THE POLICE ACT, 1861
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ARRANGEMENT OF SECTIONS
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PREAMBLE
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 powers.
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 [Repealed.].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 in other employment.
11. [Repealed.].
12. Power of Inspector-General to make rules.
13. Additional police-officers employed at cost of individuals.
14. Appointment of additional force in the neighbourhood of rail-way 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, 15 and 15A, and disposal of same when
recovered.
17. Special police-officers.
18. Powers of special police-officers.
19. Refusal to serve as special police-officers.
20. Authority to be exercised by police-officers.
21. Village police-officers.
Police-chaukidars in the Presidency of Fort William.
22. Police-officers always on duty and may be employed in any part of district.
23. Duties of police-officers.
SECTIONS
24. Police-officers may lay information, etc.
25. Police-officers to take charge of unclaimed property, and be subject to Magistrate’s orders as
to disposal.
26. Magistrate may detain property and issue proclamation.
27. Confiscation of property if no claimant appears.
28. Persons refusing to deliver up certificate, etc., on ceasing to be police-officers.
29. Penalties for neglect of duty, etc.
30. Regulation of public assemblies and processions and licensing of the same.
Music in the streets.
30A. Powers with regard to assemblies and processions violating conditions of license.
31. Police to keep order in public roads, etc.
32. Penalty for disobeying orders issued under last three sections, etc.
33. Saving of control of Magistrate of district.
34. Punishment for certain offences on roads, etc.
Slaughtering cattle, furious riding, etc.
Cruelty to animals.
Obstructing passengers.
Exposing goods for sale.
Throwing dirt into street.
Being found drunk or riotous.
Indecent exposure of person.
Neglect to protect dangerous places.
35. Jurisdiction.
36. Power to prosecute under other law not affected.
Proviso.
37. Recovery of penalties and fines imposed by Magistrates.
41. [Repealed.].
42. Limitation of actions.
Tender of amends.
Proviso.
SECTIONS
43. Plea that act was done under warrant.
Proviso.
44. Police-officers to keep diary.
45. State Government may prescribe form of returns.
46. Scope of Act.
47. Authority of District Superintendent of Police over village police.
FORM
THE POLICE ACT, 1861 1
ACT NO. 5 OF 1861
[22nd March, 1861.]
An Act for the Regulation of Police.
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: —
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:
1. Short title given by the Indian Short Titles Act, 1897 (14 of 1897).
This Act has been applied to—
the Sonthal Parganas by the Sonthal Parganas Settlement Regulation,1872 (3 of 1872), s. 3;
the Town of Calcutta and its suburbs, with modifications by the Calcutta Police Act, 1898 (Ben.1 of 1898);
the Khondmals District by the Khondmals Laws Regulation, 1936 (4 of 1936), s. 3 and Schedule;
the Angul District by the Angul Laws Regulation, 1936 (5 of 1936), s. 3 and Schedule; and
the areas transferred to Orissa from the Madras Presidency, by the Orissa Laws Regulation, 1936 (1 of 1936).
It has been declared, by notification under section 3 (a) of the Scheduled Districts Act, 1874 (14 of 1874), to be in force
in the following Scheduled Districts, namely: —
The District of Hazaribagh, Lohardaga (now the Ranchi District, see Calcutta Gazette, 1899 Part I, p.44) and Manbhum
and Pargana Dhalbhum and the Kolhan in the District of Singhbhum, see Gazette of India, 1881, Part I, p.504, and the
Porahat Estate in the Singhbhum District, see Gazette of India, 1897, Part I, p 1059.
It has been extended, by notification under s. 5 of the same Act, to the Kumaon and Garhwal Districts, see Gazette of
India, 1891, Part I, p.185, and (with the exception of s. 5) to the Scheduled District of Coorg, see Gazette of India, 1914,
Part II, p. 2347. Ss. 15, 15A, 16, 30, 30A, 31 and 32 have been extended to the Scheduled Districts in Ganjam and
Vizagapatam, see Fort St. George Gazette, 1898, Part I, p.667, and Gazette of India, 1898, Part I, p. 873. The whole Act has
been extended to the Amindivi Islands attached to the South Kanara District; see Fort St. George Gazette, 1935, Part I, p.
