PROFESSIONAL’S™

BARE ACT

With Short Comments

PROFESSIONAL BOOK PUBLISHERS

Police Acts Containing

H The Police Act, 1861 (5 of 1861) H The Police Act, 1888 (3 of 1888) H The Police Act, 1949 (64 of 1949) H The Police (Incitement to Disaffection) Act, 1922 (22 of 1922) H The Police Forces (Restriction of Rights) Act, 1966 (33 of 1966) H The State Armed Police Forces (Extension of Laws) Act, 1952 (63 of 1952) with

State Amendments & Short Comments

PROFESSIONAL BOOK PUBLISHERS DELHI

WITH THE BLESSINGS OF “MATA VAISHNO DEVI” Published by PROFESSIONAL BOOK PUBLISHERS 3520/2, Chotani Manzil, Nicholson Road, Mori Gate, Delhi - 110 006 Phone: 011-40195701, 09313881451, 09868914519 E-Mail: [email protected], [email protected] Website: http://www.bareactsonline.com, www.professionalbooks.in

© Reserved Typesetting at Professional Book Publishers (Computer Division), Delhi Printed at Shree Rameshwar Printers, New Delhi Although every care has been taken in the publication of this book, the authors, the publishers, the distributors and the printers shall not be responsible for any loss or damage caused to any person on account of errors or omissions which might have crept in. It is suggested that to avoid any doubt the reader should cross-check all the facts, law and contents of the publication with the original Government publication or notification, etc. No part of this book may be reproduced or copied in any form or any manner whatsoever without the prior written permission of the publishers. For binding mistake, misprints or for missing pages, etc., the publisher’s liability is limited to replacement within thirty days of purchase by similar edition. All expenses in this connection are to be borne by the purchaser. All disputes are subject to Delhi jurisdiction only.

CONTENTS

THE POLICE ACT, 1861 Section 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 15-A. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 30-A. 31. 32. 33. 34. 35. 36. 37. 38.

Preamble ... Interpretation clause ... Constitution of the force ... Superintendence in the State Government ... Inspector-General of Police, etc. ... Powers of Inspector-General—Exercise of powers ... ... [Repealed] Appointment, dismissal, etc., of inferior officers ... Certificates to police officers ... Surrender of certificate ... Police officers not to resign without leave or two months’ notice ... Police officers not to engage in other employment ... ... [Repealed] Power of Inspector-General to make rules ... Additional police officers employed at cost of individuals ... Appointment of additional force in the neighbourhood of railway and other works ... Quartering of additional police in disturbed or dangerous districts ... Awarding compensation to sufferers from misconduct of inhabitants or persons interested in land ... Recovery of moneys payable under sections 13, 14, 15 and 15-A and disposal of same when recovered ... Special police officers ... Powers of special police officers ... Refusal to serve as special police officers ... Authority to be exercised by police officers ... Village police officers ... Police chaukidars in the Presidency of Fort William ... Police officers always on duty and may be employed in any part of district ... Duties of police officers ... Police officers may lay information, etc. ... Police officers to take charge of unclaimed property, and be subject to Magistrate’s orders as to disposal ... Magistrate may detain property and issue proclamation ... Confiscation of property if no claimant appears ... Persons refusing to deliver up certificate, etc., on ceasing to be police officers ... Penalties for neglect of duty, etc. ... Regulation of public assemblies and processions and licensing of the same 16 Music in the streets ... Powers with regard to assemblies and processions violating conditions of license ... Police to keep order in public roads, etc. ... Penalty for disobeying orders issued under last three sections, etc. ... Saving of control of Magistrate of district ... Punishment for certain offences on roads, etc. ... Jurisdiction ... Power to prosecute under other law not affected ... Proviso ... Recovery of penalties and fines imposed by Magistrates ... ... [Repealed]

Page 1 1 3 4 4 5 5 5 6 7 8 8 8 8 8 9 9 10 12 12 13 13 13 13 13 13 13 14 14 14 14 14 15 17 17 17 17 18 18 26 27 27 27 27

(iv)

CONTENTS

Section 39. 40. 41. 42. 43. 44. 45. 46. 47.

