THE POLICE ACT, 1861

Act, No. 5 of 1861

22nd March, 1861

Preamble.—WHEREAS it is expedient to re-organise the police and to make it a more efficient instrument for the prevention and detection of crime; It is enacted as follows: —

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S.Arrangement of Sections Arrangement of Sections

1. Interpretation clause.

2. Constitution of the force.

3. Superintendence in the State Government.

4. Inspector-General of Police, etc.

5. Powers of Inspector General. Exercise of power.

6. [Repealed.].

7. Appointment, dismissal, etc., of inferior officers.

8. Certificates to police officers. Surrender of certificate.

9. Police-officers not to resign without leave or two months' notice.

10. Police-officers not to engage inother employment.

11. [Repealed.].

12. Power of Inspector-General to make rules.

13. Additional police-officer employed at cost of individuals.

14. Appointment of additional force in the neighbourhood of railway and other works.

15. Quartering of additional police in disturbed or dangerous districts.

15A. Awarding compensation to sufferers from misconduct of inhabitants or persons interested in land.

16. Recovery of moneys payable under sections 13, 14,

S.1 Interpretation clause

The following words and expressions in this Act shall have the meaning assigned to them, unless there be something in the subject or context repugnant to such construction, that is to say—

the words "Magistrate of the district" shall mean the chief officer charged with the executive administration of a district and exercising the powers of a Magistrate, by whatever designation the chief officer charged with such executive administration is styled:

the word "Magistrate" shall include all persons within the general police-district, exercising all or any of the power of a Magistrate:

the word "police" shall include all persons who shall beenrolled under this Act:

the words "general police-district" shall embrace any1presidency, 2[State] or place, or any part of any presidency,2[State] or place, in which this Act shall be ordered to take effect:

3[the words "District Superintendent" and "District Superintend

S.2 Constitution of the forces

82. Constitution of the forces.—The entire police-establishment under a 4[State Government] shall for the purposes of this Act, be deemed to be one 9police force, and shall be formally enrolled; and shall consist of such number of officers and men, and shall be constituted in such manner, 10*** as shall from time to time be ordered by the 4[State Government]11***.

12[Subject to the provisions of this Act the pay and all other conditions of service of members of the subordinate ranks of any police force shall be such as may be determined by the2[State] Government.]

8. S. 2, so far as it is related to the provinces under the administration of the Lieutenant-Governor of Bengal, rep. by the Bengal Police Act, 1869 (Ben. 7 of 1869).

9. See note to s. 8, infra, as to enrolment of the police force in certain places.

10. The words "and the members of suc

S.3 Superintendence in the State Government

3. Superintendence in the 4[State Government].—The superintendence of the police throughout a general police-district shall vest in and 9*** shall be exercised by the 4[State Government] to which such district is subordinate; and except as authorised under the provisions of this Act, no person, officer, or Court shall be empowered by the 4[State Government] to 13*** supersede, or control any police functionary.

4. Subs. by the A.O. 1950, for "Provincial Government" which had been subs. by the A.O. 1937, for "L.G."

9. See note to s. 8, infra, as to enrolment of the police force in certain places.

13. The word "appoint" omitted, ibid.

S.4 Inspector-General of Police, etc.

4. Inspector-General of Police, etc.—14The administration of the police throughout the general police district shall be vested in an officer to be styled the Inspector-General of Police, and in such Deputy Inspectors-General and Assistant Inspectors-General as the 1[State Government] shall seem fit.

The administration of the police throughout the local jurisdiction of the Magistrate of the district shall, under the general control and direction of such Magistrate, be vested in a District Superintendent and such Assistant District Superintendents as the 1[State Government] shall consider necessary.

14. In the town and suburbs of Calcutta, the administration of the police vests in the "Commissioner of Police", see s. 3 of the Calcutta Police Act, 1866 (Ben. 4 of 1866).

1. Subs. by the A.O. 1950, for "Provincial Government" which had been subs. by the A.O. 1937, for "L.G."

S.5 Powers of Inspector General Exercise of power

5. Powers of Inspector General Exercise of power.— The Inspector-General of Police shall have the full powers of a Magistrate throughout the general police-district; but shall exercise those powers subject to such limitation as may from time to time be imposed by the 1[State Government].

