#THE MADRAS DISTRICT POLICE ACT, 1859
_______

##ARRANGEMENT OF SECTIONS 
________ 

###SECTIONS 

1.  Interpretation. 
2.  Laws repealed. 
3.  Jurisdiction of Officers appointed under Regulation XI, 1816. 
4.  Superintendence vested in Governor in Council. 
5.  Inspector-General of Police, &c. 
6.  Powers of Police, &c. 
7.  Inspector-General to be appointed a Justice of the Peace. To have the powers of a Magistrate but 
to exercise such powers under the orders of Government. District Superintendent may be 
appointed a Magistrate. In what cases he may act in that capacity.
8.  Constitution of the Force. 
9.  Inspector-General to control Force and make rules. 
10.  Appointment and dismissal of Police Officers. 
11.  Police Officers to receive certificates of Office. 
12.  Police Superannuation Fund. 
13.  Additional Police Officers employed at the cost of Individuals. 
14.  Appointment of additional Force in the neighbourhood of Railway and other works. 
15.  Payment of money for support of additional Police Force. 
16.  Special Police Officers. 
17.  Powers of special Police Officers. 
18.  Refusal to serve. 
19.  Police Officers not to resign without leave or two months’ notice. 
20.  Unlawful assumption of Police functions, personation of Police, &c. 
21.  Duties of Police Officers. 
22.  Police Officer may arrest without warrant. 
23.  Persons arrested without warrant to be taken to Station House until brought before Magistrate or 
bailed.
24.  Release on bail. 
25.  Superior Officer of Police may take recognizance for appearance of prosecutor or witness. 
26.  Condition of recognizance. 
27.  Remands. 
28.  Entering drinking shops, &c. without a warrant. 
29.  Inspection of weights and measures. 
30.  Police Officer not to receive complaints of petty offences. 
31.  Police Officers may lay informations, &c.  
32.  All warrants &c. to be executed by Officers of the Police Force. 
33.  Warrant to be endorsed. 
34.  Service of summonses, &c.  
35.  Warrant without summons. 
36.  Notification of substance of warrant. 
37.  Warrant how to be executed.
38.  No unnecessary restraint. 
39.  Breaking of outer door of window. 
40.  Breaking open Zenanah or female apartment. 
41.  Party arrested to be brought immediately to the authority mentioned in the warrant. 
42.  No threat or promise, to compel disclosure by party arrested. 
43.  Police Officer may require assistance. Penalty for refusal to assist. 
44.  Penalties for neglect of duty &c.  
45.  Penalty for receiving unauthorized fees, &c. 
46.  Penalty for extortion, &c. 
47.  Penalty for obstructing a Police Officer in the execution of his duty. 
48.  Certain duties of Police Officers within the limits of Towns. Obstructions and nuisances in roads. 
49.  Regulation of public processions, &c., and of carriages and persons at places of public resort. 
Licenses for use of music in streets.
50.  Jurisdiction. 
51.  Liability to prosecution for higher penalties not affected. 
52.  Levy of fines. 
53.  Limitation of action. 
54.  Plea that act was done under a warrant. 
55.  Operation of Act. 

SHEDULE.
 
 
 
#THE MADRAS DISTRICT POLICE ACT, 1859 

##ACT NO. XXIV OF 1859 

###PASSED BY THE LEGISLATIVE COUNCIL OF INDIA 

*(Received the assent of the Governor General on the 6th September 1859.)*

*An  Act  for  the  better  regulation  of  the  Police  within  the  Territories  subject  to  the  Presidency  of  Fort           
St. George.*

**Preamble.**—WHEREAS it is expedient to make the Police Force throughout the Madras Presidency a 
more efficient instrument at the disposal of the Magistrate for the prevention and detection of crime, and 
to  re-organize  the  Police  Force  and  improve  the  condition  of  the  Village  Police:  it  is  enacted  as                 
follows: —

**I. Interpretation.**—The following words and expressions in this Act shall have the meanings hereby 
assigned to them, unless there be something in the subject or context repugnant to such construction (that 
is to say), 

**“Magistrate.”**  —  The  word  "Magistrate"  shall  include  all  persons,  within  their  respective 
jurisdictions, exercising all or any of the powers of a Magistrate; 

**“Subordinate.”**—The  word  “Subordinate,”  as  applied  to  Police  functionaries,  shall  mean 
District Superintendents and their Assistants. 

**“Police.”**—The  word  “Police”  shall  include  General  and  Village  Police,  Cuttoobadies, 
Kavilgars,  and  all  other  persons,  by  whatever  name  known,  who  exercise  any  Police  functions 
throughout the Madras Presidency.  

**“General Police District.”** - The expression "General Police District" shall embrace all districts 
to which the operation of this Act shall be extended;

**“Property.”** -  The  word  "property"  shall  include  any  movable  property,  money  or  valuable 
security;

**Number.**—Words  importing  the  singular  mumber  shall  include  the  plural  number,  and  words 
importing the plural number shall include the singular number. 

