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POLICE ACT, 1861
19. Refusal to serve as special police-officers
20. Authority to be exercised by police-officers
21. Village police-officers
22. Police-officers always on duty and may be employed in any part of district
23. Duties of police-officers
24. Police-officers may lay information, etc.
25. Police-officers to take charge of unclaimed property, and be subject to Magistrate’s orders as to disposal
26. Magistrate may detain property and issue proclamation
27. Confiscation of property if no claimant appears
28. Persons refusing to deliver up certificate, etc., on ceasing to be police-officers 20
29. Penalties for neglect of duty, etc.
30. Regulation of public assemblies and processions and licensing of the same 23
30A. Powers with regard to assemblies and processions violating conditions of license
31. Police to keep order in public roads, etc.
32. Penalty for disobeying orders issued under last three sections, etc.
33. Saving of control of Magistrate of district
34. Punishment for certain offences on roads, etc.
36. Power to prosecute under other law not affected
37. Recovery of penalties and fines imposed by Magistrates
38. [Repealed by the Police Act (1861) Amendment Act, 1895 (8 of 1895)]
39. [Repealed by the Police Act (1861) Amendment Act, 1895 (8 of 1895)] 36
40. [Repealed by the Police Act (1861) Amendment Act, 1895 (8 of 1895)] 36
41. [Omitted by the Government of India (Adaptation of Indian Laws) Order 1937, w.e.f. 1-4-1937]
42. Limitation of actions
43. Plea that act was done under warrant
44. Police-officers to keep diary
45. State Government may prescribe form of returns
46. Scope of Act
47. Authority of District Superintendent of Police over village police
POLICE ACT, 1949
1.
3.
4.
5.
6.
7.
POLICE (INCITEMENT TO DISAFFECTION) ACT, 1922
1.
4.
1.
3.
5.
6.
POLICE-FORCES (RESTRICTION OF RIGHTS) ACT, 1966
STATE ARMED POLICE FORCES (EXTENSION OF LAWS) ACT, 1952
1. Short title and extent 63
2. Definition 63
3. Extension of disciplinary laws of any State to members of the armed police force of that State when serving outside that State 63
4. Power to add to, or omit from, the Schedule 63
5. [Omitted by the Repeating and Amending Act, 1957] 63
64
Police Act, 18611
[5 OF 1861]2
An Act for the Regulation of Police.
Preamble.—WHEREAS it is expedient to re-organise 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 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 any3 presidency, 4[State] or place, or any part of any presidency, 4[State] or place, in which this Act shall be ordered to take effect:
the words ‘District Superintendent’ and ‘District Superintendent of Police’ shall include an Additional District Superintendent or Joint District Superintendent or Assistant District Superintendent or other person appointed by general or special order of the 5[State Government] to perform all or any of the duties of a District Superintendent of Police under this Act in any district.
1. Short title given by the Indian Short Titles Act, 1897 (14 of 1897).
This Act has been Extend to–
(1) Dadra and Nagar Haveli by the Dadra and Nagar Haveli (Laws) Regulation, 1963 w.e.f. 1-7-1965.
(2) Laccadive Minicoy and Amindivi Islands by the Laccadive, Minicoy and Amindivi Islands (Laws) Regulation, 1965, w.e.f. 1-10-1967.
(3) Goa Daman and Diu by the Goa Daman and Diu (Laws) Regulation,1962, w.e.f. 22-11-1962.
2. Dated 22-3-1861.
3. Under section 2 of the Police Act, 1888 (3 of 1888).
4. Substituted for “Province” by the Adaptation of Laws Order 1950, w.e.f. 26-1-1950.
5. Substituted for “Provincial Government” by the Adaptation of Laws Order 1950, w.e.f. 26-1-1950.
the word “property” shall include any movable property money, or valuable security: ** ** ** the word “person” shall include a company or corporation: the word “month” shall mean a calendar month: the word “cattle” shall, besides horned cattle, include elephants, camels, horses, asses, mules, sheep, goats and swine.
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.
COMMENTS
SECTION NOTES
1.1 De nition of “Magistrate of the district”
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.