[Repealed] [Repealed] [Repealed] Limitation of actions Tender of amends Proviso Plea that act was done under warrant Proviso Police officers to keep diary State Government may prescribe form of returns Scope of Act Authority of District Superintendent of Police over village police FORM —————

... ... ... ... ... ... ... ... ... ... ... ... ...

Page 27 27 27 27 28 28 28 28 28 28 29 30 30

Title and extent [Omitted] Constitution of police forces for special purposes Employment of police officers beyond the State to which they belong Consent of State Government to exercise of powers and jurisdiction

... ... ... ... ...

31 31 31 32 32

... ...

33 33

... ... ... ... ...

33 34 34 34 34

THE POLICE ACT, 1888

1. 1-A. 2. 3. 4.

—————

THE POLICE ACT, 1949 1. Short title, extent and commencement 2. Definition 3. Constitution of general police district embracing two or more Union territories 4. Constitution of one police force for general police district 5. Superintendence and administration of police 6. Application of the Police Act, 1861 7. Saving

—————

THE POLICE (INCITEMENT TO DISAFFECTION) ACT, 1922 1. 2. 3. 4.

Short title, extent and commencement Definition Penalty for causing disaffection, etc. Saving of acts done by police associations and other persons for certain purposes 5. Sanction to trial of offences by subordinate Courts 6. Trial of cases THE SCHEDULE

... ... ...

36 37 37

... ... ... ...

38 38 38 39

—————

THE POLICE FORCES (RESTRICTION OF RIGHTS) ACT, 1966 1. 2. 3. 4. 5. 6.

Short title, extent and commencement Definitions Restrictions respecting right to form association, freedom of speech, etc. Penalty Power to amend Schedule Power to make rules THE SCHEDULE

—————

... ... ... ... ... ... ...

41 42 42 42 42 42 43

(v)

CONTENTS

THE STATE ARMED POLICE FORCES (EXTENSION OF LAWS) ACT, 1952 Section 1. Short title and extent 2. Definition 3. Extension of disciplinary laws of any State to members of the armed police force of that State when serving outside that State 4. Power to add to, or omit from, the Schedule 5. Repeal SCHEDULE —————

... ...

Page 44 44

... ... ... ...

44 44 44 44

List of Amending Acts/Adaptation Orders THE POLICE ACT, 1861 1. Indian Limitation Act, 1871 (9 of 1871) 2. Repealing Act, 1874 (16 of 1874) 3. Code of Criminal Procedure, 1882 (10 of 1882) 4. Police Act (1861) Amendment Act, 1895 (8 of 1895) 5. Indian Short Titles Act, 1897 (14 of 1897) 6. Amending Act, 1903 (1 of 1903) 7. Decentralisation Act, 1914 (4 of 1914) 8. Repealing and Amending Act, 1914 (10 of 1914) 9. Devolution Act, 1920 (38 of 1920) 10. Government of India (Adaptation of Indian Laws) Order, 1937 11. Adaptation of Laws Order, 1950 ————— THE POLICE ACT, 1888 1. Amending Act, 1891 (12 of 1891) 2. Repealing and Amending Act, 1914 (10 of 1914) 3. Government of India (Adaptation of Indian Laws) Order, 1937 4. Indian Independence (Adaptation of Central Acts and Ordinances) Order, 1948 5. Adaptation of Laws Order, 1950 6. Jammu and Kashmir (Extension of Laws) Act, 1956 (62 of 1956) 7. Part B States (Laws) Act, 1951 (3 of 1951) ————— THE POLICE ACT, 1949 1. Adaptation of Laws (No. 3) Order, 1956 ————— THE POLICE (INCITEMENT TO DISAFFECTION) ACT, 1922 1. Government of India (Adaptation of Indian Laws) Order, 1937 2. Indian Independence (Adaptation of Central Acts and Ordinances) Order, 1948 3. Adaptation of Laws Order, 1950 4. Adaptation of Laws (No.3) Order, 1956 ————— THE POLICE FORCES (RESTRICTION OF RIGHTS) ACT, 1966 1. Delegated Legislation Provisions (Amendment) Act, 1986 (4 of 1986) ————— THE STATE ARMED POLICE FORCES (EXTENSION OF LAWS) ACT, 1952 1. Jammu and Kashmir (Extension of Laws) Act, 1956 (62 of 1956) 2. Repealing and Amending Act, 1957 (36 of 1957) —————

