THE POLICE ACT,
1861
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[Repealed.]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.
9.
Police-officers not to resign without leave or two months’
notice.
10. Police-officer 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 [Repealed.]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 railway
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.
18.
Powers of special police officers.
19. Refuse to serve as special police officers.
20. Authority to be exercised by 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.
24. Police-officers may lay information, etc;
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.
30A. Powers with regard to assemblies and processions violating
conditions of licence.
31. Police to keep order on 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.
35. Jurisdiction.
36. Power to prosecute under other law not affected.
37. Recovery of penalties and fines imposed by
Magistrates
38.
[Repealed.]
39.
[Repealed.]
40. [Repealed.]
41. [Repealed.]
43. Plea that acts was done under
warrant.
44. Police-officers to keep diary.
45. State Government may prescribe from of
returns.
46. Scope of act.
47. Authority of District Superintendent of Police over village
police.
1THE POLICE ACT,
1861
(5 of
1861)
[22nd March
1861]
An Act for the
Regulation of Police
1. Short title given by
the Indian Short Titles Act, 1897 (14 of 1897).
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 meanings assigned to
there, 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;
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 any1
presidency, State or place or any part of any presidency, State or place in
which this Act shall be ordered to take effect;
2[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 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 movable property, money or valuable security;
3*
*
*
*
The word “person” shall
include a company or corporation;
The word “month” shall mean
a calendar month;
4The word “cattle” shall, besides horned
cattle, include elephants, camels, horses, asses, mules, sheep, goats and
swine.
5[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.]
1. Under sec.
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.
1, p.1105.
2. Ins.
by Act No. 8 of 1895, sec. 1.
3. The
definitions relating to “number” and “gender” rep, by Act No. 10 of 1914, sec. 3
and sch. II
4. Cf.
definition of “cattle” in sec. 3 of the Cattle-trespass Act, 1871 (1 of
1871).
5. Ins.
by the A.0. 1937.
12. Constitution of
the force. --The entire
police-establishment under la State Government shall, for the purposes of this
Act, be deemed to be one 2police-force and shall be
formally enrolled; and shall consist of such number of officers and men, and
shall be constituted in such manner, 3*** as shall from time to
time be ordered by the State Government.
4***
5[Subject to the provisions
of this Act, the pay and all other conditions of service of members of
the.sub6rdinate ranks of any police-force shall be such as may be determined by
the State Government.]
1. Section. 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. No. 7
of 1869).
2. See
note to sec. 8, infra, as to enrolment of the police force in certain
places.
3. The
words “and the members of such force shall receive such pay” omitted by the A.0.
1937.
4.
Certain words omitted by the A.0. 1937.
5. Ins.
by A.0. 1937.
3.
Superintendence in the State Government. --- The superintendence of the
police throughout a general police-district shall vest in and 1*** shall be exercised by
the 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 State Government to 2*** supersede or control any
police functionary.
1. Certain
words omitted by the A.0. 1937.
2. The
word “appoint” omitted by the A.0. 1937.
4.
Inspector-General of Police, etc.--- 1The administration of the
police through out 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 the State Government
shall deem 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 State Government shall consider
necessary.
2*
*
*
*
1. In the town
and suburbs of Calcutta, the administration of the police vests in the
“Commissioner of Police”, see sec. 3 of the Calcutta Police Act, 1866 (Ben. No.
4 of 1866). ss
2. Certain
words omitted by the A.0. 1937.
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, be imposed by the State Government.
6. Magisterial
powers of police officers.-
[Rep. by the Code of Criminal
procedure, 1882 (10 of 1882), sec. 2 and Sch. 1 (b)].
7.
Appointment, dismissal, etc. of inferior officers. --- 1[2[Subject to the provisions of
article 311 of the Constitution, and to such rules] as the 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 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; 3[or may award any one of the
following punishments to any police-officer 4[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 of 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]5
1. Subs.
by the A.0. 1937, for certain words.
2. Subs.
by the A.0. 1950 (as amended by C.O. 29), for “subject to such
rules”.
3. Subs.
by Act No. 8 of 1895, sec. 2 for certain words.
4. Ins.
by the A.0. 1937.
5. For
cl: (e), applicable to certain areas in the U.P., see U.P. Act No. 2 of
1944.
8. Certificates to police
officers. -1Every police-officer
2[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 per-son holding such certificate shall be vested
with the powers, functions, and privileges of a police
officer.
Surrender of
Certificate. –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.]
1.
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. No. 2 of
1920);
(2) The Punjab
Frontier Police-officers, seethe Punjab Frontier Police-officers Regulation,
1893 (7 of 1893);
(3) The
Calcutta and Suburban Police see the Calcutta Police Act, 1866 (Ben. No. 4 of 1866) and the Calcutta Suburban
Police Act, 1866 (Ben. No. 2 of
1866);
(4) The Police
establishment in municipal areas in the U.P., see the U.P. Municipalities Act,
1916 (U.P. No. 2 of 1916);
(5) The Police
establishment in municipal areas in the Punjab, see the Punjab Municipal Act,
1911(Pun. No. 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 Chhotta Nagpur see the Chotta Nagpur Rural Police Act, 1914 (B. &
0. No. 1 of 1914);
(8) The U.P.
