding one hundred Rupees. T14. On the conil~laii~t of three or inore householders, .that a house in their immediate neighbon~liood is used as a coinmon brothel E:otl~els. or lodging-house for prostitutes or clisorderly persons of any description, to the annoyance of the respectable inhabitants of the vicinity, the Nagistrate may sulnlnoii the owner or tenant of the honsi: to answer the complaint; and on being satisfied that the house is so used, and is therefore a source of annoyance and oEence to ithe neighbours, may order the owner or t,enant to discontinue smch use of it; and if he shall fail to comply wit11 such. order withh five days, may impose upon hini a fine to the extent of twenty-five Enpees for every day thereafter that the house slzall be so ~ ~ s e d . VIII. Except `c` ACT No. XXI `OF` 185% VIXI. VIXI. Except as hereinafter provided, - no liceiise shall be sranted `V` bv `d` tho - - Licenses foi* retail sale Collector for the sale by retail of any spirituous or fermented of spiritnous or fermentliquors in any Hotel, Tavern, Pixncli-house, Ale-house, ed liquors to be granted wit11 concurrence of MaArrack or Toddy Shop, or other place of public resort and gistrate. entertainment, withont the concurrence of the T~fa~istr~ke. a If a difference should arise between tlie Collector and the Magistrate respeci. . iiig the grant of any such license, the case shall be reported to the Bommis-. -" sioner of Revenue and Circuit ; and the decision of the Coniniissioner, s :., (.. . . ,!! ! - .. ,..to a; *. ~ h e ~ ~ ~ $ e ~ ~ ~ ~ . ~ ~ ~ $ ~ , ~ p n & o . I . :.r. .... 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Whenever any person, being the keeper of any such house or place ~~~~~~~i~~ of li- of public resort and entertainment as aforesaid, is convicted cense. of any of the offences specified in Sedion XLV Act X X I of 1856, the Magistrate may, if he think proper, apply to the Collector to revoke the licelise granted by him to snch person ; and upon sucIi application the Collector shall forthwith revoke such license. - X.[Vihoever, 'being the owner or occupier, ][or ][having the use of any ] Penalty for o m h g[house, room, or place, keeps or uses the same as ][a ][common ] or keepill , or having gaming-house ; and whoever, being the owner or occupier charge of a gaminghouse, kc. of any house or room, knowingly and wilfully permits the same to be kept or used by any other person as a common gaming-house ; and whoever hams the care or nianagenient of, or in any manner assists in condncting, the business of any house, room, or place so kept or used ; and wlloever dvances or furnishes money for tlie puypose of gaming with persons frequent$g scch house, room, or place-shall be liable 'co a fine not exceeding two ' hundred Rupees, or to imprisonment, with o not exceeding three montlis. XI. Whoever is found in any sncli house, room, or place, playing or gaming with cards, dice, counters, money, or other instruments Penalty for being ;Pound playing a of gaming, or is found there present for the purpose of gaming-house. gaming, whether playing for any money, wager, stake, or otherwise, shall be liable to a fine not exceeding one Hundred Eupees, or to imprisonment, with or without hard labor, for any term not exceeding one month ; and any person found in any common gaming-house during any gaming or playing therein, shall be presumed$ until the contrary be proved, to have been there for the purpose of gaming. XI%, `If` - , ,3f$i~ t : .,:, t : .,:, ACT No. XXI OF 3857. XIH. If the Nagistrnte, upon information on oathl, and a3er snch Ilagistrate may autl~o-[enquiry as he may 'chink necessary, has reason io Eelieve ] rize certailz Police Ecers to eizter a gnn~ing- Ofthat any house, room, or place is used as a gamhouse for the pm-pose ing-house, he n~ay, by his warrant, give authority to any of seai*ch and seizure. superior Officer of Police to enter, with sucll assistance ac; may be fo~uld necessary, by niglit or by day, and by force if necessary, any sucli house, room, or other place ; and to take into custody all persons wl1o111 he RLLCIS therein, whether or not then actually maining ; and to seize all instrn, ,,. -inents bf kc;*' qmlng,p .