1202.
It has been extended to the Merged States and the States of Bhopal, Bilaspur, Himachal Pradesh and Kutch by the
Merged States (Laws) Act, 1949 (59 of 1949), and to the States of Manipur, Tripura and Vindhya Pradesh by the Part C
States (Laws) Act, 1950 (30 of 1950).
It has been extend to –
(1) and brought into force in Dadra and Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1963, s. 2 and the First Schedule;
(2) Laccadive Minicoy and Amindivi Islands (w.e.f. 1-10-1967): vide Reg. 8 of 1965, s. 3 and Schedule;
(3) the whole of Madhya Pardesh by M.P. Act 23 of 1958 (when notified); and
(4) Goa, Daman and Diu with modifications, by Reg. 12 of 1962, s. 3 and the Schedule.
As to special enactments in force in Madras, Bombay and Lower Provinces of Bengal, and extensions of this Act under
the power conferred by section 46, see notes to that section.
As to special enactments for Military, Frontier or Rural Police in force in certain parts of the States, see footnote to
section 8.
As to the creation of special police-districts embracing parts of two or more Provinces and the extension to every part
thereof the powers and jurisdiction of members of a police force belonging to any part of the States, see the Police Act, 1888
(3 of 1888).
The Act has been amended in its application to—
the C.P. and Berar by C.P. and Berar Act 3 of 1937; Madras by Madras Act 13 of 1948; the U.P. by U.P. Acts 2 of
1939, 2 of 1944 and 32 of 1952; Punjab by E.P. Act 30 of 1948; Pondicherry by Pondicherry Act 7 of 1968; West Bengal
by West Bengal Act 5 of 1973; Orissa by Orissa Acts 5 of 1976 and 34 of 1976 and Sikkim by Skkim Act 7 of 1980.
Repealed in its application to Bellary District by Mysore Act 14 of 1955.
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 be enrolled under this Act:
the words “general police-district” shall embrace any 1 presidency,
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 Superintendent of Police” shall include any
Assistant District Superintendent or other person appointed by general or special order of the 4 [State
Government] to perform all or any of the duties of a District Superintendent of Police under this Act
in any district:]
the word “property” shall include any moveable property money, or valuable security: 5 * * * * *
the word “person” shall include a company or corporation:
the word “month” shall mean a calendar month: 6 the word “cattle” shall, besides horned cattle, include elephants, camels, horses, asses, mules,
sheep, goats and swine. 7 [References to the subordinate ranks of a police force shall be construed as references to members
of that force below the rank of Deputy Superintendent.] 8 2. 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 9 police 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 the 2 [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. Inspector-General of Police, etc.— 14
The administration of the police throughout a general
police district shall be vested in an officer to be styled the Inspector-General of Police, and in such
1. Under s. 2 of Police Act, 1888 (3 of 1888), the Central Government may, notwithstanding this provision, create a special
police-district, consisting of parts of two or more States.
As to Delhi State, see Gazette of India, 1912, Pt. I, p. 1105.
2. Subs. by the A.O. 1950, for “Province”.
3. Ins. by Act 8 of 1895, s. 1.
4. Subs. by the A.O. 1950, for “Provincial Government” which had been subs. by the A.O. 1937, for “L.G.”
5. The definitions relating to “number” and “gender” rep. By Act 10 of 1914, s. 3 and the Second Schedule.
6. Cf. Definition of “cattle” in s. 3 of the Cattle-trespass Act, 1871 (1 of 1871).
7. Ins. by the A.O. 1937.
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 such force shall receive such pay” omitted by the A.O. 1937.