Special Armed Constabulary, see the U.P. Special Armed Constabulary Act, 1942
(U.P. No. 5 of 1942);
(9) The Delhi
Special Police Establishment, see the Delhi Special Police Establishment Act,
1946 (25 of 1946);
(10) Delhi Police, see Delhi
Police Act, 1978 (134 of 1978).
2. Subs.
by the A.0. 1937 for “so appointed”.
3. Subs.
by Act No. 8 of 1895, sec. 3, for the original second
paragraph.
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 authorized 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 an 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), sec. I and
Sch. Pt. I].
12. Power of
Inspector-General to make rules. -The
Inspector-General o Police
may, from time to time, subject to the approval of the 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 formed by them; their inspection, the description
of arms, accoutrement and other necessaries to be furnished to them; the
collecting an communicating by them of intelligence and information, and all
such other orders an 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
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 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.
14. Appointment of
additional force n the neighbourbood 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 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 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.
1 [15.
Quartering of additional police in disturbed or dangerous
districts.
–
(1) It shall be
lawful for the State Government, by proclamation to be notified in the Official
Gazette, and in such other manner as the 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 State Government in this behalf, with the sanction of the
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 as aforesaid,
liable to bear the same apportion such cost among the inhabitants who are such
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 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 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.]
1. Subs. by
Act No. 8 of 1895, sec. 4, for the original section.
1[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
shorter period as may be prescribed, an application for compensation to the
Magistrate of the district or of the subdivision 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 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, had 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 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
subsection (2) shall be subject to revision by the Commissioner of the Division
or the 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].
1. Ins. by Act
No. 8 of 1895, sec. 5.
1[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 recoverable by the
Magistrate of the district in the manner provided by sections 386 and 387 of the
Code of Criminal Procedure, 18822 (10 of 1882) for the
recovery of fines, or by suit in any competent Court.
3 *
*
*
*
*
*
(3) All moneys paid
or recovered under section 15Ashall 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.]
1. Subs.
by sec. 6 Act 8 of 1895 for the original section.
2. See
now sections 421 and 422 of the Code of Criminal Procedure, 1973 (2 of
1974).
3. Sub-section (2) omitted
bytheA.0. 1937.See, however, Para 4of the Indian and Burma (Transitory
Provisions Order, 1937).
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 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-officer 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 sees cause
to the contrary, comply with the application.
18. Powers of special
police officers. -Every
special
police-officer so appointed, shall have 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 as 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.
120. 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.
1. For some
cases in which the application of sec. 20 has been restricted, see the Assam
Police-officers Regulation, 1883 (2 of 1883), and sec. 2 of the Punjab Frontier
Police-Officers Regulation, 1893 (7 of 1893).
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 1Act
XX of 1856 (to make better provision for the appointment and maintenance
of police-chaukidars in Cities, Towns, Stations, Suburbs, and Bazaars 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.
1. The Bengal
Chaukidari Act, 1856.
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-office 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 authorised 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.
24. Police-officer may lay
information, etc.-It shall be lawful for any
police officer to lay any information before a Magistrate and to apply for a
summon, warrant, search-warrant or such other legal process as may, by law, be
issued against any person committing an Offence. 1* *
*
1. The
words “and to prosecute such person up to final judgement” rep. by Act No. 10 of
1882, sec. 2 and Sch. I (b).
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 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.
1[(2) The provisions of section 525 of
the 2Code of Criminal Procedure,
1882 (10 of 1882) shall be applicable to property referred to in this
section].
1. Ins.
by Act 8 of 1895, sec.7.
2. See
now the Code of Criminal Procedure, 1973 (Act 2 of 1974), sec.
459.
1[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
2[at the disposal of the
State Government].
1. Subs.
by Act No. 8 of 1895, sec.8, for the original section.
2. Subs. by
the A. O. 1937, for “at the disposal of 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, accountrements, 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 willful breach or neglect of any
rule or regulation of lawful order made by competent authority, or who shall
withdraw from the duties of his office without permission, or without having
given previous notice for the period of two month, 1[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.
1. Ins. by Act
No. 8 of 1895, sec.9.
1[30. Regulation of public assemblies and
processions and licensing of the same: -
(1) The District
Superintendent or Assistant District Superintendent of Police may, as occasion
required, 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 of special notice, that the
person 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 ‘licence, 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 streets on the occasion of festivals and
ceremonies.]
1. Subs. by
Act No. 8 of 1895, sec. 10, for the original section.
1[30A.Powers with regard to assemblies and processions
violating conditions of licence. –
(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].