- A %. a 3 dtgonie$ h c 1 .seonritiBs~P$p~y6,Bes'; gpdi~kit;dl;s 4fP4tt;l~$~". - reasonably suspected to have been usecl or intellded to be n s ~ d for the purpose of gz~nling, wliich are fouild therein; and to ssarch all psrts of the house, room, or place which he shall have so entered, when he has reason to believe that aany iilsir~ments of gaming are concea~ed therein, and also the persoils of those wholn he so takes into custody ; and to seize and talce possession of 211 i ~ s t r n - men& of gaining found upon snch search. . a i P 4 ; 1 . 34 8 *;iP+ Ir XIII. 011 conviciion of any person for keeping any such conlinon garn~ ~forlceeping-hou-se, or being present therein for tile purpose of gani- ~ ~ ~ ~ i ~ ~ iilg a gaming-house, ining, dl the iastr~unients of gaming found therein shall be stru~ncnts of gamiug to be destroyed, kc. destroyed by order of tile &!Iagisbrde, who niay also order all or any of the securi'cies for nioney, and other articles seized, not being instruments of gaining, to be sold and converted into money, stnd tile proceeds thereof, wit11 all monies seized thcrein, to be f(,i.feited ; or, in his discretion, may order any part thereof to be returned to tlle persons appearing to have been severally thereunto entitled. i ~ ic XIV. The Ma&strate may direct `any` por!iion, not exceeding one-fourth, Portion of ~ n e maj7 of any fine wllich shall be levied under Sections X ancl `XI` be paidto informer. ~f .this Act, or ;tiiY part of the monies, or procaeds of articles seized, and ordered to be forfeited uiider Section XZII, to be paicl to `ar` infonn1e.r. XV. A Police Officer may appre11end without warrAni ally person fo~uiJ i;ambiing i n ganling with cards, dice, counters, nloney, `or` other instrnstrests. ments c.f gaming, in any puldic slreet, place, or thorov.ghfare ; ancl sac& person s'llall be liable to a, fine not esceecling `twenty` Rupees, 6 `OP` I 4. . . . <*;' ;*,< !",,!,., , ;,,, . . . . . . ,;.. , : , ' . : 7 ; : ' 'f `'7` { 1 . , : ,. ,. : r .p . , i.:>,. . , . ..z$$t;;yj. ~ ~ q , s .i,h ~ ~ A!:: ~ ... ; :$,.C.t,:$?,: ~ ,..<?-;.:,ti,, ~ , . ~ , ,,,?, ~ ; -.;:$$a,:er , . i :,! +: ~ `u` ~ .i. ~ ,,. , ; .::, t . ;,,;~,~~...i~,::~c~~...~ , , 3 . . . . ;$?; - , . .. . . . . . ... . . . . ACT No. S X 1 or 1857. or to imprisonment, with or without hard labor, for any term not exceeding one month ; and such instruments of gaming and money shall be forfeited. apparel or otlier articles, which it may be difficult for such pswn-broker on: deder to trace out and identify, no fine shall be exigible in respect of not , reporting such articles, unless it shall appear to tlie Magistrate illat such a&les had 'knowiligly concealed by such pa\+n-br6ker or dealeiie , . ., . . . , . , XVII. If any pawn-broker or denler `in` second-liand goods, or worker `in` gold or silver, aRer receiving infomat8ion oP the theftj or I f stolen articles be altered or defacecl by bra-[the embezzling, o~ the fraudulent disposa,l of 'my metals, ] Ler,after the theft, inG>rmatio11 he shall be of goods, or articles of whatsoever description, melts, alters, deemed `a` receiver of defaces, or puts away the same, or causes the same to be stolcn goods. melted, altered, defaced, or put away, without having previously receivld the permission of the Magistrate, and it shall be found that such metals, goods, or articles were stolen, embezzled, or fraud~ilently disposed of by the person from whom such pawn-broker, dealer, or worker received the same, or by any other person, then and