Bp act Section 96 : Procedure to be followed by officers and Magistrates in certain cases :

Maharashtra Police Act 1951
Section 96 :
Procedure to be followed by officers and Magistrates in certain cases :
(1) Notwithstanding anything contained in sections 129, 130, sub-section (2) of section 167, and section 173 of the 1.[Code of Criminal Procedure, 1898]-
(i) the powers and duties of a Magistrate under sections 129 and 130 of that Code may, in 2.[any area under the charge of a Commissioner] be exercised and performed by the Commissioner,
(ii) the Presidency Magistrate in 4.[Brihan Mumbai] to whom an accused person is forwarded under sub-section (2) of section 167 of the Code, may, whether he has or has not jurisdiction to try the case, from time to time, authorise the detention of the accused in such custody as such Magistrate thinks fit for a term not exceeding fifteen days at a time,
(iii) the officer in charge of the Police Station shall forward his report under section 173 of the Code to the Commissioner or such other officer as the Commissioner may direct in that behalf.
(2) Nothing contained in section 62 of the 1.[Code of Criminal Procedure, 1898], shall operate to require any officer in charge of a Police Station 2.[any area under the discharge of a Commissioner] to submit any report provided for by that section to any Magistrate.
(3) Sections 127 and 128 of the 1.[Code of Criminal Procedure, 1898], in their application to Greater Bombay 3.[and any other area for which a Commissioner has been appointed] shall be amended as follows:-
(a) in section 127, for the words “police Station” the words “section or any Police Officer not below the rank of a sub-inspector authorised by the State Government in this behalf” shall be substituted;
(b) in section 128, for the words “police station whether within or without the presidency-towns “the words and figures” section or any Police Officer authorised under section 127″ shall be substituted.
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1. Now see Code of Criminal Procedure, 1973 (2 of 1974).
2. Substituted for the words Greater Bombay by Bombay 56 of 1959, Section 3, Schedule.
3. Inserted by Bombay 56 of 1959, Section 3, Schedule.
4. Substituted by Maharashtra act no 27 of 2023, Section 5 for Greater Bombay (w.e.f 4-1-2023).
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Code of Criminal Procedure, 1898
Section 62 :
Police to report apprehensions :
Officers in charge of police-stations shall report to the District Magistrate or, if he so directs, to the Subdivisional Magistrate, the cases of all persons arested without warrant, within the limits of their espective stations, whether such persons have been admitted to bail or otherwise.
(May be same as Criminal Procedure Code 1973 (2 of 1974 ) section 58)
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Code of Criminal Procedure, 1898
Chapter IX :
Unlawful Assemblies :
Section 127 :
Assembly to disperse on command of Magistrate or police officer :
1) Any Magistrate or officer in charge of a police-station may command any unlawful assembly, or any assembly of five or more persons likely to cause a disturbance of the public peace, to disperse; and it shall thereupon be the duty of the members of such assembly to disperse accordingly.
2) This section applies also to the police in the towns of Calcutta and Bombay.
(May be same as Criminal Procedure Code 1973 (2 of 1974 ) section 130)
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Code of Criminal Procedure, 1898
Section 128 :
Use of civil force to disperse :
If, upon being so commanded, any such assembly does not disperse, or if, without being so commanded, it conducts itself in such a manner as to show a determination not to disperrse, any Magistrate or officer in charge of a police-station, whether within or without the presidency-towns, may proceed to disperse such assembly by force, and may require the assistance of any male person, not being an officer or soldier in Her Majesty’s Army or a volunteer enrolled under the Indian Volunteers Act 1869 and acting as such, for the purpose of dispersing such assembly, and, if necessary, arresting and confining the persons who form part of it, in order to disperse such assembly or that they may be punished according to law.
(May be same as Criminal Procedure Code 1973 (2 of 1974 ) section 130)
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Code of Criminal Procedure, 1898
Section 129 :
Use of Military force :
If any such assembly cannot be otherwise dispersed, and if it is necessary for the public security that it should be dispersed, the Magistrate of the highest rank who is present, may cause it to be dispersed by military force.
(May be same as Criminal Procedure Code 1973 (2 of 1974 ) section 130)
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Code of Criminal Procedure, 1898
Section 130 :
Duty of Officer commanding troops required by Magistrate to disperse assembly :
1) When a Magistrate detemines to disperse any such assembly by military force, he may require any commissioned orr non-commissioned officer in command of any soldiers in Her Majesty’s Army or of any volunteers enrolled under the Indian Volunteers Act 1869, to disperse such assembly by military force, and to arrest and confine such persons forming part of it as the Magistrate may direct, or as it may be necessary to arrest and confine in order to disperse the assembly or to have them punished according to law.
2) Every such officer shall obey such requisition in such manner as he thinks fit, but in so doing he shall use as little, and do as little injury to person and prroperty, as may be consistent with dispersing the assembly and aresting and detaining such persons.
(May be same as Criminal Procedure Code 1973 (2 of 1974 ) section 130)
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Code of Criminal Procedure, 1898
Chapter XIV :
Information to the police and their powers to investigate :
Section 167 :
Procedure when investigation can not be completed in twenty-four hours :
May be same as Criminal Procedure Code 1973 (2 of 1974 ) section 167.
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Code of Criminal Procedure, 1898
Section 173 :
Report of police officer :
May be same as Criminal Procedure Code 1973 (2 of 1974 ) section 173.

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