The Police Act, 1861
Key Provisions of the Police Act 1861
1. Definition
▪ Magistrate of the district: Chief officer— executive administration
▪ Police: All persons enrolled under this act
▪ General Police District: Any part of Bangladesh under the jurisdiction of this act
▪ District Superintendent: Person responsible for all or any of a District's duties by the
government's order.
2. Constitution of the force.
❖ Police officers and ordinary police employees are appointed by the government order and
considered POLICE.
❖ Police District: Establishes/divides as per necessity; combines two or more if needed.
❖ Members enrolled or appointed to one general police district may be employed in another
general district
Key Provisions of the Police Act 1861
4. Inspector-General of Police, etc.
➢Exercise the Powers in all police district; DIG or AIG
➢District Superintendent or Assistant Superintended
5. Powers of Inspector General
❑ The full powers of Magistrate throughout the general police
district;
Key Provisions of Police Act 1861 Cont…
7. Appointment dismissal, etc. of inferior officers.
❑ When Police discharge his duty in a careless or negligent manner or commit
crimes, superior officers give two types of punishments.
Minor Punishment
1. Warning
2. Punishment drills.
3. Additional Fatigue duty.
4. Reproach
5. Under close observation
6. Extra guard duty
7. Confinement to quarters, lines or
camp for a short term.
Major Punishment
1. Increment deduction.
2. Stopping salary increase
3. Promotion hold up
4. Black marks.
5. Demotion/ reduction in rank;
6. Long term Suspension
7. Compulsory retirement.
8. Dismissal from Police/Force.
Key Provisions of Police Act 1861 Cont…
8. Certificates to police officers.
❑Police will get an appointment letter/certificate— As POLICE
9. Police-Officer not to resign without leave or two months’ notice.
10. Police-officers not to engage in other employment.
12. Power of IGP to make rules.
❑ Frame any orders and rules as he shall deem expedient relative to the
organization/police forces.
13. Addl. Police officers employed at cost of individuals
❑ To depute any additional number of police officers to keep the peace at any
place within the general police district
Key Provisions of Police Act 1861 Cont.…
14-15 : Appointment of Additional Police force:
❑ Addition police force are the police who are deployed from other units of the
police in case of law-and-order deterioration in the police station area.
❑ Additional police are appointed by the Superintendent of Police from other police
units on the application of the officer in charge of the police station.
17, 18 & 19: Special Police:
❑ In case of the deterioration of law and order in the police station, a certain
number of residents of the neighborhood are appointed by the Magistrate based
on the police officer’s application. They are called special police.
❑ Special police will get same privileges, power and protection as like regular
Police Force.
❑ A fine of 50 Takas will be paid if any special police neglects his duty as called
upon.
Key Provisions of Police Act 1861 Cont…
20. Authority to be exercised by police-officers.
❑ Shall not exercise any authority/power
22. Police-officers always on duty and may be employed in any part of district
(24/7 Basis)
23. Duties of police officers.
• Execute all orders and warrants lawfully
• Collect intelligence and report to competent authority
• Prevent the commission of offences and public nuisances;
• Investigate and inquiry into crime and criminals
• Detect and bring offenders to justice.
• With/without a warrant, enter and inspect any drinking shop, gamming
house or other place of resort of loose and disorderly characters.
Key Provisions of Police Act 1861 Cont…
25. Police officers to take charge of unclaimed
property and be subject to magistrate’s order as
to disposal.
26. Magistrate may detain property and issue
proclamation.
Key Provisions of Police Act 1861 Cont…
27. Penalties for neglect of duty etc.: Negligence of Duty includes—
1. Any violation of duty or willful breach
2. Neglect of any rule / regulation or lawful order made by competent authority,
3. Withdraw from the duties of his office without permission, or without having
given previous notice for the period of two months.
4. Without reasonable cause, to report himself for duty on the expiration of such
leave
5. Engage in any employment other than his police duty, without permission.
6. Found guilty of cowardice,
7. Any unwarrantable personal violence to any person in his custody
Key Provisions of Police Act 1861 Cont…
27. Penalties for neglect of duty etc. (Cont.)
Punishment:
➢ Shall be liable, on conviction before a Magistrate
➢ A penalty not exceeding three months` pay,
➢ Imprisonment maximum three months with or without hard labor,
➢ or to both
Key Provisions of Police Act 1861 Cont.…
30. Regulation of public assemblies and processions and
licensing of same.
▪ 30 (A) - Powers with regard to assemblies and processions
violating conditions of license—
▪ Magistrate / SP / Addl. SP / O.C. / Inspector may stop any
processions.
▪ They may use any force to stop that processions
31. Police to keep order in public road etc.
Key Provisions of Police Act 1861 Cont…
34. Punishment for certain officers on roads, etc.
Police may arrest anyone without warrant in town area charged with
the following offenses/activities —
▪ Slaughtering cattle, furious riding, etc.
▪ Cruelty to animals
▪ Obstructing passengers
▪ Exposing goods for sale
▪ Throwing dirt into street
▪ Being found drunk or riotous
▪ Indecent exposure of person
▪ Neglect to protect dangerous places
Key Provisions of Police Act 1861 Cont…
34. Punishment for certain officers on roads, etc. (Cont.) —
Precondition for Police to arrest anyone without warrant in
town —
▪ Offences must be done within the jurisdiction of town.
▪ It must be disturbing for mass people
▪ Police shall be on duty
▪ Police must be in white dress / Uniformed
▪ Offence must be done in front of police
▪ Offence must be under the jurisdiction of Police Act-1861.
Key Provisions of Police Act 1861 Cont…
34. Punishment for certain officers on roads, etc. (Cont.) —
Punishment:
• Shall be liable, on conviction before a Magistrate
• A penalty not exceeding eight days,
• A fine not exceeding fifty taka
42. Limitation of actions
All the investigations and prosecution should be commenced within
3 months from receiving the complaint of the commitment of the
offence.
Key Provisions of Police Act 1861 Cont.…
44. Police-officer to keep diary— General Diary
• If there are any news/incidents in the police station, the police officer should
record it in the 200-page register known as General Diary.
• Note that this register is used in police stations, permanent or temporary
outposts.
➢ All complaints and charges preferred,
➢ The names of the complainants
➢ The names of all persons arrested
➢ The offences charged against them
➢ Record of loss properties or others
➢ The weapons or property that have been taken from their possession or otherwise,
➢ The names of the witnesses who shall have been examined.
➢ Division of duty and omissions are also recorded in the force.
Key Provisions of Police Act 1861 Cont.…
46. Scope of Act:
▪ This Act shall not by its own operation take effect in any place. But the
Govt. by official gazette may extend the whole or any part of this Act to
any place
▪ When the whole or any part of this Act shall have been so extended, the
Government notify through official Gazette, and can make rules
consistent with this Act.
▪ To regulate the procedure for Magistrates and police-officers in the
discharge of any duty imposed upon them
▪ All rules made under this Act may from time to time be amended, added
to or cancelled by the Government.
A critique of the Police Act 1861
❑ The colonial rule / the British time legislation.
❑ The police were also deliberately misused for political purposes
❑ Indiscriminate police arrests as a major source of corruption.
❑ Widespread politicization of the police, where increasing loyalty is owed to not
the law but to the ruling political elites.
❑ No Independent authority with the capacity to oversee or investigate police
use of force and misconduct
❑ The Police Act must be amended or replaced with legislation that reflects the
need of the changing times.
❑ The Act is weak in most of the parameters that govern democratic police
legislation.
Q&A