Page:Kerala Police Act, 2011.pdf/21

21 :(e) seize any article relating to which an offence has been committed, if such seizure of that article is necessary for preventing such offence or for investigating such offence.

40 Removal by police—(1) Where five or more persons, at a place where the public are present, resist, refuse or fails to comply with any direction given by a Police Officer, such Police Officer may, without prejudice to any other action he may take under any provision of this Act or any other law remove such persons to a nearby and advertised area where the public have entry and they shall be released at the earliest after seeking and recording their names and addresses.

Provided that under any circumstance, the persons so removed shall not be kept for more than three hours.

(2) Such mass removal and release thereof within three hours shall not be deemed to be an arrest in respect of an offence.

41 Police action in offences requiring special authorisation—(1) A Police Officer, who is not authorised by rank or jurisdiction under any special law to arrest or seize a person or object who had manifestly involved in a cognizable offence, may keep that person or object for a maximum period of six hours so as to render it possible for another legally competent Police Officer or authority to come and take lawful action.

(2) The authority under sub-section (1) shall be used by a Police officer only in circumstances under which there is the reasonable possibility that the accused is likely to escape or that evidence may be destroyed due to the absence of competent officer or authority, unless he acts as such.

(3) A Police Officer acting as, such shall, subject to legal practicability, in the presence of competent witnesses available, keep the person or the object at a place which is reasonable, suitable and appropriate under that special circumstance.

42 Maintenance of law and order and prevention of danger—(1) In order to prevent serious disorder or breach of peace or manifest and imminent danger to persons assembled at any place, any police officer present at such a place having jurisdiction may give such lawful directions in respect of the conduct of persons at such places as he considers necessary and all persons shall be bound to comply with such directions.

(2) Any Police Officer shall for giving effect to the provisions of sub-section (1) have free entry in every public place including private establishments where members of the public are present.