1. Subs. by the A.O. 1950, for "Provincial Government" which had been subs. by the A.O. 1937, for "L.G."

S.6 [Repealed.]

6. [Magisterial powers of police officers.]Rep.by the Code of Criminal Procedure, 1882 (Act 10 of 1882), s. 2 and Schedule I (b).

S.7 Appointment, dismissal, etc., of inferior officers

7. Appointment, dismissal, etc., of inferior officers.— 3[Subject to the provisions of article 311 of the Constitution, and to such rules as the 1[State Government] may from time to time make under this Act, the Inspector-General, Deputy Inspectors-General, Assistant Inspector-General and District Superintendents of Police may at any time dismiss, suspend or reduce any police-officer of the subordinate ranks] whom they shall think remiss or negligent in the discharge of his duty, or unfit for the same;

5[or may award any one or more of the following punishments to any police-officer6[of the subordinate ranks] who shall discharge his duty in a careless or negligent manner, or who by any act of his own shall render himself unfit for the discharge thereof, namely: —

• (a)fine to any amount not exceeding one month's pay;
• (b) confinement to quarters for a term not exceeding fifteen days, with or without punishment-dr
  

S.8 Certificates to police officers

8. Certificates to police officers. —8Every police-officer 9[appointed to the police force other than an officer mentioned in section 4] shall receive on his appointment a certificate in the form annexed to this Act under the seal of the Inspector-General or such other officer as the Inspector-General shall appoint, by virtue of which the person holding such certificate shall be vested with the powers, functions, and privileges of a police-officer.

Surrender of certificate.—1[Such certificate shall cease to have effect whenever the person named in it ceases for any reason to be a police-officer, and, on his ceasing to be such an officer, shall be forthwith surrendered by him to any officer empowered to receive the same.

A police-officer shall not by reason of being suspended from office cease to be a police-officer. During the term of such suspension the powers, functions and privileges vested in him as a police-officer shall be in abe

S.9 Police-officers not to resign without leave or two months' notice

9. Police-officers not to resign without leave or two months' notice. —No police-officer shall be at liberty to withdraw himself from the duties of his office unless expressly allowed to do so by the District Superintendent or by some other officer authorised to grant such permission or, without the leave of the District Superintendent, to resign his office unless he shall have given to his superior officer notice in writing, for a period of not less than two months, of his intention to resign.

S.10 Police-officers not to engage inother employment

10. Police-officers not to engage inother employment.—No police-officer shall engage in any employment or office whatever other than his duties under this Act, unless expressly permitted to do so in writing by the Inspector-General.

S.11 [Repealed.]

11.[Police superannuation fund.]Rep. by the Repealing Act, 1874 (16 of 1874) s. 1 and Sch., Pt. I.

S.12 Power of Inspector-General to make rules

12. Power of Inspector-General to make rules.—The Inspector-General of Police may, from time to time, subject to the approval of the 2[State Government], frame such orders and rules as he shall deem expedient relative to the organization, classification and distribution of the police-force, the places at which the members of the force shall reside, and the particular services to be performed by them; their inspection, the description of arms, accoutrements and other necessaries to be furnished to them; the collecting and communicating by them of intelligence and information; and all such other orders and rules relative to the police-force as the Inspector-General shall, from time to time, deem expedient for preventing abuse or neglect of duty, and for rendering such force efficient in the discharge of its duties.

2. Subs. by the A.O. 1950, for "Provincial Government" which had been subs. by the A.O. 1937, for "L.G."

S.13 Additional police-officer employed at cost of individuals

13. Additional police-officeremployed at cost of individuals.—It shall be lawful for the Inspector-General of Police, or any Deputy Inspector-General, or Assistant Inspector-General, or for the District Superintendent, subject to the general direction of the Magistrate of the district, on the application of any person showing the necessity thereof, to depute any additional number of police-officers to keep the peace at any place within the general police-district, and for such time as shall be deemed proper. Such force shall be exclusively under the orders of the District Superintendent, and shall be at the charge of the person making the application:

Provided that itshall be lawful for the person on whose application such deputation shall have been made, on giving one month's notice in writing to the Inspector-General, Deputy Inspector-General, or Assistant Inspector-General, or to the District Superintendent, to require that the police-officers so deputed shall be withdraw

