#THE POLICE ACT, 1861
______ 

##ARRANGEMENT OF SECTIONS 
_______ 

PREAMBLE 

SECTIONS 

1. Interpretation clause.
2. Constitution of the force.
3. Superintendence in the State Government. 
4. Inspector-General of Police, etc. 
5. Powers of Inspector General. Exercise of power. 
6. [Repealed.].
7. Appointment, dismissal, etc., of inferior officers.
8. Certificates to police officers.
Surrender of certificate.
9. Police-officers not to resign without leave or two months’ notice. 
10. Police-officers not to engage inother employment. 
11. [Repealed.].
12. Power of Inspector-General to make rules.
13. Additional police-officer 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.
17. Special police-officers.
18. Powers of special police-officers.
19. Refusal to serve as special police-officers.
20. Authority to be exercised by police-officers.
21. Village 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.
25. Police-officers to take charge of unclaimed property, and be subject to Magistrate’s orders as 
to disposal.
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. 
  Music in the streets.
30A. Powers with regard to assemblies and processions violating conditions of license.
31. Police to keep order in 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.  
Power of police-officers 
Slaughtering cattle, furious riding, etc. 
Cruelty to animals. 
Obstructing passengers. 
Exposing goods for sale. 
Throwing dirt into street. 
Beingfound drunk or riotous. 
Indecent exposure of person. 
Neglect to protect dangerous places. 
35. Jurisdiction.
36. Power to prosecute under other law not affected. 
Proviso. 
37. Recovery of penalties and fines imposed by Magistrates.
41. [Repealed.].
42. Limitation of actions. 
Tender of amends. 
Proviso.
43. Plea that act was done under warrant.
Proviso. 
44. Police-officers to keep diary.
45. State Government may prescribe form of returns.
46. Scope of Act.
47. Authority of District Superintendent of Police over village police.
FORM 

 
 
#THE POLICE ACT, 1861 [^1]

##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: — 

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

the  words  “Magistrate  of  the  district”  shall  mean  the  chief  officer  charged  with  the  executive 
administration  of  a  district  and  exercising  the  powers  of  a  Magistrate,  by  whatever  designation  the 
chief officer charged with such executive administration is styled:

[^1]. Short title given by the Indian Short Titles Act, 1897 (14 of 1897). 

This Act has been applied to— 
the SonthalParganas by the SonthalParganas 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 of1936), 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 section3(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 PartI, p.44) and Manbhum 
and ParganaDhalbhum and the Kolhan in the District of Singhbhum, see Gazette of India, 1881, PartI p.504, and the Porahat 
Estate in the Singhbhum District, see Gazette of India, 1897, PartI, 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,  PartI,  p.185,  and  (with  the  exception of  s.  5)  to  the Scheduled  District  of  Coorg,  see  Gazette  of  India,  1914, 
PartII,  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,  PartI,  p.667,  and  Gazette  of  India,  1898,  PartI,  p.873.The  whole  Act  has 
been extended to the Amindivi Islands attached to the South Kanara District; see Fort St.George Gazette, 1935, PartI, 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 section46, 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 
section8. 

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. 


 
                                                           
 
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 any [^1]presidency, State or place, or any part of 
any presidency, State or place, in which this Act shall be ordered to take effect:

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:

the word  “person” shall include a company or corporation:

the word “month” shall mean a calendar month: 

the word “cattle” shall,  besides  horned  cattle,  include  elephants,  camels,  horses,    asses,  mules, 
sheep, goats and swine. 

[^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.

[^8]2. Constitution of the forces.—The entire police-establishment under a 4[State Government] shall 
for the purposes of this Act, be deemed to be one 9police force, and shall be formally enrolled; and 
shall  consist  of  such  number  of  officers and  men,  and  shall  be constituted in  such  manner, 10***  as 
shall from time to time be ordered by the State Government.

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.

3. **Superintendence in the State Government.**—The superintendence of the police throughout 
a general police-district shall vest in and 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 supersede, or control any 
police functionary.

4. **Inspector-General of Police, etc.**— [^14]The  administration  of  the  police  throughout  the  general 
police district shall be vested in an officer to be styled the Inspector-General of Police, and in such 

[^1]. Under s. 2 of Police Act, 1888 (3 of 1888), the Central Government may, notwithstanding this provision, create a special 
police-district, consisting of parts of two or more States. 
  As to Delhi State, see Gazette of India, 1912, Pt. I, p. 1105.
[^7]. Ins. by the A.O. 1937. 
[^8]. S. 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. 7 of 1869). 
[^14]. In the town and suburbs of Calcutta, the administration of the police vests in the “Commissioner of Police”, 
See s. 3 of the Calcutta Police Act, 1866 (Ben. 4 of 1866).



