Report No. 249

20. Bengal Chaukidari Act, Act 20 of 1856

Category: Criminal Justice

Recommendation: Repeal in consultation with relevant State(s)

The Act provided for the appointment and maintenance of Police Chaukidars in cities, towns, stations, suburbs, and bazaars in the Presidency of Fort William in Bengal. Although enacted by the Governor-General-in-Council pre-independence, it is now administered by the relevant State which also has the power to repeal or amend this law. However, according to Article 372(1), the competent legislature for repeal of this Act is that of the State where the Act is in force.

Therefore, the Central Government should write to the concerned State Government recommending the review of this law by the State, with a view to repeal. The Central Government should also remove this law from its lists of central Acts in force. This Act has also been recommended for repeal by the PC Jain Commission Report (Appendix A-5).