Criminology

Police Science and Law Enforcement

Legal Framework of Policing: Police Act of 1861

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 Role Name Affiliation
Principal Investigator Prof. G.S. Bajpai Professor/Registrar, NLU, New Delhi

Co-Principal Investigator

Paper Coordinator Dr. Mithilesh Narayan Assistant Professor, Sardar Patel

Bhatt University of Police, Security and
Criminal Justice, Jodhpur
Content Writer/Author Mrs. Sheetal Makhija Assistant Professor, Sardar Patel
University of Police, Security and
Criminal Justice, Jodhpur
Content Reviewer Dr. Deepshikha Agarwal Associate Professor
USLLS, GGS I P University,
Sector 16 C, Dwarka, Delhi

DESCRIPTION OF MODULE

Items Description of Module

Subject Name Criminology
Paper Name Police Science and Law Enforcement
Module Name/Title Legal Framework of Policing: Police Act of 1861

Module Id Crim/PSLE/VI Formatted: Font color: Auto

Objectives Learning Outcome:

 To make the learners understand about the Police Act 1861;

 To make the learners understand various Legal Framework of

Policing with respect to Police Act of 1861;

 To acquaint the learners with the Legal Framework of Policing

with respect to Police Act of 1861 and its relevance in the present
time.

Prerequisites General Understanding of various Legal Framework of Policing: Police

Act of 1861.

Key words Police, Jurisdiction, accountable, Cr.P.C., IPC, reforms

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 Legal Framework of Policing: Police Act of 1861

1. Introduction: It is the Constitutional duty of the State to provide an impartial and efficient police
service that will help to safeguard the interests of the people. As per the Indian Constitution,
policing is a state subject and hence the state Governments are responsible for providing an
efficient police force. Most of the states in India have separate legislations dealing with the
control of police in that state. According to Indian Police Act of 1861, Section 23,,
a. 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;
b. to collect and communicate intelligence affecting the public peace;
c. to prevent the commission of offences and public nuisances;
d. to detect and bring offences to justice and to apprehend all persons whom he is legally
authorised to apprehend, and for whose apprehension sufficient ground exists; and
it shall be lawful for every police-officer, without a warrant to enter and inspect, any drinking-shop,
gambling-house or other place of resort of loose and disorderly characters.The Indian Police Act of 1861
was legislated by the British right after the revolt of 1857 to bring in efficient administration of police in
the country and to prevent any future revolts. This act has continued despite India being transformed from
a British colony to a sovereign Republic.
Indian Police Act is the source for obtaining the state legislation on policing. This act made the police a
more efficient instrument in curbing, controlling and detection of crime and criminal activities. The Police
Act gives each State Government the power to establish its own police force.
2. Police Act of 1861 - 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:
2.1. Interpretation clause: The following words and expressions in this Act shall have the
meaning assigned to them, unless there be something in the subject of context repugnant to such
construction , that is to say-
i. the words “Magistrate of the district” shall refer to 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;
ii. the word “Magistrate” shall refer to all persons within the general police district, exercising all
powers of a Magistrate,
iii. the word “Police” shall refer to all persons who shall be enrolled under this Act;
iv. the word “general police-district” shall incorporate any presidency, State of place or any part of
any presidency, State or place in which this Act shall be ordered to take effect;
v. 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
State Government to perform all or any of the duties of a District Superintendent of Police under
this Act in any district;
vi. the word “property” shall mean any movable property, money or valuable security;
vii. the word “person” shall mean a company or corporation; the word “month” shall mean a
calendar month;
viii. the word “cattle” shall, besides horned cattle, include elephants, camels, horses, asses, mules,
sheep, goats and swine.

