Police Act 1861

[1]ACT NO. V OF 1861

[22nd March, 1861]

An Act for the Regulation of Police

Preamble

         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 :-

 

 

 

Interpretation clause

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1.                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:

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 [[2]any [3]”province or place, or any part of any province or place”], in which this Act shall be ordered to take effect:

[4][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 [5][Provincial Government to perform all or any of the duties of a District Superintendent of Police under this Act in any district:]

[6]   *         *       *     *         *       *         *

the word “property” shall include any moveable property, money or valuable security:

the word “person” shall include a company or corporation:

the word “month” shall mean a calendar month:

[7]the word “cattle” shall, besides homed cattle, include elephants, camels, horses, asses, mules, sheep, goats and swine.

[8][References to the subordinate ranks of a police-force shall be construed as references to members of that force below the rank of Inspector of Police.

[9]2. The entire police-establishment under a “[Provincial Government] Constitution of shall, for the purposes of this Act be deemed to be one [10]police- force and shall be formally enrolled; and shall consist of such number of officers and men and shall be constituted in such manner[11] * * *, as shall from tune to tune be ordered by the [12][Provincial Government][13]***.

[14][Subject to the provisions of this Act the pay and all other- conditions of service[15] of members of the subordinate ranks of any police force shall be such as may be determined by the [Provincial Government.]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Constitution of the force

 

Superinten­dence in the Provincial Government

 

 

 

3. The superintendence of the police throughout a general police-district shall vest in and[16]* * * shall be exercised by the [Provincial 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 [Provincial Government] to[17] supersede or control any police functionary.
 

Inspector- General of Police, etc.

 

 

 

 

 

 

 

Powers of Inspector-General. Exercise of powers.

 

 

Appointment, dismissal, etc., of Interior officers.

 

 

 

 

 

 

 

 

 

 

 

 

 

4. 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 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 Government shall consider necessary.

[18]   *         *      *       *       *       *         *

5. The Inspector-General of Police shall have the full powers of Magistrate throughout the general police-district; but shall exercise those powers subject to such limitation as may from time to tune be imposed by the [Provincial Government].

6. [Repealed by The Code of Criminal Procedure, 1SS2 (Act No. X of1882)]

7.   [19][Subject to such rules as the Government may from time to time make under this Act, the inspector-General, Deputy Inspector-General, Assistant inspectors-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:

[20][or may award any one or more of the following punishments to any police-officer [21][of the subordinate ranks who shall discharge lhs 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, fangue or other duty:

 

(c) deprivation of good-conduct pay:

 

(d) removal from any office of distinction 01 special emolument.

 

8.   [22]Every police-officer [23][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.

[24][Such certificate shall cease to have effect whenever the certificate person named 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.]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Certificate of Police officers

 

 

 

Surrender of Certificate

 

 

 

Police-officer not to resign without leave or two months’ notice

   9. 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, [25][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.

 

Police-officers not to engage in other employment

     10. 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.[Repealed by the Repealing Act, 1874 (Act No. Xll of 1874).)

 

Power of Inspector-General to make rules.

     12. The Inspector-General of Police may. from tune to tune, subject to the approval of the [26][Provincial Government], frame such order s 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 order s and rules relative to the police-force as the Inspector-General, shall, from tune to tune deem expedient for preventing abuse or neglect of duty, and for rendering such force efficient in the discharge of its duties.

Additional Police-officers employed at cost of individuals

     13. 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 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.

 

Appointment of additional force in the neighborhood of railway and other works

 

     14.   Whenever any railway, canal or other public work, or any manufactory or commercial concern shall be earned 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 [27][Provincial 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 tune to time, upon the person having the control or custody of the funds used in earning on such wort manufactory or concern for the payment of the extra force so rendered necessary, and such person shall thereupon cause payment to be made accordingly.

 

       [28]15.- (1) It shall be lawful for the [Provincial Government]. by proclamation to be notified in the official Gazatte, and in such other manner as the [Provincial Government] shall direct, to declare that any  disturbed or area subject to its authority has been found to be in a disturbed dangerous or dangerous state, or that, fr om 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- authorized by the Government in this behalf, with the sanction of the 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 [Provincial 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 tune to tune for a further period or periods as the [Provincial Government] may m each case think fit to direct.

 

Explanation.-For the purposes of this section, “inhabitants” shall include persons who themselves or by then agents or servants occupy or hold land or other immovable property within such area, and landlords who themselves or by their agents or servants collect rents direct from raiyats or occupiers in such area, notwithstanding that they do not actually reside therein.

