CHAPTER V

PREVENTIVE AND OTHER AUTHORITY AND JURISDICTION

31. Power to prohibit erection new villages or towers on frontier. —

No new hamlet, village-habitation, tower or walled enclosure shall, without the previous sanction in writing of the Commissioner, who may, either grant or refuse such sanction as he thinks fit, be erected at any place within five miles of the frontier of23 British India.Where the Commissioner refuses to sanction the erection of any such hamlet, village-habitation, tower or Walled enclosure, as the case may be, he shall record, his reasons for so doing.

32. Power to direct removal of villages. —

Where it is expedient on military grounds, the Central Government] may, by order in writing, I direct the removal of any village situated in close proximity to the frontier of 24British India to any other site within five miles of the regional may and award to the inhabitants such compensation for any loss which may have been occasioned to them by the' removal of their village as in the opinion of the [Central Government], is just.

33. Regulation of Hujras and Chauks. —

No building of the kind commonly known as "hujra" or "chauk", and no building intended to be Used as a "hujra" or "chauk", shall be, erected or built, and no existing building not now used/as a "hujra" or "chauk", shall at any time be used as such, without .the previous, sanction in writing of, the Deputy Commissioner.Whoever contravenes the provisions of Sub-section (1) shall be punishable with imprisonment; for "a term, which may extend to six months or with fine, or with both.

34. Demolition of buildings 'used by robber etc. —

Where the [Deputy Commissioner is satisfied that any building is habitually used as a meeting place by robbers, house-breakers, thieves or bad characters or for the purpose of gambling, he may, by order in writing, prohibit the owner or occupier thereof from so using such building, and, if the order is not obeyed, may, by a like order, direct that the building be demolished. Such further order shall be without prejudice to any punishment to which the owner or occupier of such building may, under any law for the time being in force, be liable for disobedience of the prohibitory order.No person shall be entitled to any compensation in respect of the demolition of any building under Sub-section (1).

35. Naubati chaukidari system. –

Where, in the opinion of the Deputy Commissioner, the custom of providing for watch and ward by what are commonly known as "Naubati chaukidars" exists in the case: of .any village-community, "and the village-community, or any part thereof ails to provide .for the due performance of such service, or any member of the village-community fails to perform his duty of watch and ward according to the customary rotation in respect of such duties, the Deputy Commissioner may impose a fine, which may/extend to one hundred rupees in any one case, upon the village-community or part or member thereof so failing as aforesaid.The provision of Section 24 shall be applicable to the recovery of fines imposed on any village-community or part thereof under this section.

Where such custom as aforesaid has not existed or has fallen into misuse in any village-community, the Deputy Commissioner may, with the previous sanction of the Commissioner, by order in writing, direct introduction or revival, as the case may be, and thereupon the provisions of Sub-section (1) shall apply in respect of the village-community.

36. Power to require persons to remove in certain cases. —

Where in the opinion of the Deputy Commissioner, any person is a dangerous fanatic; or belongs to a frontier tribe and has no ostensible means of subsistence or cannot give a satisfactory account of himself; or has a blood-feud; or has occasioned cause of quarrel likely to lead to blood-shed; the Deputy Commissioner may, by order in writing, require him to reside beyond the limits of the territories to which this Regulation extends or at such place within the said territories as may be specified in the order: Provided that, if the person has a fixed habitation in the place which the Deputy Commissioner requires him to leave, an Order under this section shall not be made without the previous sanction of the Commissioner.

37. Penalty for breach of certain orders. —

Whoever contravenes the provisions of Section 31, or disobeys an order under Section 21or Section 32, or a prohibition under Section 34, or a requisition under Section 36, shall be punishable with imprisonment for a term which may extend to six months, and shall also be liable to fine which may extend to one thousand rupees.

38. Powers of arrest. —

In any place in which all or any of the provisions of this Regulation are for the time being in force.