THE POLICE ACT, 18611 (5 OF 1861) [22nd March, 1861] An Act for the Regulation of Police. Preamble.—WHEREAS it is expedient to reorganise the police and to make it a more efficient instrument for the prevention and detection of crime; It is enacted as follows:— 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 1. Short title given by the Indian Short Titles Act, 1897 (14 of 1897). This Act has been applied to—the Sonthal Parganas by the Sonthal Parganas Settlement Regulation, 1872 (3 of 1872), S. 3; the Town of Calcutta and its suburbs, with modifications by the Calcutta Police Act, 1898 (Ben. 1 of 1898); the Khondmals District by the Khondmals Laws Regulation, 1936 (4 of 1936), S. 3 and Sch.; the Angul District by the Angul Laws Regulation, 1936 (5 of 1936), S. 3 and Sch.; 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 S. 3(a) of the Scheduled Districts Act, 1874 (14 of 1874), to be in force in the following Scheduled Districts, namely:— The District of Hazaribagh, Lohardaga (now the Ranchi District, see Calcutta Gazette, 1899, Pt. I, p. 44) and Manbhum and Pargana Dhalbhum and the Kolhan in the District of Singhbhum, see Gazette of India, 1881, Pt. I, p. 504 and the Porhat Estate in the Singhbhum District, see Gazette of India, 1897, Pt. I, p. 1059. It has been extended, by notification under S. 5 of the same Act, to the Kumaon and Garhwal Districts (now in U.P.), see Gazette of India, 1891, Pt. I, p. 185, and (with the exception of S. 5) to the Scheduled District of Coorg, see Gazette of India, 1914, Pt. II, p. 2347. Ss. 15, 15-A, 16, 30, 30-A, 31 and 32 have been extended to the Scheduled Districts in Ganjam and Vizagapatam, see Fort St. George Gazette, 1898, Pt. I, p. 667, and Gazette of India, 1898, Pt. I, p. 873. The whole Act has been extended to the Amindivi Islands attached to the South Kanara District; see Fort St. George Gazette, 1935, Pt. I, p. 1202. It has been extended to the merged States and the States of Bhopal, Bilaspur, Himachal Pradesh and Kutch by the Mergerd 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 by Regulation 6 of 1963, S. 2 and Sch. I; (2) Laccadive Minicoy and Amindivi Islands by Regulation 8 of 1965, S. 3 and Sch. These islands are now known as Lakshadweep; (3) the whole of Madhya Pradesh by M.P. Act 23 of 1958 (when notified); and (4) Goa, Daman and Diu by Regulation 12 of 1962, S. 3 and Sch. Goa is now a State, see Act 18 of 1987, S. 3 (w.e.f. 30-5-1987). As to special enactments in force in Madras, Bombay and Lower Provinces of Bengal, and extension of this Act under the power conferred by S. 46, see notes to that section. As to special enactments for Military, Frontier or Rural Police in force in certain parts of the States, see footnote to S. 8. As to the creation of special police-districts embracing parts of two or more Provinces and the extension to every part thereof the powers and jurisdiction of members of a police force belonging to any part of the States, see the Police Act, 1888 (3 of 1888). The Act has been amended in its application to—C.P. and Berar by C.P. and Berar Act 3 of 1937; Madras by Madras Act 13 of 1948; 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 1974 and Sikkim by Sikkim Act 7 of 1980. Repealed in its application to Bellary District by Mysore Act 14 of 1955.

