Here the police live under different state governments and rules related to police are made by different state legislatures. Some central laws are also available for police across the country. This rule is enacted throughout India, it is called Police Act 1861. The purpose of this Act is to re-constitute the police and to make them more efficient instruments for determining and detecting crimes.
Despite this Act, different states have made police related acts in their own legislature to provide powers and duties to their police, such as Madhya Pradesh Police Manual in Madhya Pradesh, Tamil Nadu District Police Act in Tamil Nadu, Uttar Pradesh Uttar Pradesh Police Act is passed.
Provisions for punishment in rape case
who is the police
Under this Act, all persons recruited under the Police Act 1861 will be considered as police. This means that all the persons who are recruited for the police force under this Act come under the meaning of police.
Inspector General of Police
The post of Inspector General of Police is defined through the Act. Under Section 4 of the Act,
“The administration of police throughout the general police district shall be vested in an officer to be called the Inspector General of Police and such Deputy Inspector General and Assistant Inspector General officers to be called the Inspector General of Police and such Deputy Inspector General and Assistant Inspector General as the State Government may deem fit.
The administration of police throughout the local jurisdiction of a District Magistrate shall be vested in a District Superintendent and such Assistant District Superintendents as the State Government may consider necessary, under the general control and direction of such Magistrate.”
Inspector General’s authority
The Director General of Police has all the powers that an ordinary magistrate has, but he will exercise these powers within the limits established from time to time by the State Government.
Can a person who is not an advocate plead a case in court?
certificate to police officers
Under Section 8 of the Act , during the deployment of the police force, other officers like the Inspector General, as chosen by the Director General, give a certificate to the police officers there. The person receiving this certificate knows about the rights and privileges of the police.
When the person named in the certificate ceases to hold the post of police officer for any reason, such certificate becomes ineffective or the receiving police officer shall surrender his certificate to the competent police officer.
Right to dismiss additional officers
Inspector General of Police, Deputy Inspector General, Assistant Inspector General, District Superintendent has the power to dismiss, suspend, demote any officer of subordinate ranks at any time, if such subordinate officers are found lax, negligent in performing their duties or are not qualified for that post. Be understood.
What should the client do if the lawyer does not give the papers?
This right has been exercised subject to the rules framed from time to time by the State Governments under the Act relating to Article 311 of the Constitution.
Under this right, punishment can also be given for discharging one’s duty in a careless or negligent manner. The punishment may be as follows
- Fine of any rupee more than the salary of March 1st.
- Deprivation of salary forever.
- Removal from a position due to special or special achievement.
- No police officer can leave his post without giving two months prior notice.
- A police officer of any post of any level cannot leave his post without giving notice to the District Superintendent or the officer who is authorized to give such order. No police officer of any post can leave his post without giving notice to such officer, he should give 2 months’ prior notice. Letter will have to be given.
Police officers should not be employed in any other employment.
Under Section 9 of the Act, without the permission of the Inspector General of Police, police officers cannot be used for any purpose other than the use of this Act. As we know, teachers working in the Education Department are used for many other purposes. But police officers cannot be called for any other purpose unless the permission of the Inspector General is obtained.
Additional police officers employed at personal expense
Under Section 13 of the Act , the Inspector General of Police or any Deputy Inspector General or Assistant Inspector General or District Superintendent, while under the general direction of the Magistrate of the district or on the application of any person presenting his requirement that the system will be complete, within the general police district To maintain peace at any place and for such time as may be considered appropriate, any other number of police officers may be deputed; such police force shall otherwise be under the directions of the District Superintendent and the expenses thereof shall be borne by the person making the application.
This means that any person can apply to the Superintendent of Police to employ police force for the purpose of maintaining peace at a particular place, but the cost of this employment will be charged from the person making the application.
duties of police officer
- Under Section 23 of the Act, it is the duty of all police officers to always comply with all instructions and warrants given to them systematically through any competent authority.
- Collect hidden things that affect public peace. Provide information, take measures to eliminate crime and public nuisance. Report the criminals and bring before the court all those whom the authority is authorized to arrest and whom there is sufficient evidence to arrest.
- It shall be lawful for all police officers to enter without warrant and inspect any place other than a bar, gambling house or other place of gathering of corrupt persons for any of the functions mentioned in this section.
- Punishment to be given for not returning one’s certificate and all the material given for performing police duty due to absence from police post.
Section 28 of the Act
If a person recruited under this Act no longer holds the police post, he will have to return the certificate given to him while performing his duties and all the material which was necessary for the performance of his duty. If a person does not return the material then that person will be punished with imprisonment for 6 months.
यह भी पढ़ें: मुख्य कानूनी शब्दावली
Why are lawyers not allowed to advertise their work?
Penalties given to police officers
Under this Act, police officers are guilty of any misuse of their duties by intentionally violating or violating any rule or regulation made or following any systematic direction given by a competent authority, who, without permission, discharges the duties of his office. Resigns the post without giving a month’s notice or is absent on leave and does not report for duty on the expiry of such leave without proper work.
He who, without authority to give orders, engages in any scheme other than his police duties; He who is guilty of cowardice, or who does unlawful physical violence to any person in his own right, shall be tried before a Magistrate. If it happens, he will be punished with imprisonment with or without hard labor for an unlimited period of 3 months or both, along with a fine not exceeding 3 months’ salary.
Police officer has to keep a diary
It is the duty of the officer in-charge of all police stations to maintain a general diary in such document as may be prescribed by the State Government from time to time and to record all the complainants and crimes committed, the names of all the persons arrested, the details of the complainants. Mention the names, the charges against them, and the property which has been given to the agent in excess of his possession, the names of the witnesses who are examined. Magistrates of all districts have independent powers to call for such diaries and inspect them.
Under this Act, most of the powers to control the police are given to the head who performs the functions of the district. Efforts are made that the executive head, in his own opinion, can try to create public peace and provide security to the citizens of the state and protect their rights.
Different acts and rules are made under this Act by different states, but still this Act has the most importance because this Act gives guidelines in a way.
MP/MLA can practice law or not
In this article, we have given you detailed information about the Police Act 1861. If you have any questions related to this article, then you can ask through comments, we will respect your feedback.