 

Quartering for additional police in disturbed or dangerous districts.

Awarding compensation to sufferers from misconduct of inhabitants or persons interested in land

 

     [29]15A.-(1) If, in any area in regard to which any proclamation notified under the last preceding section is in force, death or grievous hurt or loss of or damage to. property has been caused by or has ensued from the misconduct of the inhabitants of such area or any class or section of them it shall be lawful for any person being an inhabitant of such area, who claims to have suffered injury from such misconduct to make, within one month from the date of the injury or such shorter period as may be prescribed, an application for compensation to the Magistrate of the district or of the sub-division of a district within which such area is situated.

 

(2) It shall thereupon be lawful for the Magistrate of the district, with the sanction of the [30][Provincial Government] after such enquiry as he may deem necessary, and whether any additional police- force has or has not been quartered in such area under the last preceding section, to-

(a)    declare the persons to whom injury has been caused by or has ensued from such misconduct:

 

(b)    fix the amount of compensation to be paid to such persons and the manner m which it is to be distributed among them: and

 

(c)    assess the proportion in which the same shall be paid by the inhabitants of such area other than the applicant who shall not have been exempted from liability to pay under the next succeeding sub- section:

 

Provided that the Magistrate shall not make any declaration or assessment under this sub-section unless he is of opinion that such injury as aforesaid had arisen from a riot or unlawful assembly within such area, and that the person who suffered the injury was himself free from blame in respect of the occurrences which led to such injury.

(3) It shall be lawful for the [Provincial Government], by order, to exempt any persons or class or section of such inhabitants from liability to pay any portion of such compensation.

(4) Every declaration or assessment made or order passed by the Magistrate of the district under sub-section (2) shall be subject to revision by [31]the Commissioner of the Division or] the [Provincial Government], but save as aforesaid shall be final.

(5) No civil suit shall be maintainable in respect of any injury for which compensation has been awarded under this section.

(6) Explanation.-In this section the word “inhabitants”‘ shall have the same meaning as in the last preceding section.]

X of 1882

           [32]16 – (1) All moneys payable under sections 13, 14. 15. and 15A shall be recoverable by the Magistrate of the district in the manner provided by [33]sections 386 and 387 of the Code of Criminal Procedure. 1882. for the recover.’ of fines, or by suit in any competent Court

 

 

[34]   *         *       *     *         *       *         *

(3)     All moneys paid or recovered under section 15A shall be paid by the Magistrate of the district to the persons to whom and in the proportions in which the same are payable under that section.]

Recovery of moneys payable under section 13. 14. 15. and 15A and disposal of same when recovered
           17. When it shall appear that any unlawful assembly, or Special riot or disturbance of the peace has taken place, or may be reasonably apprehended, and that the police-force ordinarily employed for preserving the peace is not sufficient for its preservation and for the protection of the inhabitants and the security of property in the place where such unlawful assembly or riot or disturbance of the peace has occurred, or is apprehended, it shall be lawful for any police-officer not below the rank: of Inspector to apply to the nearest Magistrate to appoint so many of the residents of the neighborhood as such police-officers may require to act as special police-officers for such time and within such limits as he shall deem necessary ; and the Magistrate to whom such application is made shall, unless he sees cause to the contrary, comply with the application.

18. Every special police-officer so appointed shall have the same powers, privileges and protection, and shall be liable to perform the same duties and shall be amenable to the same penalties, and be subordinate to the same authorities, as the ordinary officers of police

Special police- officers

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Powers of special police- officers

         19. If any person being appointed a special police-officer Refusal to as aforesaid shall without sufficient excuse, neglect or refuse to serve as serve as such, or to obey such lawful order or direction as may be given to him for the performance of his duties, he-shall be liable, upon conviction before a Magistrate, to a fine not: exceeding fifty rupees for every such neglect, refusal or disobedience. Refusal to serve as special police-officers
         [35]20. Police-officers enrolled under this Act shall not exercise any authority, except the authority provided for a police-Officer under this Act and any Act which shall hereafter be passed for regulating criminal procedure. Authority to be exercised by police-officers

Village police officers

         21. Nothing in this Act shall affect any hereditary or other village-police-officer, unless such officer shall be enrolled as a police-officer under this Act. When so enrolled, such officer shall be bound by the provisions of the last preceding section. No hereditary or other village-police-officer shall be enrolled without his consent and the consent of those who have the right of nomination.