11. Certain words omitted, ibid.
12. Ins. ibid.
13. The word “appoint” omitted, ibid.
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).
Deputy Inspectors-General and Assistant Inspectors-General as to the 1 [State Government] shall been
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.
2 * * * * *
5. Powers of Inspector-General Exercise of powers.— 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.]
6. [Magisterial powers of police-officers.] Rep. by the Code of Criminal Procedure, 1882 (Act 10
of 1882), s. 2 and Schedule I (b).
7. Appointment, dismissal, etc., of inferior officers.— 3 [
4 [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-officer
6 [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-
drill, extra guard, fatigue or other duty;
(c) deprivation of good-conduct pay;
(d) removal from any office of distinction or special emolument.] 7
8. Certificates to police-officers. — 8 Every 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 from
1. Subs. by the A.O. 1950, for “Provincial Government” which had been subs. by the A.O. 1937, for “L.G.”.
2. Certain words omitted by the A.O. 1937.
3. Subs., ibid., for certain words.
4. Subs. by the A.O. 1950 (as amended by C.O. 29), for “Subject to such rules”.
5. Subs. by Act 8 of 1895, s. 2, for certain words.
6. Ins. by the A.O. 1937.
7. For clause (e), applicable to certain areas in the U.P., see U.P. Act 2 of 1944.
8. As to enrolment, maintenance and discipline of –
(1) the Military Police-force employed in—
(a) the Andaman and Nicobar Islands, see the Andaman and Nicobar Islands Military Police (Disbandment )
Regulation, 1946 (3 of 1946);
(b) Assam, see the Assam Rifles Act, 1941 (5 of 1941);
(c) Bengal, see the Eastern Frontier Rifles (Bengal Battalion) Act, 1920 (Ben. 2 of 1920);
(2) the Punjab Frontier Police-officers, see the Punjab Frontier Police-officer Regulation, 1893 (7 of 1893);
(3) the Calcutta and Suburban Police, see the Calcutta Police Act, 1866 (Ben. 4 of 1866) and the Calcutta Suburban
Police Act, 1866 (Ben. 2 of 1866);
(4) the Police establishment in municipal areas in the U.P., see the U.P. Municipalities Act, 1916 (U.P. 2 of 1916);
(5) the Police establishment in municipal areas in the Punjab, see the Punjab Municipal Act, 1911 (Pun. 3 of 1911);
(6) the Rural Police in the Sonthal Parganas, see the Sonthal Parganas Rural Police Regulation, 1910 (4 of 1910);
(7) the Rural Police in Chota Nagpur, see the Chota Nagpur Rural Police Act, 1914 (B. & O. 1 of 1914);
(8) the U.P. Special Armed Constabulary, see the U.P. Special Armed Constabulary Act, 1942 (U.P. 5 of 1942);
(9) the Delhi Special Police Establishment, see the Delhi Special Police Establishment Act, 1946 (25 of 1946); and
(10) Delhi Police, see, Delhi Police Act, 1978 (34 of 1978).
9. Subs. by the A.O. 1937, for “so appointed”.
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 abeyance, but he shall continue subject to the same responsibilities,
discipline and penalties and to the same authorities, as if he had not been suspended.]
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.
10. Police-officers not to engage in other 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.
11. [Police superannuation fund.] Rep. by the Repealing Act, 1874 (16 of 1874) s. 1
and Schedule, Pt. I.
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.
13. Additional police-officers employed 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 it shall 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 withdrawn; and such person shall be relieved from the charge of such additional force
from the expiration of such notice.
1. Subs. by Act 8 of 1895, s. 3, for the second paragraph.
2. Subs. by the A.O. 1950, for “Provincial Government” which had been subs. by the A.O. 1937, for “L.G.”.
14. Appointment of additional force in the neighbourhood of rail-way 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 the behaviour 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.
2 [15. 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 area or 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
police-force shall be borne by the inhabitants of such area described in the proclamation.
