THE POLICE ACT, 1861

Comprehensive Notes for UP APO

Examination
Act No. 5 of 1861 | Enacted: 22nd March, 1861
As adapted and amended for Uttar Pradesh

Introduction
The Police Act, 1861 is a Central legislation that provides the framework for
organizing, regulating, and maintaining the police force in India[1]. This Act was
enacted during British rule and continues to govern police administration across
Indian states, including Uttar Pradesh, with state-specific adaptations and
amendments[2].

Constitutional Basis
• "Police" falls under Entry 2, List II (State List) of the Seventh Schedule
to the Constitution of India
• States have exclusive legislative power over police organization and
functioning
• The 1861 Act serves as the foundational central law, adapted by states

Applicability in Uttar Pradesh

The Act extends to the whole of Uttar Pradesh through notifications issued by
the State Government[1]. Key UP-specific amendments include:

• UP Act 10 of 1984: Substituted "Director-General-cum-Inspector-

General" for "Inspector-General" throughout
• UP Act 33 of 2001: Added Section 2A for civil aviation security
personnel
• UP Police (Amendment) Regulations, 2022: Updated procedural and
operational rules

Chapter I: Preliminary (Sections 1-

2)
Section 1: Title and Extent
• Short title: "The Police Act, 1861"
• Extends to whole of India (adapted state-wise)
• Comes into force on dates notified by State Government

Section 2: Constitution of Police Force

• State Government shall constitute one general police force for entire
state
• The police force shall be uniform in composition and organized under
regulations
• This ensures a unified command structure across the state
Exam Note: Section 2 establishes the principle of unified police administration
rather than fragmented local forces.

Chapter II: Organization and

Superintendence (Sections 3-12)
Section 3: Superintendence in State
Government
• Superintendence of the entire police force vests in the State
Government
• State Government exercises overall control and policy direction
• This establishes civilian supremacy over police

Section 4: Administration by Police Officers

(As amended by UP Act 10/1984)
The administration of police throughout the state is vested in:

Rank Designation (UP)

Director-General-cum-Inspector-
Level 1
General (DGP)

Deputy Inspector-General of Police

Level 2
(DIG)

Assistant Inspector-General of Police

Level 3
(AIG)
 Level 4 District Superintendent of Police (SP)

Assistant Superintendent of Police

Level 5
(ASP)

Table 1: Police Administrative Hierarchy in Uttar Pradesh

Important: The term "Inspector-General" has been replaced with "Director-
General-cum-Inspector-General" in UP through Act 10 of 1984[2].

Section 5: Powers of DGP as Magistrate

• The DGP may exercise powers of a Magistrate throughout the state
• State Government may impose restrictions on these powers
• Enables administrative efficiency in police operations

Section 6: Rank Assignment

• State Government assigns relative ranks to all police officers
• Determines hierarchy, seniority, and command structure
• Published in official gazette for transparency

Section 7: Dismissal and Punishment Powers

(Critical Section)
Officers with Punitive Authority: DGP, DIG, AIG, District SP, and Assistant SP

Punishments that can be imposed on subordinate officers:

1. Dismissal from service

2. Suspension from office
3. Reduction in rank
4. Fine (not exceeding one month's pay)
5. Confinement to quarters (with/without punitive work)
6. Deprivation of pay for specific period
Grounds for Punishment:

• Neglect of duty
• Violation of law
• Disobedience of superior orders
• Misconduct or inefficiency
Exam Tip: Section 7 is frequently asked. Remember the six types of
punishments and the hierarchy of officers who can impose them.
Section 8: Certificate of Office
• Every police officer below the rank of Deputy SP receives a certificate
of office
• Certificate issued by DGP or prescribed officer
• Vests the officer with powers, functions, and privileges of a police
officer
• Officer assumes duties upon receiving certificate

Section 9: Resignation Requirements

• Police officer cannot resign without giving 2 months' notice in writing
• Notice submitted to immediate superior officer
• Prevents sudden manpower shortage
• Breach may lead to legal consequences

Section 10: Prohibition on Other Employment

• Police officer cannot engage in any other employment without
permission
• Written permission required from DGP or State Government
• Ensures full-time commitment to police duties
• Violation constitutes misconduct under Section 7