 

Police chaukidars in East Pakistan

         If any police-officer appointed under [36]Act XX. of 1856 (to make better pro vision for the appointment and maintenance of Police-chaukidars in Cities, Towns, Stations, Suburbs and Bazars in [37][East Pakistan]) is employed out of the district for which he shall have been appointed under that Act, he shall not be paid out of the rates levied under the said Act for that district

 

Police-officers always on duty and may be employed in any part of district

         22. Every police-officer shall, for all purposes in this Act contained, be considered to be always on duty, and may at any time be employed as a police-officer in any part of the police-district

 

Duties of police-officers

         23. It shall be the duty of every police-officer promptly to obey and execute all orders and warrants lawfully issued to him by any competent authority ; to collect and communicate intelligence affecting the public peace ; to prevent the commission of offences and public nuisances ; to detect and bring offenders to justice and to apprehend all persons whom he is legally authorized to apprehend, and for whose apprehension sufficient ground exists : and it shall be lawful for every police-officer, for any of the purposes mentioned in this section, without a warrant, to enter and inspect any drinking-shop, gaming-house or other place of resort of loose and disorderly characters

 

Police officers may lay information, etc.

         24. It shall be lawful for any police-officer to lay any infor­mation before a Magistrate, and to apply for a summons, warrant, search-warrant or such other legal process as may by law issue against any person committing an offence[38]*       *       *

 

Police-officers

to take charge of – unclaimed property, and be subject to Magistrate’s orders as to disposal.

         25. It shall be the duty of every police-officer to take charge of all unclaimed property, and to furnish an inventory thereof to the Magistrate of the district.

The police-officers shall be guided as to the disposal of such property by such orders as they shall receive from the Magistrate of the district.

 

Magistrate may detain property and issue proclama­tion.          26. (I)   The Magistrate of the district may detain the pro­perty and issue a proclamation, specifying the articles of which it consists, and requiring any person who has any claim thereto to appear and establish his right to the same within six months from the date of such proclamation.

 

X of 1882          [39](2) The provisions of section 525 of the [40]Code of Criminal Procedure, 1882, shall be applicable to property referred to in this section.]

 

       [41]27 -(I) If no person shall within the period allowed claim such property, or the proceeds thereof, if sold, it may, it not already sold under sub-section (2) of the last preceding section, be sold under the orders of the Magistrate of the district.

 

Confiscation of property if no claimant appears
         (2) The sale-proceeds of property sold under the proceeding sub-section and the proceeds of property sold under section 26 to which no claim has been established shall be [42][at the disposal of the Provincial Government.]

 

         28. Every person, having ceased to be an enrolled police- officer under this Act, who shall not forthwith deliver up his certi­ficate, and the clothing, accoutrements, appointments and other necessaries which shall have been supplied to him for the execu­tion of his duty, shall be liable, on conviction before a Magistrate, to a penalty not exceeding two hundred rupees, or to imprison­ment with or without hard labour, for a period not exceeding six months, or to both.

 

Persons refusing to deliver

certificate, etc., on ceasing to be police- officers

           29. Every police-officer who shall be guilty of any violation of duty or wilful breach or neglect of any rule or regulation or lawful order made by competent authority, or who shall withdraw from the duties of his office without permission, [43][or without having given previous notice for the period of two months], [44][or who, being absent on leave, shall fail, without reasonable cause, to report himself for duty on the expiration of such leave, or who shall engage without authority in any employment other then his police-duty, or who shall be guilty of cowardice, or who shall offer any unwarrantable personal violence to any person in his custody, shall be liable, on conviction before a Magistrate, to a penalty not exceeding three months’ pay. or to imprisonment with or without hard labour, for a period not exceeding three months, or to both.

 

Penalties for neglect of duty, etc.
           [45]30. (1)    The District Superintendent or Assistant District Superintendent of Police may as occasion requires, direct the conduct of all assemblies and processions on the public roads, or in the public streets or thoroughfares, and prescribe the routes by which and the tunes at which such processions may pass.

(2) He may also, on being satisfied that it Is intended by any persons or class of persons to convene or collect an assembly in any such road, street or thoroughfare, or to form a procession which would, in the judgment of the Magistrate of the district, or of the sub-division of a district, if uncontrolled, be likely to cause a breach of the peace, require by general or special notice that the persons convening or collecting such assembly or directing or promoting such procession shall apply for a license.