**Gender.**—Words importing the masculine gender shall include females. 

**“Person.”**—The word “person” shall include company or corporation. 

**“Month.”**—The word “month” shall mean calendar month. 

**“Cattle.”**—  The  word  "cattle"  shall,  besides  horned  cattle,  include  elephants,  camels,  horses, 
asses, mules, sheep, goats and swine. 

**II. Laws repealed.**—The several Regulations and Acts mentioned in the Schedule hereunto annexed 
are hereby repealed and amended to the extent and in the manner therein set forth, within the limits of the 
General Police District; except so far as they repeal the whole or any part of any other Regulation or Act, 
and except as to any act or offence which shall have been done or committed, or to any fine or penalty 
which shall have been incurred or to any proceedings which shall have been commenced, before this Act 
shall come into operation : Proviso. Provided also that nothing in this Section shall be construed to affect 
any judicial function or jurisdiction original or appellate, which by any existing law may be exercised by 
any of the Officers mentioned in the enactments above repealed. 

**III. Jurisdiction of Officers appointed under Regulation XI. 1816.**—Nothing contained in this Act 
shall affect the powers of appointment given to Magistrates by Section XL of Regulation XI. 1816 of the 
Madras Code or the jurisdiction or functions of Officers appointed under such powers, save only that no 
Officer  so  appointed  shall  be  competent  to  exercise  any  of  the  functions  or  duties  of  Executive  Police 
Officers. 
 
**IV.  Superintendence  vested  in  the Governor  in  Council.**—The  superintendence  of  the  police 
throughout  the  General  Police  District  shall  vest  in,  and  be  exercised  by  the  Governor  in  council,  and, 
except  as  authorized  by  him under  the  provisions  of  this  Act,  no  person,  Officer,  or  Court  shall  be 
empowered to  appoint, supersede, or control any Police functionary, any Regulation Act or usage to the 
contrary notwithstanding.

**V. Inspector-General  of  Police,  &c.**—The  administration  of  the  Police  throughout  the  General 
Police District shall be vested in an Officer to be styled the Inspector-General of Police for the Presidency 
of Madras, and in such Subordinates as to the Governor in Council shall seem fit, who shall from time to 
time be appointed by the Governor in Council, and may be removed by the same authority, and who shall 
receive such salary as the Governor General of India in Council shall allow. 

**VI. Powers of Police, etc.** — All powers not inconsistent with the provisions of this Act which up to 
the  passing  of  this  Act  belonged  by  law  to  the  existing  police  authorities  shall  be  vested  in  the  Police 
authorities appointed under this Act: Provided that always that no police functionary so appointed shall 
possess or exercise any judicial or revenue authority. 

**VII.  Inspector-General  to  be  appointed  a  Justice  of  the  Peace.  To  have  the  powers  of  a 
Magistrate  but  to exercise  such  powers  under  the orders  of  Government.  District  Superintendent 
may be appointed a Magistrate. In what cases he may act in that capacity.**—The Inspector-General 
of  Police  shall  be  appointed  a  Justice  of  the  Peace;  he  shall  also  have  the  full  powers  of  a  Magistrate 
throughout the General Police District, but shall exercise these powers subject to such orders as may from 
time  to  time  be  issued  by  the  Governor  in  Council.  The  Governor  in  Council  may  vest  any  District 
Superintendent of Police with all or any of the powers of a Magistrate within such limits as he may deem 
proper; but such Superintendent shall exercise the powers with which he shall be so invested only so far 
as may be necessary for the peace, the prevention of crime, and the detection, apprehension, and detention 
of offenders in order to their being brought before a Magistrate, and as far as may be necessary for the 
performance of the duties assigned to him by this Act. 

**VIII. Constitution of the Force.**—The entire Police establishment of the Madras Presidency 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 otherwise constituted in such  manner, as shall 
be from time to time ordered by the Governor in Council with the sanction of the Governor General of 
India in Council.

**IX. Inspector- General to control Force and make rules.**—The Inspector-General may from time 
to time, subject to the approval of the Governor in Council, frame such orders and regulations as he shall 
deem expedient, relative to the general government and distribution of the Force, the places of residence, 
the classification, rank, and particular service of the members thereof; their inspection ; the description of 
arms, accoutrements, and other necessaries to be furnished to them ; to the collecting and communicating 
intelligence and information ; and all such other orders and regulations relative to the said Police Force as 
the said Inspector-General shall, from time to time, deem expedient for preventing abuse or neglect, and 
for rendering such Force efficient in the Discharge of all its duties. 

**X. Appointment and dismissal of Police Officers.**—The  appointment  of  all  Police  Officers  shall, 
under  such rules  as  the  Governor in  Council  shall  from  time  to  time  sanctions, rest  with  the  Inspector-
General  of  Police  and  the Deputy  Superintendents,  who  may  under  such  rules  as  aforesaid  at  any  time 
dismiss, suspend, or fine to any amount not exceeding one month’s pay, any Police Officer whom they 
shall think remiss or negligent in the discharge of his duty, or otherwise unfit for the same. 

