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POLICE ACT, 1888

Ministry of Law and Justice

Act nº 3 of 1888


  • Act nº 3 of 1888

Preamble

THE POLICE ACT, 1888

[ACT No.3 OF 1888]

[17th February, 1888]

PREAMBLE

An Act to amend the law relating to the Regulation of Police.

WHEREAS it is expedient to relax those provisions of Acts for the regulation of police which restrict the employment of police-officers to the presidency, province or place of the police-establishment of which they are members; It is hereby enacted as follows:

Section 1. Title and extent

(1) This Act may be called the Police Act, 1888. { Subs.by Act 62 of 1956, s.2 and Sch.}[(2) It extends to the whole of India.] {.The word "and " at the end of sub-section (2) and sub-section (3) rep.by Act 10 of 1914, s.3 and Sch.II.} { Section 1-A ins.by the A.O.1950, omitted, by Act 3 of 1951, s.3 and Sch.} {.Subs by the A.O.1937, for the original section as amended by Act 12 of 891, s.2 and Sch.II, Pt.I.}

Section 2. Constitution of police forces for special purposes

(1) Notwithstanding anything in the Madras District Police Act, 1859, (24 of 1859) the Indian Police Act, 1861, (5 of 1861) the Bombay District Police Act, 1890, (Bom 4 of 1890) or any Act relating to the police in any Presidency- town { E.g., the Madras City Police Act, 1888 (Mad.III of 1888), the City of Bombay Police Act, 1902 (Bom.IV of 1902), and the Calcutta Police Act, 1866 (Ben.IV of 1866).}, the Central Government may, by notification {For instances see Gazette of India, 1910, Pt.I, p.3; 1912, Pt.I, p.1589 Gazette or India, Extraordinary, 1937, p.672.} in the Official Gazette, create a special poise district embracing parts of two or more States, and extend to every part of the said district the powers and jurisdiction of members of a police force belonging to { Subs by the A.O.1948, for " any part of British India ".} [a State] specified in the notification.

(2) Subject to any orders which the Central Government may make in this behalf, members of the said police force shall have, within every part of any State of which any part is included in the said district, the powers, duties, privileges and liabilities which, as police officers, they have in their own State.

(3) Any member of the said police force whom the Central Government shall generally or specially empower to act under this subsection may, subject to any orders which the Central Government may make in this behalf, exercise within any State any part of which is included in the said district any of the powers of the officer in charge of a police-station in that State, and when so exercising any such powers, shall, subject to any such Order as aforesaid, be deemed to be an officer in charge of a police-station discharging the functions of such an officer within the limits of his station.

(4) A part of a State included in the said district shall not by reason of that inclusion cease, for the purposes of any enactment relating to police to be part of that State.]

Section 3. Employment of police officers beyond the State to which they belong

Notwithstanding anything in any of the Acts mentioned or referred to in the last foregoing section, but subject to any order which the Central Government may make in this behalf, a member of the {Subs.by the A.O.1937, for "police-establishment ".} [police forcer of any {Subs., ibid., for "Presidency, Province or place".} [State] may discharge the functions of police-officer in any part of {Subs.by the A.O.1948, for "British India beyond the limits of the Province".} [any other State] and shall.while s discharging such functions, be deemed to be a member of the {Subs.by the A.O.1937 for "that establishment".} [police force] of that part and be vested with the powers, functions an privileges, and be subject to the liabilities, of a police-officer belonging to { Ins., ibid Cf.The Govt.of India act, 1935, Sch.Vii, I entry 39.} [that police force]. { Ins., ibid Cf.The Govt.of India act, 1935, Sch.VII, List I, entry 39.}

Section 4. Consent of State Government to exercise of powers and jurisdiction

Nothing in this Act shall be deemed to enable the police one State to exercise powers and jurisdiction in any area with another State, not being a railway area, without the ensure of the Government of that other State.]