 

Regulation of public

assemblies and processions and licensing of same

           (3) On such application being made, he may issue a license specifying the names of the licensees and defining the conditions on which alone such assembly or such process is to be permitted to take place and otherwise giving effect to this section that no fee shall be charged on the application for, or grant of any such license.

 

Music in the streets.

       (4) He may also regulate the extent to which music may be used in the streets on the occasion of festivals and ceremonies.]

Powers with regard to assemblies and processions violating conditions of license

         [46][30 A.—(1) Any Magistrate or District Superintendent-; Police or Assistant District Superintendent of Police or Inspector of Police or any police-officer in charge of a station may stop, procession which violates the conditions of a license granted under the last foregoing section, and may order it or any assembly violates any such conditions as aforesaid to disperse.
         (2) Any procession or assembly which neglects or refuses to obey any order given under the last preceding sub section shall be deemed to be an unlawful assembly.]
Police to keep order in public roads, etc.            31. It shall be the duty of the police to keep order on the public roads, and in the public streets, thoroughfares, ghats and landing-places, and at all other places of public resort, and to prevent obstructions on the occasions of assemblies and processions on the public roads and in the public streets, or in the neighbourhood of places of worship, during the time of public worship, and in any case when any road, street, thoroughfare, ghat or landing-place may be thronged or may be liable to be obstructed.

 

Penalty for disobeying orders issued under last three sections etc.

           32. Every person opposing or not obeying the orders issued under the last [47][three] preceding sections, or violating the conditions of any license granted by the District Superintendent or Assistant District Superintendent of Police for the use of music, or for the conduct of assemblies and processions, shall be liable on conviction before a Magistrate, to a fine not exceeding two hundred rupee.

 

Saving of control of Magistrate of district.

         33. Nothing in the last [48][four] preceding sections shall be deemed to interfere with the general control of the Magistrate of the district over the matters referred to therein.

 

         [49]34. Any person who, on any road or in any [50][open place or] sheet or thoroughfare within the limits of any town to which this section shall be specially [51]extended by the [52][Provincial Government], commits any of the following offences, to the obstruction, inconvenience, annoyance, risk, danger or damage of the [53][residents or passengers] shall, on conviction before a Magistrate, be liable to a fine not exceeding fifty taka. or to imprisonment [54][with or without hard labour] not exceeding eight days: and it shall be lawful for any police-officer to take into custody-, without a warrant, any person who within his view commits any of such offences, namely:

 

Punishment for certain offences on roads, etc.

 

 

 

 

 

 

Power of police-officers

       First. -Any person who slaughters any cattle or cleans any carcass; any person who rides or drives any cattle recklessly or furiously, or trains or breaks any horse or other cattle:

 

Slaughtering cattle, furious riding, etc.
     Second. -Any person who wantonly or cruelly beats, abuses or tortures any animal:

 

Cruelty to animal.
     Third. -Any person who keeps any cattle or conveyance of any land standing longer than is required for loading or unloading or for taking up or setting down passengers, or who leaves any conveyance in such a manner as to cause inconvenience or danger to the public:

 

Obstructing passenger
      Fourth. -Any person who exposes any goods for sale:

 

Exposing goods for sale
       Fifth. -Any person who throws or lays down any dirt, filth, rubbish or any stones or building materials, or who constructs any cowshed, stable or the like, or who causes any offensive matter to run from any house, factory, dung-heap or the like: Throwing dirt into street
       Sixth. -Any person who is found drunk or riotous or who is incapable of taking care of himself:

 

Being found drunk or riotous
    Seventh. -Any person who wilfully and indecently exposes Indecent his person, or any offensive deformity or disease, or commits nuisance by easing himself, or by bathing or washing in any tank or reservoir not being a place set apart for that purpose:

 

Indecent exposes person
     Eighth. -Any person who neglects to fence in or duly to protect any well, tank or other dangerous place or structure.

 

Neglect to

protect

dangerous

         35. [55]* * * Any charge against a police-officer above the rank of a constable under this Act shall be enquired into and determined only by an officer exercising the powers of a [56]Magistrate.

 

Jurisdiction

Power to prosecute under other law not affected

       36. Nothing contained in this Act shall be construed to prevent any person from being prosecuted under any other Regulation or Act for any offence made punishable by this Act. or from being liable under any other Regulation or Act or any other or higher penalty or punishment than is provided for such offence by this Act:

 

Proviso

         Provided that no person shall be punished mice for the same offence.