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 2.2. Constitution of the force: The entire police-establishment under a State Government shall,
for the purposes of this Act, be regarded as one police-force, it shall be formally enrolled; and shall
consist of such number of officers and men, and shall be constituted in such manner, as shall from time to
time be ordered by the State Government. [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 State Government.]
2.3. Superintendence in the State Government: The superintendence of the police throughout a
general police-district shall vest in and shall be exercised by the State Government ( district is subordinate
to state government), and except as authorized under the provisions of this Act, no person, officer of
Court shall be empowered by the State Government to supersede or control any police functionary.
2.4. Inspector-General of Police, etc.: The administration of the police through-out a general
police-district shall be vested in the Inspector-General of Police, and in such Deputy Inspectors-General
and Assistant Inspector-General, as the State 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 State Government shall consider necessary.
2.5. Powers of Inspector-General- Exercise of Powers: The Inspector-General of Police shall
have the full powers of a Magistrate throughout the general police-district,- however, he shall exercise
those powers subject to such limitation as may, from time to time, be imposed by the State Government.
2.6. Magisterial powers of police officers: [Rep. by the Code of Criminal Procedure, 1882 (10 of
1882), sec. 2 and Sch. 1(b)].
2.7. Appointment, dismissal, etc. of inferior officers: [Subject to the provisions of article 311 of
the Constitution, and to such rules] as the State Government may, from time to time, make under this Act,
the 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; or may award punishments to any police-officer [of the subordinate ranks] who shall be careless/
negligent in discharging his duty, or who by any act of his own, shall render himself unfit for the
discharge thereof. These punishments may be as follows:
i. Fine of any amount, not exceeding one month's pay;
ii. Confinement to quarters for a term not exceeding fifteen days, with or without punishment-drill,
extra Guard, fatigue or other duty;
iii. Deprivation of good-conduct pay;
iv. Removal from any office of distinction or special emolument.
2.8. Certificates to police officers: Every police-officer, 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.
Surrender of Certificate: Such certificate shall cease to be effective 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. 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.
2.9. Police-officers not to resign without leave or two months' notice: No police officer shall be
permitted 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

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of the District Superintendent, to resign his office, 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.
2.10. Police-officers not to engage in other employment: No police-officer shall engage in an
employment or office, whatever other than his duties under this Act, unless expressly permitted to do so
in writing by the Inspector-General.
2.11. Police superannuation fund: [Rep. by the Repealing Act, 1874 (16 of 1874), sec.1 and
Sch. Pt. I].
2.12. Power of Inspector-General to make rules: The Inspector-General of Police may, from
time to time, with the approval of the State Government,
frame such orders and rules as he shall deem expedient relative to the organisation, classification
and distribution of the police-force, the places at which the members of the force shall reside, and
the particular services to be formed 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 lime to lime,
deem expedient for preventing abuse or neglect of duty, and for rendering such force efficient in
the discharge of its duties.
2.13. Additional police-officers employed at cost of individuals: The Inspector-General of Police
or any Deputy Inspector- General or Assistant Inspector-General, or for the District Superintendent, may
lawfully, subject to the general direction of the Magistrate of the district, on the application of any person
showing the necessity thereof, depute any additional number of police-officers to maintain peace at any
place within the general police-district and for such time as shall he deemed proper. Such force shall he
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 expiry of such notice.
2.14. Appointment of additional force in the neighborhood of railway and other works:
Whenever any railway, canal or other public work, or any manufactory or commercial concern, shall be
carried 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 State 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. Quartering of additional police in disturbed or dangerous districts:
i. State Government can legally by proclamation to be notified in the Official Gazette, and in such
other manner as the State Government shall direct, 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.
ii. It shall, then be lawful for the Inspector-General of Police, or other officer authorised by the
State Government on it’s behalf, , to employ any police-force in addition to the ordinary fixed
complement, to be quartered in the area specified in such proclamation as aforesaid.
iii. 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.

