Justices of the Peace Act, 18691
| [Act No. 2 of 1869] | [12th February, 1869] |
| [Repealed by Act 10 of 1882, S. 2 and Sch. I] | [12th February, 1869] |
Passed by the Governor General of India in Council.
An Act for the appointment of Justices of the Peace.
Preamble.- Whereas it is expedient to consolidate and amend the law relating to the appointment of Justices of the Peace; It is hereby enacted as follows:-
1 Received the assent of the Governor General on the 12th February 1869.
1. Short title.- This Act may be called "The Justices of the Peace Act, 1869."
2. Repeal of enactments.- The enactments mentioned in the schedule hereto annexed are hereby repealed to the extent specified in the third column of the same schedule.
3. Appointment of Justices of the Peace for the Mofussil.- The Governor General of India in Council, so far as regards the whole or any part of British India (other than the towns of Calcutta, Madras and Bombay),
and every Local Government, so far as regards the territories subject to its Government or administration (other than the towns aforesaid),
may, by notification in the official Gazette, appoint such and so many of the Covenanted Civil Servants of the Crown in India, or other British inhabitants, as the said Governor General in Council or the Local Government (as the case may be) shall think properly qualified to act as Justices of the Peace within and for the territories mentioned in such notification.
4. Appointment of Justices of the Peace for the presidency towns.- The Governor General of India in Council or the Local Government, so far as regards the town of Calcutta,
and the Local Government, so far as regards the towns of Madras and Bombay,
may, by notification in the official Gazette, appoint any persons resident within British India and not being the subjects of any foreign State whom such Governor General in Council or Local Government (as the case may be) shall think properly qualified to act as Justices of the Peace within the limits of the town mentioned in such notification.
5. Powers and duties of Justifies of the Peace.- All persons appointed under section three or section four shall be Justices of the Peace and shall have authority to act as such, and shall have power to commit for trial European British subjects of Her Majesty to the Court prescribed in that behalf by the law in force for the time being, and shall do all other acts appertaining to the office of Justice of the Peace which under or by virtue of any law in force for the time being may be done by a Justice of the Peace within the said territories or towns, as the case may be.
6. Powers of Justices of the Peace in Native States.- All persons being servants of Government appointed by the Governor General in Council to act as Justices of the Peace for the whole of British India,
and all persons being servants of Government appointed by a Local Government to act as Justices of the Peace for the territories subject to such Government other than the towns aforesaid,
shall, so far as regards European British and Christian subjects of Her Majesty within the dominions of Princes and States in India in alliance with Her Majesty, have power to act as Justices of the Peace and to commit such subjects for trial according to law.
7. Declarations to be taken by Justices of the Peace.- 1[Repealed]
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Prior to repealed by Act 10 of 1873, Section 7 read as:
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7. Declarations to be taken by Justices of the Peace.- Provided that no person other than a person now acting as a Justice of the Peace under a commission shall be capable of acting as a Justice of the Peace until he shall have made and subscribed, before some other Justice of the Peace or the chief civil officer of any station within the territories or place in and for which he shall have been appointed, declarations to the following effect:-
"I declare that I will be faithful and bear true allegiance to Her Majesty."
"I declare that I will truly and faithfully discharge the office of a Justice of the Peace."
1 Repealed by Act 10 of 1873, S. 2 & Schedule (w.e.f. 1-5-1873).
8. Subscriptions to declarations to be kept.- 1[Repealed]
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Prior to repealed by Act 10 of 1873, Section 8 read as:
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8. Subscriptions to declarations to be kept.- The subscriptions of such persons to the said declarations shall be deposited with and kept by such officer as the Governor General in Council or the Local Government (as the case may be) shall from time to time appoint.
1 Repealed by Act 10 of 1837, S. 2 & Schedule (w.e.f. 1-5-1873).
9. Power to suspend or dismiss.- The Governor General of India in Council in the case of any Justice of the Peace appointed by him, and the Local Government in the case of any justice of the Peace appointed by it, may suspend or dismiss any person so appointed.
10. Present Justices of the Pease to be deemed to be appointed under this Act.- Every person now anting as a Justice of the Peace within and for any part of British India other than the said towns under any commission issued by any of the said High Courts, shall be deemed to have been appointed under section three by the said Governor General in Council to act as a Justice of the Peace for the whole of British India.
Every person now acting as a Justice of the Peace within the limits of any of the said towns under any such commission shall be deemed to have been appointed under section four by the Local Government.
Schedule
Schedule
| Number of Statute of Act. | Title of Statute or Act. | Extent of Repeal. |
| 33 Geo. III, Cap. 52 … | An Act for continuing in the East India Company, for a further term, the Possession of the British Territories in India, together with their exclusive Trade, under certain limitations; for establishing further Regulations for the Government of the said Territories, and the better Administration of Justice within the same; for appropriating, to certain uses, the Revenues and Profits of the said Company; and for making provision for the good Order and Government of the Towns of Calcutta, Madras and Bombay. | Sections 151 and 152. |
| 47 Geo. III, Sess. 2, Cap. 68. | An Act for the better Government of the Settlements of Fort St. George and Bombay; for the Regulation of Public Banks; and for amending so much of an Act passed in the thirty-third year of his present Majesty as relates to the Periods at which the Civil Servants of the East India Company may be employed in their service abroad. | Sections 4, 5 and 6. |
| 53 Geo. III, Cap. 155 … | An Act for continuing in the East India Company, for a further term, the Possession of the British Territories in India, together with certain exclusive Privileges; for establishing further Regulations for the Government of the said Territories, and the better Administration of Justice within the same; and for regulating the Trade to and from the Places within the Limits of the said Company. | Section 112. |
| 2 & 3 Wm. IV, Cap. 117 … | An Act to amend the Law relating to the Appointment of Justices of the Peace, and of Juries in the East Indies. | The whole. |
| Act No. XVI of 1841 … | An Act Concerning the taking of Oaths of Qualification by Justices of the Peace. | So much as has not been repealed. |
| Act No. VI of 1845 … | An Act to amend the Law regarding the issue of Commissions of the Peace. | The whole. |
| Act No. XXVII of 1864 … | An Act to substitute certain declarations for the Oaths of Qualification taken by Justices of the Peace. | The whole. |