1. Ins. by Act
No. 8 of 1895, sec. 11.
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 obstruction 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 licence 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
Act No. 8 of 1895, sec. 12, for “two”.
33. Saving of control of
Magistrate of district.
-Nothing
in the last
1[four] preceding sections
shall be deemed to interfere with the general control of the Magistrate of the
district over the matters referred to therein.
1. Subs. by
Act No. 8 of 1895 sec. 12, for “three”.
34. Punishment for
certain offences on roads, etc. -Powers of
police officers. - Any person who,
on any road or in any 1[open place or] street or
thoroughfare within the limits of any town to which this section shall be
specially extended by the State Government, commits any of
the Following offences, to the obstruction inconvenience, annoyance, risk, danger
of damage of the 2[residents or passengers]
shall, on conviction before A Magistrate, be liable to a fine not exceeding
fifty
rupees, or to imprisonment 3[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 animal-. 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, dung-heap 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
willfully 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 the
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.
1. Ins.
by sec. 13, Act No. 8 of 1985.
2. Subs.
by sec.13, Act No. 8 of 1985 for “residents and
passengers”.
3. Ins. by Act No. I of
1903, sec.3 and sch. II.
35. Jurisdiction
1***. -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 2Magistrate.
1.
Certain words rep. by Act No. 10 of 1982, sec. 2 and sch. I
(b).
2. I.e.,
by a Magistrate of the first class, see, sec.3 (I) of the Code of Criminal
Procedure, 1973 (2 of 1974)
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.
1[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 inclusive, of the Code of 2 Criminal Procedure, 1882
(10 of 1882) with respect to fines, shall apply to penalties, and fines imposed
under this Act on conviction before a 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.]
1. Subs.
by Act No. 8 of 1895, sec. 14, for the original sections 37 to
40.
2. See
now sections 421 to 424 of the Code of Criminal Procedure, 1973 (2 of
1974).
38. Procedure until return
is made to warrant of distress. -[Repealed by the Police Act
(1861) Amendment Act, 1895 (8 of 1895), sec. 14].
39. Imprisonment of
distress not sufficient. –[Repealed by the Police Act
(1861) Amendment Act, 1895 (8 of 1895), sec 14].
40. Levy of fines from
European British Subjects.
- [Repealed
by the Police Act, 1895 Amendment Act, 1895 (8 of 1895), sec.
14].
41. Rewards to police
and informers payable to General Police Fund. - [Repealed by the A.0.
19371]
1. See,
however, paragraph 4 of the India and Burma (Transitory Provisions) order, 1937,
section 41 read as follow: -All sums paid for the service of process by
police-officers, and all rewards, forfeiture and penalties or shares of rewards,
forfeiture and penalties which by law are payable to informer s shall when the
information is laid by a police-officer, be paid into the general police fund.’
142. 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 and of the cause thereof shall 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 or
amends. -No plaintiff shall
recover in any such action, if tender of sufficient amends 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.
1. So much of
section 42 (the portion printed in italics) as relates to the limitation of
suits rep. by Act No. 9 of 1871, sec.2 and sch. I.
43. Plea that act was done
under warrant. -When any action of
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.
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
as shall, from time to time, be prescribed by the 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 State Government may
direct the submission of such returns by the Inspector-General and other police
officers as to such State Government shall
seem proper, and may prescribe the form in which such returns shall be
made.
1[46.
Scope of Act. –
(1) This Act shall
not, by its own operation, take effect in any2
presidency, State or place.
But the 3[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, State of place, and the whole or such portion of this Act, as
shall be specified in such order shall, thereupon, take effect in such
presidency, State or place.
(2) When the whole or
any part of this Act shall have been so extended, the 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 a15A 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 inquiries, if necessary) which are to be taken consequent thereon;
and
(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 State
Government.
1. Subs.
by Act No. 8 of 1895, sec. 15, for the original
section.
2. 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
(Bombay No. 7 of 1867). In the
lower Provinces of Bengal, Bengal Act No. 7 of 1869 is to be read and taken as
part of Act No. 5 of 1861, see sec. 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 27districts in the U.P., in Hamirpur, Jalaun,
Jhansi, Lalitpur, Nainital (including the Tarai Parganas) and Almora and
Garhwal, issued under the original sec. 46, paragraph 2 (after the Act had been
extended under paragraph 1 of that section to the whole Province), are kept in
force by sec. 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,
Nimar;
(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 follow to:-
(1) Madras;
sec.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.Oct.,1895, Gazette of India, 1895, Pt.I,
p.876;
(2) Eastern
Doars 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
Demagri (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.”
47. Authority of District
Superintendent of Police over village police. -It
shall be
lawful for the State Government in
carrying this Act into effect in any part of the territories subject
to such State Government, to declare that any authority which now is or maybe
exercised by the Magistrate of the district over any village-watchmen 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.
(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.