in such ease it sha,lll be held that such pawn-broker; dealer, or wol.lkei. knew that 'such metals, goods, 'or articles were stolen, embezzled, or fraudulently disposed of; and such pawn-broker, dealer, or worker shall be proceeded against according to law as a receiver of stolen goods, or s being a party to the fraud, and punished accordingly ; and no otlier evidence of his guilt shall be necessary than evidence of snch melting, altering, defacing, or putting away, aRer receiving information as aforesaid. XVIII. Whoever ACT No. XXI OF 1857- ' I : XVIII. . . MThoever manufactures Gunpo~vder, or without a license from the Nanufa agts trate has :in his possessjon, ,iq a,n scssion of house, or other building, at any one t tity of Gunpowder than ten pounds, shall be liable to a fine not exceeding two hundred Rupees, and,also to forfeit such Gunpowder so manufactured or possessed, together with the vessel or recel~tacle in which it may be contained. . , . . . . . . XIX. The Magistrate may srant to any person a license for the 5 ; . :. . & . Ireepmg in' defiosit.' i f any quiantlty df ~ u n ~ o w d f@ !$ .. .: $ 7 i , . ' 4 . . `.6"` . ..;: . <. Licenses by Masistrate for sale and dspoexceeding flty pounds, on such collditions, and for such term sit of Gunpowder, kc. not exceeding one ye=, as shall be specified `in` the license ; and any person, who shall be guilty of a breach of any of such conditions, shall be liable to a fine not exceeding one hundred Eupees, and to forfeit all Gunpowder so kept in depositcontrary thereto, and the vessels containing it, and also to forfeit his license. XX. %Thoever is found drunk and incapable of taking cam of himself Penalty for: dr~uliken-[or is guilty of any riotous or indecent behaviour ] `[in ]`[any ] ness, or rioto~~s or iudestreet or thoroughfare or `in` any place of public amusecent behaviour in pnblic. merit or resort, and whoever is guilty of violent beliaviour in any PoIice Office, shall be liable to a fine not exceeding twenty Bupees, or to imprisonment, with or without liard labor, for a term not exceeding fourteen days. XXI. Whoever wilfully and indecentPy exposes his person, or commits a nuisance by easing himself in or by the side of or near Penalty for committing alluisancein streets. to any public street or thoroughfare or place, shall be liable to a fine not exceeding ten Rupees, or, in default of payment thereof, to imprisonment, with or without hard labor, for a term not exceeding fourteen days. XXIH. Whoever in any public road, street, thoronghfare, or place, begs or applies for alms, or exposes or exhibits any sores, wounds, Beggars. bodily ailment, or deformity, with the object of exciting cha~ity or sf obtaining alms; or whoever seeks for- or obtains alms, by means of any false statement or pretences-shall be liable to imprisonment, wit11 or tvithout lzard labor, for any term not exceeding one month. XXIII. Whoever ACT No. XX% OF 1857. XXIII. Whoever, in any public street, road, thoroughfare9 or pIaee Peilaltg for the folof public resort, commits any of the followinq offences, Iowin$oft^euces in pubshall be liable to a fi11e not exceeding twenty Rupees :- lit streets, kc. f . Whoever drives or rides any animal, OT drives ally vehicle, in a , negliger,t manner so rash or negligent as to indica;te a want of - driving or riding. ,due regard for the safety of others. or other ainiinal to attacli, worry, or put in fear any ' person, horse, .or other animal. 3. Whoever "being in 'charge of a cart; carriage, or horse, leaves it at such a distance as not to have the sdnie under Leaving cart, &c., ~ without control. due control. Obstruction to 4. Whoever fastens any animal so as to cause passellgers by fatening obstruction or danger to passengers. animals. `5.` Whoever cruelly beats, abuses, or tortures any animals. animal. Ii!-treating

Source: India Code