Deputy Inspectors-General and Assistant Inspectors-General as to the 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 State Government shall consider necessary.

5. **Powers of Inspector General Exercise of power.**—  The  Inspector-General  of  Police  shall 
have  the  full  powers  of  a  Magistrate  throughout  the  general  police-district;  but  shall  exercise  those 
powers subject to such limitation as may from time to time be imposed by the State Government.

6. [*Magisterial powers of police officers.]Rep.by the Code of Criminal Procedure, 1882 (Act 10 of 
1882), s. 2 and Schedule I (b).*

7. **Appointment, dismissal, etc., of inferior officers.**— 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 Inspector-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;

or may award any one or  more  of  the  following  punishments  to  any  police-officer of the 
subordinate ranks who shall discharge his duty in a careless or negligent manner, or who by any act 
of his own shall render himself unfit for the discharge thereof, namely: — 

  (a) fine to any amount not exceeding one month’s pay; 

  (b) confinement to quarters for a term not exceeding fifteen days, with or without punishment-
drill, extra guard, fatigue or other duty; 

  (c) deprivation of good-conduct pay;

  (d) removal from any office of distinction or special emolument.

8. **Certificates to police officers.**— [^8]Every police-officer appointed to the police force other 
than an officer mentioned in section 4 shall receive on his appointment a certificate in the from 



[^8]. 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 (3of 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) the Rural Police in the SonthalParganas, see the SonthalParganas Rural Police Regulation, 1910 (4 of 1910); 
(7) the Rural Police in Chota Nagpur, see the Chota Nagpur Rural Police Act, 1914 (B. & O. 1 of 1914); 
(8)  the U.P. Special Armed Constabulary, see  the U.P. Special Armed Constabulary Act, 1942 (U.P. 5 of 1942); 
(9)  the Delhi Special Police Establishment, see the Delhi Special Police Establishment Act, 1946 (25 of 1946); and  
(10) Delhi Police, see, Delhi Police Act, 1978 (34 of 1978)



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.**— 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.

9. **Police-officers not to resign without leave or two months’ notice.** —No police-officer shall 
be at liberty to withdraw himself from the duties of his office unless expressly allowed to do so by the 
District Superintendent or by some other officer authorised to grant such permission or, without the 
leave  of  the  District  Superintendent,  to  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  any 
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)  s.  1 
and Sch., Pt. I.*

12. **Power of Inspector-General to make rules.**—The  Inspector-General  of  Police  may, 
fromtime to time, subject to the approval of the State Government, frame such orders and rules as 
he shall deem expedient relative to the organization, classification and distribution of the police-force, 
the places at which the members of the force shall reside, and the particular services to be performed 
by them; their inspection, the description of arms, accoutrements and other necessaries to be furnished 
to them; the collecting and communicating by them of intelligence and information; and all such other 
orders and  rules  relative  to  the  police-force  as  the  Inspector-General  shall, from time  to  time,  deem 
expedient  for  preventing  abuse  or  neglect  of  duty,  and  for  rendering  such  force  efficient  in  the 
discharge of its duties. 

13. **Additional police-officer employed at cost of individuals.**—It  shall  be  lawful  for  the 
Inspector-General of Police, or any Deputy Inspector-General, or Assistant Inspector-General, or for 
the  District  Superintendent,  subject  to  the  general  direction  of  the  Magistrate  of  the  district,  on  the 
application of any person showing the necessity thereof, to depute any additional number of police-
officers to keep the peace at any place within the general 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 itshall 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 in the neighbourhood of railway and other works.**—
Whenever  any  railway,  canal  or  other  public  work,  or  any  manufactory  or  commercial 
concern shall  be  carried  on,  or  be  in  operation in any  part  of  the country,  and 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 thebehaviour 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.

15. Quartering  of  additional  police  in  disturbed  or  da ngerous  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 areaor 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 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 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 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.

**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 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 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  towhom  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 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 bemaintainable 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.

###STATE AMENDMENT 

**Orissa**

**Amendment of section 15-A.**—In  the  Police  Act,  1861  (Act  15  of  1861),  in  its  application  to 
Amendment  the  State  of  Orissa,  for  section  15-A,  the  following  section  shall  be  substituted, 
namely:—

**15-A. Awarding compensation to sufferers from misconduct of inhabitants of any area.**—(1) 
If,  any  area,  death  or  grievous  hurt  Awarding  or  loss  of  or  damage  to  property  (including  public 
property) has been caused by or has-ensued from sufferers the misconduct of the inhabitants of such 
area or any class or section of them or from the failure inhabitants on their part to render assistance in 
preventing such loss or damage, it shall be lawful for any person who claims to have suffered injury, 
loss or case from such misconduct or failure, to make within one month from the date of the injury, 
loss or damage, as the case may be, an application for compensation to the Magistrate of the 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 limits of the area the inhabitants of which have, in his opinion, been guilty 
of such misconduct or failure; 