 

Recovery of penalties and fines imposed by Magistrates

       [57][37. The provisions of sections 64 to 70. both inclusive, of the Pakistan Penal Code, and of sections 386 to 389, both by Magistrates inclusive, of the [58]Code of Criminal Procedure. 1882 with respect to fines, shall apply to penalties and fines imposed under this Act on conviction before a Magistrate:

 

       Provided that, notwithstanding anything contained in section 65 of the first-mentioned Code, any person sentenced to fine under section 34 of this Act may be imprisoned in default of payment of such fine for any period not exceeding eight days.]

 

       38. [Procedure until return Is made, to warrant of distress] Rep. by the Police Act (1861) Amendment Act 1895 (1895) .s. 14.
       39. [Imprisonment if distress not sufficient.] Rep., ibid.

 

       40. [Levy of fines from European British subjects.] Rep., ibid

 

       41. [Rewards to police and informers payable to General Police Fund.] Rep. by the [59]A. 0., 1937,

 

Limitation of action

       [60]42. All actions and prosecutions against any per son which may be lawfully brought for anything done or intended to be done under the provisions of this Act, or under the general police-powers hereby given shall be commenced within three months after the act complained of shall have been committed, and not otherwise; and notice in writing of such action and of the cause thereof shall be given to the defendant, or to the District Superintendent or an Assistant District Superintendent of the district in which the act was committed, one month at least before the commencement of the action.

 

Tender of amends.

           No plaintiff shall recover in any such action if tender of sufficient amend shall have been made before such action brought, or if a sufficient sum of money shall have been paid into Court after such action brought, by or on behalf of the defendant, and. though a decree shall be given for the plaintiff in any such action such plaintiff shall not have costs against the defendant, unless the Judge before whom the trial is held shall certify- his approbation of the action:

 

           Provided always that 110 action shall in any case lie where such officers shall have been prosecuted criminally for the same act.

 

Provisio
         43. When any action or prosecution shall be brought or any proceedings held against any police-officer for any act done by him in such capacity, it shall be lawful for him to plead that such act was done by him under the authority of a warrant issued by a Magistrate.

 

Plea that act was done under warrant
           Such plea shall be proved by the production of the warrant directing the act, and purporting to be signed by such Magistrate and the defendant shall thereupon be entitled to a decree in his favour, notwithstanding any defect of jurisdiction in such Magistrate. No proof of the signature of such Magistrate shall be necessary, unless the Court shall see reason to doubt its being genuine:

 

     Provided always that any remedy which the party may have against the authority issuing such warrant shall not be affected by anything contained in this section.

 

Provisio
         44. It shall be the duty of every officer in charge of a police-station to keep a general diary in such foim as shall from time to time, be prescribed by the Provincial Government and to record therein all complaints and charges preferred, the names of all persons arrested, the names of the complainants, the offences charged against them the weapons or property that shall have been taken from then possession or otherwise, and the names of the witnesses who shall have been examined.

 

Police-officers to keep diary
         The Magistrate of the district shall be at liberty to call for and inspect such diary.

 

         The [61][Provincial Government] may direct the submission of such returns by the Inspector-General and other police-officers as to such Government shall seem proper, and may prescribe the form in which such returns shall be made.

 

Government may prescribe form of returns
[62][46. – (1) This Act shall not by its own operation take effect in any [63]* province or place. But the [64][Provincial Government] by an order to be published in the [65][official Gazette] may extend[66]. The whole or any party of this Act to any 3* province or place, and the whole or such portion of this Act as shall be specified in such order shall thereupon take effect in such 3* province or place.

(2) When the whole or any party of this Act shall have been so extended, the 3[Provincial Government] may, from time to time, by notification in the official Gazette, make rules consistent with this Act —-

(a) to regulate the procedure to be followed by Magistrates and police-officers in the discharge of any duty imposed upon them by or under this Act;

(b) to prescribe the time, manner and conditions within and under which claims for compensation under section 15A are to be made, the particulars to be stated in such claims, the manner in which the same are to be verified, and the proceedings (including local enquiries if necessary) which are to be taken consequent thereon; and

(c)  generally, for giving effect to the provisions of this Act,

 

(3) All rules made under this Act may from time to time be amended, added to or cancelled by the [67][Provincial Government]

 

       47. It shall be lawful for the [68][Provincial Government] in carrying this Act into effect in any party of the territories subject to such [Provincial Government], to declare that any authority which now is or may be exercised by the Magistrate of the district over any village watchman or other village-police-officer for the purposes of police, shall be exercised, subject to the general control of the Magistrate of the district, by the District Superintendent of Police.