2

POLICE ACT, 1861

[S. 1

Magistrate, by whatever designation the chief officer charged with such executive administration is styled; the word “Magistrate” shall include all persons within the general policedistrict, exercising all or any of the powers of a Magistrate; the word “police” shall include all persons who shall be enrolled under this Act; the words “general police-district” shall embrace any2 Presidency, State, or place or any part of any Presidency, State or place, in which this Act shall be ordered to take effect; 3 [the words “District Superintendent” and “District Superintendent of Police” shall include any Assistant District Superintendent, or other person appointed by general or special order of the State Government to perform all or any of the duties of a District Superintendent of Police under this Act in any district;] the word “property” shall include any movable property, money, or valuable security; 4 [* * *] the word “person” shall include a company or corporation; the word “month” shall mean a calendar month; 5 the word “cattle” shall, besides horned cattle, include elephants, camels, horses, asses, mules, sheep, goats and swine. 6 [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.] State Amendments—[Pondicherry].—In its application to the Union territory of Pondicherry, S. 1 renumbered as sub-S. (1) thereof and sub-S. (2) shall be added, namely:— “(2) Unless the context otherwise requires,— (a) “public place” means a place (including a road, street or way, whether a thoroughfare or not, and a landing place) to which the public are granted access or have a right to resort, or over which they have a right to pass; (b) “State Government” means the Central Government and includes the Administrator of the Union Territory of Pondicherry appointed by the President under article 239 of the Constitution.”—Pondicherry Act 6 of 1966, S. 2 (w.e.f. 10-3-1966). [Tamil Nadu].—In its application to the State of Tamil Nadu, in S. 1, after the definition of the word “cattle”, insert “public place” shall mean a place (including a road, street or way, whether a thoroughfare or not, and a landing place) to which the public are granted access or have a right to resort, or over which they have a right to pass”.—Tamil Nadu Acts 22 of 1955, S. 2 (w.e.f. 21-9-1955) and 14 of 1962, S. 2 and Sch. II (w.e.f. 9-1-1963). [Uttar Pradesh].—In its application to the State of Uttar Pradesh, in S. 1,— (i) for the existing fifth clause defining the words “District Superintendent”, substitute “District Superintendent” and “District Superintendent of Police” shall include 2. Under S. 2 of the Police Act, 1888 (3 of 1888), the Central Government may, notwithstanding this provision, create a special police district, consisting of parts of two or more States. As to Delhi State, see Gazette of India, 1912, Pt. I, p. 1105. 3. Inserted by Act 8 of 1895, S. 1. 4. The definitions relating to “number” and “gender” repealed by Act 10 of 1914, S. 3 and Sch. II. 5. Cf. definition of “cattle” in S. 3 of the Cattle-trespass Act, 1871 (1 of 1871). 6. Inserted by A.O. 1937.

S. 2]

POLICE ACT, 1861

3

an Additional District Superintendent or Joint District Superintendent of Assistant District Superintendent or other person appointed by general or special order of the State Government to perform all or any of the duties of a District Superintendent of Police under this Act in any district.”—Uttar Pradesh Act 10 of 1984, S. 2. (ii) after the definition of the word “property”, insert the following definition, namely:— “The expression “civil aviation personnel” shall mean such officers and employees of the Civil Aviation Department posted in the maintenance, security and general administration wing of the Civil Aviation Directorate, Uttar Pradesh, immediately before the commencement of the Police (Uttar Pradesh Amendment) Act, 2001, as may be specified in this behalf by the State Government by notification, and shall include any person appointed as a civil aviation personnel after such commencement.”—Uttar Pradesh Act 33 of 2001, S. 2 (w.e.f. 10-8-2001).

2. Constitution of the force.—The entire police-establishment under a State Government shall, for the purposes of this Act, be deemed to be one police force8, and shall be formally enrolled and shall consist of such number of officers and men, and shall be constituted in such manner, 9[* * *] as shall from time to time be ordered by the State Government 10[* * *]. 11 [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 State Government.] 7

