Updated: Monday March 25, 2013/AlEthnien Jamada El Oula 14, 1434/Somavara Chaitra 04, 1935, at 10:09:58 PM

The Police Act, 1861

(Act V of 1861)

CONTENTS

sections


1    Interpretation-clause


2    Constitution of the force.


3    Superintendence in the Provincial Government.


4    Inspector-General of Police, etc.


5    Powers of Inspector-General Exercise of Powers


6    [Repealed]


7    Appointment, dismissal, etc of inferior officers


8  Certificates to Police-officers. Surrender of certificate.


9    Police-officers not to resign without leave or two month's notice
10 Police-officers not to engage in other employment.


11 [Repealed].


12   Power of Inspector-General to make rules.


12-A Investigation and regulations of Police accounts


13 Additional Police-officers employed at cost of individuals.


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


15    Quartering of additional police in   disturbed   or dangerous districts.


15-A Awarding compensation to sufferers from misconduct of in­habitants or person interested in land

1.    Short title given by the Short Titles Act, 1897 04 of 1897)

16    Recovery of moneys payable under sections 13, 14, 15 and 15- A and disposal of same when recovered.

17.       Special police-officers.

18.       Powers of special police-officers.

19.       Refusal to serve as special police-officers.

20.       Authority to be exercised by police-officers.

21.      Village police-officers. Police Choukidari in East Pakistan

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.

29.    Penalties for neglect of duty, etc.

30.    Regulation of public assemblies   and   processions, and licens­ing of same

30-    A Powers with regard to assemblies and processions i[contra­vening/the provisions of section 3 and 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. 

2[33-A. Powers of the District Magistrate to make rules regarding use of streets, etc]

  1. Ins. by W.P. ord No. XXV of 1959
  2. Ins. by W.P. Act No. V of 1956.

34 Punishment for certain offences on roads, etc. Power of police-officers.
Slaughtering   cattle, furious riding, etc. 
Cruelty to animals. Obstructing passengers 
Exposing goods for sale 
Throwing dirt into street 
Being found drunk or riotous 
Indecent exposure of person. 
Neglect to protect dangerous places.

1[34-A Penalty for contravention of any rule or order made under Section 33-A.] 

2[34-B.   Summary disposal of cases]

35.    Jurisdiction.

36.    Power to prosecute under other law not affected. Proviso.

37.    Recovery of penalties and fines imposed by Magistrate.

38.   to 41.    [Repealed

42    Limitation of actions Tender of amends Proviso

43.    Plea that act was done under warrant. Proviso

44       Police-officers to keep diary.

45.       Provincial Government may describe form of returns.

46.       Scope of Act.

47.    Authority of District Superintendent of Police over village police.

  1. Ins. by W.P. Act No. V of 1956.

2     Ins. by W.P. Act No. X.XVI of

1 [THE POLICE ACT, 1861]
(Act V of 1861).
[22nd At arch, 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 jan 3{* * *] province or place, or any part of any s[* * *] province or place, in which this Act shall be ordered to take effect:
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:]

1.             This Act has been applied to Phulera in the excluded Area of upper Tanawal to the extent/ the Act is applicable in the N.W.F.P. subject to certain modification see N.W.F.P. Laws Regulation, 1952 and:

                The excluded Area of upper or Tanawal other than Phulera and declared to be in foreign in that area with effect from Ist June, 1951 N.W.F.P., Gazette dated Ist June, 1951.
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 V of 1956.
This Act has further been amended in its application to the Province of West Pakistan by the police (West Pakistan Amendment (Ordinance, 1959 (XXV of 1959).
This Act has been extended and shall be deemed to have been so extended to the whole of Pakistan on the 14th day of October, 1955, see the Central Law (Statute Reform) Ordinance, 1960 (XXI of 1960)
2.             Under s.2 of the Police Act, 1888 (III) of 1888), the Federal Government may, notwithstanding this provision, create a special Police district, consisting of parts of two or more Provinces.
3.             The word “Presidency” omitted by A.O., 1949, Sch.
4.             Ins, by the Police Act (1861) Amendment Act, 1895 (8 of 1895).
5.             Subs, for the words “Local Government” by A.O., 1937.
POLICE.                                                1861: Act V


the word "property" shall include any   movable   property, money or valuable security:                    1[* * * * * * * * *]

 

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.