(b) declare the persons to whom injury, loss or damage has been caused by or has ensued 
from such misconduct or failure, 

(c) fix the amount of compensation to be paid to such person and where there are More 
than one such person, the manner in which it is to be distributed among them;and 

(d) assess the proportion in which the same 'shall be paid by the inhabitants (other than the 
applicant)  of  such  area  who  shall  not  have  been  exempted  under  sub-Section  (3)  from  the 
liability to pay:

Provided  that  where  the  applicant  is  a  private  individual,  the  Magistrate  shall  not  make  any 
declaration unless he is of opinion that such injury, loss or damage as aforesaid has arisen from a riot 
or unlawful assembly within such area and that the applicant was himself free from blame in respect 
of the occurrence which led to the injury, loss or damage.

(3) It shall be lawful for the State Government, by order, to exempt any person or class or section 
of such inhabitants from the 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  Revenue  Divisional  Commissioner  or  the  State 
Government, but save as aforesaid, shall be final. 

(5)  No  civil  suit  shall  be  maintainable  in  respect  of  any  injury,  loss  or  damage  for  which 
compensation has been awarded under this section.

Explanation I—in this section— 

(a) “inhabitants” shall have the same meaning as in section 15; 

(b)“person”  shall  include  the  Central  Government,  the  Government  of  any  State,  any  Local 
Authority,  any  Company,  any  Corporation  and any  Association  or  body  of individuals,  whether 
incorporated or not;

(c) “Public property” shall have reference to any property owned by or belonging to—

(i) the Central Government or the Government of any State; 

(ii) any local authority;

(iii) Any corporation established under any is owned, controlled or managed,  partly  or 
wholly, by the Central Government or any State Government; 

(iv) any Company in which not less than fifty-one per cent of the share capital is held by 
the  Central    Government  or  any  State  Government  or  Jointly  by    more  than  one    such  
government; and 

(v) any autonomous body established under any law.

Explanation II - An application under sub-section (1) maybe made—

(a) In  case  of  the  Government,  by  such  officer  as  the  Government  may  authorize  in  that 
behalf, and 

(b) In the case of any local authority , Company, Corporation, Association or body, by the 
person who is in charge of the property.” 

[Vide the Orissa Act 5 of 1976, s. 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, 1882 2 (10 of 1882), for the recovery of fines, or by suit any 
competent Court.

(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.

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-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.

18. **Powers of special police-officers.**—Every special police-officer so appointed shall have the 
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 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 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. 

20. **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.

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 
5Act 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.

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-officer 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 
authorized 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.

###STATE AMENDMENT 

**Orissa**

**Insertion of new section 23-A.**—In  the  Police  Act,  1861,  after  section  23,  the  following  new 
section shall be inserted, namely:— 

**23-A. Power in relation to  cognizable offences in a running train.**—Without prejudice to the 
provisions contained in the Code of Criminal Procedure, 1973 (2 of 1974), a Sub-Inspector of police, 
posted  to  the  mobile  out-post  of  the  Government  Railway  Police,  shall,  while  performing  duty  in  a 
running train, exercise the powers of the officer-in-charge of the local Government Railway Police-
station  for  the  purposes  of  investigation  into  cognizable  offences  committed  in  a  running  train  and 
when  so  exercising  such  powers,  shall  be  deemed  to  be  the  officer-in-charge  of  such  police-station 
discharging the functions of such officer within the limits of that Police-station.

[Vide the Orissa Act 21 of 1986, s. 2]

24. **Police-officers may lay information, etc.**—It shall be lawful for any police-officer to lay any 
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.

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 by 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.

(2) The provisions of section 525 of the 2Code of Criminal Procedure, 1882 (10of 1882), shall be 
applicable to property referred to in this section.

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 the  disposal  of  the State 
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  accoutrements,  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  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, *or without having 
given previous notice for the period of two months*, 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. 

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 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.

**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.

31. **Police to keep order in public roads, etc.**—It shall be the duty of the police to keep order on 
the  public  roads,  and  in  the  public  streets,  thoroughfares,  ghats  and  landing-places,  and  at  all  other 
places of public resort, and to prevent obstructions on the occasions of assemblies and processions on 
the  public  roads  and  in  the  public  streets,  or  in  the  neighbourhood  of  places  of  worship,  during  the 
time  of  public  worship,  and  in  any  case  when  any  road,  street,  thoroughfare,  ghat  or  landing-place 
may be thronged or may be liable to be obstructed.