(4) The Magistrate of the district, after such enquiry as he may deem necessary, shall apportion
such cost among the inhabitants who are, as aforesaid, liable to bear the same and who shall not have
been exempted under the next succeeding sub-section. Such apportionment shall be made according to
the Magistrate’s judgement of the respective means within such area of such inhabitants.
(5) It shall be lawful for the 1 [State Government] by order to exempt any persons or class or section
of such inhabitants from liability to bear any portion of such cost.
(6) Every proclamation issued under sub-section (1) of this section shall state the period for which
it is to remain in force, but it may be withdrawn at any time or continued from time to time for a
further period or periods as the 1 [State Government] may in each case think fit to direct.
Explanation.—For the purposes of this section, “inhabitants” shall include persons who themselves
or by their agents or servants occupy or hold land or other immoveable property within such area, and
landlords who themselves or by their agents or servants collect rents direct from raiyats or occupiers
in such area, notwithstanding that they do not actually reside therein.]
3 [15A. 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
1. Subs. by the A.O. 1950, for “Provincial Government” which had been subs. by the A.O. 1937, for “L.G.”.
2. Subs. by Act 8 of 1895, s. 4, for section 15.
3. Ins. by s. 5, ibid.
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 been quartered in such area under the last preceding section, to—
(a) declare the persons to whom injury has been caused by or has ensued from such
misconduct;
(b) fix the amount of compensation to be paid to such persons and the manner in which it is to
be distributed among them; and
(c) assess the proportion in which the same shall be paid by the inhabitants of such area other
than the applicant who shall not have been exempted from liability to pay under the next
succeeding sub-section:
Provided that the Magistrate shall not make any declaration or assessment under this sub-section,
unless he is of opinion that such injury as aforesaid has arisen from a riot or unlawful assembly within
such area, and that the person who suffered the injury was himself free from blame in respect of the
occurrences which led to such injury.
(3) It shall be lawful for the 1 [State Government], by order, to exempt any persons or class or
section of such inhabitants from liability to pay any portion of such compensation.
(4) Every declaration or assessment made or order passed by the Magistrate of the district under
sub-section (2) shall be subject to revision by the Commissioner of the Division or the 1 [State
Government], but save as aforesaid shall be final.
(5) No civil suit shall be maintainable in respect of any injury for which compensation has been
awarded under this section.
(6) Explanation.—In this section the word “inhabitants” shall have the same meaning as in the last
preceding section.]
2 [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, 1882 3
(10 of 1882), for the recovery of fines, or by suit any competent
Court.
4 * * * * *
(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.]
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
1. Subs. by the A.O. 1950, for “Provincial Government” which had been subs. by the A.O. 1937, for “L.G.”.
2. Subs. by Act 8 of 1895, s. 6, for section 16.
3. See now ss. 421 and 422 of the Code of Criminal Procedure, 1973 (2 of 1974).
4. Sub-section (2) omitted by the A.O. 1937. See however, para. 4 of the India and Burma (Transitory Provisions) Order
1937.
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.
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.
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.
1 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.
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.
Police-chaukidars in the Presidency of Fort William.—If any police-officer appointed under 2 Act XX of 1856 (to make better provision .for the appointment and maintenance of Police-chaukidars
in Cities, Towns, Stations, Suburbs and Bazars in the Presidency of Fort William in Bengal) is
employed out of the district for which he shall have been appointed under that Act, he shall not be
paid out of the rates levied under the said Act for that district.
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.
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.
1. 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).
2. The Bengal Chaukidari Act, 1856.
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 offence 1 ***.
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.
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 [(2) The provisions of section 525 of the
3 Code of Criminal Procedure, 1882 (10 of 1882), shall be
applicable to property referred to in this section.]
4 [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 5 [at the disposal of the
6 [State] Government].]