 

2[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. The entire police-establishment under 3[the] 4{Provincial 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 manner, 4[* * *] as shall from time to time be ordered by the 6[Provincial Government] 6[* * * ]

Constitution of the force

7[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 Provincial Government].

 

3. The superintendence of the police throughout a general police district shall vest in and 8[* * * * j shall exercised by the -4[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 4]Provincial Government] to 9[* * *] supersede or control any police functionary.

Superintendence in the Provincial Government.

1.             The clauses relating to “number” and “gender” rep. by the Repealing and Amending Act, 1914 (x of 1914)
2.             Ins by A.O., 1937
3             Subs By N.W.F.P. A. L.O.1975
4             Subs. Ibid for the words “Local Government” by A.O. 1937
5             The words. “And the members of such force shall receive such pay”, rep, by A.O 1937
6.             The Words, “subject in the case of officer of the Indian Police of and above the rank of Assistant        Superintending to the control of the G.G. of India in C.”rep. ibid.
7.             Ins. Ibid.
8.             The Words “Subject in the case of officers of the India Police of and above the rank of Assistant         Superintendent to the G.G. of Indian in C., rep. by A.O. 1937.
9.             The word “appoint” rep., ibid.

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Inspector General of Police, etc.

4. The administration of the police throughout a genera] police-
district shall be vested in an officer to be styled the Inspector-General of
Police, and in such![Additional Inspector-General], Deputy Inspectors
General and Assistant Inspectors-General as to the 2[Provincial
Government] shall deem 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 2[Provincial Government] shall consider necessary.
3[* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ]

Powers of Inspec- tor General Exercise of Power

5.         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 2[Provincial Government].

 

6.    [Magisterial powers of police-officers}. Rep. by  the Code of Criminal Procedure, 1882 (Act X of 1882)

Appointment, dismissal etc., of inferior officers.

7. 4 [Subject to such rules as the Provincial Government may from ^me to time make under this Act, the Inspector-General, i [Additional Inspector-General], Deputy Inspectors-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;

 

5[or may award any one or more of the following punish­ments to any police-officer 6[of the subordinate ranks] who shall dis­charge his duty in a careless or negligent manner, or who by any

1.             Ins. by W.P. Act V of 1956.

2.             Subs, by A.O. 1937.
3.             The 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” was rep. by A.O., 1937.
4.             Subs. Ibid., for “The appointment of all police-officers other than those mentioned insection 4 of the 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.
5.             The second paragraph of s.7 was subs., for the words “ or fine any police officer to any amount not exceeding one month’s pay who shall discharge hid duty in careless of negligent manner or who by any act of his own, shall render himself unfit for the discharge there of, by the police Act (1861) Amendment Act, 1895 (8 of 1895), 8.2.

  1. Ins. by A.O., 1937.

POLICE.   1881 : Act V  

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 day^ 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].


8. Every police-officer 1[appointed to the police-force other than an officer mentioned in section 4] shall receive on his appointment t 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.

Certificate to police officers.

2[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.

Surrender of certificate.

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.

 

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, 3[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-officer not to resign with out leave or two months notice.

10. No police-officer shall engage in any employment or office whatever other than his duties under this A ct, unless expressly per­mitted to do so in writing by the Inspector-General.

Poli-e-officers not to engage in other employment.

1.             Subs, by A.O., 1937, for “so appointed”.

2.             These two paragraphs were subs,. for the original paragraph by the police Act (1861) Amendment Act, 1895. (8 of 1895)
3.             The words in brackets shall be deemed to have omitted for so long as the Police (Regulation of officer ordinance, 1942, XII of 1942) remain in force.
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11.    [Police superannuating fund].    Rep. by the Repealing Act, 1874 (XVI of 1874).


Power of Inspector General to make rules.