State Amendments—[Uttar Pradesh].—In its application to the State of Uttar Pradesh, after S. 2, insert the following section, namely:— “2-A. Civil aviation personnel to be police force.—(1) The provisions of this section shall have effect notwithstanding anything contained in any other provisions of this Act or in any other law for the time being in force. (2) On and from such date as the State Government may, by notification, appoint in this behalf, the entire civil aviation personnel employed immediately before that date shall, for the purposes of this Act, become members of a police force and shall be formally enrolled in accordance with the provisions of section 8-A and any new such members shall, thereafter, be appointed in such manner, as shall, from time to time, be ordered by the State Government: Provided that any civil aviation personnel employed before the said date may, by notice addressed to the Director General, Civil Aviation, Uttar Pradesh served within a period of thirty days from the said date, intimate his option not to become a member of the said police force, and upon receipt of such notice, the post in the Civil Aviation Department held until then by him shall stand abolished and his services shall stand terminated and he shall be paid an amount equivalent to his three months salary as compensation. (3) The pay and allowances payable to, and the other terms and conditions of service of civil aviation personnel shall be such as may be prescribed by rules made by the State Government. (4) The civil aviation personnel shall discharge such duties as may be specified by general or special orders of the State Government from time to time pertaining to maintenance of aircraft belonging to, or hired by, the State Government, security at the Airport at Lucknow or at any other airport specified by a general or special order of the State Government and other duties incidental thereto or connected therewith. 7. S. 2, so far as it is related to the provinces under the administration of the LieutenantGovernor of Bengal, repealed by the Bengal Police Act, 1869 (Ben. Act 7 of 1869). 8. See note to S. 8, infra, as to enrolment of the police force in certain places. 9. The words “and the members of such force shall receive such pay” omitted by A.O. 1937. 10. Certain words omitted by A.O. 1937. 11. Inserted by A.O. 1937.

4

POLICE ACT, 1861

[S. 3

(5) The civil aviation personnel shall have such privileges and exercise such powers necessary for the discharge of the said duties as may be specified by general or special orders of the State Government. (6) The administration of the civil aviation personnel shall be vested in the Director General, Civil Aviation, Uttar Pradesh who shall be assisted by the Additional Director (Administration) Civil Aviation, Uttar Pradesh and such other officers and employees as may be specified by the State Government from time to time.”—Uttar Pradesh Act 33 of 2001, S. 3 (w.e.f. 10-8-2001). [West Bengal].—In its application to the State of West Bengal, after S. 2, insert the following section, namely:— “2-A. Power of State Government to make rules.—(1) Subject to the provisions of this Act, the State Government may make rules relating to recruitment, conditions of service, disciplinary proceedings and punishments in respect of members of the subordinate ranks of the police force. (2) Any rules, orders or regulations made before the commencement of the Police (West Bengal Amendment) Act, 1963, by any authority in respect of the aforesaid matters, shall, in so far as they are not inconsistent with the provisions of this Act, be deemed to have been validly made and shall continue in force until other provisions are made in this behalf.”—West Bengal Act 38 of 1963, S. 3 (w.e.f. 3-2-1964).

3. Superintendence in the State Government.—The superintendence of the police throughout a general police-district shall vest in and 12[* * *] 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 13[*] supersede, or control any police functionary. 4. Inspector-General of Police, etc.—14The administration of the police throughout a general police district shall be vested in an officer to be styled the Inspector-General of Police, and in such Deputy Inspectors-General and Assistant Inspectors-General as to the State Government shall deem fit. The administration of the police throughout the local jurisdiction of the Magistrate of the district shall, under the general control and direction of such Magistrate, be vested in a District Superintendent and such Assistant District Superintendents as the State Government shall consider necessary. 12 [* * *] State Amendments—[Uttar Pradesh].—In its application to the State of Uttar Pradesh, in S. 4,— (i) for the words “Inspector-General of Police and in such”, substitute “Director General-cum-Inspector General of Police and in such Inspectors-General”; (ii) for the words “Assistant District Superintendents”, substitute “Assistant District Superintendents, Joint District Superintendents and Assistant District Superintendents”.— Uttar Pradesh Act 10 of 1984, S. 3. [West Bengal].—In its application to the State of West Bengal, after S. 4, insert the following section, namely:— “4-A. Special and Additional Inspectors-General of Police.—(1) If, at any time, the State Government considers it necessary so to do, it may appoint one or more officers to be Special Inspectors-General of Police and also appoint one or more officers to be Additional Inspectors-General of Police, and each of the officers so appointed shall be subordinate to the Inspector-General of Police. 12. Certain words omitted by A.O. 1937. 13. The word “appoint” omitted by A.O. 1937. 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).

