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Ministry of Law and Justice

Act nº 5 of 1861

  • Forms
  • Act nº 5 of 1861



[Act, No. 5 of 1861]

[AS ON 1957]

[22nd March, 1861]


An Act for the Regulation of Police.

WHEREAS it is expedient to re-organize the police and to make it a more efficient instrument for the prevention and detection of crime; It is enacted as follows:-

1.{ Short title given by the Indian Short Titles Act, 1897 (14 of 1897).This Act has been applied to-

the Santhal Parganas by the Santhal Parganas Settlement Regulation,1872 (3 of 1872), section3;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), section3 and Schedule; and the Angul District by the Angul Laws Regulation, 1936 (5 of 1936), section3 and Schedule 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 Pargana Dhalbhum 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 section5 of the same Act, to the Kumaon and Garhwal Districts, see Gazette of India, 1891, PartI, p.185, and (with the exception of section5) to the Scheduled District of Coorg, see Gazette of India, 1914, PartII, p.2347.Ssection15, 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).

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 and in Punjab by E.P. Act 30 of 1948.}

Section 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-

{Cf. also Section 3 (2) of the Code of Criminal Procedure, 1898 (Act 5 of 1898).} "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:

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 been rolled under this Act:

the words " general police-district " shall embrace any {Under Section2 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 State Section

As to Delhi State, see Gazette of India, 1912, Part I, p.1105.} residency, State, or place, or any part of any presidency State or place, in which this Act shall be ordered to take effect:

{Inserted by Act 8 of 1895, Section1.} [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:

{The definitions relating to " number " and " gender " repealed by Act 10 1914, Section3 and Schedule II.}

the word " person " shall include a company or corporation:

the word " month " shall mean a calendar month:

{Cf. definition of " cattle " in Section3 of the Cattle-trespass Act, 1871 (1 1871).} the word "cattle"

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

{Inserted by the A.O.1937} [References to the subordinate ranks of a police force shall be construed as references to members of that force belong the rank of Deputy Superintendent.]

{Section 2, so far as it is related to the provinces under the administration of the Lieutenant-Governor of Bengal, repealed by the Bengal Police Act, 1869 (Ben.7 of 1869).}

Section 2. Constitution of the forces

The entire police-establishment under a State Government shall for the purposes of this Act, be deemed to be one {See note to section 8, infra, as to enrolment of the police force in certain places.} police force, and shall be formally enrolled; and shall consist of such number of officers and men, and shall be constituted in such manner, {The words " and the members of such force shall receive such pay " omitted by the A.O.1937.} as shall from time to time be ordered by the State Government {The words "subject in the case of officers of the Indian Police of and above the rank of Assistant Superintendent to the control of the Governor - General of India in Council " as amended by Act 38 of 1920, s.2 and Sch.I, omitted, ibid.}

{Inserted, ibid.} [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.

Section 3. Superintendence in the State Government

The superintendence of the police throughout a general police- district shall vest in and {The words "subject in the case of officers of the Indian Police of and above the rank of Assistant Superintendent to the control of the Governor - General of India in Council " as amended by Act 38 of 1920, section 2 and Schedule I, omitted, ibid.} 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 {The word " appoint " omitted, ibid.} supersede, or control any police functionary.

Section 4. Inspector-General of Police, etc.

{In the town and suburbs of Calcutta, the administration of the Police vests in the "Commissioner of Police,', see section 3 of the Calcutta Police Act, 1866 (Ben.4 of 1866)} The 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 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.

{The last sentence "The Inspector-General and other officers above mentioned shall from time to time be appointed by the Local Government, and may be removed by the same authority " omitted by the A.O.1937.}

Section 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

Section 6. Magisterial powers of police officers.-[Repealed]

[Magisterial powers of police officers] Repealed by the Code of Criminal Procedure, 1882 (Act 10 of 1882), section 2 and Schedule I(b)

Section 7. Appointment, dismissal, etc., of inferior officers

{Substitute by the A.O.1937, for " The appointment of all police-officers other than those mentioned in section 4 of this Act shall, under such rules as the L.G. shall from time to time sanction, rest with the Inspector-General, Deputy Inspectors-General, Assistant Inspectors-General and District Superintendents of Police, who may, under such rules as aforesaid, at any time dismiss, suspend, or reduce any police-officer "}[{Substitute by the A.O.1950 (as amended by C.O.29), for " Subject to such rules"} [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;

{Substitute by Act 8 of 1895, section 2, for " or fine any police-officer to any amount not exceeding one month's pay 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,"} [or may award any one or more of the following punishments to any police-officer {Inserted by the A.O.1937} [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.]{For clause (e), applicable to certain areas in the U.P., see U.P. Act 2 of 1944 }

Section 8. Certificates to police officers

{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 (Pun.3 of 1911)

(6)the Rural Police in the Santhal Parganas, see the Santhal 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); and

(9) the Delhi Special Police Establishment, see the Delhi Special Police Establishment Act, 1946 (25 of 1946).}[Every police-officer { Subs by the of 1937 for "so appointed " } [ 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 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.- {Subs by Act 8 of 1895, s.3, for the original second paragraph} [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.]

Section 9. Police officer not resign with out leave or two months notice

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

Section 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.

Section 11. [Repealed]

[Police superannuation fund] Repealed by the Repealing Act, 1874 (16 of 1874) sectioon1 and Schedule, Pt.I.

Section 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 order 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 of preventing abuse or neglect of duty, and for rendering such force efficient in the discharge of its duties.

Section 13. Additional police-officers employed at cost of individuals

Itshall be lawful for the Inspector-Generalof Police, or an Deputy Inspector-General,or Assistant Inspector-General,or for the District Superintendent, subject to the general direction of theMagistrate of the district, on the application of any person showing thenecessity thereof, to depute any additional number of police-officerto 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 DistrictSuperintendent, and shall be at the charge of the person making the application:

Provided that it shall be lawful for the person onwhose application such deputation shall have been made, on giving one month'snotice in writing to the Inspector-General,Deputy Inspector-General, orAssistant Inspector-General, orto the District Superintendent, to; require that the police-officersso deputed shall be withdrawn; and such person shall be relieved from the chargeof such additional force from the expiration of such notice.

Section 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.

{Substituted by Act 8 of 1895, section 4, for the original section }