 

——

FORM

(See section 8)

A. B. has been appointed a member of the police-force under Act V of 1861, and is vested with the powers, functions and privileges of a police-officer.

_____

 

Authority of District Superintended Police over Village Police

[1] This Act has been applied to—

The Chittagong Hill-tracks by the Chittagong Hill-Tracks Regulation, 1900(1 of 1900);

Baluchistan by the British Baluchistan Laws Regulation, 1913 (2 of 1913). s. 3: and

Phulera in the Excluded Area of Upper Tanawal to the extent the Act is applicable in the NWFP subject to certain modifications— sec NWFP. (Upper Tanawal) (Excluded Area) Laws Regula­tion, 1950.

The Excluded Area of Upper Tanawal other than Phulera—see ibid. and declared to be in force in that area with effect from the 1st June, 1951, see NWFP., Gazette, Ext—see dated the 1st June, 1951.

It has been amended in its application to the Punjab by Punjab Act 12 of 1949, and Punjab Ordinance 3 of 1948, and Punjab Act 13 of 1947.

As to special enactments in force in Bombay and Lower Provinces of Ben­gal and extensions 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 Provinces, etc.see note 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 Provinces and the Capital of the Federation, see the Police Act, Act 1888), (3 of 1888)

It has also been extended by notification under article 7(1) (a) of the NWFP (Enlargement of the Area and Alteration of Boundary) Order. 1952 (G.G.O I of 1952) to the added area described in the First Schedule to that order (with effect from the 7th February. 1952). see NWFP. Govt Gazette. 1952. Pl.p.70.

It has also been extended to the Leased Areas of Balouchistan, see the Leas­ed Areas (Laws) Order. 1950. (G.G.O I of 1950); and applied in the Feder­ated Areas of Baluchistan, see Gazatte of India, 1937. Pt. L, p, 1499.

The Act has been amended in its application to East Bengal by East Bengal Act 9 of 1954.

This Act has been amended in its application to West Pakistan except the Capital of the Federation and the Special Areas by West Pakistan Act 5 of 1956.

Section I of this Act has been amended in its application to East Pakistan by East Pakistan Act No. 0 of 1956. s. 2 (with effect from the 29th May, 1956).

This Act has further been amended in its application to the Province of Pakistan, see East Pakistan Act No. 18 of 1957 & 2.

This Act has further been amended in its application to the Province of West Pakistan by the Police (West Pakistan Amendment ) Ordinance. 1959 (25 of 1950)

This Act has been extended and shall be deemed to have been so extended to the whole Pakistan on the 14th day of October. 1955 see the Central Laws Statute Reforms Ordinance 1960. (21 of I960), s. 3 and 2nd Sch.

Cl. also s. 3 (2 )of the Code of Criminal Procedure, 1898 (Act 5 of 1898).

[2] Under s. 2 of the Police Act, 1888 (3 of 1888), the Central Government may, notwithstanding this provisio, create a special police-district, consisting of parts of two-or more Provinces.

The Chittagong Hill-tracts have been declared to be a general police dis­trict for the purposes of this Act. see the Chittagong Hill-Tracts Regulation, 1900 (l of 1900). s.16.

The NWFP has been declared to be a general police-district for the purposes of this Act. see the NWFP Law and Justice Regulation. 1901 (7 of 1901) s. 13.

[3] The word “presidency” omitted by A. O. 1949. Sch,

[4] Ins. by the Police Act [1861] Amendment Act 1895(8 of 1895) s.I.

[5] Subs by A.O 1937

[6] The clauses retaining to___ and ‘gender’ rep by the repeating and amending Act 1914 (I of 1914) s. 3 and Sch. 11.

[7] Cl. definition of “create” in s.3 of the Cattle-repass Act 1871 (1 of 1871)

[8] Ins. by A.O 1937

[9] S.2 so far as it relates to the Provinces under the administration of the Lieutenant-Governor of Bangal rep by the Banal Police Act 1871 (1 of 1871)

[10] . see noe appended to _____ as to enrolment of the police- force in certain places

[11] The words “and the members of such force shall receive such pay “rep by A.O, 1937

[12] Subs ibid., for “L.G”

[13] The words “subject in the case of officers of the Indian Police of and abovethe rank of Assistant Superintendant to the control of the G.G of India in C.” rep., ibid.