S. 7]

POLICE ACT, 1861

5

(2) The Special or, as the case may be, Additional Inspector-General of Police shall be competent to exercise all or any of the powers conferred on, and perform all or any of the functions or duties imposed upon, the Inspector-General of Police by or under this Act or any other law for the time being in force”.—West Bengal Act 5 of 1973, S. 3 (w.e.f. 17-3-1973).

5. Powers of Inspector-General—Exercise of powers.—The InspectorGeneral 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.

State Amendments—[Gujarat].—Same as that of Maharashtra.—Gujarat Act 11 of 1960, S. 87 (w.e.f. 1-5-1960). [Maharashtra].—S. 5 shall be deleted.—Bombay Act 21 of 1954, S. 3 and Sch. II (w.e.f. 8-4-1954). [Uttar Pradesh].—In its application to the State of Uttar Pradesh, in S. 5, for the words “Inspector-General of Police”, substitute “Director General-Cum-Inspector-General of Police”.—Uttar Pradesh Act 10 of 1984, S. 4.

6. Magisterial powers of police officers.—[Repealed by the Code of Criminal Procedure, 1882 (10 of 1882), section 2 and Schedule I.] 7. Appointment, dismissal, etc., of inferior officers.—15[16[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 InspectorGeneral, 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; 17 [or may award any one or more of the following punishments to any police officer 18[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.]19 State Amendments—[Punjab, Haryana and Chandigarh].—In its application to the States of Punjab and Haryana and Union territory of Chandigarh, in S. 7,— (a) after the words “dismiss suspend or reduce”, insert “either in rank or within a time scale”; and (b) after the Cl. (d), add the following clause, namely:— “(e) stoppage of increments”.—East Punjab Act 30 of 1948, S. 2 and Central Act 31 of 1966, S. 88 (w.e.f. 1-11-1966). [Uttar Pradesh].—In its application to the whole of U.P., except the Jaunsar-Bawar Pargana of the Dehradun district and the portion of the Mirzapur district of south of Kaimur Range, in S. 7, add the following clause, namely:— “(e) withholding of increments or promotion including stoppage at an efficiency bar.”—Uttar Pradesh Act 2 of 1944, S. 4 (w.e.f. 1-4-1944). 15. Substituted by A.O. 1937, for certain words. 16. Substituted by A.O. 1950 (as amended by C.O. 29), for “Subject to such rules”. 17. Substituted by Act 8 of 1895, S. 2, for certain words. 18. Inserted by A.O. 1937. 19. For Cl. (e), applicable to certain areas in U.P., see U.P. Act 2 of 1944.

6

POLICE ACT, 1861

[S. 8

(ii) In its application to the State of Uttar Pradesh, in S. 7, for the words “InspectorGeneral”, substitute “Director-General-cum-Inspector-General, Inspector-General”.—Uttar Pradesh Act 10 of 1984, S. 5. [West Bengal].—In its application to the State of West Bengal, for S. 7, substitute the following sections, namely:— “7. Punishment of subordinate ranks of the police force in disciplinary cases.—The appointing authority, or an officer not lower in rank than the appointing authority, shall be competent to inflict all punishments on the members of the subordinate ranks of the police force in disciplinary cases. 7-A. Validity of appointment, dismissal and punishment of subordinate ranks of the police force in certain cases.—Notwithstanding anything contained elsewhere in this Act or any rule, regulation or order made thereunder, all appointments made by the Inspector-General or any other authority subordinate to him, all orders of dismissal or removal from office passed by any such authority, not being an authority subordinate to the authority by which the respective appointments were made, and all orders inflicting any other punishment passed by any other authority, before the commencement of the Police (West Bengal Amendment) Act, 1963, in respect of the subordinate ranks of the police force shall be deemed to be, and to have always been, validly passed.”—West Bengal Act 38 of 1963, S. 4 (w.e.f. 3-2-1964).

