POLICE ACT 1861
POLICE ACT 1861
Last Updated: 18610322
Contents
PREAMBLE .
1 INTERPRETATIONCLAUSE
2 CONSTITUTION OF THE FORCE
3 SUPERINTENDANCE IN THE PROVINCIAL GOVERNMENT
4 INSPECTORGENERAL OF POLICE ETC
5 RELATIONSHIP OF DISTRICT SUPERINTENDENT OF POLICE WITHZILA NAZIM, ETC
6 MAGISTERIAL POWERS OF POLICE?OFFICERS
7 APPOINTMENT, DISMISSAL, ETC
8 CERTIFICATES TO POLICEOFFICER
9 POLICEOFFICE NOT TO RESIGN WITHOUT LEAVE OR TWO MONTHSNOTICE
10 POLICEOFFICERS NOT TO ENGAGE IN OTHER EMPLOYMENT
11 POLICE SUPERANNUATION FUND
12 POWER OF INSPECTORGENERAL TO MAKE RULES
13 ADDITIONAL POLICE OFFICERS EMPLOYED AT COST OFINDIVIDUALS
14 APPOINTMENT OF ADDITIONAL FORCE IN THE NEIGHBOURHOOD OFRAILWAY AND OTHER WORKS
15 OMITTED
16 OMITTED
17 SPECIAL POLICE OFFICERS
18 POWERS OF SPECIAL POLICEOFFICERS
19 OMITTED
20 AUTHORITY TO BE EXERCISED BY POLICEOFFICERS
21 OMITTED
22 POLICEOFFICERS ALWAYS ON DUTY AND MAY BE EMPLOYED INANY PART OF DISTRICT
23 DUTIES OF POLICEOFFICERS
24 POLICEOFFICERS MAY LAY INFORMATION, ETC
25 POLICE OFFICER TO TAKE CHARGE OF UNCLAIMED PROPERTY
26 DISTRICT SUPERINTENDENT] MAY DETAIN PROPERTY AND ISSUEPROCLAMATION
27 CONFISCATION OF PROPERTY IF NO CLAIMANT APPEARS
28 PERSONS REFUSING TO DELIVER CERTIFICATE, ETC, ON CEASING TOBE POLICEOFFICERS
29 PENALTIES FOR NEGLECT OF DUTY, ETC
30 REGULATION OF PUBLIC ASSEMBLIES AND PROCESSIONS ANDLICENSING OF SAME
30 A POWERS WITH REGARD TO ASSEMBLIES AND PROCESSIONSVIOLATING CONDITIONS OF LICENSE
31 POLICE TO KEEP ORDER IN PUBLIC ROAD, ETC
32 PENALTY FOR DISOBEYING ORDERS ISSUED UNDER LAST THREESECTIONS ETC
33 POWERS TO MAKE RULES REGARDING USE OF STREET, ETC
34 PUNISHMENT FOR CERTAIN OFFENCES ON ROADS, ETC POWER OFPOLICE OF OFFICER
34A Penalty for contravention of any rule or order made under section 33
34B Summary disposal of cases
35 JURISDICTION
36 POWER TO PROSECUTE UNDER OTHER LAW NOT AFFECTED
37 RECOVERY OF PENALTIES AND FINES IMPOSED BY MAGISTRATES
38 PROCEDURE UNTIL RETURN IS MADE TO WARRANT OF DISTRESS
39 IMPRISONMENT IF DISTRESS NOT SUFFICIENT
40 LEVY OF FINES FROM EUROPEAN BRITISH SUBJECTS
41 REWARDS TO POLICE AND INFORMERS PAYABLE TO GENERALPOLICE FUND
42 LIMITATION OF ACTION
43 PLEA THAT ACT WAS DONE UNDER WARRANT
44 POLICEOFFICERS TO KEEP DIARY
45 PROVINCIAL GOVERNMENT MAY PRESCRIBE FORM OF RETURNS
46 SCOPE OF ACT
47 AUTHORITY OF DISTRICT
FORM .