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 iv. 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.
v. State Government is legally empowered to exempt any persons or class or section of such
inhabitants from liability to bear any portion of such cost.
vi. 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 time to time for a
further period or periods as the State Government may, in each case, think fit to direct.
Explanation: Under this section, "inhabitants" shall include persons who themselves or by their 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.
2.15.1. Awarding compensation to sufferers from misconduct of inhabitants or persons
interested in land:
i. If, in any area in regard to which any proclamation notified under the last preceding section is
enforced, 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 subdivision of a district within which such area is situated.
ii. It shall, thereupon, be lawful for the Magistrate of the district, with the sanction of the State
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 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 subsection, 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.
i. It shall be lawful for the State Government, by order, to exempt any persons or class or section of
such inhabitants from liability to pay any portion of such compensation.
ii. Every declaration or assessment made or order passed by the Magistrate of the district under sub-
section (2) shall be subject to revision by the Commissioner of the Division or the State
Government, but save as aforesaid, shall be final.
iii. No civil suit shall be maintainable in respect of any injury for which compensation has been
awarded under this section.
Explanation: In this section, the word "inhabitants" shall have the same meaning as in the last preceding
section.
2.16. Recovery of moneys payable under sections 13, 14, 15 and 15A, and disposal of same
when recovered:
i. All moneys payable under sections 13, 14, 15 and 15A 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 (10 of 1882) for the recovery of fines, or by suit in any competent Court.

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 ii. 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.
2.17. Special police-officers: When it shall appear that any unlawful assembly or riot or
disturbance of the peace has taken place, or there may be an apprehension, and that the police force
ordinarily employed for preventing the peace is not sufficient for its prevention 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
neighbourhood as such police-officer 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.
2.18. Powers of special police-officers: Every such special police-officer shall have 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 rue same authorities, as the ordinary officers of police.
2.19. Refusal to serve as special police-officers: If any person, being appointed as 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.
2.20. Authority to be exercised by police-officers: 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.
2.21. Village police-officers: 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 the Presidency of Fort William - If any police-officer appointed under Act
XX of 1856 (to make better provision for the appointment and maintenance of Police-chaukidars in
Cities, Towns, Stations, Suburbs, and Bazars in the Presidency of Fort William in Bengal) 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.
2.22. Police-officers always on duty and may be employed in any part of district: Every police-
officer shall, for all purposes in this Act contained, he considered to be always on duty, and may, at any
time, he employed as a police-officer in any part of the general police-district.
2.23. Duties of police-officers: 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;
o to collect and communicate intelligence affecting the public peace;
o to prevent the commission of offences and public nuisances;
o to detect and bring offences to justice and to apprehend all persons whom he is legally
authorised to apprehend, and for whose apprehension sufficient ground exists;
o 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.
2.24. Police-officer may lay information, etc: Any police-officer may legally lay any
information before a Magistrate and apply for a summon, warrant, search warrant or such other legal
process as may, by law, be issued against any person committing an offence.
2.25. Police-officers to take charge of unclaimed property and be subject to Magistrate's orders
as to disposal: It shall be the duty of every police-officer to take charge of all unclaimed property, and to

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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.
2.26. Magistrate may detain property and issue proclamation: 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.
2.27. Confiscation of property if no claimant appears: If no person shall, within the period
allowed, claim 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.
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 at the disposal of the State Government.
2.28. Persons refusing to deliver certificate, etc., on ceasing to be police officers: Every person,
having ceased to be an enrolled as police-officer under this Act, who shall not forthwith deliver up his
certificate, and the clothing, accounts, 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.
2.29. Penalties for neglect of duty, etc: Every police-officer who shall be guilty of any violation
of duty or willful breach or neglect of any rule or regulation of lawful order made by competent authority,
or who shall withdraw from the duties of his office without permission, or without having given previous
notice for the period of two months, [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.
2.30. Regulation of public assemblies and processions and licensing of the same: The District
Superintendent or Assistant District Superintendent of Police may, as occasion required, 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 times at which, such processions may pass.
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. 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 procession is to be permitted to take place, and otherwise giving effect
to this section: Provided that no fee shall be charged on the application for, or grant of any such license.
2.30.1. Powers with regard to assemblies and processions violating conditions of license: Any
Magistrate or District Superintendent of Police or Assistant District Superintendent of Police or Inspector
of Police or any police-officer in charge of a station may stop any procession which violates the
conditions of a license granted under the last foregoing section, and may order it or any assembly, which
violates any such conditions, as aforesaid, to disperse. 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.
2.31. Police to keep order on public roads, etc: It shall be the duty of the police to maintain law
and 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 obstruction 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