8. Certificates to police officers.—20Every police officer 21[appointed to the police force other than an officer mentioned in section 4] shall receive on his 20. As to enrolment, maintenance and discipline of— (1) the Military Police force employed in— (a) the Andaman and Nicobar Islands, see the Andaman and Nicobar Islands Military Police (Disbandment) Regulation, 1946 (3 of 1946); (b) Assam, see the Assam Rifles Act, 1941 (5 of 1941); (c) Bengal, see the Eastern Frontier Rifles (Bengal Battalion) Act, 1920 (Ben. 2 of 1920); (2) the Punjab Frontier Police Officers, see the Punjab Frontier Police Officers Regulation, 1893 (7 of 1893); (3) the Calcutta and Suburban Police, see the Calcutta Police Act, 1866 (Ben. 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 (Punj. 3 of 1911); (6) the Rural Police in the Sonthal Parganas, see the Sonthal Parganas 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); (10) the Armed Central Reserve Police Force, see the Central Reserve Police Force Act, 1949 (66 of 1949); (11) the Armed Force of the Union for ensuring the security of our borders, see the Border Security Force Act, 1968 (47 of 1968). (12) the Central Industrial Security Force for the better protection and security of certain industrial undertakings, see the Central Industrial Security Force Act, 1968 (1 of 1968). (13) the force for better protection and security of railway property, see the Railway Protection Force Act, 1957 (23 of 1957). (14) the Delhi Police, see Delhi Police Act, 1978 (34 of 1978). 21. Substituted by A.O. 1937, for “so appointed”.

S. 8]

POLICE ACT, 1861

7

appointment a certificate in the form annexed to this Act under the seal of the Inspector-General or such other officer as the Inspector-General shall appoint, by virtue of which the person holding such certificate shall be vested with the powers, functions, and privileges of a police officer. Surrender of certificate.—22[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.] State Amendments—[Orissa].—In its application to the State of Orissa, in S. 8, add the following proviso, namely:— “Provided that every police officer appointed to the police force in any merged State prior to the 31st December, 1947 or 1948 and continued in service after that date shall, till the 1st March, 1948 or 1949, be deemed to be a police officer for the purposes of this Act, but after the latter date, he shall cease to be a police officer unless he is enrolled under this section.”—Orissa Act 4 of 1950, Sch. (w.e.f. 3-3-1950). [Pondicherry].—In its application to the Union territory of Pondicherry, after S. 8, insert the following sections, namely:— “8-A. Unlawful assumption of police functions, personation, etc.—Any person who— (a) unlawfully assumes any function assigned to, or power conferred on, a police officer, or (b) has in his possession, without any lawful excuse, any distinctive article or any dress required to be worn exclusively by a police officer, or (c) puts on any dress with the intention of being taken as a police officer, or (d) personates a police officer, shall, in addition to any other punishment to which he may be liable for any offence committed by him under such assumed character, be punishable with imprisonment for a term which may extend to six months or with fine or with both. 8-B. Penalty for offences against police officers.—If any person maliciously or without reasonable and probable cause prefers any false or frivolous charge against any police officer in any Court of law, he shall be punishable with imprisonment for a term which may extend to three months or with fine or with both.”—Pondicherry Act 6 of 1966, S. 3 (w.e.f. 10-3-1966). [Uttar Pradesh].—In its application to the State of Uttar Pradesh,— (i) in S. 8, for the words, “Inspector-General”, substitute wherever occurring, “Director-General-cum-Inspector-General”.—Uttar Pradesh Act 10 of 1984, S. 6. (ii) after S. 8, insert the following section, namely:— “8-A. Enrolment of Civil Aviation Personnel.—Every civil aviation personnel who has, by virtue of this Act, become a member of a police force, shall receive on the commencement of the Police (Uttar Pradesh Amendment) Act, 2001, and every such personnel appointed, after such commencement, as such member, shall receive on his appointment, a certificate in the form given below under the seal of the Director General, Civil Aviation, Uttar Pradesh or such other officer as the State Government may appoint in this behalf. 22. Substituted by Act 8 of 1895, S. 3, for second paragraph.