28. Persons refusing to deliver up certificate, etc., on ceasing to be police-officers.—Every
person, having ceased to be an enrolled police-officer under this Act, who shall not forthwith deliver
up his certificate, and the clothing, accoutrements, appointments and other necessaries which shall
have been supplied to him for the execution of his duty, shall be liable, on conviction before a
Magistrate, to a penalty not exceeding two hundred rupees, or to imprisonment with or without hard
labour, for a period not exceeding six months, or to both.
29. Penalties for neglect of duty, etc. —Every police-officer who shall be guilty of any violation
of duty or wilful breach or neglect of any rule or regulation or lawful order made by competent
authority, or who shall withdraw from the duties of his office without permission, 7 [or without having
given previous notice for the period of two months,] 8 [or who, being absent on leave, shall fail, without
reasonable cause, to report himself for duty on the expiration of such leave,] or who shall engage
without authority in any employment other than his police-duty, or who shall be guilty
of cowardice, or who shall offer any unwarrantable personal violence to any person in his custody,
shall be liable, on conviction before a Magistrate, to a penalty not exceeding three months’ pay, or to
imprisonment with or without hard labour, for a period not exceeding three months, or to both.
9 [30. Regulation of public assemblies and processions and licensing of the same.—(1) The
1. The words “and to prosecute such person up to final judgment” rep. by Act 10 of 1882, s. 2 and the Schedule I (b).
2. Ins. by Act 8 of 1895, s. 7.
3. See now the Code of Criminal Procedure, 1973 (2 of 1974), s. 459.
4. Subs. by Act 8 of 1895, s. 8, for section 27.
5. Subs. by the A.O. 1937, for “at the disposal of Govt.”
6. Subs. by the A.O. 1950, for “Provincial”.
7. These words shall be deemed to have been rep. so long as the Police (Resignation of Office) Ordinance, 1942 (11 of
1942), remains in force: see s. 2 and the Schedule of that Ordinance.
8. Ins. by Act 8 of 1895, s. 9.
9. Subs. by s. 10, ibid., for section 30.
District Superintendent or Assistant District Superintendent of Police may, as occasion requires, direct
the conduct of all assemblies and processions on the public roads, or in the public streets or
thoroughfares, and prescribe the routes by which, and the times at which, such processions may pass.
(2) He may also, on being satisfied that it is intended by any persons or class of persons to convene
or collect an assembly in any such road, street or thoroughfare, or to form a procession which would,
in the judgment of the Magistrate of the district, or of the sub-division of a district, if uncontrolled, be
likely to cause a breach of the peace, require by general or special notice that the persons convening or
collecting such assembly or directing or promoting such procession shall apply for a licence.
(3) On such application being made, he may issue a license specifying the names of the licensees
and defining, the conditions on which alone such assembly or such procession is to be permitted to
take place and otherwise giving effect to this section:
Provided that no fee shall be charged on the application for, or grant of, any such licence.
(4) Music in the streets.—He may also regulate the extent to which music may be used in the
streets on the occasion of festivals and ceremonies.]
1 [30A. Powers with regard to assemblies and processions violating conditions of license.—(1)
Any Magistrate or District Superintendent of Police or Assistant District Superintendent of Police or
Inspector of Police or any police-officer in charge of a station may stop any procession which violates
the conditions of a licence granted under the last foregoing section, and may order it or any assembly
which violates any such conditions as aforesaid to disperse.
(2) Any procession or assembly which neglects or refuses to obey any order given under the last
preceding sub-section shall be deemed to be an unlawful assembly.]
31. Police to keep order in public roads, etc.—It shall be the duty of the police to keep order on
the public roads, and in the public streets, thoroughfares, ghats and landing-places, and at all other
places of public resort, and to prevent obstructions on the occasions of assemblies and processions on
the public roads and in the public streets, or in the neighbourhood of places of worship, during the
time of public worship, and in any case when any road, street, thoroughfare, ghat or landing-place
may be thronged or may be liable to be obstructed.