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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.
2.32. Penalty for disobeying orders issued under last three sections, etc: Every person opposing
or not obeying the orders issued under the last 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.
2.33. Saving of control of Magistrate of district: Nothing in the last four preceding sections shall
be deemed to interfere with the general control of the Magistrate of the district over the matters referred to
therein.
2.34. Punishment for certain offences on roads, etc: Powers of police officers.- Any person
who, on any road or in any open place or street or thoroughfare within the limits of any town to which
this section shall be specially extended by the State Government, commits any of the following offences,
to the obstruction, inconvenience, annoyance, risk, danger of damage of the residents or passengers shall,
on conviction before a Magistrate, be liable to a fine not exceeding fifty rupees, or to imprisonment 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 –
i. Slaughtering cattle, Curious riding, etc - 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;
ii. Cruelty to animal - Any person who wantonly or cruelly beats, abuses or tortures any animal;
iii. Obstructing passengers - 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 in such a manner as to cause inconvenience or danger to the public;
iv. Exposing goods for sale - Any person who exposes any goods for sale;
v. Throwing dirt into street - 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;
vi. Being found drunk or riotous - Any person who is found drunk or riotous or who is incapable of
taking care of himself;
vii. Indecent Exposure of Person - Any person who willfully 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 the purpose;
viii. Neglect to protect dangerous places - Any person who neglects to fence in or duly to protect any
well, tank or other dangerous place or structure.
2.35. Jurisdiction: 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 Magistrate.
2.36. Power to prosecute under other law not affected: 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.
2.37. Recovery of penalties and fines imposed by Magistrates: The provisions of sections 64 to
70, both inclusive, of the Indian Penal Code, (45 of 1860) and of sections 386 to 389, both inclusive, of
the Code of Criminal Procedure, 1882 (10 of 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.
2.38. Procedure until return is made to warrant of distress: Repealed by the Police Act (1861)
Amendment Act, 1895 (8 of 1895), sec. 14.

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 2.39. Imprisonment of distress not sufficient: Repealed by the Police Act (1861) Amendment
Act, 1895 (8 of 1895), sec. 14.
2.40. Levy of fines from European British Subjects: Repealed by the Police Act, 1895
Amendment Act, 1895 (8 of 1895), sec. 14/.
2.41. Rewards to police and informers payable to General Police Fund: Repealed by the A.D.
1937.
2.42. Limitation of actions: All actions and prosecutions against any person, which may be
lawfully brought for anything done or intended to be done under the provision 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 amends 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.
2.43. Plea that act was done under warrant: When any action of 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. 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.
2.44. Police-officers to keep diary: 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 lime, be prescribed by the State
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 their possession or otherwise, and the names of the witnesses who shall have been
examined. The Magistrate of the district shall be at liberty to call for and inspect such diary.
2.45. State Government may prescribe form of returns: The State Government may direct the
submission of such returns by the Inspector-General and other police-officers as to such State
Government shall seem proper, and may prescribe the form in which such returns shall be made.
2.46. Scope of Act: This Act shall not, by its own operation, take effect in any presidency, State
or place. But the State Government by an order to be published in the Official Gazette, may extend the
whole or any part of this Act to any Presidency, State or place, and the whole or such portion of this Act,
as shall be specified in such order shall, thereupon, take effect in such presidency, State or place. When
the whole or any part of this Act shall have been so extended, the State Government may, from time to
time, by notification in the Official Gazette, make rules consistent with this Act-
i. 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;
ii. To prescribe the time, manner and conditions within and under which claims for compensation
under section 15A arc 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 inquiries, if necessary) which are
to be taken consequent thereon; and
iii. Generally, for giving effect to the provisions of this Act.
All rules made under this Act may, from time to time be amended, added to or cancelled by the State
Government.

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 2.47. Authority of District Superintendent of Police over village police: It shall be lawful for the
State Government in carrying this Act into effect in any part of the territories subject to such State
Government, to declare that any authority which now is or may be exercised by the Magistrate of the
district over any village-watchmen 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.

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