THE POLICE ACT
1ACT No.V OF 1861
[22nd March, 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 :‑
1.Interpretationclause. 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,‑
2[the word “Zila Nazim” shall mean an eleced person who heads the District Government under the local government law;]
1This Act has applied to__
Baluchistan by the British Baluchistan Laws Regulationn, 1913 (2 of 1913), s.3; and
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. (Upper Tanawal) (Excluded Area) Laws Regulation,1950.
The Excluded Area of Upper Tanawal other than Phulera__ see ibid., and declared to be in force in that area with effect from the 1st June, 1951, see N.W.F.P., Gazette, Ext.,__ see dated the 1st June, 1951.
It has been amended in its application to the Punjab by Punjab Act 12 of 1949 , and Punjab Ordinance 3 of 1948, and Punjab Act 13 of 1947.
As to special enactments in force in Bombay and Lower Provinces of Bengal, and extensions of this Act under the power conferred by s.46, see notes to that section. As to special enactments for Military, Frontier or Rural Police inn force in certain parts of the Provinces, etc., see note to s.8.
As to the creation of special policedistrict 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 Provinces and the Capital of the Federation, see the Police Act,1888 (3 of 1888).
It has also been extended by notification under article 7(1) (a) of the N.W.F.P. (Enlargement of the Area and Alterationn of Boundary) Order, 1952 (G.G.O.1 of 1952), to the added area described in the First Schedule to that order (with effect from the 7th Febraury, 1952), see N.W.F.P. Govt.Gazette, 1952, Pt.I.p.70.
It has also been extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950); and applied in the Federated Areas of Baluchistan, see Gazette of India, 1937, Pt.I., p.1499.
This Act has been amended in its application to the West Pakistan of Baluchistan by Baluchistan Act 3 of 1973,s.2 and Sch.
The Act has been amended in its application to West Pakistan except the Capital of the Federation and the Special Areas by West Pakistan Act 5 of 1956.
This Act has further been amended in its application to the Province of West Pakisan by the Police (West Pakistan Amendmenet) Ordinance, 1959 (25 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 Laws (Statute Reform) Ordinance, 1960 (21 of 1960) ,s.3 and 2nd Sch.
2Subs. By C.E.O.7 of 01, Art.2 (w.e.f 14801).
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 any, province or place, or 1any 2* province or place, or any part of any 2*, province or place in which this Act shall be ordered to take effect;
3[“ the words “District Superintended” and District Superintended of Police shall include an inspector General of Police appointed by the Provincial Government to head the police force in a district or, as the case may be, in Capital City District notified by the Provincial Government as a general police district.”]
word " property " shall include any moveable property, money or valuable security :
4 * * * * * * *
the word " person " shall include a company or corporation: the word " month " shall mean a calendar month:
5the word "cattle" shall, besides horned cattle, include elephants, camels, horses, asses, mules, sheep, goats and swine.
6[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. Constitution of the force. The entire police‑establishment under a 3[Provincial Government in a general Police district] shall, for the purposes of this Act, be deemed to be one 7police‑force, and shall be formally enrolled; and shall consist of such number of officers and men, and shall be constituted
1Under s.2 fo the Police Act, 1888 (3 of 1888), the Central Government may, notwithstanding this provision, create a special policedistrict, consisting of parts of two or more Provinces. The N.W.F.P. has been declared to be general policedistrict for the purposes of this Act, see the N.W.F.P. Law and Justice Regulation, 1901 (7 of 1901),s.13. 2The word “presidency” omitted byA.O., 1949,Sch. 3Subs. By A.O., 1937, for “L.G.”. 4The clauses relating to “number” and “gender” rep. by the Repealing and amending Act, 1914 (10 of 1914),s.3 and Sch II. 5Cf. definition of “cattle” in s.3 of the Cattletrespass Act, 1871 (1 of 1871). 6Ins. By A.O., 1937. 7See note appended to s.8, infra, as to enrolment of the policeforce in certain places.
in such manner, 1* * * as shall from time to time be ordered by the 2[Provincial Government] 3* * *.