32. Penalty for disobeying orders issued under last three sections, etc.—Every person opposing
or not obeying the orders issued under the last 2 [three] preceding sections, or violating the conditions
of any license granted by the District Superintendent or Assistant District Superintendent of Police for
the use of music, or for the conduct of assemblies and processions, shall be liable, on conviction
before a Magistrate, to a fine not exceeding two hundred rupees.
33. Saving of control of Magistrate of district —Nothing in the last 3 [four] preceding sections
shall be deemed to interfere with the general control of the Magistrate of the district over the matters
referred to therein.
34. Punishment for certain offences on roads, etc.—Any person who, on any road or in any 4 [open place or] street or thoroughfare within the limits of any town to which this section shall be
specially extended by the 5 [State Government], commits any of the following offences, to the
1. Ins. by Act 8 of 1895, s. 11.
2. Subs. by s. 12, ibid., for “two” .
3. Subs. by s. 12, ibid., for “three”.
4. Ins. by s. 13, ibid.,
5. Subs. by the A.O. 1950 for “Provincial Government” which had been subs. by the A.O. 1937, for “L.G.”.
obstruction, inconvenience, annoyance, risk, danger or damage of the 1 [residents or passengers] shall,
on conviction before a Magistrate, be liable to a fine not exceeding fifty rupees, or to imprisonment
2 [with or without hard labour] not exceeding eight days; and it shall be lawful for any police-officer to
take into custody, without a warrant, any person who within his view commits any of such offences,
namely:—
First.—Slaughtering cattle, furious riding, etc.—Any person who slaughters any cattle or cleans
any carcass; any person who rides or drives any cattle recklessly or furiously, or trains or breaks any
horse or other cattle:
Second.—Cruelty to animals.—Any person who wantonly or cruelly beats, abuses or tortures any
animal:
Third.—Obstructing passengers.—Any person who keeps any cattle or conveyance of any
kind standing longer than is required for loading or unloading or for taking up or setting down
passengers, or who leaves any conveyance in such a manner as to cause inconvenience or danger to
the public:
Fourth.—Exposing goods for sale.—Any person who exposes any goods for sale:
Fifth.—Throwing dirt into street.—Any person who throws or lays down any dirt, filth,
rubbish or any stones or building materials, or who constructs any cowshed, stable or the like, or who
causes any offensive matter to run from any house, factory, dungheap, or the like:
Sixth.—Being found drunk or riotous.—Any person who is found drunk or riotous or who is
incapable of taking care of himself:
Seventh.—Indecent exposure of person.—Any person who wilfully and indecently exposes
his person, or any offensive deformity or disease, or commits nuisance by easing himself, or by
bathing or washing in any tank or reservoir not being a place set apart for that purpose:
Eighth.—Neglect to protect dangerous places.—Any person who neglects to fence in or
duly to protect any well, tank or other dangerous place or structure.
35. Jurisdiction.— 3 *** Any charge against a police-officer above the rank of a constable under
this Act shall be enquired into and determined only by an officer exercising the powers of a 4 Magistrate.
36. Power to prosecute under other law not affected.—Nothing contained in this Act shall be
construed to prevent any person from being prosecuted under any other Regulation or Act for any
offence made punishable by this Act, or from being liable under any other Regulation or Act or any
other or higher penalty or punishment than is provided for such offence by this Act:
Proviso.—Provided that no person shall be punished twice for the same offence.
5 [37. Recovery of penalties and fines imposed by Magistrates.—The provisions of sections 64 to
70, both inclusive, of the Indian Penal Code (45 of 1860), and of sections 386 to 389, both
1. Subs. by Act 8 of 1895, s. 13, for “residents and passengers”.
2. Ins. by Act 1 of 1903, s. 3 and the Second Schedule.
3. Certain words rep. by Act 10 of 1882, s. 2 and the Schedule I(b).
4. I.e., by a Magistrate of the first class. See s. 3 (1) of the Code of Criminal Procedure, 1973 (2 of 1974).
5. Subs. by Act 8 of 1895, s. 14, for sections 37, 38, 39 and 40.
inclusive, of the 1 Code of Criminal Procedure, 1882 (10 of 1882), with respect to fines, shall apply to
penalties and fines imposed under this Act . on conviction before Magistrate:
Provided that, notwithstanding anything contained in section 65 of the first-mentioned Code, any
person sentenced to fine under section 34 of this Act may be imprisoned in default of payment of such
fine for any period not exceeding eight days.]