12. The Inspector-General of Police may, from time to time, subject to the approval of the '[Provincial 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.

Investigation and regulation of police account.

2[12-A. The Inspector-General shall, subject to the orders of the Provincial Government, have authority to investigate and regulate all matters of accounts connected with the police force subject to his authority and all persons concerned shall be bound to give him reason­able aid and facilities in conducting such investigations, and to comply with his lawful orders in that behalf].

Additional police officers employed at cost of individuals.

13. it shall be lawful for the Inspector-General of Police, 3[or any Additional Inspector-General] or any Deputy Inspector-General, or Assistant Inspector-General or for the District Superintendent, subject to ;ht 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, 3[Additional 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.

Application of additional force in the neighbourhood of railway and other works

14.    Whenever any railway, canal   or other public work, or any manufactory or commercial  concern shall be carried on, or  be in

1.             Subs, for the words “Local Government”. by A.O., 1937.
2.             Add. by W.P. ord XXV of 1959.
3.             Ins. by W.P. act V of 1956

 

POLICE.                      1861 : Act V


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 ^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 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.

 

2[15. (1) It shall be lawful for the 1[Provincial Government], by proclamation to be notified in the official Gazette, and in such other manner as the i [Provincial Government] shall direct, to declare that any area subject to its authority has been found to be in a disturbed or dangerous state, or that, from 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 i [Provincial Government] In this behalf, with the sanction of the [[Provincial 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 thedistrict, 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 moans within such area of such inhabitants.
(5) It shall be lawful for the '[Provincial Government] by order to exempt any person or class or section of such inhabitants from liability to bear any portion of such cost.

Quartering of additional police in disturbed or dangerous district.

1.             Subs., for the words “Local Government” by A.O., 1937.

2.             Subs., by the Police Act (1861) Amendment Act, 1895 (VIII of 1895) for the original section.

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(6) Every proclamation issued under sub-section (I) 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 time to time for a further period or periods as the 1[Provincial Government] may in each case think fit to direct.

 

Explanation.-----For the purposes of this section, "inhabitants" shall include persons who themselves or by their agents or servants occupy or hold land or other immoveable 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].

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

2[1 5-A.    (I) 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
d 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 1[Provincial Government] after such enquiry as h e may deem necessary, and whether any additional police-force has o r has not been quartered in such area under the last preced­ing sect ion, to—

 

(a) declare the persons to whom injury has been caused by or has             ensued from such misconduct;
(h) fix the amount, of compensation to be paid to such persons             and the manner in 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

1.             Subs. for the words “Local Government”, by A.O. 1937.

2.             Ins by Act VIII of 1895.s.5
POLICE                                 1861 : Act V               


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], b> 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) shajl be subject
to revision by the Commissioner or 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.
2["(6) Explanation.—In   this section,

 

(a) the word "inhabitants" shall have the same meaning
as in the  preceding section and the word "compensation" shall mean the amount equal to the  amount of diyat, Ursh or daman, as the case may be'
(b) The Word ''diyat" shall mean ten thousand dirham shari equivalent to 30.63 Kilogram of Silver or its value in money at the time of decision of the case, in the case of the male victim, and in the case of a female victim, half of it,
            (c) The Word "daman" shall mean the compensation determined by the court to be paid by the convict to the victim for causing hurt not liable to Ursh, and
(d)The Word "Ursh" shall mean the compensation to be paid by the convict or his aqilah to the victim or his heirs for causing hurt."

 

3[6. (1) All moneys payable under sections 13, 14, J 5 and 15-A shall be recoverable by the Magistrate of the district in the manner provided by sections 386 and 387 of the Code of Criminal Procedure, 1882, for the recovery of fines, or by suit in any competent Court.

Recovery of moneys payable under sections 13. 14. 15 and 15A and disposal receoverd

           

  1. Subs. for the words “Local Government” A.O., 1937.
    • Explanation Subs by N.W.F.P ord. No. III or 1985.
    • Subs. by the Police Act (1861) Amendment Act, 1895 (VIII of 1895)
    • See now the same sections of the Code of Criminal Procedure, 1898 (Act 4 of 1898)
    • Subs sections (2) which read “Ali moneys paid or recovered under sections 13, 14 and 15 shall be credited to a fund to be called “ The General Police Fund and shall be applied to the maintenance of the police-force under such order as the Local Government shall pass, was rep. by A.O., 1937.