4[Subject to the provisions of this Act the pay and all other conditions of service5 of members of the subordinate ranks of any police force shall be such as may be determined by the Provincial Government:]
9[Provided that in a general police district notified as City District, the police force shall be organized on functional basis:
Provided further that no recruitment or induction in the police force shall be made except in the rank of constable and Assistant SubInspector of Police.]
3.Superintendance in the Provincial Government. The superintendence of the police throughout a general police‑district shall vest in and 6* * * shall be exercised by the 2[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 2[Provincial Government] to 7*supersede or control any police functionary.
4. InspectorGeneral of Police etc. The administration of the police throughout a general police‑district shall be vested in an officer to be styled the InspectorGeneral of Police, and in such Deputy Inspectors‑General and Assistant Inspectors‑General as to the 2[Provincial Government] shall seem fit.
The administration of the police [in a district shall vest] in a District Superintendent and such Assistant District Superintendents as the Provincial Government shall consider necessary.
8* * * * * * *
9[5.Relationship of District Superintendent of Police with Zila Nazim, etc.__ (1) Subject to the provision of this Act, the District Police Officer shall be responsible to the Zila Nazim for police function under this Act, but shall not include administration of thhe district police, investigation of criminal cases, and police functions relating to prosecution, which shall rest with the police:
Provided that Zila Nazim may visit a police station to find out if any person is under unlawful detention and in appropriate cases may also direct action in accordance with law having regard to the facts and circumstances of the case.
(2) In case of a difference of opinion between the Zila Nazim and the Provincial Government on any matter concerning the district police, the decision of the provincial Government shall prevail.]
1The words “and the members of such force shall receive such pay” rep. by A.O., 1937. 2Subs. Ibid., for “L.G.”. 3The words “subject in the case of officers of the Indian Police of and above theh rank of Assistant Superintendent to the Control of the G.G. of India in C.” rep. ibid. 4Ins.ibid. 5For the Baluchistan Promotion and appointmenet Rules, 1952,see Gazette of Paksitan, 1952,Pt.VI,pp.185187. 6The words “subject in the case of officers of the Indian Police of and above the rank of Assistant Superintendant to the general control of the G.G. of India in C.” rep. , by A.O., 1937. 7The word “appoint” rep., ibid. 8The sentence “the InspectorGeneral and other officers above mentioned shall from time to time be appointed by the L.G. and may be removed by the same authority” was rep., ibid. 9Ins. added & subs. by C.E.O.7., of 01, Arts..35 (w.e.f. 14801).
6. [Magisterial powers of police‑officers.] Rep. by the Code of Criminal Procedure, 1882 (Act X of 1882).
7.Appointment, dismissal, etc. 1[Subject to such rules as the Provincial 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 ;
2[or may award any one or more of the following punishments to any police‑officer 3[of the subordinate ranks] who shall discharge his duty in a careless or negligent manner, or who by any 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 days, 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. Certificates to policeofficer.4Every police‑officer 5[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.6[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.
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.]
1Subs. ibid., for “the appointment fo all policeofficers other than those mentioned in section 4 of this Act shall, under such rules as the L.G. shall from time to time sanction, rest with the InspectorGeneral, Deputy Inspectors General, Assistant InspectorGeneral, and District Superintendents of Police who may, under such rules as aforesaid, at any time dismiss, suspend or reduce any police officer”. 2The second paragraph of s.7 was subs. For the words “or fine any policeofficer to any amount not exceeding one months pay who shall discharge his duty in a careless or negligent manner or who by any act of his own, shall render himself unfit for the discharge therof, by the Police Act (1861) Amendment Act, 1895 (8 of 1895),s.2. 3Ins. By A.O., 1937. 4As to enrolment, maintenance and discipline of__ (1) The Punjab frontier Policeofficers, see the Punjab Frontier Police officer regulation, 1893 (7 of 1893); (2) The Police establishment in municipal areas in the Punjab, see the Punjab Municipal Act, 1911 (Pujab 3 of 1911), 5Subs. By A.O., 1937, for “so appointed”. 6These two paragraph were subs., for the original paragraph by the Police Act (1861) Amendment Act 1895 (8 of 1895),s.3.