Section 11: Vesting of Property

• All property used by police vests in the State Government
• Includes land, buildings, equipment, vehicles, arms, etc.
• State Government holds title and can dispose/transfer as needed

Section 12: Power to Make Rules

State Government can frame rules on:

• Places of residence for police officers

• Classification, rank, pay, and conditions of service
• Means of preventing neglect/abuse of duty
• Administration of clothing, necessaries, and equipment
• Description and maintenance of arms, accoutrements
• Inspection of police establishments
• Communication methods and records maintenance
• Any other matter for police organization and efficiency
Note: These rules are published in the Official Gazette and laid before the State
Legislature.

Chapter III: Additional and Special

Police (Sections 13-21)
Section 13: Additional Police at Individual's
Request
• State Government may depute additional police on request
• Purpose: Maintaining peace at specific locations (factories, estates, etc.)
• Cost borne by the individual making the request
• Officers have same powers as regular police

Section 14: Additional Police for

Railways/Public Works
• For protection of railways, canals, forests, public works
• Additional force provided at operator's expense
• State Government determines number and cost
• Essential for infrastructure security

Section 15: Additional Police in Disturbed

Areas (Important)
When an area is declared "disturbed":

• State Government can quarter additional police force

• Force stationed for maintaining public order and safety
• Cost recovered from inhabitants of the area (house tax, land revenue,
etc.)
• Magistrate determines cost apportionment
• Applies to villages, towns, or specific localities
Exam Point: This section is crucial for understanding police deployment in law-
and-order situations.

Section 15A: Compensation for Misconduct

• If additional police cause damage or misconduct
 • Compensation recoverable from police officers responsible
• Amount determined by inquiry and deducted from pay
• Protects inhabitants from police excesses

Section 16-18: Special Police Officers

Appointment Procedure:

• Magistrate may appoint special police officers during emergencies

• Temporary appointments for specific purposes (riots, disasters, events)
• Special officers have limited police powers
• Appointment terminates after purpose is fulfilled

Section 19: Penalty for Refusal to Serve

• Person appointed as special police officer who refuses: Fine up to ₹50
• Ensures cooperation during emergencies

Section 20: Armed Police for Custody

• State Government may raise armed police for prisoner custody
• Guards jails, courts, and escorts prisoners
• Separate from regular police force

Section 21: Village Watchmen (Chaukidars)

• Village watchmen/chaukidars not deemed police officers unless
enrolled
• Governed by separate local acts (UP Zamindari Abolition Act, Panchayat
Raj Act)
• Can be enrolled as police when needed

Chapter IV: Duties and Powers of

Police (Sections 22-28)
Section 22: Police Officer Always on Duty
(Critical)
• Every police officer is considered always on duty
• Liable to serve anywhere in the district without additional pay
• Can be employed beyond district in emergencies
 • No concept of "off-duty" for police
Exam Importance: Frequently asked—police officers have continuous duty
obligation.

Section 23: Duties of Police Officers (Most

Important Section)
Primary Duties:

1. Obey orders of superior officers and execute warrants

2. Collect and communicate intelligence affecting public peace
3. Prevent commission of offences and public nuisances
4. Detect and bring offenders to justice
5. Apprehend persons for whom arrest warrants issued
6. Apprehend proclaimed offenders and absconders
7. Investigate sudden/unnatural deaths
8. Take custody of property found under suspicious circumstances
9. Obtain and furnish information on criminal matters (as per CrPC
Section 160-161)
10. Collect information regarding persons intending to commit offences
11. Inspect places used for deposit of stolen property
12. Enter and inspect without warrant: public gambling houses, suspected
stolen property locations, places for sale of intoxicants in violation of law
Exam Strategy: Memorize all 12 duties—this is the most frequently tested
section in UP APO exams.