S.14 Appointment of additional force in the neighbourhood of railway and other works

14. Appointment of additional force in the neighbourhood of railway and other works.—Whenever any railway, canal or other public work, or any manufactory or commercial concern shall be carried on, or be in operation in any part of the country, and it shall appear to the Inspector-General that the employment of an additional police-force in such place is rendered necessary by the behaviour or reasonable apprehension of thebehaviour of the persons employed upon such work, manufactory or concern, it shall be lawful for the Inspector-General, with the consent of the 1[State Government], to depute such additional force to such place, and to employ the same so long as such necessity shall continue, and to make orders, from time to time, upon the person having the control or custody of the funds used in carrying on such work, manufactory or concern, for the payment of the extra force so rendered necessary, and such person shall thereupon cause payment to be made accordingly.

S.15 Quartering of additional police in disturbed or dangerous districts

215. Quartering of additional police in disturbed or dangerous districts.—(1) It shall be lawful for the 1[State Government], by proclamation to be notified in the Official Gazette, and in such other manner as the 1[State Government] shall direct, to declare that any area subject to its authority has been found to be in a disturbed or dangerous state, or that, from the conduct of the inhabitants of such areaor of any class or section of them, it is expedient to increase the number of police.

(2) It shall thereupon be lawful for the Inspector-General of Police, or other officer authorised by the 1[State Government] in this behalf, with the sanction of the 1[State Government], to employ any police-force in addition to the ordinary fixed complement to be quartered in the area specified in such proclamation as aforesaid.

(3)Subject to the provisions of sub-section (5) of this section, the cost of such additional polic

S.15A Awarding compensation to sufferers from misconduct of inhabitants or persons interested in land

315A. Awarding compensation to sufferers from misconduct of inhabitants or persons interested in land.—(1) If, in any area in regard to which any proclamation notified under the last preceding section is in force, death or grievous hurt or loss of, or damage to, property has been caused by or has ensued from the misconduct of the inhabitants of such area or any class or section of them it shall be lawful for any person, being an inhabitant of such area, who claims to have suffered injury from such misconduct to make, within one month from the date of the injury or such shorter period as may be prescribed, an application for compensation to the Magistrate of the district or of the sub-division of a district within which such area is situated.

(2) It shall thereupon be lawful for the Magistrate of the district, with the sanction of the 1[State Government] after such enquiry as he may deem necessary, and whether any additional police-force has or has not b

S.STATE AMENDMENT STATE AMENDMENT - Amendment of section 15-A

Orissa

Amendment of section 15-A.—In the Police Act, 1861 (Act 15 of 1861), in its application to the State of Orissa, for section 15-A, the following section shall be substituted, namely:—

15-A. Awarding compensation to sufferers from misconduct of inhabitants of any area.—(1) If, any area, death or grievous hurt Awarding or loss of or damage to property (including public property) has been caused by or has-ensued from sufferers the misconduct of the inhabitants of such area or any class or section of them or from the failure inhabitants on their part to render assistance in preventing such loss or damage, it shall be lawful for any person who claims to have suffered injury, loss or case from such misconduct or failure, to make within one month from the date of the injury, loss or damage, as the case may be, an application for compensation to the Magistrate of the district within which such area is Situated.

(2)It shall thereupon be lawful for the Magistrate o

FORM.

S.16 Recovery of moneys payable under sections 13, 14, 15 and 15A, and disposal of same when recovered

(1) All moneys payable under sections 13, 14, 15 and 15A shall be coverable by the Magistrate of the district in the manner provided by sections 386 and 387 of the Code of Criminal Procedure, 18822 (10 of 1882), for the recovery of fines, or by suit any competent Court.

(3) All moneys paid or recovered under section 15A shall be paid by the Magistrate of the district to the persons to whom and in the proportions in which the same are payable under that section.

1. Subs. by Act 8 of 1895, s. 6, for section 16.

2. See now ss. 421 and 422 of the Code of Criminal Procedure, 1973 (Act 2 of 1974).

3. Subs-section (2) omitted by the A.O. 1937. See however, para. 4 of the India and Burma (Transitory Provisions) Order 1937.