9. Policeoffice not to resign without leave or two months notice. 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, 1[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.]
10. Policeofficers not to engage in other employment. No police‑officer shall engage in any employment or office whatever other than his duties under this Act, unless expressly permitted to do so in writing by the Inspector‑General.
11. [Police superannuation fund.] Rep. by the Repealing Act, 1874 (XVl of 1874).
12. Power of InspectorGeneral to make rules. The Inspector‑General of Police may, from time to time, subject to the approval of the 2[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.
3[13 Additional Police officers employed at cost of individuals.__(1) On the application of any person, for the reasons to be recorded in writing, the District Superintendent may, subject to the approval of the InspectorGeneral, 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.
(2) The additional police officers reffered to in subsection (1) shall be exclusively under the order of the District Superintendent and the cost thereof shall be borne by person making the application:
Provided that it shall be lawful for the person making the application, on giving one month’s notice in writing to the District Superintendent, to require that the police officers so deputed shall be withdrawn; and such person shall be relieved from the cost of such additional force from expiration of such notice.]
14. Appointment of additional force in the neighbourhood of railway and other works. Whenever any railway, canal or other public work, or any manufactory or commercial concern shall be carried on, or
1The words in brackets shall be deemed to have been omitted for so long as the police (Resignaiton of office) Ordinance, 1942 (11 of 1942) remains in force. 2Subs. By A.O., 1937,for “L.G”. 3Subs. By C.E.O. 7 of 01, Art.6 (w.e.f. 14801).
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 1[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.* * * * * * *].
2[16.* * * * * * *].
17. Special police officers. 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 2[The District Superintendent of Police] to appoint so many of the residents of the neighbourhood as such police‑officers may require to act as special police‑officers for such time and within such limits as he shall deem necessary ; 2[* * *]
18. Powers of special policeofficers. 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 officers of police.
2[19.* * * * * * *].
3[20.Authority to be exercised by policeofficers. 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.
1Subs. By A.O., 1937,for “L.G.”. 2Omitted by C.E.O.7 of 01, Art.78 (w.e.f 1482001). 3For some cases in which the application of s.20 has been restricted, see section 2 of the Punjab Frontier PoliceOfficer Regulation, 1893 (7 of 1893).
1* * * * * * *
22. Policeofficers always on duty and may be employed in any part of district. 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.
23. Duties of policeofficers. It shall be the duty of every police‑officer promptly to obey and execute all 1[lawful] orders 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 whom 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, gaming‑house or other place of resort of loose and disorderly characters.
24. Policeofficers may lay information, etc. It shall be lawful for any police‑officer to lay any information before a Magistrate, and to apply for a summons, warrant, search‑warrant or such other legal process as may by law issue against any person committing an offence 2* * *.
1[25. Police officer to take charge of unclaimed property.___ (1) It shall be the duty of every police officer to take charge of all unclaimed property and to furnish an inventory to the District Superintendent of Police who shall send a copy of the inventory to the District Public Safety Commission.
(2) The District Superintendent shall be guided as to the disposal of unclaimed property by the orders of the District Public Safety Commission as may be given by it in this behalf.]
26. 1[District Superintendent] may detain property and issue proclamation. (1) The 1[District Superintendent] 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.
1 Omitted, Ins. & Subs. by C.E.O.7 of 01, Arts 1215 (w.e.f. 14801). 2The words “and to prosecute such person up to final judgment” were rep. by the Code of Criminal Procedure, 1882 (Act 10 of 1882).
