India Police Act 1861
India Police Act 1861
India Police Act 1861
Act V of 1861
Section
Subject
1
Interpretation Clause
2Constitution of the force
3Superintendence in the State Government
4Inspector General etc.
5Powers of inspector General - Exercise of powers of
6Magisterial poweras of police officers
7Appointment, dismissal of subordinate officers
8Certificate of police officers
9Police officers not to resign without leave or two months'
notice
10Police officers not to engage in other employment
11*
*
*
12Powers to make rules
13Additional police force employed at the cost of individuals
14Appointment of additional police force in the
neighbouhood of railways and other works
15Quartering of additional police forcein disturbed or
dangerous districts etc.
15A- Awarding compensation to suffers from misconduct of
inhabitants or persons interested in land
16Recoveries of moneys payable..
17Special Police Officers
18Powers of Special police officers
19Refusal to serve as Specialpolice officers
20Authority to be exercised by police officers
21Village police officers
22Police officers always on duty..
23Duties of police officers
24Police officers may lay information etc.
25Police officrs to take charge of unclaimed property
26
Magistrate may detain property...
27Confiscation of the property...
282930-
*the word "cattle" shall, besides horned cattle, include elephants, camels,
horses, asses, mules, sheep, goats and swine.
5
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 ParaganasSettlement 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 Sch.; and the Angul District by the Angul Laws
Regulation, 1936 (5 of 1936), s. 3 and Sch.; and the areas transferred to Orissa from the
Madras Presidency, by the Orissa Laws Regulation, 1936 (I of 1936) It has been
declared, by notification under s. 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, Pt. I, p. 44) and
Manbhum and Pargana Dhalbhum and the Kolhan in the District of Singhbhum, see
Gazette of India 1881, Pt. I, p. 504 and the Porahat Estate in the Singhbhum District, see
Gazette of India, 1897, Pt. 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, Pt. I, p.
185, and (with the exception of s. 5) to the Scheduled District of Coorg, see Gazette of
India, 1914, Pt. 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,
Pt. I, p. 667, and Gazette of India, 1898, Pt. 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, Pt. I, p. 1202. It has been extended to the Merged States and the States of
Bhopal, Bilaspur, Himachal Pradesh and Kutch by the Mergered 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 Sch. I; (2)
Laccadive Minicoy and Amindivi Islands (w.e.f. 1-10-1967): vide Reg. 8 of 1965, s. 3
and Sch.; (3) the whole of Madhya Pradesh 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 Sch. As to
special enactments in force in Madras, Bombay and Lower Provinces of Bengal, and
extensions of this Act under the power conferred by s. 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 s. 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 Sikkim Act 7 of 1980.
Repealed in its application to Bellary District by Mysore Act 14 of 1955.
-------------------------------------------------------------------------------1. Under s. 2 of the 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. Ins. by Act 8 of 1895, s. 1.
3. The definitions relating to "number" and "gender" rep. by Act 10 of 1914, s. 3 and Sch.
II.
4. Cf. definition of "cattle" in s. 3 of the Cattle-trespass Act, 1871 (1 of 1871).
5. Ins. by the A.O. 1937.
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5. Powers of Inspector-General- Exercise of powers.--The InspectorGeneral 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 State Government.
6. [Magisterial powers of police-officers.] Rep. by the Code of Criminal
Procedure, 1882 (Act 10 of 1882), s. 2 and Sch. I(b). 6. [Magisterial powers of policeofficers.] Rep. by the Code of Criminal Procedure, 1882 (Act 10 of 1882), s. 2 and Sch.
I(b).
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; 4*[or
may award any one or more of the following punishments to any policeofficer 5*[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.]6
-----------------------------------------------------------------1. Certain words omitted by the A. O. 1937.
2. Subs. by the A. O. 1937, for certain words.
3. Subs. by the A. O. 1950 (as amended by C.O. 29), for "Subject to such rules".
4. Subs. by Act 8 of 1895, s. 2, for certain words.
5. Ins. by the A.O. 1937.
6. For cl.(e), applicable to certain areas in the U.P., see U.P. Act 2 of 1944.
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Battalion) Act, 1920 (Ben. 2 of 1920); (2) the Punjab Frontier Police-officers, see the
Punjab Frontier Police-officers 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).
2. Subs. by the A.O. 1937, for "so appointed". 18132 223
3. Subs, by Act 8 of 1895, s. 3, for the original second paragraph. 224
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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 policedistrict, 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, Depute Inspector- General, or Assistant InspectorGeneral, 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.
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 InspectorGeneral 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
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.
[16. Recovery of moneys payable under sections 13, 14, 15 and 15A,
whom and in the proportions in which the same are payable under that
section.]
---------------------------------------------------------------------1. Subs. by Act 8 of 1895, s. 6, for the original section.
2. See now ss, 421 and 422 of the Code of Criminal Procedure, 1973(Act 2 of 1974).
3. Sub-section (2) omitted by the A. O. 1937. See however, Para 4 of the India and
Burma (Transitory Provisions) Order, 1937.
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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
officers Regulation, 1893 (7 of 1893).
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---------------------------------------------------------------------------------------------------1 *. The words "and to person up to final judgment" rep. by Act 10 of 1882, s. 2 and Sch.
I (b).
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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 2*[at the disposal of the State Government].]
-----------------------------------------------------------1. Subs. by Act 8 of 1895, s. 8, for the original section.
2. Subs. by the A. O. 1937, for "at the disposal of Govt."
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(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. Subs. by s. 10, ibid., for the original section.
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31. Police to keep order on 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
1
*[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.
----------------------------------------------------1. Subs. by s. 12, ibid, for "two".
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-------------------------------------------------------1. Subs. by Act 8 of 1895, s. 14, for the original ss. 37 to 40.
2. See now ss. 421 to 424 of the Code of Criminal Procedure 1973 (Act 2 of 1974.
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43. Plea that act was done under warrant.--When any action or
prosecution shall be brought or any proceedings held against any policeofficer for any act done by him in such capacity, it shall be lawful 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, not
withstanding any defect of jurisdiction in such Magistrate. No proof of the
signature of such Magistrate shall be necessary, unless the Court shall see
*[46. Scope of Act.--(1) This Act shall not by its own operation take effect
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 soveriegnty 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 May 1861, 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)
Madrass: 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. I, p. 198. (3) the North and South Lushai Hills and
the tract known as Rutton Puiya's villages including Devnagri (now known as the Lushai
Hills) see Gazette of India, 1898, Pt. I, p. 370. 3. Subs. by the A. O. 1937, for "G. G. in
C.".
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Schedule
FORM
(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. 233 FORM (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.