 

1861 : Act V                                    POLICE

 

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

Special police officer

17. When it shall appear that any unlawful assembly, or 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 resident of the neighbourhood as such police officers many require to act as special police officers for such time and within such limits as he shall deem necessary; and the Magistrate to who, such application is made shall, unless he sees cause to the contrary, comply with the application.

Power of special police officers.

   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 officer of police.

Refusal to serve as special police officer.

  19. If any person being appointed a special police officer as aforesaid shall without sufficient excuse, neglect or refuse to 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.

Authority to be exercised by police officers

  20. Police officer 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.

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 1Act XX of 1856 ( to make better provision for the appointment and maintenance of police chaukidars in Cities, Towns, Stations, Suburbs and Bazars in 2[East Pakistan] is employed out of the district for which shall have been appointed under

1.             The Bengal Chaukidari Act, 1856.

2.             Subs. by A.O m 1961 Art 2 (with effect from the 23rd March, 1956 for “East Bengal” which had been sub by Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951)

 

POLICE                                 1861 : Act V


that Act, he shall not be paid out of the rates  levied under the said Act for that 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 general police-district.

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

            23. It shall be the duty of every police-officer promptly to : obey and execute all order 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 who 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, gaminghouse or other place of resort of loose and disorderly characters.

Duties of police officers.

            24.    It shall be lawful for any police-officer to lay any information before a Magistrate and to apply for a summons, warrant, search-wararnt or such other legal process as may by law issue against any person committing an offence 1[    *    *    ]

Police officers may lay information etc.

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

Police officers to take charge of unclaimed property, and be subject to Magistrates, orders as to display

26.     (1)   The Magistrate of the district may detain the property  and issue a proclamation, specifying the  article.-, 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.

Magistrate may detain Property and issue proclamation

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

 

1.             The words, “and to prosecute such person up to final judgment” wee rep,. by the Code of Criminal Procedure, 1882 (X of 1882)

2.             Ins. by the police Act (1861) Amendment Act, 1895 (VIII of 1895).
3.             See now the code of Criminal Procedure, 1898 (Act 6 of 1898), s. 525. 
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1[27.    (1) If no person shall within the period allowed to claim i such property, or the proceeds thereof, if sold, it may, if not already sold under sub-section (2) of the last preceding section, be sold under, the orders of the Magistrate of the district.

 

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

Person refusing to deliver certificate etc., on ceasing to be police officer

            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.

Penalties for neglect of duty etc.

29. Every police-officer who shall be guilty of any violation ' of duty or wilful breach or negelect of any rule or regulation or lawful order made by competent authority, or who shall withdraw from the duties of his office without permission, 3[or without having given previous notice for the period of two months], 4[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 than 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.

Regulation of public assemblies and processions licensing or seme.

5[30. (1) The District Superintendent or Assistant District Super-intendent of Police may, as occasion requires, direct the conduct of all assemblies and procession son the public roads, or in the public streets or thoroughfares and prescribe the routes by which and the times at which such processions may pass.

1.             Subs. by Act VIII of 1895.

2.             Subs. by A.O., 1937, for “at the disposal of Government.”
3.             The words in brackets shall be deemed to have been omitted for so long as the police (Resignation of officer) ordinance, 1942 (II of 1942 remains in force.
4.             Ins. by the Police Act (1861) Amendment Act, 1895 (VIII of 1895)
5.             Subs. ibid.

 

POLICE                                 1861 : Act V


(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 procession which whould, in the judgment of the Magistrate of the district, or of 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.

 

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

 

            1[“ Provided further that he shall refuse to grant a licence in case             of which the Magistrate of the District or the sub-division of a             district is satisfied and conveys such satisfaction to him in writing             that the grant of the licence is likely to cause a breach of the peace             or to be prejudicial to public safety or public interest or             maintenance of public order”].

