Chapter 1
Police Act, 1861
The following words and expressions in this Act shall have the meaning assigned to them, unless there be something in the subject or context repugnant to such construction, that is to say--
the words "Magistrate of the district" shall mean the chief officer charged with the executive administration of a district and exercising the powers of a Magistrate, by whatever designation the chief officer charged with such executive administration is styled:
the word " Magistrate" shall include all persons within the general police-district, exercising all or any of the power of a Magistrate:
the word "police" shall include all persons who shall be enrolled under this Act:
the words "general police-district" shall embrace any1 presidency, 2 [State] or place, or any part of any presidency, 3 [State] or place, in which this Act shall be ordered to take effect:
4 [the words "District Superintendent" and "District Superintendent of Police" shall include any Assistant District Superintendent or other person appointed by general or special order of the 5[State] Government] to perform all or any of the duties of a District Superintendent of Police under this Act in any district:]
the word "property" shall include any moveable property money, or valuable security:
6 * * * * *
the word "person" shall include a company or corporation:
the word "month" shall mean a calendar month:
7 the word "cattle" shall, besides horned cattle, include elephants, camels, horses, asses, mules, sheep, goats and swine.
8 [References to the subordinate ranks of a police force shall be construed as references to members of that force below the rank of Deputy Superintendent.]
Footnote
1. Short title given by the Indian Short Titles Act, 1897 (14 of 1897).
This Act has been applied to
the Sonthal Parganas by the Sonthal Parganas Settlement Regulation,1872 (3 of 1872), s. 3;
the Town of Calcutta and its suburbs, with modifications by the Calcutta Police Act, 1898 (Ben.1 of 1898);
the Khondmals District by the Khondmals Laws Regulation, 1936 (4 of 1936), s. 3 and Schedule;
the Angul District by the Angul Laws Regulation, 1936 (5 of 1936), s. 3 and Schedule; and
the areas transferred to Orissa from the Madras Presidency, by the Orissa Laws Regulation, 1936 (1 of 1936).
It has been declared, by notification under section 3 (a) of the Scheduled Districts Act, 1874 (14 of 1874), to be in force in the following Scheduled Districts, namely:
The District of Hazaribagh, Lohardaga (now the Ranchi District, see Calcutta Gazette, 1899 Part I, p.44) and Manbhum and Pargana Dhalbhum and the Kolhan in the District of Singhbhum, see Gazette of India, 1881, Part I p.504, and the Porahat Estate in the Singhbhum District, see Gazette of India, 1897, Part I, p 1059.
It has been extended, by notification under s. 5 of the same Act, to the Kumaon and Garhwal Districts, see Gazette of India, 1891, Part I, p.185, and (with the exception of s. 5) to the Scheduled District of Coorg, see Gazette of India, 1914, Part II, p. 2347. Ss. 15, 15A, 16, 30, 30A, 31 and 32 have been extended to the Scheduled Districts in Ganjam and Vizagapatam, see Fort St. George Gazette, 1898, Part I, p.667, and Gazette of India, 1898, Part I, p. 873.The whole Act has been extended to the Amindivi Islands attached to the South Kanara District; see Fort St. George Gazette, 1935, Part I, p. 1202.
It has been extended to the Merged States and the States of Bhopal, Bilaspur, Himachal Pradesh and Kutch by the Merged States (Laws) Act, 1949 (59 of 1949), and to the States of Manipur, Tripura and Vindhya Pradesh by the Part C States (Laws) Act, 1950 (30 of 1950).
It has been extend to
(1) and brought into force in Dadra and Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1963, s. 2 and the First Schedule;
(2) Laccadive Minicoy and Amindivi Islands (w.e.f. 1-10-1967): vide Reg. 8 of 1965, s. 3 and Schedule;
(3) the whole of Madhya Pardesh by M.P. Act 23 of 1958 (when notified); and
(4) Goa, Daman and Diu with modifications, by Reg. 12 of 1962, s. 3 and the Schedule.
As to special enactments in force in Madras, Bombay and Lower Provinces of Bengal, and extensions of this Act under the power conferred by section 46, see notes to that section.
As to special enactments for Military, Frontier or Rural Police in force in certain parts of the States, see footnote to section 8.
As to the creation of special police-districts embracing parts of two or more Provinces and the extension to every part thereof the powers and jurisdiction of members of a police force belonging to any part of the States, see the Police Act, 1888 (3 of 1888).
The Act has been amended in its application to
the C.P. and Berar by C.P. and Berar Act 3 of 1937; Madras by Madras Act 13 of 1948; the U.P. by U.P. Acts 2 of 1939, 2 of 1944 and 32 of 1952; Punjab by E.P. Act 30 of 1948; Pondicherry by Pondicherry Act 7 of 1968; West Bengal by West Bengal Act 5 of 1973; Orissa by Orissa Acts 5 of 1976 and 34 of 1976 and Sikkim by Skkim Act 7 of 1980.
Repealed in its application to Bellary District by Mysore Act 14 of 1955.
2. Under s. 2 of Police Act, 1888 (3 of 1888), the Central Government may, notwithstanding this provision, create a special police-district, consisting of parts of two or more States.
As to Delhi State, see Gazette of India, 1912, Pt. I, p. 1105.
3. Subs. by the A.O. 1950, for "Province".
4. Ins. by Act 8 of 1895, s. 1.
5. Subs. by the A.O. 1950, for "Provincial Government" which had been subs. by the A.O. 1937, for "L.G."
6. The definitions relating to "number" and "gender" rep. By Act 10 of 1914, s. 3 and the Second Schedule.
7. Cf. Definition of "cattle" in s. 3 of the Cattle-trespass Act, 1871 (1 of 1871).
8. Ins. by the A.O. 1937.
