#THE POLICE (INCITEMENT TO DISAFFECTION) ACT, 1922 
_________ 

##ARRANGEMENT OF SECTIONS 
_________ 

###SECTIONS. 

1.  Short title, extent and commencement. 
2.  Definition. 
3.  Penalty for causing disaffection etc. 
4.  Saving of acts done by police associations and other persons for certain purposes. 
5.  Sanction to trial of offences by Subordinate Courts. 
6.  Trial of cases. 

THE SCHEDULE



#THE POLICE (INCITEMENT TO DISAFFECTION) ACT, 1922 

##ACT NO. 22 OF 1922 

[5th October, 1922] 

An Act to provide a penalty for spreading 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:— 

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 India except the  territories  which,  immediately  before  the  1st 
November, 1956, were comprised in Part B States.

(3) It shall come into force in any State or part of a State on such date[^3] as the State Government may, 
by notification in the Official Gazette, direct. 

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.

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 the Government established by 
law in India 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 rupees, or with both. 

[^3]. This Act came into force in Assam from 25th January, 1923, see Assam Gazette, 1923, Pt. II, p. 113; in the Punjab from 
13th  March,  1930, see Punjab  Gazette,  1930, Pt.  I, p.  342;  in  B. &  O.  (including  the  Sonthal Parganas)  from  15th  May, 
1930, see B.  &  O.  Gazette,  Extraordinary,  dated  13th  May,  1930,  and  in  the  Bombay  Presidency  from  5th  June, 
1930, see Bom. Gazette, 1930; Pt. I p. 1394. The Act has also been declared to be in force in the Khondmals District by the 
Khondmals Laws Regulation, 1936 (4 of 1936), s 3 and Sch and in the Angul District by the Angul Laws Regulation, 1936 
(5 of 1936), s. 3 and Sch. 
Extended  to  Shahda,  Nandurbar  and  Taloda  Talukas  of  the  West  Khandesh  District;  the  Dohad  Taluka  and  the  Jhalod 
Mahal of the Panch Mahal District of the State of Bombay by Schedule II of Act 20 of 1954.

 

*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. 

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 authorised 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 authorised or recognised by the Government 
and the act done is done under any rules or articles of the association which have been approved by the 
Government.

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 
or, in the case of a Presidency-town, of the Commissioner of Police.

6. **Trial of cases.**—(1) No Court inferior to that of a Presidency Magistrate or 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                
(5 of 1898), no offence under this Act shall be triable summarily.
 


###THE SCHEDULE 

*(See section 2.)*

| Year. | No. | Short title. |
| ------ | ----- | -------------- |
| | | *Acts of the Governor General in Council.* |
| 1859 | XXIV | The Madras District Police Act, 1859 |
| 1861 | V | The Police Act, 1961. |
| 1888 | III | The Police Act, 1888. |
| 1892 | V | The Bengal Military Police Act, 1892. |
| | | *Madras Act.* |
| 1888 | III | The Madras City Police Act, 1888. |
| | | *Bombay Acts.* |
| 1890 | IV | The Bombay District Police Act, 1890. |
| 1902 | IV | The City of Bombay Police Act, 1902. |
| | | *Bengal Acts.* |
| 1866 | II | The Calcutta Suburban Police Act, 1866. |
| ” | IV | The Calcutta Police Act, 1866. |
| 1890 | III | The Calcutta Port Act, 1890. |
| 1920 | II | The Eastern Frontier Rifles (Bengal Battalion) Act, 1920. |
| | | *Assam Act.* |
| 1920 | I | The Assam Rifles Act, 1920. |
| | | *Regulation by the Governor General in Council.* |
| 1888 | II | The Andaman and Nicobar Islands Military Police Regulation, 1888. |

——— 