41. [Rewards to police and informers payable to General Police Fund.] Rep. by the A. O. 1937.
2 42 Limitation of actions.—All actions and prosecutions against any person, which may be
lawfully brought for anything done or intended to be done under the provisions of this Act, or under
the general police-powers hereby given shall be commenced within three months after the act
complained of shall have been committed, and not otherwise; and notice in writing of such action end
of the cause thereof shell be given to the defendant, or to the District Superintendent or an Assistant
District Superintendent of the District in which the act was committed, one month at least before the
commencement of the action.
Tender of amends.—No plaintiff shall recover in any such action if tender of sufficient amend
shall have been made before such action brought, or if a sufficient sum of money shall have been paid
into Court after such action brought, by or on behalf of the defendant, and, though a decree shall be
given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant,
unless the Judge before whom the trial is held shall certify his approbation of the action.
Proviso.—Provided always that no action shall in any case lie where such officers shall have been
prosecuted criminally for the same act.
43. Plea that act was done under warrant.—When any action or prosecution shall be brought or
any proceedings held against any police-officer for any act done by him in such capacity, it shall be
lawful for him to plead that such act was done by him under the authority of a warrant issued by a
Magistrate.
Such plea shall be proved by the production of the warrant directing the act, and purporting to be
signed by such Magistrate and the defendant shall thereupon be entitled to a decree in his favour,
notwithstanding any defect of jurisdiction in such Magistrate. No proof of the signature of such
Magistrate shall be necessary, unless the Court shall see reason to doubt its being genuine:
Proviso.—Provided always that any remedy which the party may have against the authority
issuing such warrant shall not be affected by anything contained in this section.
1. See now sections 421 to 424 of the Code of Criminal Procedure, 1973 (2 of 1974).
1. See, however, paragraph 4 of the India and Burma (Transitory Provisions) Order, 1937. S. 41 Read as follows: —“All
sums paid for the service of process by police-officers, and all rewards, forfeitures and penalties or shares of rewards,
forfeitures and penalties which by law are payable to informers shall, when the information is laid by a police-officer, be paid
into the General Police Fund”.
2. So much of s. 42 (the portion printed in italics) as relates to the limitation of suits rep. by Act 9 of 1871, s. 2 and
the First Schedule.
3. I.e., by a Magistrate of the first class. See s. 3 (1) of the Code of Criminal Procedure, 1973 (2 of 1974).
44. Police-officers to keep diary.—It shall be the duty of every officer in charge of a police-
station to keep a general diary in such form shall, from time to time, be prescribed by the 1 [State
Government] and to record therein all complaints and charges preferred, the names of all persons
arrested, the names of the complainants, the offences charged against them, the weapons or property
that shall have been taken from their possession or otherwise, and the names of the witnesses who
shall have been examined.
The Magistrate of the district shall be at liberty to call for and inspect such diary.
45. State Government may prescribe form of returns.—The 1 [State Government] may direct the
submission of such returns by the Inspector-General and other police-officers as to such 1 [State
Government] shall seem proper, and may prescribe the form in which such returns shall made.
2 [46. Scope of Act.—(1) This Act shall not by its own operation take effect in any
3 presidency,
4 [State] or place. But the
5 [State Government] by an order to be published in the Official Gazette may
extend the whole or any part of this Act to any presidency, 4 [State] or place, and the whole or such
portion of this Act as shall be specified in such order shall thereupon take effect in such presidency, 4 [State] or place.