This definition applies by whatever designation the chief officer charged with such executive administration is styled.
1.2 De nition of “Magistrate”
The word “Magistrate” shall include:
All persons within the general police-district exercising all or any of the powers of a Magistrate.
1.3 De nition of “police”
The word “police” shall include:
All persons who shall have been enrolled under this Act.
1.4 De nition of “general police-district”
The words “general police-district” shall embrace:
Any presidency in which this Act shall be ordered to take effect;
Any State in which this Act shall be ordered to take effect;
Any place in which this Act shall be ordered to take effect;
Any part of any presidency in which this Act shall be ordered to take effect;
Any part of any State in which this Act shall be ordered to take effect;
Any part of any place in which this Act shall be ordered to take effect.
1.5 De nition of “District Superintendent” and “District Superintendent of Police”
The words ‘District Superintendent’ and ‘District Superintendent of Police’ shall include:
An Additional District Superintendent,
A Joint District Superintendent,
An 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.
STATE AMENDMENT
PUDUCHERRY
Section 1
Section 1 shall be renumbered as sub-section (1) thereof and after sub-section (1) as so renumbered, the following sub-section shall be inserted,—
“(2) Unless the context otherwise requires, ---
(
a) ‘public place’ means a place (including a road, street or way, whether a thoroughfare or not, and a landing place) to which the public are granted access or have a right to resort, or over which they have a right to pass;
(
b) ‘State Government’ means the Central Government and includes the Administrator of the Union territory of Puducherry appointed by the President under article 239 of the Constitution;”. [Vide the Police (Puducherry Amendment) Act, 1966 w.e.f. 10-3-1966.]
TAMIL NADU
Section 1
After the definition of the word “cattle”, the following definition shall be inserted, namely:—
“the words ‘public place’ shall mean a place (including a road, street or way, whether a throughfare or not, and a landing place) to which the public are granted access or have a right, to resort or over which they have a right to pass”; - [Vide the Police (Tamil Nadu Amendment) Act, 1955, w.e.f. 14-9-1955.]
UTTAR PRADESH
Section 1
In section 1, for the existing fifth clause defining the words ‘District Superintendent’, the following clause shall be substituted,:—
“the words ‘District Superintendent’ and ‘District Superintendent of Police’ shall include an Additional District Superintendent or Joint District Superintendent or 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.’’ – [Vide the Police (Uttar Pradesh Amendment) Act, 1984, w.e.f. 29-4-1984.]
After the definition of the word “property”, the following definition shall be inserted,
“The expression ‘civil aviation personnel’ shall mean such officers and employees of the Civil Aviation Department posted in the maintenance, security and general administration wing of the Civil Aviation Directorate, Uttar Pradesh immediately before the commencement of the Police (Uttar Pradesh Amendment) Act, 2001, as may be specified in this behalf by the State Government by notification, and shall include any person appointed as a civil aviation personnel after such commencement.” - [Vide the Police (Uttar Pradesh Amendment) Act, 2001, w.e.f. 10-8-2001.]
Constitution of the forces.
2. The entire police-establishment under a 6[State Government] shall for the purposes of this Act, be deemed to be one police force, and shall be formally enrolled; and shall consist of such number of officers and men, and shall be constituted in such
6. Substituted for “Provincial Government” by the Adaptation of Laws Order 1950, w.e.f. 26-1-1950.
manner, 7[***] as shall from time to time be ordered by the 7a[State Government] 8[***].
9[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 7a[State Government.]]
COMMENTS
CASE LAWS
Primacy of Police Act Over General Rules - The Allahabad High Court held that the Police Act, 1861, as a special statute, takes precedence over the U.P. Recruitment to Services (Age Limit) Rules, 1972, which is general legislation. The Court emphasized that appointments to subordinate police services must adhere to government orders issued under section 2 of the Police Act, which have statutory force and govern service conditions, including age limits. The doctrine of implied repeal was ruled out, as the Police Act had not been expressly repealed or overridden by the Rules of 1972. - Vijay Singh v. State of Uttar Pradesh 2005 LAB. I.C. 505.