(i) any private person may,, without an order from a Magistrate and without a warrant, arrest or cause to be arrested, and make over or cause to be made over to a police officer or take or cause to be 'taken to the nearest police station, any person who has been concerned in any cognizable offence or against whom a reasonable complaint has been made or credible information has been received, or a reasonable suspicion exists of his having been so concerned; and

(ii) Section 48 of the Code of Criminal Procedure, 1898, shall be read as if the following sub-section were added thereto namely:-

"(4) But this section gives a right to cause the death of a person against whom those portions of the Frontier Crimes Regulation 1901 which are not of general application, may be enforced. if he is committing or attempting to commit an offence, or resisting or evading arrest, in such circumstance as to afford reasonable ground for believing that he intends to use arms to effect his purpose; and

if a hue and cry has been raised against him of his having been concerned in any such offence as is specified in clause (a)or of his committing or attempting to commit an offence, or resisting or evading arrest, in such circumstances as are referred to in the said clause".

39. Arrest without warrant in cases under Section 498, 25Indian Penal Code. —

Where there is reason to believe that a person has committed or attempted or commit an offence punishable under Section 498 of the "Indian Penal Code, an officer in charge of a police station may, without, an order from a Magistrate and without a warrant, arrest that person on the requisition of the husband of the woman, or, in his absence of a person having the care of her on his behalf, or, in the absence of both the husband and any such person as last aforesaid from the village in which the women resides, on the requisition of a headman of the village.A police officer making an arrest under Sub-section

(1) shall, without unnecessary delay, take or send the person arrested to the nearest Magistrate having jurisdiction. The Magistrate may, in default of bail being furnished to his satisfaction, detain the person arrested for such period, not exceeding fifteen days, as may be necessary to enable the husband, or, in his absence, a person who had care of the woman on his- behalf, to make a complaint.

40. Security and surveillance for the prevention of murder or culpable homicide or the dissemination of sedition. —

Where the Commissioner or the Deputy Commissioner is of opinion that it is necessary for the purpose of preventing murder, or culpable homicide not amounting to murder, or the dissemination of sedition, to require a person to execute a bond, for good behaviour or for keeping the peace, as the case maybe, he may order the person to execute a bond with or without sureties for his good behaviour or for keeping the peace, as the case may be during such period not exceeding three years, as the Commissioner or he Deputy Commissioner, as the case may be, may fix.The Deputy Commissioner may make an order under Sub-section (1) -(a) on the recommendation of a Council of Elders, or

(b) after inquiry as hereinafter provided.
26[(2-A) Pending the completion of an enquiry for the purposes of Sub-section (2), the Deputy Commissioner may, if he considers that immediate measures are necessary for preventing any offence referred to in Sub-section (1) direct the person in respect .of whom the enquiry is to be held, to execute a bond, with or. without sureties, for keeping the peace or maintaining good behaviour for a period not exceeding one month, and detain him in custody till such bond is executed].

(3) Where a person has been convicted in accordance with the finding of a Council of Elders of an offence mentioned in Section 106 of the Code of Criminal Procedure, 1898, or punishable under Section 302, Section304, Section 307 or Section 308 of the 27Indian Penal Code, the Deputy Commissioner at the time of passing sentence, or the Commissioner at the time of revising the sentence, may make an order under Sub-section (1) with respect to that person.

(4) Where the Deputy Commissioner makes an order under Sub-section (1) on the recommendation of a Council of Elders, he shall record his reasons for acting on the recommendation.

(5) Where the Commissioner or the Deputy Commissioner is of opinion that sufficient grounds exist for making an order under Sub-section (1) he may, either in lieu of or in addition to such order, by order in writing, direct that the person concerned shall notify his residence and any change of residence in the fanner prescribed by Section 565 of the Code of Criminal Procedure, 1898, during such term, not exceeding three years, as may be specified in the order.Matter not adjudicated upon by the Deputy Commissioner in accordance with Section 8(3)(d): of Frontier Crimes Regulation. Commissioner too failing to exercise authority vested in him under law in not deciding Revision Petition according to law. Orders passed by the Deputy Commissioner and Commissioner set aside through Constitutional Petition.28

41. Security from families or factions in case of blood feud. —

Where a blood-feud or other cause of quarrel likely to lead to blood-shed exists or, in the opinion of the Deputy Commissioner, is likely to arise between two families or factions, the Deputy Commissioner may, on the recommendation of a Council of Elders, or, after inquiry as hereinafter provided, order all or any of the members of both families or factions or of either family or faction to execute a bond, with or without sureties, for their good behaviour or for keeping the peace, as the case may be, during such period, not exceeding three years as he may fix.