**XI. Police Officers to receive certificates of Office.**—Every person so appointed shall receive on his 
enrolment a certificate (A) under the seal of the Inspector-General, by virtue of which he shall be vested 
with the powers, functions, and privileges of the Police Officer. Such certificate shall cease to have effect 
whenever the person named in it is suspended or dismissed, or otherwise removed from employment in 
the Police Force, and shall thereupon be immediately surrendered to his superior Officer, or other person 
empowered to receive it.

**XII. Police Superannuation Fund.**—There shall be deducted from the pay of every Police Officer of 
a class not entitled to the benefit of the Uncovenanted Service Pension Rules, a sum after such rate as the 
Governor  in  Council  shall  direct,  not  being  a  greater  rate  than  one  anna  in  the  Rupee;  which  sum  so 
deducted  and  also the  monies  accruing  from  stoppages  from  the  pay  of  Police  Officers  during  absence 
from  sickness  or  other  cause,  and  fines  imposed  on  Police  Officers  for  misconduct,  and  from  fines 
imposed  by  Magistrates  and  other  upon  drunken  persons,  or  for  assaults  upon  Police  Officers,  and  all 
monies  arising  from  the  sale  of  worn  or  cast-off  clothing,  or  other  articles  supplied  for  the  use  of  the 
Police,  or  from  any  other  miscellaneous  sources  which  shall  be  permitted  by  the  Governor  in  Council, 
shall from time to time be invested in such manner and in such securities as the Governor in Council may 
direct,  and  the  interest  and  dividends  thereof,  or  so  much  of  the  same  as  shall  not  be  required  for  the 
purposes herein mentioned, shall be likewise in vested as aforesaid, and accumulate, so as to form a Fund 
to be called “The Police Superannuation Fund”; and shall be applied from time to time to the payment of 
superannuation  or  retiring  allowances,  or  gratuities,  under  such  rules  as  may  be  passed  by  the  said 
Governor  in  Council  :  **Proviso.**-provided  always  that  any  Police  Officer  may  be  dismissed  or  removed 
without superannuation allowance; and that no Police Officer shall be entitled or right to any allowance 
from this Fund; or shall retain any right to a refund of any deduction made from him pay while he may 
have been a Police Officer. 

**XIII.  Additional Police Officers  employed  at  the  cost  of individuals.**—It  shall  be lawful  for  the 
Inspector-General of Police, or any District Superintendent, if they shall think fit, 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, at the charge of the person making the application, 
but subject to the orders of the said Inspector-General or District Superintendent and for such time as they 
shall think fit; provided alays 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  or  District 
Superintendent,  to  require  that  the  Officers  so  appointed  shall  be  discontinued:  such  person  shall  be 
relieved from the charge of such additional force from the expiration of such notice. 

**XIV.  Appointment  of  additional  Force  in  the  neighbourhood  of  Railway  and  other  works.**—
Whenever any Railway, Canal, or other Public work shall be carried on, or be in operation in any part of 
the  country,  and  it  shall  appear  to  the  Inspector-General  that  the  Appointment  of  an  additional  Police 
Force in such neighbourhood is rendered necessary by the behaviour or reasonable apprehension of the 
behaviour of the persons employed upon such work, it shall be lawful for the Inspector-General, with the 
consent of the Governor in Council, to direct the employment of such additional Force, and to maintain 
the  same  so  long  as  such  necessity  shall  continue;  and  to  make  orders  from  time  to  time  upon  the 
Treasurer or other Officer having the control or custody of the Funds of any Company carrying on such 
works, for the payment of the extra Force so rendered necessary as aforesaid. 

**XV.  Payment  of  money  for  support  of  additional  Police  Force.**—All  monies  paid  in  respect  of 
such additional Force ad is mentioned in the two last preceding Sections, shall be paid into a fund to be 
called “The General Police Fund,” and shall be applied to the maintenance of the Police Force under such 
orders as the Governor in Council may pass; and all sums of money payable under those Sections shall be 
recoverable by suit in any competent Court or by distress and sale of the goods of the defaulter under the 
warrant of a Magistrate.

**XVI. Special Police Officers.**—When it shall appear that any tumult, riot, or outrage has taken place, 
or may be reasonably apprehended in any place, and that the ordinary Officers appointed for preserving of 
the inhabitants,  and  the  security  of  property  in  such place,  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 public or village 
servants, or residents of the neighbourhood, as such Police Officer may require to act as special Police 
Officers for such time and in such  manner as he shall deem necessary; and it shall be the duty of such 
Magistrate at once to comply with such applications. 

**XVII. Powers of special Police Officers.**—Every special Police Officer so appointed shall have the 
same powers, privileges, and protection, and be liable to all such duties and penalties, and be subordinate 
to the same authorities as the ordinary Officers of Police. 

**XVIII. Refusal to serve.**—If any person being appointed a special Police Officer as aforesaid, shall 
without sufficient excuse neglect or refuse to serve as such, or to obey such lawful order or direction as 
may be given him for the performance of his duties, he shall be liable upon conviction before a Magistrate 
to a fine not exceeding fifty Rupees for such neglect, refusal, or disobedience.

