The Police Act, 1861
The Police Act, 1861
[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 reorganize 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.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:[See footnote 1 for this section]the word "Magistrate" shall include all persons within the general police-district, exercising all or any of the powers of a Magistrate :the word "police" shall include all persons who shall be enrolled under this Act :the words "general police-district" shall embrace 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 :2*[the words "District Superintendent" and "District Superintendent of Police" shall include any Assistant District Superintendent, or other person appointed by general or special order of the State Government to perform all or any of the duties of a District Superintendent of Police under this Act in any district :]the word "property" shall include any moveable property, money, or valuable security 3*the word "person" shall include a company or corporation:the word "month" shall mean a calendar month:4*the word "cattle" shall, besides horned cattle, include elephants, camels, horses, asses, mules, sheep, goats and swine.5*[References to the subordinate ranks of a police force shall be construed as references to members of that force below the rank of Deputy Superintendent.]2.Constitution of the force.6*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 7*police force, and shall be formally enrolled and shall consist of such number of officers and men, and shall be constituted in such manner, 8*as shall from time to time be ordered by the State Government 9*.10*[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.]3.Superintendence in the State Government.3. Superintendence in the State Government.--The superintendence of the police throughout a general police-district shall vest in and 10*shall be exercised by the State Government to which such district is subordinate; and except as authorized under the provisions of this Act, no person, officer, or Court shall be empowered by the State Government to 11*supersede, or control any police functionary.4.Inspector-General of Police, etc.4. Inspector-General of Police, etc.--12*The administration of the police throughout a general police district shall be vested in an officer to be styled the tInspector-General of Police, and in such Deputy Inspectors-General and Assistant Inspectors-General as to the State Government shall seem fit.[See footnote 2 for this section]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.1*5.Powers of Inspector-General. Exercise of powers.5. Powers of Inspector-General. Exercise of powers.--The Inspector-General of Police shall have the full powers of a Magistrate throughout the general police-district; but shall exercise those powers subject to such limitation as may from time to time be imposed by the State Government.6.6. [Magisterial powers of police-officers.] Rep. by the Code of Criminal Procedure, 1882 (Act 10 of 1882), s. 2 and Sch. I(b).7.Appointment, dismissal, etc., of inferior officers.7. Appointment, dismissal, etc., of inferior officers.-- 2*[3*[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 disch...
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