[Tamil
Nadu Act 24 of 1859][2] [6th
September, 1859] An
Act for the better regulation, of the Police within the [3][State
of Tamil Nadu]. Whereas it is expedient to
make the Police-foree throughout the [4][State
of Tamil Nadu] a more efficient instrument [5][*
* * *] for the prevention and detection of crime, and to re-orgarize the
Police-force [6][*
* * *]. It is enacted as follows. The following words and
expressions in this Act shall have the meanings hereby assigned to them, unless there be something in
the subject or context repugnant to such construction (that is to say). the word “Magistrate” shall
include all persons, within their respective jurisdictions, exercising all or
any of the powers of a Magistrate; “Superior
Police. [7][the
expression “superior police” shall mean the Inspector-General of Police, Deputy
Inspectors- General of Police, District Superintendents of Police, Assistant
Superintendents of Police and Deputy Superintendents of Police; “Subordinate
Police. the
expression “subordinate police” shall mean all police-officers of and below the
rank of an Inspector]; “Police”.. [8][the
word “Police” shall include all persons appointed under this Act]; “General
Polios District”.. the
expression “General Police District” shall embrace all districts to which the
operation of this Act shall be extended; “Property”. the word “property” shall
include any [9][movable
property], money or valuable security; [10][xx.xxxxx] the word “person” shall
include company or corporation; “Month”
“Cattle”.—the word “month” shall
mean calendar month; the word “cattle” shall,
besides horned cattle, include elephants, camels, horses, asses, mules, sheep, goats and swine. [Repeal and amendment of
certain Acts.] Re/p. by the, Repealing Act, 1870 (Central Act XIV of 1870). [Jurisdiction of officers
appointed under Mad. Reg. XI of 1816]. Rep. by the Repealing Act, 1870 (Central
Act XIV of 1870). The superintendence of the
Police throughout the General Police District shall vest in, and be exercised
by the [11][State
Government] and, except as authorized by [12][them]
under the provisions of this Act, no person, officer or Court shall be
empowered to [13][xx.xxxxx]
supersede or control any police-functionary, any Regulation, Act or usage to
the contrary notwithstanding. The administration of the
Police throughout the General Police District shall be vested in an officer to
be styled the Inspector-General of Police for the [14][State
of Tamil Nadu], and in such [15][superior
police officers] as to the [16][State
Government] shall seem fit [17][*
* *]. All powers not inconsistent
with the provisions of this Act which up to the passing of this Act belonged by
law to the existing Police-authorities shall be vested in the
Polioe-authorities appointed under this Act Provided always that no Police-functionary
so appointed shall possessor exercise any judicial or revenue authority. The Inspector-General of
Police shall be appointed a Justice of the Peace; he shall also have the full
powers of a Magistrate throughout the General Police District, but shall
exercise these powers subject to such orders as may from time to time be issued
by the [18][State
Government]. The [19][State
Government] may vest any District Superintendent of Police with all or any of
the powers of a Magistrate within such limits as [20][they]
may deem proper ; but such Superintendent shall exercise the powers with which
he shall be so invested only so far as may be necessary for the preservation of
the peace, the prevention of crime, and the detection, apprehension and
detention of offenders in order to their being brought before a Magistrate, and
as far as may be necessary for the performance of the duties assigned to him by
this Act.District Superintendent may be
Magistrate. His powers. The entire
Police-establishment of the [21][State
of Tamil Nadu] shall for the purposes of this Act be deemed to be one
Police-force and shall be formally enrolled, and shall consist of such number
of officers and men, and shall be otherwise constituted in such manner, as
shall be from time to time ordered by the [22][State
Government] [23][*
*]. [24][The
pay and all other conditions of service of officers of the Subordinate Police
shall, subject to the provisions of this Act, be such as may be determined by
the [25](State)
Government]. The Inspector-General may,
from time to time, subject to the approval of the [26][State
Government], frame such orders and regulations as he shall deem expedient,
relative to the general government and distribution of the force, the places of
residence, the classification, rank and particular service of the members
thereof; their inspection ; the description of arms, accoutrements and other
necessaries to be furnished to them ; to the collecting and communicating intelligence
and information ; and all such other orders and regulations relative to the
said Police-force as the said Inspector-General shall, from time to time, deem
expedient for preventing abuse or neglect, and for rendering such force
efficient in the discharge of all its duties. [28](Subject to the provisions
of article 311 of the Constitution and to such rules) as the [29](State)
Government may, from time to time make under this Act, the Inspector-General,
Deputy Inspectors- General and District Superintendents of Police may at any
time dismiss, suspend or reduce to a lower post, or time scale, or to a lower
stage in time scale, any officer of the Subordinate Police whom they shall
think remiss or negligent in the discharge of his duty or otherwise unfit for
the same and may order the recovery from the pay of any such Police officer of
the whole or part of any pecuniary loss caused to Government by his negligence
or broach of orders.] Every person [30][appointed
as an Officer of the Subordinate Police] shall receive on his enrolment a
certificate (A) under the seal of the Inspector- General, by virtue of which he
shall be vested with the powers, functions and privileges of a Police- officer.