(2) When the whole or any part of this Act shall have been extended, the 1 [State Government] may,
from time to time, by notification in the Official Gazette, make rules consistent with this Act—
(a) to regulate the procedure to be followed by Magistrates and police-officers in the discharge
of any duty imposed upon them by or under this Act;
(b) to prescribe the time, manner and conditions within and under which claims for
compensation under section 15A are to be made, the particulars to be stated in such claims, the
manner in which the same are to be verified, and the proceedings (including local enquiries if
necessary) which are to be taken consequent thereon; and
1. Subs. by the A.O. 1950, for “Provincial Government” which had been subs. by the A.O. 1937, for “L.G.”.
2. Subs. by Act 8 of 1895, s. 15, for section 46.
3. In the States of Madras and Bombay there are special Police Acts, see the Madras District Police Act, 1859 (24 of 1859)
and the Bombay District Police Act, 1867 (Born. 7 of 1867). In the Lower Provinces of Bengal, Bengal Act 7 of 1869 is to be
read and taken as part of Act 5 of 1861, see s. 6 of the former Act.
This Act has been extended under the power conferred by the original section to—
(1) the U. P. including Ajmer-Merwara then under that Government, see Notification No. 964 in the North-Western
Provinces Gazette, 1861, p. 634:
[The orders as to enforcement of the Act in 27 districts in the U. P., in Hamirpur, Jalaun, Jhansi, Lalitpur,
Naini Tal (including the Tarai Parganas) and Almora and Garhwal, issued under the original s. 46, paragraph 2
(after the Act had been extended under paragraph 1 of that section to the whole province) are kept in force by s. 16 of Act
8 of 1895.]
(2) Oudh, see Notification No. 34 in the North-Western Provinces Gazette, 1861, p. 1758 ;
(3) the tract of land between Allahabad and Jubbulpore ceded in full sovereignty by certain Native States ;
(4) the C. P., Districts of Nagpur, Raipur, Bhandara, Chanda and Chhindwara, Sironcha, Nimsar;
(5) Bengal and Assam;
(6) several districts in the Punjab, see Notification No. 971, dated 15th May, 1861, Calcutta Gazette, 18th May1861,
p. 1302.
Under the power conferred by the section as it stood before the 1st April 1937, it has been extended as follows
to—
(1) Madras: ss. 15, 15A, 16, 30, 30A, 31 and 32 of the Act have been extended to the whole of the Madras Presidency,
see Notification No. 728, dated 31st October 1895, Gazette of India, 1895, Pt. I., p. 876.
(2) Eastern Dooars in the Goalpara District, see Notification No. 230, Gazette of India, 1897, Pt. 1, p. 198.
(3) the North and South Lushai Hills and the tract known as Rutton Puiya's villages including Demagri (now known as
the Lushai Hills) see Gazette of India, 1898, Pt. 1, p. 370.
4. Subs. by the A.O. 1950, for “Province”.
5. Subs. by the A.O. 1950, for “Provincial Government” which had been subs. by the A.O. 1937, for “G.G. in C.”.
(c) generally, for giving effect to the provisions of this Act.
(3) All rules made under this Act may from time to time be amended, added to or cancelled by the 1 [State Government].]
47. Authority of District Superintendent of Police over village police.—It shall be lawful for the 1 [State Government] in carrying this Act into effect in any part of the territories subject to such
1 [State
Government], to declare that any authority which now is or may be exercised by the Magistrate of the
district over any village-watchman to or other village police-officer for the purposes of police, shall be
exercised, subject to the general control of the Magistrate of the district, by the District Superintendent
of Police.
F O R M
(See section 8)
A. B. has been appointed a member of the police-force under Act 5 of 1861, and is vested with the
powers, functions and privileges of a police-officer.
_________
1. Subs. by the A.O. 1950, for “Provincial Government” which had been subs. by the A.O. 1937, for “L.G.”.