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Police (Incitement to Disaffection) Act, 1922

Act· 1922· 4 pages
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Summary

This 1922 Act criminalises efforts to incite disloyalty or indiscipline among members of the police force. Section 2 defines "member of a police-force" as anyone appointed or enrolled for police duties under one of the enactments listed in the Act's Schedule (which lists various police acts, including the Police Act, 1861 and Police Act, 1888).

Section 3 is the main offence: intentionally causing, or attempting to cause, or doing something known to be likely to cause, disaffection toward Pakistan or its lawfully established government among police force members -- or inducing, attempting to induce, or doing something known to be likely to induce a police member to withhold their services or breach discipline -- is punishable with imprisonment up to six months, a fine up to two hundred rupees, or both. An explanation clarifies that merely expressing disapproval of government measures or actions, with a view to getting them changed through lawful means, is not an offence unless it's done to cause, or is likely to cause, disaffection.

Section 4 provides a safe harbour: acts done in good faith to promote a police member's welfare by lawfully inducing them to withhold services, or acts done by (or on behalf of) a government-recognised police association under its approved rules, are not offences under this Act.

Section 5 requires the previous sanction, or a complaint, from the District Magistrate before any court can try an offence under the Act. Section 6 reserves trials to at least a first-class Magistrate and specifically bars offences under this Act from being tried summarily under the Code of Criminal Procedure, 1898. The Schedule lists the various police enactments (mostly historical, provincial-era acts from British India) whose personnel count as covered "police forces," though a 1981 amendment updated this specifically for Islamabad Capital Territory to reference just the Police Act, 1861 and Police Act, 1888.

This is an old, narrowly-targeted 1922 law focused on protecting police discipline and loyalty, with penalty amounts (a 200-rupee fine) reflecting its era; given its age it should be checked against the current official text before relying on specific figures.

Key topics

police disciplineincitement to disaffectioncriminal penalties for undermining police loyaltypolice associations exemption

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