 

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

 

            2[30-A. (1) Where an assembly in convened or a procession is formed without applying for and obtaining a licence under the last foregoing section, or where an assembly or procession violates the conditions of a licence issued under the last foregoing section, any Magistrate or District Superintendent of Police or Assistant Superintendent of police or Inspector of Police or Police officer inchage of a station may stop such procession and order such assembly or procession as the case may be, to disperse.

Powers with regard to assemblies and procession 2[contravening the provision  of section 3 and] violating conditions of license.

            3[(2) Any procession or assembly which neglect or refuses to obey any other order given under the last preceding sub-section shall be deemed to be an unlawful assembly.]

 

            31. It shall be the duty of the police to keep order on the public roads, and in the public streets, thoroghfares, ghats and landing places, and at all other places of public resort, and to prevent obstruction on the occasions of assemblies and processions on the public roads and in the public streets, or in the neighbourhood of place of worship, during the time of public worship, and in any case when any road, street, thorough fare, ghat or landing place may be thronged or may be liable to be obstructed.

Police to keep order in public roads etc.

1.             Proviso ins. by N.W.F.P. Act No. V of 1985.

2.             Sub. by W.P. Ord XXV of 1959.
3.             Ins. by the police Act (1895) Amendment Act, 1895 (VIII of 1895)

1861 : Act V                          POLICE


Penalty for diso- beying orders issued under last here sections, etc.

32.    Every person   opposing or not obeying the orders issued under the last i[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 rupees.

Saving of control of Magistrate of district.

33.Nothing in the last 2[four] preceding sections shall be deemed to interfere with the general control of the Magistrate of the district over the matters referred to therein.

Power of the District Magistrate of make rules regarding use of streets, etc.

  3[33-A. (1) In any town or other  place in which he thinks fit, the Magistrate of the district may, from time to  time and subject to ;   such order as may have been made by a municipal or other authority empowered in that respect, make rules or orders —

 

(a) closing certain streets or places temporarily, incases of danger from ruinous buildings or other cause, with such exceptions as shall appear reasonable;
(b) far guarding against injury to persons and properly in the construction, repair and demolition of buildings, platforms and other structures from which danger may arise to passengers, neighbours or the public;
(c) regulating the leading, driving, conducting or conveying of any elephant or wild or dangerous animal through or in any street,
(d) prohibiting the hanging or placing of any cord or pole across a street or part thereof, or the making of a pro­jection or structure so as to obstruct traffic or the free access of light and air ;
(e) prescribing certain hours of the day during which ordure and offensive matter or objects shall not be taken from or into houses or buildings in certain streets or conveyed through such streets and during which cattle shall not be driven along the streets or along certain specified street is, except subject to such reasonable regulations as he may prescribe in that behalf;
(f) prohibiting the setting fire to or burning any straw or other matter, or lighting a bonfire, or want only  discharging

1.             Subs. by Act VIII of 1895, for “two”.

2.             Subs. ibid, for “three”
3.             Add. by W.P. Act V of 1956.
POLICE                                1861 : Act V


a firearm or air gun, or letting off or throwing a fire­work, or sending up a fire balloon in or upon or within fifty feet of a street or building or the putting up of any post or other thing on the side of or across a street for the purpose of affixing thereto Umps or other contri­vances for illumination, except subject to such reasonable regulations as he may prescribe in that behalf,

 