S.17 Special police-officers

When it shall appear that any unlawful assembly, or riot or disturbance of the peace has taken place, or may be reasonably apprehended, and that the police-force ordinarily employed for preserving the peace is not sufficient for its preservation and for the protection of the inhabitants and the security of property in the place where such unlawful assembly or riot or disturbance of the peace has occurred, or is apprehended, it shall be lawful for any police-officer not below the rank of Inspector to apply to the nearest Magistrate to appoint so many of the residents of the neighbourhood as such police-officers may require to act as special police-officers for such time and within such limits as he shall deem necessary; and the Magistrate to whom such application is made shall, unless he see cause to the contrary, comply with the application.

S.18 Powers of special police-officers

Every special police-officer so appointed shall have the same powers, privileges and protection, and shall be liable to perform the same duties and shall be amenable to the same penalties, and be subordinate to the same authorities, as the ordinary officers of police.

S.19 Refusal to serve as special police-officers

If any person being appointed a special police-officer as aforesaid shall without sufficient excuse, neglect or refuse to serve as such, or to obey such lawful order or direction as may be given to him for the performance of his duties, he shall be liable, upon conviction before a Magistrate, to a fine not exceeding fifty rupees for every such neglect, refusal or disobedience.

S.20 Authority to be exercised by police-officers

Police-officers enrolled under this Act shall not exercise any authority, except the authority provided for a police-officer under this Act and any Act which shall hereafter be passed for regulating criminal procedure.4

4. For some cases in which the application of s. 20 has been restricted, see the Assam Police-officers Regulation, 1883 (2 of 1883), and s. 2 of the Punjab Frontier Police-officer Regulation, 1893 (7 of 1893).

S.21 Village police-officers

Nothing in this Act shall affect any hereditary or other village police-officer, unless such officer shall be enrolled as a police-officer under this Act. When so enrolled, such officer shall be bound by the provisions of the last preceding section. No hereditary or other village police-officer shall be enrolled without his consent and the consent of those who have the right of nomination.

S.22 Police-officers always on duty and may be employed in, any part of district

Every police-officer shall, for all purposes in this Act contained, be considered to be always on duty, and may at any time be employed as a police-officer in any part of the general police-district.

S.23 Duties of police-officers

It shall be the duty of every police-officer promptly to obey and execute all orders and warrants lawfully issued to him by any competent authority; to collect and communicate intelligence affecting the public peace; to prevent the commission of offences and public nuisances; to detect and bring offenders to justice and to apprehend all persons whom he is legally authorized to apprehend, and for whose apprehension sufficient ground exists; and it shall be lawful for every police-officer, for any of the purposes mentioned in this section, without a warrant, to enter and inspect any drinking-shop, gaming-house or other place of resort of loose and disorderly characters.

S.24 Police-officers may lay information, etc.

It shall be lawful for any police-officer to lay any information before a Magistrate, and to apply for a summons, warrant, search warrant or such other legal process as may by law issue against any person committing an offence1.

1. The words “and to prosecute such person up to final judgment” rep. by Act 10 of 1882, s. 2 and the Schedule 1(b).

S.25 Police-officers to take charge of unclaimed property, and be subject to Magistrate’s orders as to disposal

It shall be the duty of every police-officer to take charge of all unclaimed property, and to furnish an inventory thereof to the Magistrate of the district.

The police-officers shall be guided as to the disposal of such property by such orders as they shall receive from the Magistrate of the district.

S.26 Magistrate may detain property and issue proclamation

(1) The Magistrate of the district may detain the property and issue a proclamation, specifying the articles of which it consists, and requiring any person who has any claim thereto to appear and establish his right to the same within six months from the date of such proclamation.

(2) The provisions of section 525 of the Code of Criminal Procedure, 1882 (10 of 1882), shall be applicable to property referred to in this section.

S.27 Confiscation of property if no claimant appears

(1) If no person shall within the period allowed claim such property, or the proceeds thereof, if sold, it may, if not already sold under sub-section (2) of the last preceding section, be sold under the orders of the Magistrate of the district.

(2) The sale-proceeds of property sold under the preceding sub-section and the proceeds of property sold under section 26 to which no claim has been established shall be at the disposal of the State Government.

S.28 Persons