Police Act, 1888
[Repealed]
[Act 3 of
1888]
[17th
February, 1888]
[1] [Repealed by Act 4 of 2018, S. 3 and Sch. II]
An Act to amend the law relating to the Regulation of Police
Whereas it is expedient to relax those provisions of Acts for the
regulation of police which restrict the employment of police-officers to the
presidency, province or place of the police-establishment of which they are
members; It is hereby enacted as follows:?
Section - 1. Title and extent.
(1) ???This
Act may be called the Police Act, 1888.
[2] [(2) It extends to the whole of India.] [3] [* * *]
[4] [(1-A)* * * * * *]
Section - [5][2. Constitution of police forces for special purposes.
(1)
Notwithstanding
anything in the Madras District Police Act, 1859, the Indian Police Act, 1861,
the Bombay District Police Act, 1890, or any Act relating to the police in any
Presidency-town,[6] the
Central Government may, by notification[7] in
the Official Gazette, create a special police district embracing parts of two
or more States, and extend to every part of the said district the powers and
jurisdiction of members of a police force belonging to [8] [a
State] specified in the notification.
(2)
Subject
to any orders which the Central Government may make in this behalf, members of
the said police force shall have, within every part of any State of which any
part is included in the said district, the powers, duties, privileges and
liabilities which, as police-officers, they have in their own State.
(3)
Any
member of the said police force whom the Central Government shall generally or
specially empower to act under this sub-section may, subject to any orders
which the Central Government may make in this behalf, exercise within any State
any part of which is included in the said district any of the powers of the
officer in charge of a police-station in that State, and when so exercising any
such powers, shall, subject to any such Order as aforesaid, be deemed to be an
officer in charge of a police-station discharging the functions of such an
officer within the limits of his station.
(4)
A
part of a State included in the said district shall not by reason of that
inclusion cease, for the purposes of any enactment relating to police to be
part of that State.]
Section - 3. Employment of police-officers beyond the State to which they belong.
Notwithstanding anything in any of the Acts mentioned or referred to in
the last foregoing section, but subject to any orders which the Central
Government may make in this behalf, a member of the [9] [police
force] of any [10] [State]
may discharge the functions of a police-officer in any part of [11] [any
other State] and shall, while so discharging such functions, be deemed to be a
member of the [12] [police
force] of that part and be vested with the powers, functions and privileges,
and be subject to the liabilities, of a police-officer belonging to [13] [that
police force].
Section - [14][4. Consent of State Government to exercise of powers and jurisdiction.
Nothing in this Act shall be deemed to enable the police of one State to
exercise powers and jurisdiction in any area within another State, not being a
railway area, without the consent of the Government of that other State.]
[1] Repealed by Act 4 of 2018, S. 3 and Sch. II,
dated 8-1-2018.
[2] Substituted by Act 62 of 1956, S. 2 and Sch.
[3] The word ?and? at the end of sub-section (2) and
sub-section (3) repealed by Act 10 of 1914, S. 3 and Sch. II.
[4] Section 1-A inserted by the A.O.
1950, omitted, by Act 3 of 1951, S. 3 and Sch.
[5] Substituted by the A.O. 1937, for the original
section as amended by Act 12 of 1891, S. 2 and Sch. II, Pt. I.
[6] E.g., the Madras City Police Act, 1888 (Mad. 3 of
1888), the City of Bombay Police Act, 1902 (Bom. 4 of 1902), and the Calcutta
Police Act, 1866 (Ben. 4 of 1866).
[7] For instances see Gazette of India, 1910,
Pt. I, p. 3; 1912, Pt. I, p. 1589; Gazette of India, Extraordinary, 1937, p.
672.
[8] Substituted by the A. O. 1948, for ?any part
of British India?.
[9] Substituted by the A. O. 1937, for
?police-establishment?.
[10] Substituted by the A. O. 1937, for
?Presidency, Province or place?.
[11] Substituted by the A. O. 1948, for ?British
India beyond the limits of the Province?.
[12] Substituted by the A. O. 1937, for
?police-establishment?.
[13] Substituted by the A. O. 1937, for ?that
establishment?.
[14] Inserted by the A. O. 1937, Cf. the Govt.
of India Act, 1935, Sch. VII, List I, Entry 39.