1[(2) The provisions of section 525 of the 2[Code of Criminal Procedure, 1898 (Act V of 1898)], shall be applicable to property referred to in this section.]
3[27. Confiscation of property if no claimant appears.___ (1) 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 4[District Public Safety Commission.]
(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 5[at the disposal of the Provincial Government].]
28. Persons refusing to deliver certificate, etc., on ceasing to be policeofficers. Every person, having ceased to be an enrolled policeofficer 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.
29. Penalties for neglect of duty, etc. Every police‑officer who shall be guilty of any violation of duty or wilful breach or neglect of any rule or regulation or lawful order made by competent authority, or who shall withdraw from the duties of his office without permission, 6[or without having given previous notice for the period of two months], 7[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.
8[30. Regulation of public assemblies and processions and licensing of same. ‑(1) The District Superintendent or Assistant District Superintendent of Police may, as occasion requires, 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.
1 Ins. by the Police Act (1861) Amendment Act, 1895 (8 of 1895), s. 7. 2 Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and II Sch., for “Code of Criminal Procedure, 1882”. 3 Subs. by Act 8 of 1895, s. 8, for the original section. 4 Subs. by C.E.O 7 of 01, Art. 16 (w.e.f. 14801). 5 Subs. by A.O., 1937, for “at the disposal of Govt.”. 6 The words in brackets shall be deemed to have been omitted for so long as the Police (Resignation of Office) Ordinance, 1942 (11 of 19742) remains in force. 7 Ins. by the Police Act (1861) Amendment Act, 1895 (8 of 1895), s. 9. 8 Subs. ibid., s. 10, for the original section.
(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 a procession which would, in 1[this judgment, 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.
(3) 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.
Music in the streets. (4) He may also regulate the extent to which music may be used in the streets on the occasion of festivals and ceremonies.]
2[30A. Powers with regard to assemblies and processions violating conditions of license.‑ (1) 1[A] 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.
(2) 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.]
31. Police to keep order in public road, etc. It shall be the duty of the police to keep 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 obstructions 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 public worship, and in any case when any road, street, thoroughfare, ghat or landingplace may be thronged or may be liable to be obstructed.
32. Penalty for disobeying orders issued under last three sections etc. Every person opposing or not obeying the orders issued under the last 3[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.
1 Subs. & omitted by C.E.O. 7 of 01, Arts 1719 (w.e.f. 14801). 2 Ins. by the Police Act (1861) Amendment Act, 1895 (8 of 1895), s. 11. 3 Subs. ibid., s. 12, for “two”.
1[33A. Powers to make rules regarding use of street, etc.___(1) In any town or other place in which he thinks fit, the District Superintendent 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 for ___
(a) closing certain streets or places temporarily, in cases of danger from ruinous buildings or other cause, with such exceptions as shall appear reasonable;
(b) guarding against injury to persons and property 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 streets, except subject to such reasonable regulations as he may prescribe in that behalf;
(f) prohibiting the setting fire to or burning any straw or discharging a firearm or air gun, or letting off or throwing a firework, or sending up a fire balloon in or other matter, or lighting a bonfire, or wantonly upon or within fifty feet of a street or building or the butting up of any post or other thing on the side of or across a street for the purpose of affixing thereto lamps or other contrivances for illumination, except subject to such reasonable regulations as he may prescribe in that behalf;
(g) prohibiting, save under such reasonable regulations as the District Superintendent may impose, the making of any excavation the placing of building materials or other articles, or the fastening or detention of any hours or other animal in any street;
(h) prohibiting, save under such regulation as aforesaid, the exposure or movement in any street of persons or animals suffering from contagious or infectious diseases and the carcasses of animal or part thereof and the corpses of persons deceased;
(i) setting a part 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;
1 Subs. & omitted by C.E.O.7 & 01, Arts 1719 (w.e.f. 14801).
(j) in cases of existing or apprehended epidemic or infectious diseases of men or animals, with respect to cleanliness and disinfection of premises by the occupier thereof and residents therein, and as to the segregation and management of the persons or animals diseased or supposed to be diseased, as may 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 disuse, 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, villagegate 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 District Superintendent, 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.