**XIX. Police Officers not to resign without leave or two months’ notice.**—No Police Officer shall 
be at liberty to resign his office, or withdraw himself from the duties thereof, unless expressly allowed to 
do so in writing by the District Superintendent; or unless he shall have given to his superior Officer two 
months’  notice  in  writing  of  his  intention  to  do  so.  Nor  shall  any  such  Police  Officer  engage  in  any 
employment or office whatever, other than his duties under this Act, unless expressly permitted to do so 
in writing under the seal of the Inspector-General.

**XX.  Unlawful  assumption  of  Police  functions,  personation  of  Police,  &c.**—Farm  and  after  the 
passing of this Act, every person, not being, or having ceased to be, a duly enrolled Police Officer, who 
shall  unlawfully  assume  any  function  or  power  belonging  to  the  Police;  and  who  shall  not  forthwith 
deliver  up  his  certificate,  and  all  the  clothing,  accoutrements,  and  appointments,  and  other  necessaries 
which may have been supplied to him for the execution of his duty; or who shall have in his possession 
any  distinctive  article  of  the  dress  or  appointment  directed to  be  worn  exclusively  by  the  Police  Force, 
without being able to account satisfactorily for his possession thereof; or who shall put on the dress of any  
Police Officer, or any dress designed to represent it, or to be taken for it; or who shall otherwise personate 
the character of act the part of any Police Officer for any purpose whatever; shall, in addition to any other 
punishment to which he may be liable for any offence committed under the assumed character,  be liable 
on conviction before a Magistrate to a penalty not exceeding two hundred  Rupees, or to imprisonment, 
with or without herd labor,  for a period not exceeding six months, or both. 

**XXI. Duties of Police Officers.**—Every Police Officer shall, for all purposes in this Act contained, 
be  considered  to  be  always  on  duty  and  shall  have  the  powers  of  a  Police  Officer  in  every  part  of  the 
General Police District. It shall be his duty to use his best endeavours and ability to prevent all crimes, 
offences, and public nuisances; to preserve the peace; to apprehend disorderly and suspicious character; to 
detect and bring offenders to justice; to collect and communicate intelligence affecting the public peace; 
and promptly to obey and execute all orders and warrants lawfully issued to him. 

**XXII. Police Officer may arrest without warrant.**—It shall be the duty of every Police Officer, and 
he is hereby authorized, to arrest without warrant— 

1. Person  charged  with or suspected  of  grave  crimes.—Any  person  who  is  charged  on  credible 
information, or whom he has reasonable ground to suspect of having been concerned in any grave or 
forcible crime or outrage. 

2. Persons  charged  with  aggravated  assault  recently  committed.—Any  person  who  is  charged 
with committing an aggravated assault in every case in which he shall have good reason to believe 
that  such  assault  has  been  committed,  although  not  in  his  view,  and  that  by  reason  of  the  recent 
commission of the offence a warrant could not have been issued. 

3. Persons committing a breach of the peace.—Any person committing, or attempting to commit, 
any breach of the peace in his view, and who refuses to desist on being required thereto. 

4. Persons found injuring public buildings, &c.—Any person found injuring the public buildings, 
roads,  tanks,  and  water  channels,  or  committing  any  offence  punishable  by  law.  Proviso.  Provided 
always that where such offence is of a slight and petty nature, it shall not be necessary for the Police 
Officer to arrest, if, from the circumstances of the case, there is no reason to apprehend that the party 
will abscond. 

5. Vagrants  and  suspicious  persons.—Any  vagrant  whom  he  shall  find  disturbing  the  public 
peace, or whom he shall have good cause to suspect of having committed, or being about to commit a 
crime;  all  persons  whose  name  and  residence is  unknown,  or  whom  he  may  find  by  night  lying  or 
loitering  in  any  high-way,  road,  or  other  place,  and  who,  in  either  case,  are  unable  to  give  a 
satisfactory account of themselves. 

6. Persons assaulting Police Officer.—Any person who assaults, resists, or obstructs such Police 
Officer in the execution of his duty or aids or excites others so to do. 

7.  Persons  escaping  from  legal  custody.—All  persons  who,  having  been  in  legal  custody,  shall 
have escaped therefrom. 

8. Persons charged with an offence, refusing to give name.—All persons who are charged  with 
having done any injury or damage to the person or property of another, and who refuse to give their 
name and residence, or who give one which there is ground to believe to be false, may be detained 
solely for the purpose of ascertaining such name and residence, with a view to future proceedings. 

**XXIII.  Persons  arrested  without  warrant  to  be  taken  to  Station  House  until  brought  before 
Magistrate or bailed.**—Every person taken into custody by any Police Officer, without warrant, except 
persons  detained  for  the  mere  purpose  of  ascertaining  their  name  and  residence,  shall  forthwith  be 
delivered into the custody of the Police Officer in charged of a Station House, in order that such person 
may be secured until he brought before a Magistrate to be dealt with according to law, or may give bail 
for  his  appearance  before  a  Magistrate,  if  the  Officer  in  charge  shall  deem  it  prudent  to  take  bail  as 
hereinafter  mentioned;  Proviso.  Provided  always  that,  where  bail  is  not  taken,  the  prisoner  shall  be 
brought before a Magistrate within twenty-four hours, unless circumstances render delay unavoidable. 