42. Procedure in inquiry. —

An inquiry for the purposes of Section 40 Sub-section (2), or Section 41, may be conducted, so far as may be necessary out of Court Provided that a person from whom it is proposed to require a bond under Section 40, or the principal members of a family or faction from which it is proposed to require a bond under Section 41, shall be given an opportunity of showing cause in Court why a bond should not he required arid of having his or their witnesses examined there, and of cross-examining any witness not called by himself or themselves who may testify there to the necessity or otherwise for the execution of a bond.Sections 112, 113, 115 and 117 of the Code of Criminal Procedure, 1898, shall not apply to an inquiry under this section, but the Deputy Commissioner shall record his order with the reasons for making it.

43. Breach of bond. —

A bond executed under Section 40 shall be liable to be forfeited if the person bound thereby to be of good behaviour or to keep the peaces, as the case may be, commits or attempts to commit, or abets the commission of, any offence punishable with imprisonment.A bond/executed under Section 41 shall be liable to be forfeited if the person bound thereby .to be of good behaviour or to keep the peace, as the case may be, commits or attempts to commit, or abets the commission of, any offence punishable with imprisonment in respect of any member of the opposite family or faction to which the bond related.If, 'while a bond executed under Section 41 is in force, the life of' any member of either family or faction is unlawfully taken or attempted, the Deputy Commissioner may declare the bond of all or any of the, members of the other family or faction and their sureties (if any) to be forfeited, unless it is shown to his satisfaction that the homicide or attempt was not committed by, or in consequence of the abetment of, any member of that family or faction.

44. Imprisonment in default of security. —

Where a person ordered to give security under Section 40; or Section 41 does not give security on or before the date on which the period for which the security is to be given commences; he shall be committed to prison, or, if he is already in prison, be detained in prison until that period expires, or until within that period he furnishes the required security.Imprisonment for failure to give security under this Chapter may be rigorous or simple as the offence requiring the security directs in each case.

45. Length of imprisonment. —

Where a person has suffered imprisonment for three years for failure to give security under Section 40 or Section41, he shall be released and shall not again be required to give security unless a fresh order is passed in accordance with the provisions of this Chapter or of the Code of Criminal Procedure, 1898.

46. Further Security. —

1) Where a person has, under the provisions of this Chapter, given security or been imprisoned for failure to give security, he may be brought before the Deputy Commissioner, if on the expiry of the period for which security was required to be given the Deputy Commissioner so directs.

(2) Where the Deputy Commissioner thinks it necessary, for the purpose of preventing blood-shed, to require security for further period from any person so brought before him, he shall record proceeding to that effect.

3) The proceeding may be founded on the facts on which the original order to give security was founded, and it shall not be necessary to prove any fresh facts to justify an order to give security for a further period under this section; but such an order, if passed shall have the same effect and be enforced in the same manner as an original order to give security under Section 40 or Section 41.

(4) Notwithstanding anything in this section, no person shall suffer, for failure to give security under this Chapter continuous imprisonment for more than six years or, without the sanction of the Commissioner for more than three years.

47. Modified applications of Chapters VIII and XLII, Act V of 1898.

Where, within the territories in which all or any of the provisions of this Regulation are for the time being in force, it is found necessary or expedient to take security under this Regulation from Pathans or Baluchis or any other classes against whom all or any of the provisions of Section_40 to 46 may for the time being be enforce, the provisions of Chapters VIII and XLII of the Code of Criminal Procedure, 1898, shall be read as if for the words "High Court", "Court of Session" and "Sessions Judge" wherever they occur, the word "Commissioner" were substituted, and all references to any such Courts shall be deemed to refer to the Court of the Commissioner.Subject to the provisions of Sub-section (2) of Section 42 and Sub-section (1) of this section, the provisions of the said Chapters of the Code of Criminal Procedure, 1898, shall, so far as they are consistent therewith, be applicable to every proceeding under this Chapter relating to the taking of security; but all applications for revision in respect to any such proceeding shall be made to, and be disposed of by, the Commissioner.

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