8

POLICE ACT, 1861

[S. 9

FORM OF ENROLMENT Certified that Sri.....................................................has been appointed as a civil aviation personnel being a member of a police force under the Police Act, 1861.”—Uttar Pradesh Act 33 of 2001, S. 4 (w.e.f. 10-8-2001).

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 InspectorGeneral. State Amendment—[Uttar Pradesh].—In its application to the State of Uttar Pradesh, in S. 10, for the words, “Inspector-General”, substitute “Director-General-cum-InspectorGeneral”.—Uttar Pradesh Act 10 of 1984, S. 7.

11. Police superannuation fund.—[Repealed by the Repealing Act, 1874 (16 of 1874), section 1 and Schedule.] 12. Power of Inspector-General to make rules.—The Inspector-General of Police may, from time to time, subject to the approval of the State Government, frame such orders and rules as he shall deem expedient relative to the organisation, classification and distribution of the police force, the places at which the members of the force shall reside, and the particular services to be 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. State Amendment—[Uttar Pradesh].—In its application to the State of Uttar Pradesh, in S. 12, for the words “Inspector-General”, substitute wherever occurring “Director-Generalcum-Inspector-General”.—Uttar Pradesh Act 10 of 1984, S. 8.

13. Additional police officers employed at cost of individuals.—It shall be lawful for the Inspector-General of Police, or any Deputy Inspector-General, or Assistant Inspector-General, or for the District Superintendent, subject to the general direction of the Magistrate of the district, on the application of any person showing the necessity thereof, to depute any additional number of police officers to keep the peace at any place within the general police district, and for such time as shall be deemed proper. Such force shall be exclusively under the orders of the District Superintendent, and shall be at the charge of the person making the application: Provided that it shall be lawful for the person on whose application such deputation shall have been made, on giving one month’s notice in writing to the Inspector-General, Deputy Inspector-General, or Assistant InspectorGeneral, 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.

S. 15]

POLICE ACT, 1861

9

State Amendment—[Uttar Pradesh].—In its application to the State of Uttar Pradesh, in S. 13, for the words, “Inspector-General”, substitute wherever occurring “Director-Generalcum-Inspector-General or Inspector-General”.—Uttar Pradesh Act 10 of 1984, S. 9.

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 the behaviour of the persons employed upon such work, manufactory or concern, it shall be lawful for the Inspector-General, with the consent of the State Government, to depute such additional force to such place, and to employ the same so long as such necessity shall continue, and to make orders, from time to time, upon the person having the control or custody of the funds used in carrying on such work, manufactory or concern, for the payment of the extra force so rendered necessary, and such person shall thereupon cause payment to be made accordingly. State Amendment—[Uttar Pradesh].—In its application to the State of Uttar Pradesh, in S. 14, for the words, “Inspector-General”, substitute wherever occurring, “DirectorGeneral-cum-Inspector-General”.—Uttar Pradesh Act 10 of 1984, S. 10. 23 [15. Quartering of additional police in disturbed or dangerous districts.—(1) It shall be lawful for the State Government, by proclamation to be notified in the Official Gazette, and in such other manner as the State Government shall direct, to declare that any area subject to its authority has been found to be in a disturbed or dangerous state, or that, from the conduct of the inhabitants of such area or of any class or section of them, it is expedient to increase the number of police. (2) It shall thereupon be lawful for the Inspector-General of Police, or other officer authorised by the State Government in this behalf, with the sanction of the State Government, to employ any police force in addition to the ordinary fixed complement to be quartered in the area specified in such proclamation as aforesaid. (3) Subject to the provisions of sub-section (5) of this section, the cost of such additional police force shall be borne by the inhabitants of such area described in the proclamation. (4) The Magistrate of the district, after such enquiry as he may deem necessary, shall apportion such cost among the inhabitants who are, as aforesaid, liable to bear the same and who shall not have been exempted under the next succeeding sub-section. Such apportionment shall be made according to the Magistrate’s judgment of the respective means within such area of such inhabitants. (5) It shall be lawful for the 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.

23. Substituted by Act 8 of 1895, S. 4, for S. 15.