The Police Act, 1861

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[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 discharge of his duty, or unfit for the same;

4*[or may award any one or more of the following punishments to any police-officer 5*[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.]6 8.

Surrender of certificate.

8. Certificates to police-officers.--7*Every police-officer 8

*[appointed to the police force other than an officer mentioned in section 4] shall receive on his appointment a certificate in the form annexed to this Act under the seal of the Inspector-General or such other officer as the

[See footnote 3 for this section]

223 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.--1*[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 be 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.

9. Police-officers not to resign without leave or two months'

notice.--No police-officer shall be at liberty to withdraw himself from the duties of his office unless expressly allowed to do so by the District Superintendent or by some other officer authorized to grant such permission or, without the leave of the District Superintendent, to resign his office unless he shall have given to his superior officer notice in writing, for a period of not less than two months, of his intention to resign.

10.

Police-officers not to engage in other employment.

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.

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.

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 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-officers employed at cost of individuals.

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:

[See footnote 4 for this section]

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, Depute 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 rail-way andother works.

14. Appointment of additional force in the neighbourhood of rail-

way 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...

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