Section 24: Prohibition on Trade Involvement

• Police officers cannot engage in trade, business, or profit-seeking
activities
• Exceptions: buying necessaries for personal use, holding land under
previous title
• Ensures impartiality and prevents corruption

Section 25: Custody of Unclaimed Property

• Police take charge of property found under suspicious circumstances
• Includes lost/stolen goods, property from deceased persons
• Disposal per CrPC provisions (Section 457-458) or Magistrate's order

Section 26-27: Magistrate's Authority

 • Magistrate may order police to deliver property
• Police must comply and maintain records
• Appeals available to claimants

Section 28: Disputes Between Officers

• Jurisdiction disputes between police officers of different districts
• Resolved by common superior officer (DIG or DGP)
• Decision binding on both parties

Chapter V: Offences and Penalties

(Sections 29-35)
Section 29: Penalties for Police Officers
(Critical)
Offences by Police Officers:

1. Neglect of duty
2. Willful absence or breach of law
3. Refusal or neglect to obey orders
4. Cowardice in execution of duty
5. Violence against persons in custody (without justification)
Punishment: Fine up to 3 months' pay OR imprisonment up to 3 months OR
both

Exam Note: Distinguish between administrative punishments (Section 7) and

criminal penalties (Section 29).

Section 30: Regulation of Assemblies by SP

(Very Important)
SP's Powers:

• Regulate processions and assemblies in public streets/places

• Prohibit music and sounds near religious places during worship (if likely
to annoy worshippers)
• Prescribe routes for processions
• Issue licenses for assemblies likely to cause breach of peace
• Impose conditions to maintain public order
Key Point: This section empowers police to regulate public gatherings
proactively.

Section 30A: Unlawful Assembly

• Assembly in violation of Section 30 orders becomes unlawful
• Can be dispersed using reasonable force
• Members liable for prosecution under IPC Section 141

Section 31: Prevention of Obstructions

• Police may prevent obstructions in streets, thoroughfares
• Can remove encroachments causing public inconvenience
• Act reasonably and avoid unnecessary force

Section 32: Penalty for Disobedience

• Willful disobedience of Section 30 orders: Fine up to ₹200
• Summary trial by Magistrate
• Additional IPC provisions may apply (e.g., unlawful assembly, rioting)

Section 33: Magistrate's Overriding Authority

• Magistrate's orders override police regulation powers (Section 30-32)
• Maintains judicial control over executive police actions
• Ensures checks and balances

Section 34: Street Offences (Frequently

Asked)
Offences Punishable (arrest without warrant permitted):

1. Furious riding or driving in streets

2. Wilful mischief to public property
3. Cruelty to animals
4. Throwing dirt or causing nuisances
5. Public drunkenness or indecent behavior
6. Discharging firearms within cities without permission
Punishment: Fine up to ₹50 OR imprisonment up to 8 days

Note: Police can arrest without warrant for these offences.

Section 35: Abetment

 • Abetting police officers to commit offences: Same punishment as principal
offence
• Applies to civilians encouraging police misconduct

Chapter VI: Supplementary

Provisions (Sections 36-45)
Section 36: Protection from Suits
• No suit against police officer for acts done in good faith under this Act
• Protection extends to State Government for orders issued
• Requires 2 months' notice before filing suit
• Civil Court permission needed for prosecution

Section 37: Complaint Procedure

• Complaints against police: Made to Magistrate or superior officers
• State Government prescribes grievance redressal mechanism

Section 38: Penalty for False Charges

• Malicious or false complaint against police: Fine up to ₹200 OR
imprisonment up to 6 months
• Protects police from vexatious litigation

Section 39-41: Evidence and Certification

• Certificates signed by DGP/SP admissible as evidence
• Appointments, assignments, and postings presumed valid
• Reduces procedural challenges

Section 42-45: Miscellaneous

• Forms prescribed by State Government
• Savings clause: Previous actions remain valid
• Repeal of earlier enactments

UP-Specific Amendments (1984-

2026)
1. UP Act 10 of 1984 (Title Amendment)
Changes Made:

• Replaced "Inspector-General of Police" with "Director-General-cum-

Inspector-General of Police"
• Applied to Sections 4, 5, 7, 8, 12, 13, 14, 15
• Reflects modernized administrative structure

2. UP Act 33 of 2001 (Civil Aviation Security)

Section 2A Inserted (effective from notification):

• Civil aviation personnel at Lucknow Airport enrolled as special police

• Powers limited to airport premises and aircraft security
• Subject to DGP's control and regulations
• Addresses aviation security post-hijacking incidents

3. UP Police (Amendment) Regulations, 2022

Key Updates:

• Crime scene management and sketch preparation protocols

• Digital evidence handling procedures
• Witness protection guidelines
• Community policing integration
Note: These regulations update operational procedures, not core statutory
provisions.

