Police Act, 1861

Background and evolution

After the Revolt of 1857, the British wanted a police force that would maintain order and protect colonial authority. The Police Commission of 1860 recommended a uniform, hierarchical, armed civil police under the control of the executive. The Police Act of 1861 created the system of an Inspector-General for each province, Superintendents for districts, and constables at police stations.

"Police" and "public order" are in the State List, so each state may have its own police law. After Independence, many states continued to use the 1861 Act or passed laws based closely on it. The National Police Commission (1977–81), the Ribeiro Committee (1998), the Padmanabhaiah Committee (2000), the Malimath Committee (2003) and the Soli Sorabjee Committee, which drafted a Model Police Act in 2006, all recommended modernisation.

Key features and provisions

• Superintendence (Section 3): the superintendence of the police throughout a general police district vests in and is exercised by the state government.
• Hierarchy (Section 4): an Inspector-General heads the force, and the district police are headed by a Superintendent under the general control and direction of the District Magistrate.
• Duties (Section 23): to obey lawful orders, collect intelligence affecting public peace, prevent offences and public nuisances, detect offenders and apprehend them.
• Punishment for neglect (Section 29): police officers can be punished for neglect of duty or cowardice.
• Regulation of assemblies (Section 30): police may regulate public assemblies and processions and require licences.
• Additional police (Section 15): costs of extra police posted in disturbed areas may be recovered from inhabitants.