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POLICE ACT, 1861
5 of 1861
22nd March, 1861
An Act for the Regulation of Police. Preamble.- WHEREAS it is expedient to reorganise the police and to make it a more efficient instrument for the prevention and detection of crime; It is enacted as follows :-
Section 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 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 powers 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 Presidency, State, or place, or any part of any Presidency. State or place, in which this Act shall be ordered to take effect: 1[a] Inserted by the Police Act (1861) Amendment Act, 1895 (8 of 1895). Section 1. [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 2[b] Substituted for the words 'Provincial Government' by A.L.O., 1950, [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; 3[c] The definitions relating to 'number' and 'gender' were omitted by the Repealing and Amending Act, 1914 (10 of 1914), Section 3 and Schedule II. [* * * * * * ] the word "person" shall include a company or corporation; the word "month" shall mean a calendar month; the word "cattle" shall, besides horned cattle, include elephants, camels, horses, asses, mules, sheep, goats and swine. 4[d] Inserted by A.O., 1937 (1-4-1937). [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.]
Section 2 Constitution of the force
1[a] Section 2. so far as it is related to the provinces under the administration of the Lieutenant Governor of Bengal, was repeated by Bengal Police Act, 1869 (Ben. Act 7 of 1869). The entire police establishment under a 2[b] Substituted for the words 'Provincial Government', by A.L.O,.1950. [State Government] shall, for the purposes of this Act. be deemed to be one police force, and shall be formally enrolled; and shall, consist of such number of officers and men, and shall be constituted in such manner, 3[d] The words 'and the members of such force shall receive such pay' were omitted by A.O., 1937 (1-4-1937). [* * * ] as shall from time to time be ordered by the 4[b] Substituted for the words 'Provincial Government', by A.L.O,.1950. [State Government] 5[e] The words 'subject in the case of officers of the Indian Police of and above the rank of Assistant Superintendent to the control of the Governor-General of India in Council, as amended by Act 38 of 1920, Section 2 and Schedule I, were omitted, A.O., 1937. [* * * *]. 6[f] Inserted, Act 38 of 1920, Section 2 and Schedule I. [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 7[b] Substituted for the words 'Provincial Government', by A.L.O,.1950. [State Government]
Section 2A Power of State Government to make rules
(1) Subject to the provisions of this Act. the State Government may make rules relating to recruitment, conditions of service, disciplinary proceedings and punishments in respect of members of the subordinate ranks of the police force.
(2) Any rules, orders or regulations made before the commencement of the Police (West Bengal Amendment) Act, 1963, by any authority in respect of the aforesaid mailers shall in so far as they are not inconsistent with the provisions of this Act, be deemed to have been validly made and shall continue in force until other provisions are made in this behalf."- W.B. Act 38 of 1963, S..3.
Section 3 Superintendence in the State Government
The superintendence of the police throughout a general police-district shall vest in and 1[a] The words 'subject in the case of officers of the Indian Police of and above the rank of Assistant Superintendent to the control of the Governor-General of India in Council, as amended by Act 38 of 1920, were omitted by A.O.. 1937 (1-4-1937). [* * *] shall be exercised by the 2[b] Substituted for the words 'Provincial Government' by A.L.O., 1950. [State Government] to which such district is subordinate; and except as authorized under the provisions of this Act,no person, officer, or Court shall be empowered by the 3[b] Substituted for the words 'Provincial Government' by A.L.O., 1950. [State Government] to 4[c] The word "appoint" omitted by A.0., 1937. [* * *] supersede, or control any police funetionary.
Section 4 Inspector-General of Police, etc
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 Deputy Inspectors-General and Assistant Inspectors-General as to the 1[a] Substituted for the words 'Provincial Government', by A.L.O.. 1950. [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 2[a] Substituted for the words 'Provincial Government', by A.L.O.. 1950. [State Government] shall consider necessary. 3[b] The last sentence "The Inspector-General and other officers abovementioned shall from time to time be appointed by the Local Government, and may be removed by the same authority' was omitted by A.0., 1937 (1-4-1937), [* * * * *]
Section 4A Special and Additional Inspectors General of Police
(1) If at any lime, the State Government considers it necessary so to do, it may appoint one or more officers to be Special Inspectors-General of Police and may also appoint one or more officers to be additional Inspectors-General of Police, and each of the officers so appointed shall he subordinate to the Inspector-General of Police.
(2) The Special or, as the case may be, Additional Inspector-General of Police shall be competent to exercise all or any of the powers conferred on, and perform all or any of the functions or duties imposed upon, the Inspector-General of Police by or under this Act or any other law for the time being in force."-W. B. Act 5 of 1973, S. 3 (17-3-1973).
Section 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[a] Substituted for the words 'Provincial Government' by A.L.O., 1950. [State Government],
Section 6 Magisterial powers of police Officers
[Repealed by the Code of Criminal Procedure, 1882 (Act 10 of 1882), Section 2 and Schedule I (b).]