(2) Every rule or order made under clause (h) or clause (i) with respect to the use of a place for the disposal of the dead shall be made 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 District Superintendent under clauses (c), (e), (f), (g), (h), (i), or (n) shall be published by affixing a copy thereof, in the language of 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 conspicuous 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 subsection (1) shall be forthwith reported to the Zila Nazim and shall remain in force for not more than fifteen days unless extended by the Zila Nazim.
(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.]
34. Punishment for certain offences on roads, etc Power of police of officer. Any persons who, on any road or in any 1[open place or] street or thoroughfare within the limits of any town to which this section shall be specially 2extended by the 3[Provincial Government], commits any of the following offences, to the obstruction, inconvenience, annoyance, risk, danger or damage of the 4[residents or passengers] shall, on conviction before a Magistrate, be liable to a fine not exceeding fifty rupees, or to imprisonment 5[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:__
First._ Slaughtering cattle, furious 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:
Second.‑Cruelty to animals. Any person who wantonly or cruelly beats, abuses or tortures any animal:
Third.‑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:
Fourth.‑Exposing goods for sale. Any person who exposes any goods for sale:
Fifth.‑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:
Sixth.‑ Being found drunk or riotous. Any person who is found drunk or riotous or who is incapable of taking care of himself:
Seventh.‑ Indecent exposure of person. 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:
Eight.‑ Neglect to protect dangerous place. Any person who neglects to fence in or duly to protect any well, tank or other dangerous place or structure.
1 Ins. by Act 8 of 1895, s. 13. 2 For list of the towns to which this section has been specially extended, see different Local Rules and Order, and Gazette of Punjab, 1955, Pt. I, p. 989. 3 Subs. by A.O., 1937, for “L.G.”. 4 Subs. by Act 8 of 1895, s. 13 for “residents and passenger”. 5 Ins. by the Amending Act, 1903 (1 of 1903), s. 3 and II Sch.
1[34A. Penalty for contravention of any rule or order made under section 33. Whoever contravenes any rule or order made under section 33A or abets the commission of any such offence shall be pubnished with fine which may extent to two hundred rupees.
34B. Summary disposal of cases.___(1) A Court taking cognizance of an offence pubishable under section 34 or section 34 A may state upon the summons to be served on the accused persons that he___
(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 and remit to the Court such sum not exceeding twentyfive rupees as the Court may specify.
(2) The accused person shall, if he pleads guilty to the charge, forward his licence, if any, to the Court with a letter containing his 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 subsection (2), no further proceedings in respect of the offence shall be taken against him, nor shall be liable to be disqualified for holding or obtaining a licence by reason of his having pleaded guilty.]
35. Jurisdiction. 2* * * 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 3Magistrate.
1 Ins. by C.E.O., 7 of 2001, Art. 21 (w.e.f. 140801). 2 The words “In all cases of convctions under this Act the Officer trying the case shall be limited to his ordinary jurisdiction as to the amount of fine or imprisonment which he may inflict: Provided that,” were rep. by the Code of Criminal Procedure, 1882 (Act 10 of 1882). 3 I. e., by a Magistrate of the first class, see s. 3 (2) of the Code of Criminal Procedure, 1898 (Act 5 of 1898).
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:
Proviso. Provided that no person shall be punished twice for the same offence.
1[37. Recovery of penalties and fines imposed by Magistrates. The provisions of sections 64 to 70, both inclusive, of the Pakistan Penal Code (XLV of 1860), and of sections 386 to 389, both inclusive, of the 2[Code of Criminal Procedure, 1898 , (Act V of 1898)], 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 (VIII of 1895), s. 14.
39. [Imprisonment if distress not sufficient.] Rep., ibid.
40. [Levy of fines from European British subjects.] Rep., ibid.u
41. [Rewards to police and informers payable to General Police Fund.] Rep. by the 3A. O., 1937.