4. Prakash Singh Judgment (2006) - Supreme

Court Directives
While not amending the 1861 Act directly, the Supreme Court in Prakash Singh
v. Union of India mandated:

• Establishment of State Security Commissions

• Fixed tenure for DGP (minimum 2 years)
• Police Complaints Authority at state/district levels
• Separation of investigation and law-and-order functions
Status in UP: Partial compliance; UP still primarily operates under adapted
1861 Act framework.
Important Case Laws (Exam
Relevance)
1. State of UP v. Manbodhan Lal Shrivastava
(1957)
• Police officers are always on duty (Section 22)
• No concept of off-duty hours for law enforcement

2. Prakash Singh v. Union of India (2006)

• Directed police reforms for autonomy and accountability
• Criticized outdated 1861 Act provisions
• Mandated institutional changes (still under implementation)

3. Joginder Kumar v. State of UP (1994)

• Police must follow CrPC arrest procedures strictly
• Section 23 duties must be exercised within constitutional limits
• Custodial violence violates Article 21

4. D.K. Basu v. State of West Bengal (1997)

• Guidelines for arrest and detention (linked to Section 29 violations)
• Arrest memo, medical examination, legal aid mandatory

Comparison with Modern Police

Acts
Model Police Act
Feature Police Act 1861
2006

Hierarchical (DGP to
Command Structure Same, with fixed tenure
Constable)

Administrative (via Independent

Accountability
superiors) Complaints Authority

Limited by Security
State Control Complete (Section 3)
Commission
 Combined with law- Separate investigation
Investigation
and-order wing

At government's Minimum 2 years for

Tenure Security
pleasure senior officers

Community Policing Not mentioned Integrated framework

Table 2: Police Act 1861 vs. Model Police Act 2006

Exam Insight: UP has not adopted the Model Police Act 2006; it continues
with the amended 1861 Act.

Key Statistics and Facts (UP

Context)
• Total Sections: 45 (including amendments)
• Chapters: 6
• Most Important for Exam: Sections 7, 15, 22, 23, 29, 30, 34
• UP Amendments: Act 10/1984 (title change), Act 33/2001 (airport
security)
• Police-to-Population Ratio in UP: Approximately 1:700 (as of 2024,
below national average of 1:500)
• DGP Tenure: Currently no fixed tenure in UP (unlike Prakash Singh
directive)

Exam Preparation Strategy

High-Weightage Topics
1. Section 23: Duties of police officers (all 12 points)
2. Section 7: Punishments and disciplinary powers
3. Section 30: Regulation of assemblies and processions
4. Section 22: Police always on duty
5. Section 15: Additional police in disturbed areas
6. Section 29: Offences by police officers
7. Section 34: Street offences with arrest powers

Common Question Patterns

 • MCQs: Specific section numbers, punishments, powers, amendments
• True/False: Constitutional provisions, duties, penalty amounts
• Case-based: Application of Section 23, 30, 34 in scenarios
• Short Answer: Comparison with Model Act, UP amendments, Prakash
Singh case

Mnemonics for Section 23 Duties

"OPDI APIC IP" (Remember the first letters):

• Obey orders
• Prevent offences
• Detect crimes
• Intelligence collection
• Apprehend offenders
• Proclaimed offenders
• Investigate deaths
• Custody of property
• Information (CrPC)
• Persons intending offences

Section-wise Weightage (Past Exam Analysis)

Section Frequency in UP APO Exams

Section 23 (Duties) Very High (80-90% papers)

Section 7 (Punishments) High (60-70% papers)

Section 30 (Assemblies) High (60-70% papers)

Section 22 (Always on duty) Medium (40-50% papers)

Section 34 (Street offences) Medium (40-50% papers)

Amendments (1984, 2001) Medium (30-40% papers)