**XXIV.  Release  on  bail.**—Whenever  any  person  shall  be  brought  in  custody,  without  a  warrant,  to 
any Station House, at a time when he cannot at one be sent before a Magistrate, and shall be charged with 
any bailable offence, or with any unbailable offence of which it shall appear to the Officer in charge of 
the Station House that the prisoner is falsely accused, it shall be lawful for such Police Officer to release 
the accused on bail or on his own recognizance to appear before the Magistrate when required. 

**XXV. Superior Officer of Police may take recognizance  for  appearance  of  prosecutor  or 
witness.**—It shall be lawful for every Police Officer in charge of a Station, or other  superior Officer of 
Police, to bind by recognizance any person to appear as prosecutor or as a witness before the Magistrate 
by whom any grave charge in being or is about to be investigated ; and if any such prosecutor or witness 
shall refuse to execute such recognizance, it shall be competent to such Officer to forward the person in 
custody to the Magistrate’s Court. 

**XXVI. Condition  of  recognizance.**—Every  Recognizance  so  taken  shall  be  without  fee  or  reward 
and shall be conditioned for the appearance of the person there by bound before a Magistrate at such time 
and place as may be required, and the time and place of appearance, and the sum thereby acknowledged, 
not  exceeding  one  thousand  Rupees,  shall  be  specified  in  the  said  recognizance,  or  in  the  condition 
thereof; and the Officer taking the recognizance shall return the same forthwith to the Magistrate present 
at the time and place when and where the party is bound to appear. 

**XXVII. Remands.**—If  from  the  absence  of  witnesses,  or  from  any  other  reasonable  cause,  it  shall 
become  necessary  or advisable  to  defer  the  examination  of  any  case,  or the  further examination of any 
witnesses, it shall be lawful for any Magistrate form time to time by his warrant to remand the accused to 
the custody of any Police Officer, for such time as he shall deem necessary and reasonable, not exceeding 
eight clear days, to be secured in any Station House or jail or to be otherwise detained in custody as to the 
said  Magistrate  shall  appear  expedient:  Proviso.  provided  always  that  any  such  Magistrate  may  order 
such  accused  party  to  be  brought  before  him  at  any  time  or  place  before  the  expiration  of  the  time  for 
which  such  accused  party  shall  have  been  remanded;  or  may  discharge  such  accused  party  on  his 
recognizances, with or without sureties, conditioned for his appearance at the time and place appointed 
for such further examination.   

**XXVIII. Entering drinking shops, &c. without a warrant.**—It  shall  be  lawful  for  any  Police 
Officer without a warrant to enter and inspect all drinking shops gaming houses and other resorts of loose 
and  disorderly  characters  all  premises  of  persons  suspected  of  receiving  stolen  property  any  locality 
vessel boat or conveyance in any part of which places he shall have just cause to believe that crime has 
been or is about to be committed or which he reasonably suspects to contain stolen property; and then and 
there to take all necessary measures for the effectual prevention and detection of crime and to take charge 
of all property reasonably suspected to have been stolen and of all articles or things which may serve as 
evidence of the crime supposed to have been committed.

**XXIX. Inspection of weights and measures.**—Every  Police  Officer,  not  below  the  grade  of 
Inspector,  shall  be  an  inspector  of  weights  and  measures,  and  may  enter  any  shop  or  premises  for  the 
purpose of inspecting the weights and measures and instruments for weighing kept or used therein,   and 
may seize any weight, measure, or instrument for weighing, which he may have reason to believe is false. 

**XXX. Police Officer not to receive complaints of petty offences.**—No Police Officer shall receive 
any complaint of any petty offence; or take into his custody any person brought to him accused of such 
petty offences, trespass, assault, quarrelling, or the like; and it shall be lawful for any Police Officer to 
refuse  to  receive  any  charge  of  an  offence  of  a  grave  character,  if  he  shall  on  enquiry  made  of  the 
complainant alone, see good grounds for doubting its truth: Proviso.- Provided always that, if the charge 
be  not  of  such a  nature  as under  ordinary  circumstances  would justify  the  Police  Officer in refusing  to 
receive it, the particular reasons for refusing it are to be recorded by such Officer at the time. 

**XXXI. Police Officers may lay informations, &c.**—It shall be lawful for any Police Officer to lay 
any information before the Magistrate, and to apply for summons, warrant, search warrant, or such other 
legal  process  as  may  by  law  issue  and  may  be  expedient  under  the  circumstances,  against  any  person 
committing an offence against any law or enactment, or against any regulation for the protection of the 
Revenue,  or  against  any  person  committing  or  falling  to  remove  any  public  nuisance  or  unwarrantable 
obstructions,  keeping  disorderly  houses,  harbouring  thieves,  disturbing  the  peace,  obstructing  the  due 
course of justice, and the like, and to prosecute such offenders up to final judgment; Proviso.-provided 
always that any rewards, forfeitures, and penalties, or shares of rewards, forfeitures, or penalties, which 
by law are payable to informers, and all costs of prosecution which may by any enactment be awarded to 
the prosecutor, shall be paid into the “General Police Fund.” 