442. Limitation of action. All 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 ;
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 amend shall have been made before such action brought, of 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:
1 Subs. by the Police Act (1861) Amendment Act, 1895 (8 of 1895), s. 14, for the original ss. 37 to 40. 2Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981, (27 of 1981), s. 3 and II Sch., for “Code of Criminal Procedure, 1882”. 3 See however, paragraph 4 of the India and Burma (Transitory Provisions) Order, 1937. Section 41 read as follows:___“All sums paid for the service of process by policeofficers, and all rewards, forfeitures and penalties or shares of rewards, forfeitures and penalties which by law are payable to informers shall, when the information is laid by a police officer, be paid into the General Police Fund. 4So much of s. 42 (the portion printed in italics) as relates to the limitation of suit was rep. by the Indian Limitation Act, 1871 (9 of 1871).
Proviso. Provided always that no action shall in any case lie where such officers shall have been prosecuted criminally for the same act.
43. Plea that act was done under warrant. When any action or 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:
Proviso. Provided always that any remedy which the party may have against the authority issuing such warrant shall not be affected by anything contained in this section.
44. Policeofficers 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 time, be prescribed by the 1[Provincial 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.
2* * * * * * *
45. Provincial Government may prescribe form of returns. The 1[Provincial Government] may direct the submission of such returns by the Inspector‑General and other police‑officers as to such 1[Provincial Government] shall seem proper, and may prescribe the form in which such returns shall be made.
1 Subs. by A.O., 1937, for “L.G.”. 2 omitted by C.E.O.7 of 01, Art. 22 (w.e.f. 14801).
1[46. Scope of Act.‑ (1) This Act shall not by its own operation take effect in any 2* province or place. But the 3[Provincial Government] by an order to by published in the 4[official Gazette] may extend5 the whole or any part of this Act to any 2* province or place, and the whole or such portion of this Act as shall be specified in such order shall thereupon take effect in such 2* province or place.
(2) When the whole or any part of this Act shall have been so extended, the 6[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 15A 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 6[Provincial Government].]
1 Subs. by the Police Act (1861) Amendment Act, 1895 (8 of 1895), s. 15 for the original section. 2 The original word and comma “presidency,” omitted by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955). In the Province of Sind there is a special Police Act, see the Bombay District Police Act, 1890 (Bom. 4 of 1890). For notification extending this Act under the power conferred by the original section 2: (i) Several district in the Punjab, see notification no. 971, dated 15th May, 1861 calcutta Gazette, 18th May 1861, P. 1302, and Punjab R. and O. For list of Provinces and District to which the Act has been extended by special enactments, see footnote 1 on P. 210, supra. 3Subs. by A. O., 1937, for “G.G.in C”. 4 Subs. ibid., for “Gazette of India”. 5 For extension of all the provisions of this Act (V of 1861) to (i) certain district in West Pakistan, see Gazette of West Pakistan 1955, ext., p. 60; (ii) the districts of kalat, kharan, lasbella and mekran, see Gazette of West Pakistan, 1959, ext., p. 297. For order extending section 34 of this Act to (i) the municipal limits of Haveli Wasavewala, see Gazette of West Pakistan, 1957, Pt. I., p. 493. (ii) The limits of towns of Shadipalli, Jamesabad, Samaro and Pithoro in Tharparkar district, see Gazette of West Pakistan, 1957, Pt. I, p. 656. (iii) the limits of town in the Khairpur district, viz., Khairpur, gambat and Ranipur, see Gazette of West Pakistan, 1958, Pt. I., p. 597. 6Subs. by A.O., 1937, for “L.G.”.
47. Authority of District. 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 con‑trot of the Magistrate of the district, by the District Superintendent of Police.
____
FORM
(See section 8)
A.B. has been appointed a member of the policeforce under Act V of 1861, and is vested with the powers, functions and privileges of a policeofficer.
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