32. **Penalty for disobeying orders issued under last three sections, etc.**—Every person opposing 
or not obeying the orders issued under the last three preceding sections, or violating the conditions 
of any license granted by the District Superintendent or Assistant District Superintendent of Police for 
the  use  of  music,  or  for  the  conduct  of  assemblies  and  processions,  shall  be  liable,  on  conviction 
before a Magistrate, to a fine not exceeding two hundred rupees. 

33. **Saving of control of Magistrate of district** —Nothing in the last four preceding sections 
shall be deemed to interfere with the general control of the Magistrate of the district over the matters 
referred to therein.

34. **Punishment for certain offences on roads, etc.**—Any  person  who,  on  any  road  or  in  any 
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 or damage of the residents or passengers shall, 
on conviction before a Magistrate, be liable to a fine not exceeding fifty rupees, or to imprisonment 
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.*—**Neglectto  protect  dangerous  places.**—Any  person  who  neglects  to  fence  in  or 
duly to protect any well, tank or other dangerous place or structure. 

###STATE AMENDMENT 

**Uttar Pradesh**

**Amendment of section 34-A of Act No. 5 of 1861**— For section 34-A of the Police Act, 1861, the 
following section shall be substituted, namely:— 

“**34-A. Compounding of offences under sections 32 and 34.**—An  offence  punishable  under 
section 32 or section 34 may, subject to any general or special order of the State Government in this 
behalf, be compounded by the District Superintendent of Police, either before or after the institution of 
the prosecution, on realization of such amount of composition fee as he thinks fit, not exceeding the 
maximum amount of fine fixed for the offence, and when the offence is so compounded—” 

(i) before the institution of the prosecution, the offender shall not be liable to prosecution for such 
offence and shall, if in custody, be set at liberty ; 

(ii)  before  the  institution  of  the  prosecution,  the  composition  shall  amount  to  acquittal  of  the 
offender.” 

[Vide the Uttar Pradesh Act 35 of 1979, s. 5] 

**Abatement of certain trials.**—  Notwithstanding anything contained in any other law for the time 
being in force, — 

(1) the trial of an accused for — 

	(a) an offence punishable under — 

		“(i) the Motor Vehicles Act, 1988; or”  

		(ii) the Public Gambling Act, 1867, not being an offence punishable under section 3 of that 
Act or an offence in respect of wagering punishable under section 13 of that Act; or  

		(iii) section 34 of the Police Act, 1861; or 

		(iv) section 160 of the Indian Penal Code, 1860; or 

 	(b) any other offence punishable with fine only, or 
 
(2)  a  procedure,  under  section  107  or  section  109  of  the  Code  of  Criminal  Procedure,  1973, 
pending  before  a  Magistrate  on  the  date  of  commencement  of  this  Act  from  before  “December  31, 
2015” shall abate.

[Vide the Uttar Pradesh Act 35 of 1979, s. 9, and amended by Uttar Pradesh Act 29 of 2016 and 9 
of 2018] 

35. **Jurisdiction.**— 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 
Magistrate.

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.

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 4Code 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.

41. [*Rewards to police and informers payable to General Police Fund.] Rep. by the A. O. 1937.*

42. **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 end 
of the cause thereof shell 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 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.

43. **Plea that act was done under warrant.**—When any action or 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  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 made. 

46. **Scope  of  Act.**—(1)  This  Act  shall  not  by  its  own  operation  take  effect  in  any [^3] presidency, 
State or place. But the 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 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, 
State or place. 

(2)When the whole or any part of this Act shall have been 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  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 

	(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.

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 may be exercised by the Magistrate of the 
district over any village-watchman to 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.



[^3].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 (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— 
	(1) the U. P. including Ajmer-Merwara then under that Government, see Notification No. 964in theNorth-Western Provinces 
Gazette, 1861, p. 634: 
	[The  orders  as  to  enforcement  of  the  Act  in  27  districts  in  the  U.  P.,  in  Hamirpur,  Jalaun,  Jhansi,  Lalitpur,  Naini  Tal 
(including  the  TaraiParganas)  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) arekept 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, p. 1302. 
    Under the power conferred by the section as it stood before the 1st April 1937, it ha s been extended as follows to— 
    (1) Madras: ss. 15, 15A, 16, 30, 30A, 31 and 32 of the Act have been extended to the whole of the Madras Presidency, see Notification 
No. 728, dated 31st October 1895, Gazette of India, 1895, Pt. I., p. 876. 
    (2) Eastern Dooars in the Goalpara District, see Notification No. 230, Gazette of India, 1897, Pt. 1, 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. 1, p. 370. 




###FORM  

(See section 8) 

A. B. has been appointed a member of the police-force under Act 5 of 1861, and is vested with the 
powers, functions and privileges of a police-officer. 

_________ 