(g) prohibiting, except under such reasonable regulations as the Magistrate of the district may impose, the making of any excavation, the placing of building materials or other articles, or the fastening or detention of any horse or other animals in any street;
(h) prohibiting, save under such regulations as aforesaid, the exposure or movement in any street of persons or animals suffering from contagious or infectious diseases and the carcasses of animals or part there of and the cor­pses of persons deceased;
(i) setting apart places for the slaughtering of animals, the cleaning of carcasses or hides, the deposit of noxious or offensive matters, and for obeying calls of nature:
(j) in cases of existing or apprehended epidemic or infections diseases of men or animals, with respect to cleanliness and disinfections of premises by the occupier thereof an d residents therein, and as to the segregation and management of the persons or animals diseased or suppos­ed to be diseased, as may have been directed or approved by the Provincial Government with a view to prevent the disease or to check the spreading thereof;
(k) directing the closing or discuses, wholly or for certain pur­poses, or limiting to certain purposes only the use of any source, supply or receptacle of water, and providing against pollution of the same or of the water therein;
(l) regulating the hours during which and the manner in which any place for the disposal of the dead, any Sarai, village-gate or other place of public resort may be used, so as to secure the equal and appropriate application of its advantages and accommodation and to maintain orderly conduct amongst those who resort thereto;
(m) regulating the movement of persons, animals and vehicles at such times and such places at which in the opinion of the Magistrate, special regulations may be necessary for the public safety and convenience : and
(n) prescribing the number or position of lights to be used on vehicles in streets and the hours between which such lights shall be used.

 

1861 : Act V                          POLICE

 

(2) Every regulation made under clause (/?) or made under clause (/) with respect to the use of a place for the disposal of the dead shall be framed with due regard to ordinary and established usages and to the necessities of prompt disposal of the dead in certain cases; and every rule or order made by the Magistrate of the district under clauses (c), (e), (f), (g), (h), (i) or (n) shall be published by affixing a copy thereof, in the language of the district on some public building in the town or place in which the same is to have operation and a copy, in the language of the district, of every rule or order made under clauses (a), (b), (j), (k), or (l) shall be kept affixed in a conspicous spot near to the building, structure, work or place to which the same specially relates.
(3) Every rule promulgated under the authority of clause (j) of sub-section (1) shall be forthwith reported to the Commissioner and shall be in force for not more than fifteen days unless extended by the Commissioner for a longer period and, in such case, for so long as the Commissioner directs.
(4) It shall be the duty of all persons concerned to conform to any order duly made as aforesaid so long as the same shall be in operation].

Punishment for certain offences on roads, etc.

 

 

Power of police officers:

34. Any person who, on any road or in any if open place or] street or thoroughfare within the limits of any town to which this section shall be specially extended by the 2[Provincial Government], commits any of the following offences, to the obstruction, inconven­ience, annoyance, risk, danger or damage of the presidents or passengers] shall, on conviction before a Magistrate, be liable to a fine not exceeding fifty rupees, or to imprisonment 4[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:—

Slaughtering cattle, furious riding etc

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;

Cruelty to animals

Second—Any person who want only or cruelly beats, abuses or tortures any animal;

1.             Ins, by Act VIII of 1895.

2.             Subs. for the words “Local Government” by A.O., 1937.
3.             Subs. by Act VIII of 1895, for “residents and passengers”
4.             Ins. by the Amending Act 1903 (I of 1903)
POLICE                                1861 : Act V


            Third—Any person who keeps any   cattle or conveyance of any kind standing longer than is required for loading or unloading or for taking up or setting down  passengers, or who leaves any conveyance such a manner as to cause inconvenience or  danger to the

Olstrcting passengers

            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 master to run
from any house, factory, dung-heap or the like.

Throwing dirt in to street

Sixth-Any person who is found drunk or riotous or who is incapable of taking care of himself.

Being found crunk orriotous.

Seventh— Any person who wilfully and indecently exposes 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 exposures of 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 places.

1[34-A.Whoever contravenes any rule or order made under section 33-A or abets the commission of any such offence shall be punished with fine which may extend to two hundred rupees].

Penalty for contravention of any rule or order made under section 33-A

2[34-B (l) A Court taking cognizance of an offence punish able under section 34 or section 34-A may state upon the summons to be served on the accused person that he—

Summary disposal of cases.

(a) may appear by pleader and not in person ; or
(b) may,  by a specified date prior to the hearing of the charge, plead guilty to the charge by registered letter remit to the Court such sum not exceeding : rupees as the Court may specify.

