86540
Lawyers Network
103860
Users
630
Cities Serving
114
Law Schools Network
59824
THE POLICE ACT, 1861
______
ARRANGEMENT OF SECTIONS
_______
PREAMBLE
SECTIONS
15A. Awarding compensation to sufferers from misconduct of inhabitants or persons interested in land.
1
SECTIONS
30A. Powers with regard to assemblies and processions violating conditions of license.
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.
2
SECTIONS
FORM
3
THE POLICE ACT, 18611
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: —
the words “Magistrate of the district” shall mean the chief officer charged with the executive administration of a district and exercising the powers of a Magistrate, by whatever designation the chief officer charged with such executive administration is styled:
the 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.
4
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 any1 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:
6the 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.]
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.]
As to Delhi State, see Gazette of India, 1912, Pt. I, p. 1105.
5
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* * * * *
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.]
1882), s. 2 and Schedule I (b).
(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
(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
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.]
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.
7
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.]
8
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, 18823 (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.]
9
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.
Police-chaukidars in the Presidency of Fort William.—If any police-officer appointed under 2Act 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.
10
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* * *.
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.
2[(2) The provisions of section 525 of the 3Code 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[the disposal of the 6[State] Government].]
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
11
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.]
specially extended by the 5 [State Government], commits any of the following offences, to the
12
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;
Power of police-officers.— 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.
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
13
inclusive, of the 1Code 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.]
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.
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.
14
The Magistrate of the district shall be at liberty to call for and inspect such diary.
2[46. Scope of Act.—(1) This Act shall not by its own operation take effect in any 3presidency, 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
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—
[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,
86540
103860
630
114
59824