**XXXII. All warrants &c. to be executed by Officers of the Police Force.**—From  and  after  the 
passing of this Act, all summonses, warrants, search warrants, warrants of commitment for trial, or orders 
for the escort and conveyance of prisoners, and all other processes issued by any Officer in any Criminal 
proceeding, shall be directed and delivered to Officers of the Police alone; and such processes shall be 
served and executed by them and none others. 

**XXXIII. Warrant to be endorsed.**—Where any such warrant, order, or process shall be directed or 
delivered to any of the said Officers, unless it be necessary for the due execution thereof that such warrant 
be executed without delay, the person receiving it shall deliver the same to any Officer authorized for that 
purpose, who shall take charge of it, and appoint by endorsement thereon one or more Police  Officers to 
execute the  same,  or  endorse  it to any  other  Officer  for  a  like  purpose and every  Police  Officer  whose 
name shall be so endorsed thereon shall be so endorsed thereon shall have the same powers, privileges, 
and protection as if the same had originally been directed to him by name;  Proviso. Provided also that 
every such process shall be executed with all secrecy and dispatch; and shall have full force in any part of 
the Madras Presidency except within the limits of the Supreme Court, without further formality or local 
endorsement;  and  that  all  Police  authorities  shall  every  where  be  assisting  in  the  execution  of  such 
process.

**XXXIV. Service of summonses, &c.**—Every  summons,  notice,  or  other  Criminal  process  may  be 
served on the party named personally, or be left with some adult male member of his family, or a copy 
thereof  may  be  affixed  on  some  adult  male  member  of  his  family,  or  a  copy  thereof  party  failing  or 
neglecting to obey such summons or notice duly served, shall be liable, at the discretion of the Magistrate 
or Court that issued the process, to a penalty not exceeding ten Rupees unless such person shall be able to 
prove  that  he  was  prevented  by  unavoidable  accident  or  other  satisfactory  cause  from  obeying  such 
summons, notice, or the like.

**XXXV. Warrant without summons.**—A Magistrate may, without issuing any summons, forthwith 
issue his warrant to bring before him any person charged with an offence cognizable by him, or whose 
attendance  it  may  for  any  reason  be  necessary  to  enforce,  whenever  it  shall  appear  probable  that  such 
person will not attend unless compelled so to do. 

**XXXVI. Notification of substance of warrant.**—A Police Officer executing a warrant of arrest shall 
notify the substance of the warrant, and if required so to do shall show the warrant. 

**XXXVII. Warrant how to be executed.**—In  making  an  arrest,  the  Police  Officer  executing  the 
warrant shall actually touch or confine the body of the person to be arrested, unless there be a submission 
to the custody by ward or action.

**XXXVIII. No unnecessary restraint.**—After arrest the prisoner shall not be subjected to any more 
restraint than such as may be necessary to prevent his escape. 

**XXXIX. Breaking of outer door or window.**—Any Police Officer authorized by a warrant to arrest 
a person accused of any offence for which a warrant may issue on complaint, may break open any outer 
or inner door or window of a dwelling house, whether that of the person accused or of any other person, 
in  order  to  execute  such  warrant,  if,  after  notification  of  his  authority  and  purpose,  and  demand  of 
admittance duly made, he cannot otherwise obtain admittance. 

**XL. Breaking open Zenanah or female apartment.**—If  information  be  received  that  a  person 
accused  of  any  offence  for  which  a  warrant  may  issue,  has  concealed  himself  in  a  Zenanah  or  female 
apartment in the actual occupancy of women, the Officer employed to execute the warrant shall take such 
precautions as may be necessary to prevent the escape of the accused; and if such person shall not deliver 
himself  up,  the  Police  Officer  authorized  to  execute  the  warrant,  may  break  open  the  Zenanah,  and 
execute the process intrusted to him giving notice at the same time to any woman in the Zenanah that she 
is at liberty to withdraw.

**XLI. Party arrested to be brought immediately to the authority mentioned in the warrant.**—
After  arrest  made,  the  Police  Officer  executing  the  warrant  shall  without  unnecessary  delay  bring  the 
person arrested before the Magistrate or other authority described in the warrant. 

**XLII. No threat or promise, to compel disclosure by party arrested.**—No  Police  Officer  shall 
offer to the person arrested any in ducement, by threat or promise or otherwise, to make any disclosure. 
But  no  Police  Officer  shall  prevent  the  person  arrested,  by  any  caution  or  otherwise,  from  making  any 
disclosure which he may be disposed to make of his own free will. 

**XLIII. Police Officer may require assistance. Penalty for refusal to assist.**—If any Police Officer 
shall at any time find himself unable to effect an arrest, it shall be lawful for him to require any and every 
person present to assist and aid him in making the arrest; and any person who shall refuse or neglect to 
comply with such requisition, shall be liable, on conviction before a Magistrate, to a fine not exceeding 
fifty Rupees, or to imprisonment for a period not exceeding three months, or both. 