 

(2)The accused Person shall, if he pleads guilty to forward his licence if any, to the Court with a letter contain plea in order that the conviction may be endorsed on the licence

 

(3) Where an accused person pleads guilty and remits the sum specified and has complied with the provisions of sub-section (2) no further proceedings m respect of the offence shall be taken against

 

1.             Add. by W.P. Act V of 1956.

2.             Add. by W.P. Act XXVI of 1964.

1861 : Act V                          POLICE

 

him, nor shall be liable to be disqualified for holding  or obtaining a licence by reason of his having pleaded guilty].

Jurisdiction.

35. 1[* * * ] 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 2 Magistrate.

Power to prosecute under other 1.w 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 twice for the same offence.

Recovery of penalties and fines imposed by Magistrate.

            3[37. The provisions of sections 64 to 70, both inclusive, of the Pakistan Penal Code, and of sections 386 to 389, both inclusive, of the 4Code 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 (Vllt of 1895), s. 14.
39.    [Imprisonment of distress not sufficient] Rep. ibid.
40.    [Levy offines from European British subjects] 
41.    [Rewards to police and informers payable to General Police Fund]. Rep. by the A. O., 1937.

1.             The words “ In all cases of convictions under this act the officer trying the cases shall be limited to his of ordinary jurisdiction as to the amount of line or imprisonment which may inflict provided that, “where rep by the code of Criminal Procedure, 1882 (Act X of 1882).

2.             i.e., by a Magistrate of the class, see s. 3 (2) of the Code of Criminal Procedure, 1898 (Act V of 1898)
3.             Subs. by the police Act (1861) Amendment Act, 1895 (VIII of 1895)
4.             See now Act 5 of 1898.

POLICE                                 1861 : Act V

142. Ail actions and prosecutions against any person, 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:

Limitation of actions.

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.

 

No plaintiff shall recover in any such action if tender of sufficieut 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.

Tender of amends.

Provided always that no action shall in any case lie where such
officers shall have been prosecuted criminally for the same act.

Proviso

43.    When any action or prosecution shall be brought or any proceedings held against any police-officer for any act done   by J him in such capacity, it shall be lawful for him to plead   that such actwas 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 winch the party may have against the authority issuing such warrant shall not be affected by any thing contained in this section.       

Proviso

44.    It shall be the duty of every officer-in-charge of a police-station to keep a general diary in such form as shall, from time to time, P( be prescribed by the -2[Provincial Government.] and to record  therein ice all complaints and charges preferred, the names of all persons arrested, the names of the complainants, the offence-, charged   against them, the weapons or property that shall  ha'/e  been  token   from their possession or otherwise, and the name's of the witnesses who shall have been "examined.

Police officer to keep diary

1.             So such of s. 42 (the portion printed in italics) as rates to the limitation of suits was rep, by the Indian Limitation Act, 1871 (IX of 1871)

2.             Subs, for the words “Local Government”, by A.O., 1937.

1861 : Act V                          POLICE

 

The Magistrate of the district shall be at liberty to call f Or and inspect such diary.

Provincial Government may prescribe form of returns.

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

Scope of Act

2[46. (1) This Act shall not by its own operation take effect in 2[**] 4[The Province or any place or part thereof]. But the 1[Provincial Government] by an order to be published in the 5[Official Gazette] may extend the whole or any part of this Act to any 3[* * *] 4[Province or any place or part there of], and the whole or such portion of this Act as shall bespecified in such order shall thereupon take effect in such 3[* * *] province or place.

 

(2) When the whole or any part of this Act shall have been so extended, the [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 15-A 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 1[Provincial Government].

1.             Subs. for the words “Local Government”, by A.O., 1937.

2.             Subs. by the police Act (1861) Amendment Act, 1985 (VIII of 1895)
3.             The original word and comma “presidency”, omitted by the Central Laws (Statute reform)
4.             Subs. by N.W.F.P.A.L.O. 1975.
5.             Subs. by A.O. 1937, for Gazette of India.

 

POLICE                                 1861 : Act V

47.    It shall be lawful for the   '[Provincial   Government]  in carrying this Act into effect in any  part 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.

Authority of district superin- tendent of police over village police.

1.             Subs. for the words “Local Government” by A.O., 1937.

 

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