Updated: Thursday May 28, 2015/AlKhamis Sha'ban 10, 1436/Bruhaspathivara Jyaistha 07, 1937, at 08:05:53 PM

The Police Act, 1888

1Act No. III of 1888

 

An Act to amend the Law relating to the regulation of Police

[17th February, 1888]

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

 

1. Title and extent.-(1) This Act may be called the Police Act, 1888.

2[(2) It extends to the whole of Pakistan]; 3*

 

3*                    *                     *                     *                     *                     *                     *

4[2. Constitution of police forces for special purposes. -(1) Notwithstanding anything in 5*    *         *, the Police Act, 1861(V of 1861), 6*           *         *         7*        *         *,    the 8[Federal Government] may, by notification 9in the official Gazette, create a special police district embracing parts of two. or more Provinces, and extend to every part of the said district! the powers and jurisdiction of members of a police force belonging to any part of l0[Pakistan Bom. IV of 1890)] specified in the notification.

 

(2) Subject to any orders which the 8[Federal Government] may make in this behalf, members of the said police force shall

1 For Statement of Objects and Reasons, see Gazette of India, 1888, Pt. V, p. 130; for Report of the Select Committee, see ibid., 1888, Pt. IV, p. 8;

and for Proceedings in Council, see ibid., 1887, Pt. VI, p. 100, and ibid., 1888, pp. 37 and 40.

This Act has been declared to be in force in Balochistan by the British Balochistan Laws Regulation, 1913 (2 of 1913).

It has also been extended to the Leased Areas of Balochistan, see the Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950) ; and applied in the

Federated Areas of Balochistan, see Gazette of India, 1937, Pt. I, p. 1499.

2 Sub-section (2) as amended by A. O., 1949, Arts. 3(2) and 4, has been subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of

1960). s. 3 and 2nd Sch. (with effect from the 14th October, 1955).

3 The word “and” at the end of sub-section (2), and sub-section (3), were rep. by the Repealing and Amending Act, 1914 (10 of 1914), s. 3 and

Sch. II.

4 Subs. by A. O., 1937, for the original section as amended by the Amending Act, 1891 (12 of 1891).

5 The words and figures “the Madras District Police Act, 1859”, omitted by A. O., 1949, Sch.

6 Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and 2nd Sch.

7 The words “or any Act relating to the Police in any Presidency-tow, omitted, ibid.

8 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”.

9 For such notifications, see Gen. R. & O., and the Gazette of India, 1937, Extraordinary, dated 1st April, 1937, pp. 671 and 672, and ibid., Pt. I, pp. 873 and 1553.

10 Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from 14th October, 1955), for “the

Provinces and the Capital of the Federation” which had been subs. by A. O., 1949, Arts. 3(2) and 4, for “British India”.

have, within every part of any Province of which any part is included in the said district, the powers, duties,  privileges and  liabilities which,  as  police  officers, they  have  in  their  own Province.

 

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

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

3.  Employment of  police  officers  beyond  the  Province  to  which  they  belong. Notwithstanding anything in any of the Acts mentioned or referred to in the last foregoing section, but subject to any orders which the 2[Federal Government] may make in this behalf, a member of the 3[police force] of any 4[Province] may discharge the functions of a police-officer in any part of 5[Pakistan] beyond the limits of the 4[Province] and shall, while so discharging such functions, be deemed to be a member of the 3[police force of that part and be vested with the  powers,  functions  and  privileges,  and  be  subject  to  the  liabilities,  of  a  police -officer belonging to 6[that police force].

7[4. Consent of Provincial Government to exercise of powers and jurisdiction. Nothing in this Act shall be deemed to enable the police of one Province to exercise powers and jurisdiction in any area within another Province, not being a railway area, without the consent of the Government of that other Province.]

 

1 Subs. by F.A.O., 1975. Art. 2 and Table, for “Cetrnal Government”.

2 Subs. ibid., for “Central Government” which had been subs. by A. O., 1937. for “G. G. in C.

3 Subs. by A.O., 1937, for “police-establishment”.

4 Subs. ibid., for “presidency, province or place”.

5 Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955). for “the

Provinces and the Capital of the Federation” which had been subs. by A. O.,1949, Arts. 3 (2) and 4, for “British India”,

6 Subs, by A.O., 1937, for “that establishment”.

7 Ins. ibid., cf., the Govt. of India Act, 1935, Sch. VII. List I, entry 39.

 

Go to Index | LL. B. – I | LL. B. – II | LL. B. – III | LL. B. Directory | Home