**XLIV. Penalties for neglect of duty, etc.**— Every Police-officer who shall be guilty of any violation 
of duty or wilful breach of any lawful orders and regulations not punishable under Section X of this Act ; 
or who shall cease to perform the duties of his office without leave, or without having given two months’ 
notice  as  provided  by  this  enactment,  or  engage  without  authority  in  any  employment  other  than  his 
Police duty, or who shall maliciously and without probable cause prefer any false, vexatious or frivolous 
charge  or information against  any  individual,  or  who  shall  knowingly  and  wilfully  and  with  evil intent 
exceed  his  powers,  or  shall  be  guilty  of  any  wilful  and  culpable  neglect  of  duty,  in  not  bringing  any 
person who shall be in his custody without a warrant before a Magistrate as provided by law, 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 not exceeding three months or both.

**XLV. Penalty for receiving unauthorized fees, &c.** —Any Police-officer who shall on any pretext, 
or  under  any  circumstances,  directly  or  indirectly  collect  or  receive  any  fee,  gratuity,  diet-money 
allowance or recompense, other than he may be duly authorized by the Inspector-General or other Officer 
acting under his order to collect or receive shall, on conviction before a Magistrate be liable to a penalty 
not  exceeding  six  months’  pay,  or  to  imprisonment,  with  or  without  hard  labour,  not  exceeding  six 
months or both.

**XLVI. Penalty for extortion, &c.**—Any  Police  Officer  who  shall  directly  or  indirectly  extort, 
extract,  seek,  or  obtain  any  bribe  or  unauthorized  reward  or  consideration,  by  any  illegal  threat  or 
pretence, or for doing or omitting or delaying to do any act which it may be his duty to do or to cause to 
be done, or for withholding or delaying any information which he is bound to afford or to communicate, 
or who shall attempt to commit any of the offences above said, or shall be guilty of cowardice, shall be 
liable,  upon  conviction  before  a  Magistrate,  to  a  fine  not  exceeding  twelve  months  pay,  or  to 
imprisonment with or without hard labor not exceeding twelve months, or both: **Proviso.** Provided always 
that  nothing  in  the  three  last  preceding  sections  shall  be  deemed  to  preclude  the  Magistrate  from 
committing for trial any cases of this nature too serious for his cognizance.

**XLVII. Penalty for obstructing a Police Officer in the execution of his duty.**—If any person shall 
assault or resist any Police Officer in the execution of his duty; or shall aid or incite any other person so to 
do;  or  shall  maliciously  and  without  probable  cause  prefer  any  false  or  frivolous  charge  against  any 
Police-officer, such person shall, on conviction of such offence before any Magistrate, be liable to a fine 
not exceeding fifty rupees, or to imprisonment, with or without hard labour, not exceeding three months, 
or both.

**XLVIII.  Certain  duties  of  Police  Officers  within  the  limits  of  Towns.  Obstructions  and 
nuisances in roads.**—Any person who in any street, road, thoroughfare, or passage, within the limits of 
any Town, commits any of the following offences, to the obstruction, inconvenience, annoyance, risk, or 
damage of the residents and passengers, shall, on conviction before a Magistrate, be liable to a fine not 
exceeding fifty Rupees, or to imprisonment not exceeding eight days; and it shall be lawful for any Police 
Officer to take into custody without warrant any person who within view commits any such offence. 

*First*. slaughtering cattle, furious riding, &c.— Any person who shall slaughter any cattle or clean 
any carcase in the streets; any person riding or driving any cattle recklessly and furiously, or training 
or breaking any horse or other cattle on or near any public road, to the danger of the passers: 

*Second*. Cruelty to animals.—Any person who wantonly or cruelly abuses or tortures any animal: 

*Third*. Obstructing  passengers.—Any  person  who  shall  keep  any  cattle,  or  conveyance  of  any 
kind standing in any road or street longer than is required for loading or unloading, or for taking up or 
setting  down  passengers;  or  who  shall  leave  any  conveyance  in  such  a  manner  as  to  cause 
inconvenience or danger to the public. 

*Fourth*. Exposing goods for sale on road.—Any person exposing goods for sale on the road so as 
to obstruct passengers: 

*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 pial, cowshed, stable, or the like within the 
bounds of any thoroughfare; or who causes any offensive matter to run from any house, factory, dung 
heap, or the like into the street: 

*Sixth*. Being  Found  drunk  in  any  thoroughfare.—Any  person  found  in  any  thoroughfare  drunk 
and riotous or incapable of taking care of himself. 

*Seventh*.  Indecent  exposure  person.—Any  person  who  willfully  and  indecently  exposes  his 
person, or any offensive deformity or disease, or commits nuisance by easing himself in or by the side 
of, or near any public street or thoroughfare; 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. 