[14] Ins. ibid.

[15] For the Baluchistan Promotion and Appointment Rules 1952, see Gazatte of Pakistan, 1952, Pt. VI. pp. 185-187.

[16] The word “subject in the case of officers of the Indian Police of and above the rank of Assistant Superintendent to the general control of the G.G of India in C.” rep., by A.O, 1937.

[17] The word “appoint” rep., ibid.

[18] The sentence “The Inspector-General and other officers above mentioned shall from time to time be appointed by the L.G and may be removed by the same authority” was rep. ibid.

[19] Subs. ibid for “The Subs, ibid., 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 or Police, who may, under such rules as aforesaid, at any time dismiss, suspend or reduce any police-officer”.

[20] The second paragraph of s. 7 was subs, for the words 14or 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,” by the Police Act (1861) Amendment Act, 1895 (8 of 1895). s. 2

[21] Ins. by A.O. 1937.

[22] As to enrolment, maintenance and discipline of—

  • the military Police-force employed in Bengal, see the Eastern Frontier Rifles (Bengal Battalion) Act, 1920 (Ben. 2 of 1920)
  • the Chittagong Hill Tracts Frontier Police, see the Chittagong Hill Tracts Frontier Police Regulation, 1881 (3 of 1881);
  • the Punjab Frontier Police-officers, see the Punjab Frontier Police Officers Regulation, 1893 (7 of 1893);
  • the Police establishment in municipal areas in the Punjab, see the Punjab Municipal Act, 1911 (Punjab 3 of 1911) ;
  • the Rural Police in the Districts of Cachar and Sylbet,see the Sylhet and Cachar Rural Police Regulation, 1883 (1 of 1883).

 

[23] Subs. by A. O., 1937, for “so appointed”.

[24] These two paragraphs were subs., for the original paragraph by the Police Act (1861) Amendment Act, 1895 (8 of 1895), s. 3.

[25] The words in brackets shall be deemed to have been omitted for so long as the Police (Registration of Office) Ordinance. 1942 (11 of 1942) remains in force.

[26] Subs. by A.O of 1937, for “L.G”.

[27] Subs. by A.O., 1937, for “L.G”

[28] Subs. by the Police Act (1861) Amendment Act, 1895 (8 of 1895), s. 4, for the original section.

[29] Ins. by Act 8 of 1895, s. 5.

[30] Subs. by A.O., 1937, for “L.G.”

[31] In the NWFP, these words should be omitted, see the NWFP-Law and Justice Regulation, 1901 (7 of 1901), Sch. I.

[32] Subs. by the Police Act (1861 Ammendment Act, 1895 (8 of 1895) s. 6, for the original section

[33] See now the same sections of the Code of Criminal Procedure, 1898 (Act 5 of 1898)

[34] Sub-section (2) which read “All moneys paid or recovered under sections 13, 14 and 15 shall be credited to a fund to be called ‘The General Police Funds’ and shall be applied to the maintenance of the Police-forc under such order as the L.G shall pass “was rep. byA.O., 1937. See, however, para 4 of the India and Burma (Transitory Provisions) Order, 1937.

[35] For some cases in which the application of s. 20 has been restricted. see sections 2 of the Punjab Frontier Police-officers Regulation, 1893 (7 of 1893)

[36] The Bengal Chaukidari Act, 1856

[37] Subs, by A. O., 1961, Art. 2 (with effect from the 23rd March, 1956), for “East Bengal” which had been subs. Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 4 and III Sch., for “the Presidency of Fort William in Bengal

[38] The words “and to prosecute such person up to final judgment” were rep by the Code of Criminal Procedure, 1882 (Act 10 of 1882).

[39] Ins. by the Police Act (1861) Amendment Act, 1895 (8 of l895), s. 7.

[40] See now the Code of Criminal Procedure, 1898 (Act 5 of 1898), s. 525, 5

[41] Subs, by Act 8 of 1895. s. 8, for the original section.

[42] Subs, by A. O., 1937, for “at the disposal of Govt.”.

 

[43] The words in brackets shall be deemed to have been omitted for so long as the Police (Resignation of Office) Ordinance, 1942 (11 of 1942) remains in force.