Section 7 Appointment, dismissal, etc., of inferior officers
1[a] Substituted for "The appointment of all police officers other than those mentioned in section 4 of this Act shall, under such rules as the Local Government shall from time to time sanction, rest with the Inspector-General, Deputy Inspectors-General, Assistant Inspector-General and District Superintendents of Police, who may, under such rules as aforesaid, at any time dismiss, suspend or reduce any police officer' by A.0., 1937 (1-4-1937). [ 2[b] Substituted for the words "Subject to such rules", by A.L.O., 1950 (26-1-1950). [Subject to the provisions of Article 311 of the Constitution and to such rules] as the 3[c] Substituted for the words 'Provincial Government' by A.L.O., 1950. [State Government] may from time to time make under this Act, the Inspector-General, Deputy Inspectors-General, Assistant Inspectors-General and District Superintendents of Police may at anytime 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; 4[d] Substituted for 'or fine any police officer to any amount not exceeding one month's pay 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, by the Police Act (1861) Amendment Act, 1895 (8 of 1895). S. 2. [or may award any one or more of the following punishments to any police officer 5[e] Inserted by A.O., 1937 (1-4-1937). [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.]
Section 7A Validity of appointment, dismissal and punishment of subordinate ranks of the police force in certain cases
Notwithstanding anything contained elsewhere in this Act or any rule, regulation or order made thereunder, all appointments made by the Inspector-General or any other authority subordinate to him, all orders ol dismissal or removal from office passed by any such authority, not being an authority subordinate to the authority by which the respective appointments were made and all orders inflicting any other punishment passed by any other authority, before the commencement of the Police (West Bengal Amendment) Act, 1963, in respect of the subordinate ranks of the police force shall be deemed to be. and to have always been, validly passed."-West Bengal Act 38 of 1963, S. 4.
Section 8 Certificates to police officers
1[a] As to enrolment, maintenance employed in- (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, 1981 (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 Officers Regulation, 1893 (7 of 1893); (3) the Calcutta and Suburban Police, see the Calcutta Police Act, 1866 (Ben. IV of 1866) and the Calcutta Suburban. Police Act, 1866 (Ben. 2 of 1866); (4) the Police establishment in municipal area 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 (Punj. 3 of 1911); (6) the Rural Police in the Santhal Parganas, see the Santhal Parganas Rural Police Regulation, 1910 (4 of 1910); (7) the Rural Police in Chota Nagpur, see the Chota Nagpur Rural Police Act, 1914 (B. and 0.1 of 1914): (8) the U. P. Special Armed Constabulary, see the U. P. Special Armed Constabulary Act, 1948 (U. P. 40 of 1948); and (9) the Delhi Special Police Establishment, see the Delhi Special Police Establishment Act. 1946 (25 of 1946); (10) the Armed Central Reserve Police Force, see Central Reserve Police Force Act, 1949 (66 of 1949); (11) the Armed Force of the Union for ensuring the security of our borders, see the Border Security Force Act, 1968 (47 of 1968); (12) the Central Industrial Security Force for the better protection and security of certain industrial undertakings, see the Central Industrial Security Force Act, 1968 (1 of 1968); and (13) the force for better protection and security of railway property, see the Railway Protection Force Act, 1957 (23 of 1959). [Every police officer 2[b] Substituted for the words 'so appointed' by A.0., 1937. [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.- 3[c] Substituted for the original second paragraph by the Police Act (1861) Amendment Act, 1895 (8 of 1895) Section 3. [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.]
Section 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 regisn 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.
Section 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.
Section 11 Police superannuation fund
[Repealed by the Repealing Act, 1874 (16 of 1874), S. 1 and Sch., Pt. 1.]
Section 12 Power of Inspector-General to make rules
The Inspector-Genera] of Police may, "" from time to time, subject to the approval of the 1[a] Substituted for the words 'Provincial Government' by A.L.O., 1950. [State Government], frame such orders and rules as he shall deem expedient relative to the organisation, 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, accountrements 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 or preventing abuse or neglect of duty, and for rendering such force efficient in the discharge of its duties.
Section 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 polie-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.
Section 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 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 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.
Section 15 Quartering of additional police in disturbed or dangerous districts
1[a] Substituted for the original section by the Police Act (1861) Amendment Act, 1895 (8 of 1895), Section 4. [
(1) It shall be lawful for the 2[b] Substituted for the words 'Provincial Government', by A.L.O., 1950. [State Government], by proclamation to be notified in the Official Gazette, and in such other manner as the 3[b] Substituted for the words 'Provincial Government', by A.L.O., 1950. [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 authorized by the 1 State Government] in this behalf, with the sanction of the 4[b] Substituted for the words 'Provincial Government', by A.L.O., 1950. [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 judgment of the respective means within such area of such inhabitants.
(5) It shall be lawful for the 5[b] Substituted for the words 'Provincial Government', by A.L.O., 1950. [State Government] by order to exempt any persons or class or section of sue 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 further period or periods as the 6[b] Substituted for the words 'Provincial Government', by A.L.O., 1950. [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 immovable 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] :
Section 15A Awarding compensation to sufferers from misconduct of inhabitants or persons interested in land
1[a] Inserted by the Police Act (1861) Amendment Act, 1895 (8 of 1895), S. 5. [
(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 such area is situated.
(2) It shall thereupon be lawful for the Magistrate of the district, with the sanction of the 2[b] Substituted lor the words "Provincial Government" by A.L.0., 1950. [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.
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