Table 3: Section-wise Exam Frequency

Quick Revision Points

Must Remember Numbers
• 2 months: Resignation notice (Section 9)
 • 3 months: Maximum fine/imprisonment for police offences (Section 29)
• ₹50: Street offences fine; refusal to serve as special officer (Sections 19,
34)
• ₹200: Disobedience of assembly orders (Section 32)
• 8 days: Maximum imprisonment for street offences (Section 34)
• 6 months: False charges against police (Section 38)
• 12 duties: Listed in Section 23 (memorize all)
• 6 punishments: Section 7 (dismissal, suspension, reduction, fine,
confinement, pay deprivation)

Constitutional Linkages
• Article 246: Distribution of legislative powers (List II, Entry 2)
• Article 355: Centre's duty to protect states (police assistance)
• Article 21: Right to life (limits Section 23 powers)
• Article 19: Freedom of assembly (regulated by Section 30)

CrPC Cross-References
• Section 23: Links to CrPC Sections 41, 154, 157, 160, 161, 174
• Section 25: Links to CrPC Sections 457-458 (property disposal)
• Arrest Powers: Section 34 supplements CrPC arrest provisions

Practice Questions for Self-

Assessment
Multiple Choice Questions
Q1. Under Section 7, maximum fine that can be imposed on a
subordinate officer is:
(a) 15 days' pay
(b) 1 month's pay
(c) 2 months' pay
(d) 3 months' pay

Answer: (b) 1 month's pay

Q2. Police officers must serve notice of ____ before resignation:

(a) 1 month
(b) 2 months
(c) 3 months
(d) 6 months
Answer: (b) 2 months [Section 9]

Q3. In UP, "Inspector-General" has been replaced with:

(a) Director-General of Police
(b) Chief of Police
(c) Director-General-cum-Inspector-General
(d) Additional Director-General

Answer: (c) Director-General-cum-Inspector-General [UP Act 10/1984]

Q4. Section 23 lists how many primary duties of police officers?

(a) 8
(b) 10
(c) 12
(d) 15

Answer: (c) 12 duties

Q5. Fine for disobeying SP's order under Section 30 can be up to:
(a) ₹50
(b) ₹100
(c) ₹200
(d) ₹500

Answer: (c) ₹200 [Section 32]

True/False
1. Police officers are considered on duty only during their shift timings.
(False - Section 22: always on duty)

2. Village chaukidars are automatically deemed police officers. (False -

Section 21: only if enrolled)

3. UP Act 33 of 2001 added provisions for airport security personnel. (True

- Section 2A)

4. Maximum imprisonment for street offences under Section 34 is 15 days.

(False - 8 days maximum)

5. State Government has superintendence over police under Section 3.

(True)

Conclusion
The Police Act, 1861, despite being 165 years old, remains the operational law
for Uttar Pradesh Police. Understanding its provisions—especially Sections 7,
15, 22, 23, 29, 30, and 34—is crucial for the UP APO examination. Focus on UP-
specific amendments (1984, 2001, 2022) and the interface with CrPC and
Constitution. Regular revision of duties, penalties, and numerical facts ensures
strong performance in this topic.
References
[1] Ministry of Home Affairs, Government of India. (1861). The Police Act, 1861
(Act No. 5 of 1861).
[Link]

[2] Government of Uttar Pradesh. (1984). The Police (Uttar Pradesh

Amendment) Act, 1984 (UP Act 10 of 1984). UP Official Gazette.

[3] Government of Uttar Pradesh. (2001). The Police (Uttar Pradesh

Amendment) Act, 2001 (UP Act 33 of 2001). [Link]
police-uttar-pradesh-amendment-act-2001/1beb

[4] Government of Uttar Pradesh. (2022). Uttar Pradesh Police (Amendment)

Regulations, 2022. [Link]
amendment-regulations-2022/dcc1

[5] Supreme Court of India. (2006). Prakash Singh v. Union of India, (2006) 8
SCC 1. Landmark judgment on police reforms.

[6] Uttar Pradesh Police Official Website. (2024). Acts & Rules.
[Link]

[7] Latest Laws. (2025). Police Act, 1861 - Full Text.

[Link]
1861/

[8] Vidhi Judicial. (2025). UP Police Act One Liner Notes for Competitive Exams.
[Link]