[44] Ins. by the Police Act (1861) Amendment Act, 1895 (8 of 1395), s.9.

[45] Subs, ibid., 5. 10, for the original section.

 

[46] Ins. by the Police Act (1861) Amendment Act, 1895 (8 of l895), s. 11.

[47] Subs. ibid., s. 12, for “two”.

 

[48] Subs. Ibid., for “three”

[49] This section has been extended to the Municipal Town of Jhenaidah in the District of Jessore (with effect from the 17th September, 1959), see Dacca Gazette, 1959, Pt. I, p. 714.

[50] Ins. by Act 8 of 1895, s. 13.

[51] For list of the towns to which this section has been specially extended, see different Local Rules and Orders, and Gazette of Punjab, 1950, Pt I, p. 989.

For notification extending the provisions of this section to-the Munici­pality of Set Khira in the district of Khulna, see Dacca Gazette”,1959, Pt. I. p. 264.

[52] Subs, by A. O., 1937, for “L. G.”

[53] Subs, by Act 8 of 1895, s. 13, for “residents and passengers”

[54] Ins. by the Amending Act, 1903 (1 of 1903), s. 3 and II Sch.

[55] The words “In all cases of convictions under this Act the Officer trying the case shall be limited to his ordinary jurisdiction as to the amount of fine or imprisonment which he may inflict: Provided that, ” were rep. by the Code of Criminal Procedure, 1882 (Act 10 of 1882).

[56] i.e., by a Magistrate of ih; first class, see s, 3(2) of the Court of Crimina1 Procedure, 1898 (Act 5 of 1898),

[57] Subs, by the Police Act (186|) Amendment Act, 1895 (8 of 1895) s.14 for the original ss. 37 to 40.

[58] See now Act 5 or 1898.

[59] See however, paragraph 4 of the India and Burma (Transitory Provisions) Order, 1937. Section 41 read as follows: — “All sums paid for the service of process by police-officers, and all rewards, forfeitures and penalties or shares of rewards, forfeitures and penalties which by law are payable to informers shall, when the information is laid by a police-officer, be paid into the General Police Fund.”

[60] So much of s- 42 (the portion printed in italics*) as relates to the limitation of suits was rep. by the Indian Limitation Act, 1871 (9 of 1871).

 

[61] Subs. By A. O., 1937, for “L. G.”.

[62] Subs, by the Police Act (1861) Amendment Act, 1895 (8 of 1895), 1 for the original section.

[63] The original word and comma “presidency” “omitted by the Central Laws (Status Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch, (with effect from the 14th October, 1955).

In the Province of Sind there is a special Police Act, see the Bomby District Police Act, 1890 (Bom, 4 of 1890). In the Lower Provinces of Bengal, Bengal Act 7 of 1869 is to be read and taken as party of Act 5 of 1861, see s.6 of the former Act.

For notification extending this Act under the power conferred by the original section to:-

  • Bengal and Assam, see Notification No.1871, set out at p.14 of the Assam R. and O., Vol I;
  • Several districts in the Punjab, see Notification No.971, dated 15th May 1861, Calcutta Gazette, 18th May 1861, p.1302, and Punjab R. and O.

For list of provinces and districts to which the Act has been extended by special enactments, see not foot 1 on p.232.supra.

[64] Subs. by A. O., 1937, for “G. G. in C”.

[65] Subs. ibid., for “Gazette of India”.

[66] For extension of all the provisions of this Act (V of 1861) to—

  • certain districts in West Pakistan, see Gazette of West Pakistan 1955, Ext., p. 60;
  • the districts of Kalat, Kharan, Lasbella and Mekran, see Gazette of West Pakistan, 1957, Pt. I., p.297.

For order extending section 34 of this Act to—

  • the Municipal limits of Haveli Wasavewala, see Gazette of West Pakistan, 1957, Pt. I., p. 493.
  • the limits of towns of Shadipalli, Jamesabad, Smaro and Pilliors in Tharparkar District, see Gazette of West Pakistan, 1957, Pt.I.p.656.
  • the limits of Towns in the Khairpur District, viz., Khairpur, Gambat and Ranipur, see Gazette of West Pakistan, 1958, Pt. I. p.597,

[67] Subs, by A.O.,1937, for “L.G.”.

[68] Subs. by A.O, 1937 for “L.G”.

Leave a Reply

Your email address will not be published. Required fields are marked *