Punishment for certain offences on roads, etc

Section 34 of the Police Act, 1861 deals with punishment for certain offences on roads, etc. Any person who, on any road or in any [open place or street or thoroughfare within the limits of any town to which this section shall be specially extended by the [State Government], commits any of the following offences, to the obstruction, inconvenience, annoyance, risk, danger or damage of the [r The Act came into force on 22 Mar 1861.

Any person who, on any road or in any ¹[open place or street or thoroughfare within the limits of any town to which this section shall be specially extended by the ²[State Government], commits any of the following offences, to the obstruction, inconvenience, annoyance, risk, danger or damage of the ³[residents or passengers] shall, on conviction before a Magistrate, be liable to a fine not exceeding fifty rupees, or to imprisonment ⁴[with or without hard labour] not exceeding eight days;

Power of police-officers.--and it shall be lawful for any police-officer to take into custody, without a warrant, any person who within his view commits any of such offences, namely:--

First.--Slaughtering cattle, furious riding, etc.--Any person who slaughters any cattle or cleans any carcass; any person who rides or drives any cattle recklessly or furiously, or trains or breaks any horse or other cattle:

Second.--Cruelty to animals.--Any person who wantonly or cruelly beats, abuses or tortures any animal:

Third.-Obstructing passengers.--Any person who keeps any cattle or conveyance of any kind standing longer than is required for loading or unloading or for taking up or setting down passengers, or who leaves any conveyance in such a manner as to cause inconvenience or danger to the public:

Fourth.--Exposing goods for sale.--Any person who exposes any goods for sale:

Fifth.--Throwing dirt into street.--Any person who throws or lays down any dirt, filth, rubbish or any stones or building materials, or who constructs any cowshed, stable or the like, or who causes any offensive matter to run from any house, factory, dungheap, or the like:

Sixth.A--Being found drunk or riotous.--Any person who is found drunk or riotous or who is incapable of taking care of himself:

Seventh.--Indecent exposure of person.--Any person who wilfully and indecently exposes his person, or any offensive deformity or disease, or commits nuisance by easing himself, or by bathing or washing in any tank or reservoir not being a place set apart for that purpose:

Eighth.--Neglect to protect dangerous places.--Any person who neglects to fence in or duly to protect any well, tank or other dangerous place or structure.

STATE AMENDMENT

Uttar Pradesh.--

Amendment of section 34-A of Act No. 5 of 1861-- For section 34-A of the Police Act, 1861, the following section shall be substituted, namely:--

"34-A. Compounding of offences under sections 32 and 34.--An offence punishable under section 32 or section 34 may, subject to any general or special order of the State Government in this behalf, be compounded by the District Superintendent of Police, either before or after the institution of the prosecution, on realization of such amount of composition fee as he thinks fit, not exceeding the maximum amount of fine fixed for the offence, and when the offence is so compounded--"

(i) before the institution of the prosecution, the offender shall not be liable to prosecution for such offence and shall, if in custody, be set at liberty ;

(ii) before the institution of the prosecution, the composition shall amount to acquittal of the offender."

[Vide the Uttar Pradesh Act 35 of 1979, s. ]

Abatement of certain trials.-- Notwithstanding anything contained in any other law for the time being in force, --

(1) the trial of an accused for --

(a) an offence punishable under --

"(i) the Motor Vehicles Act, 1988; or"

(ii) the Public Gambling Act, 1867, not being an offence punishable under section 3 of that Act or an offence in respect of wagering punishable under section 13 of that Act; or

(iii) section 34 of the Police Act, 1861; or

(iv) section 160 of the Indian Penal Code, 1860; or

(b) any other offence punishable with fine only, or

(2) a procedure, under section 107 or section 109 of the Code of Criminal Procedure, 1973, pending before a Magistrate on the date of commencement of this Act from before "December 31, 2015" shall abate.

[Vide the Uttar Pradesh Act 35 of 1979, s. 9, and amended by Uttar Pradesh Act 29 of 2016 and 9 of 2018]

Section 34, The Police Act, 1861 (Act 5 of 1861).