**XLIX. Regulation of public processions, &c., and of carriages and persons at places of public 
resort. Licenses for use of music in streets.**—The Superintendent and Superior Officers of Police may, 
as occasion requires, direct the conduct of all assemblies and processions in the public roads, streets, or 
thoroughfares, prescribe the routes by which, and the times at which such processions may pass ; keep 
order in the public roads, streets, thoroughfares, ghauts, and landing places, and all other places of public 
resort,  and  prevent  obstructions  on  the  occasion  of  such  assemblies  and  processions  and  in  the 
neighbourhood of places of worship during the time of public worship, and in any case when the roads, 
streets or, thoroughfares, ghauts or landing places, may be thronged, or may be liable to be obstructed ; 
they may also regulate the use of music in the streets, on the occasion of native festivals and ceremonies; 
and  may  direct  all  crowds  of  twelve  or  more  persons  to  disperse,  when  they  have  direct  all  crowds  of 
twelve or more persons to disperse, when they have reason to apprehend any breach of the peace ; and 
every  person  opposing,  or  not  obeying  the  orders  so  issued  as  aforesaid,  or  violating  the  conditions  of 
such license, shall be liable to a fine not exceeding one hundred Rupees. Provided always that nothing in 
this Section contained shall be deemed to interfere with the general control of the Magistrate over such 
matters.

**L. Jurisdiction.** —In all cases of convictions under this Act, the Magistrate trying the case shall be 
restrained within the limits of his ordinary jurisdiction as to the amount of fine or imprisonment he may 
inflict  ;  Proviso  provided  always  that  such  charges  against  Police  Officers  above  the  rank  of  a  Private 
shall only be adjudicated on by European functionaries, and  that Village Watchers alone shall be liable to 
conviction by Heads of Villages. 

**LI. Liability to prosecution for higher penalties not affected.**— Nothing contained in this Act shall 
be construed to prevent any person from being prosecuted for any offence made punishable on conviction 
by this Act ; or to prevent any person from being liable under any other law,  Regulation, or Act to any 
other or higher penalty or punishment than is provided for such offence by this Act. Proviso.- Provided 
always that no person shall be punished twice for the same offence. 

**LII. Levy of fines.** —All fines and penalties imposed, and all sums of money recoverable under the 
authority of this Act, may, in case of non-payment thereof, be levied by distress and sale of the goods and 
chattels of the offender by warrant of the Magistrate, in manner provided by Act II of 1839. 

**LIII. Limitation of action.** - All actions and prosecutions against any person, which may be lawfully 
brought for any thing 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 Superintendent or other superior officer of the district in which 
the act was committed, one month at least before the commencement of the action; and 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 cost against the defendant unless the Judge, before whom the trial shall be, 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. 

**LIV. Plea that act was done under warrant.**— When any action, prosecution, or proceeding shall 
be brought 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; and such 
plea shall be proved by the production of the warrant directing the act and purporting to be signed by a 
Magistrate. And the defendant shall, thereupon, be entitled to a decree in his favour, notwithstanding any 
defect of jurisdiction in such Magistrate. And no proof of the signature of such official shall be necessary, 
unless the Court shall see reason to doubt it being genuine: **Proviso**.- Provided always that any remedy 
which the party may have against the authority issuing such warrant shall remain entire. 

**LV. Operation of Act.**— This Act shall take effect in any and every such District as the Governor in 
Council shall by notification published in the Official Gazette. 



##SCHEDULE. 
_____

###LAWS REPEALED. 

The  following  words  in  Section  XXXVI  of  Regulation  IX.  1816:  “The  Officer  entrusted  with  the 
service of the summons in such cases, as well as in all other cases wherein bail may not be required, shall 
demand only an acknowledgment of the receipt of it, and in the absence of the party, the summons may 
be served on the principal person in his house or family, if such person be willing to receive the same and 
to return an acknowledgment for the party;” and Section XLII.

Regulation  XI.  1816,  Sections  III,  IV,  V,  VI,  VII,  XI,  XV,  XVI,  XVII,  XVIII,  XXI,  XXII,  XXIII, 
XXIV, XXV, XXVI Clause 2, XXIX, XXXV, XXXVIII, XXXIX, XL, XLI, XLVIII, and LV. 

Regulation IV. 1821, Section III.

So much of Clause 2 Section II of Regulation IV. 1821 as declares that all Subordinate Officers of 
Police of every description shall be subject to the authority of the Tuhseeldars of their respective Districts. 

So much of Section VII of Regulation VI. 1831, as affects Village Watchers or other persons holding 
village offices in the Police Department.

Act VII of 1843, Sections XXXIX and XL.

_____ 

###LAWS AMENDED. 

So much of Clause 4 Section XIII of Regulation XI. 1816, as directs the Head of the Village to 
apprehend any person supposed to have committed a murder. 

So  much  of  Clause  1  Section  XXVII  of  Regulation  XI.  1816  as  directs  the  Head  of  the  Village  to 
make  every  exertion  to  apprehend  any  person  accused  or  suspected  of  having  committed  the  offences 
referred to in the said Clause.
_____ 

###FORM A. 

A. B. has been appointed a Member of the Police Force under Act XXIV of 1859, and is vested with 
the powers, functions, and privileges of a Police Officer.