Policy Validity and Right to Privacy - The Allahabad High Court upheld the validity of the U.P. Director General of Police’s 2020 policy of listing “top 10 criminals” at police stations, finding it aligned with the objectives of the Police Act, 1861. However, it ruled that publicly displaying such names violated the constitutional right to privacy and dignity under Article 21. The Court emphasized that police regulations authorize confidential records but do not permit publicizing criminal identities without judicial authority. Public shaming practices, though intended to deter crime, were deemed arbitrary and ultra vires. - Jeeshan Alias Jaanu v. State of U.P. 2021 (3) ALJ 197.
Separation of Police Cadres - Wireless Wing and General Police - The Supreme Court upheld the Patna High Court’s decision denying the petitioner’s request to opt for the general police cadre after joining the wireless wing post-1970. The Court ruled that the option to choose between cadres applied only to personnel recruited before the separation of the wireless and general police cadres on May 6, 1970. The petitioner, recruited in 1972-73, was not entitled to exercise the option. Noting the absence of promotional opportunities in the wireless wing, the Court directed the State of Bihar to either provide promotions within six months or allow wireless personnel to opt for the general cadre. - Raghunath Prasad Singh v. Secretary, Home (Police) Department, Govt. of Bihar 1988 LAB. I.C. 1507.
STATE AMENDMENT
UTTAR PRADESH
Section 2A
After section 2 insert :-—
“2A Civil aviation personal to be police force—(1) The provisions of this section shall have effect notwithstanding anything contained in any other provisions of this Act or any other law for the time being in force.
7. Words “and the members of such force shall receive such pay” and omitted by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1-4-1937.
7a. Substituted for “Provincial Government” by the Adaptation of Laws Order 1950, w.e.f. 26-1-1950.
8. Omitted by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1-4-1937.
9. Inserted, ibid
POLICE ACT 1861 – BARE ACT WITH SECTION NOTES
AUTHOR : TAXMANN'S EDITORIAL BOARD
PUBLISHER : TAXMANN
DATE OF PUBLICATION : JULY 2025
EDITION : 2025 EDITION
ISBN NO : 9789364554701
NO. OF PAGES : 76
BINDING TYPE : PAPERBACK
DESCRIPTION
Police Act 1861 [Bare Act with Section Notes] by Taxmann is a comprehensive statutory compendium on police law and the regulation of police forces in India. This Edition consolidates the full, amended text of the Police Act 1861—the cornerstone legislation for the organisation, administration, powers, and discipline of police forces—together with key allied statutes and all significant state-specific amendments. Enriched with detailed section-wise notes, expert commentary, leading case law, and practical insights, this publication serves as an indispensable legal reference for law enforcement, governance, and criminal justice administration.
This book is intended for the following audience:
• Legal Practitioners, Judges & Judicial Officers
• Police Officers & Law Enforcement Agencies
• State & Central Government Departments
• Academicians & Law Students
• Researchers & Policy Analysts
• Human Rights Organisations & NGOs
The Present Publication is the 2025 Edition, covering the amended and updated text of the Police Act [Act No. 5 of 1861], with the following noteworthy features:
• [Comprehensive Bare Act Text] Complete and updated text of the Police Act 1861 with all amendments and allied, state-specific modifications integrated up to 2025
• [Updated to 2025] Incorporates all recent legislative changes, judicial pronouncements, and notifications
• [Pre-amendment Provisions] Includes pre-amendment texts in relevant footnotes for historical and practical clarity
• [Section-wise Notes & Expert Commentary] Detailed statutory notes, explanations, case law, and judicial precedents for each section
• [Incorporation of Allied Acts] Covers Police Act 1949, Police (Incitement to Disaffection) Act 1922, Police-Forces (Restriction of Rights) Act 1966, and State Armed Police Forces (Extension of Laws) Act 1952
• [Coverage of State Amendments] Exhaustive notes on all relevant state and union territory amendments for jurisdiction-specific guidance
• [Practical Tools] Ready reference tables, prescribed forms, subject index, and summaries for easy use
• [Judicial Case Law] Leading and recent judgments interpreting major provisions, aiding both practice and research
• [Clarity & Usability] Clear, concise drafting and user-friendly structure for seamless consultation