Such certificate shall case to have effect whenever the person named in it is
suspended or dismissed, or otherwise removed from employment in the
Police-force, and shall thereupon be immediately surrendered to his superior
officer, or other person empowered to receive it. The State Government, the
Inspector-General of Police or the Deputy Inspector-General of Police may
appoint any member of the Police Force appointed under the Travancore-Cochin
Police Act, 1951 (Travancore-Cochin Act II of 1952), as applied to the Kanyakumari
district and the Shencottah taluk of the Tirunelveli district to be a police
officer in the area to which this Act extends and thereupon such officer shall
exercise the powers and perform the duties and functions and shall be subject
to all the liabilities of a police officer under this Act.] It shall be lawful for
the [32][State
Government], if they shall think fit, on the application of any person showing
the necessity thereof, to [33][appoint]
any additional number of Police-officers to keep the peace at any place within
the General Police District, at the charge of the person making the
application, but subject to the orders or the [Inspector-General][34][or
Deputy Inspector-General] or District Superintendent and for such time as they
shall think fit; provided always that it shall be lawful for the person on
whose application such [35][appointment]
shall have been made, on giving one month's notice in writing to the
Inspector-General [36][or
Deputy Inspector-General] or District Superintendent, to require that the
officers so appointed-shall be discontinued : such person shall be relieved
from the charge of such additional force from the expiration of such notice. Whenever any railway, canal
or other public work shall be carried on, or be in operation, in any part of
the country, and it shall appear to the Inspector-General that the appointment
of an additional Police-force in such neighbourhood is rendered necessary by
the behaviour or reasonable apprehension of the behaviour of the persons
employed upon such work, it shall be lawful for the Inspector-General, with the
consent of the [37][State
Government], to direct the employment of such additional force, and to maintain
the same so long as such necessity shall continue ; and to make orders from
time to time upon the treasurer or other officer having the control or custody
of the funds of any Company carrying on such works, for the payment of the
extra force so rendered necessary as aforesaid. [38][All sums of money payable
under the two last preceding sections] shall be recoverable by suit in any
competent Court, or by distress and sale the goods of the defaulter under the
warrant of a Magistrate. When it shall appear that
any [39][unlawful
assembly or riot or disturbance of the peace] has taken place or may be
reasonably apprehended in any place, and that the ordinary officers appointed
for preserving the peace are not sufficient for its preservation, and for the
protection of the inhabitants, and the security of property in such place, it
shall be lawful for any Police-officer not below the rank of Inspector to apply
to the nearest Magistrate to appoint so many of the public or village servants,
or residents of the neighbourhood, as such Police-officer may require to act as
special Police-officers for such time and in such manner as he shall deem
necessary; and it shall be the duty of such Magistrate at once to comply with
such applications. Every special
Police-officer so appointed shall have the same powers, privileges and
protection, and be liable to all such duties and penalties, and be subordinate
to the same authorities, as the ordinary officers of Police. [40][He
shall receive a certificate in such form as the [41](State
Government) may determine, under the signature of the Magistrate who appointed
him.] If any person, being
appointed a special Folice-officer, as aforesaid, shall without sufficient
excuse neglect or refuse to serve as such, or to obey such lawful order or
direction as may be given him for the performance of his duties, he shall be
liable upon conviction before a Magistrate to a fine not exceeding fifty rupees
for such neglect, refusal or disobedience. No Police-officer shall be
at liberty to resign his office or withdraw himself from the duties thereof,
unless expressly allowed to do so in writing by the District Superintendent; or
unless he shall have given to his Superior officer 1wo months’ notice in
writing of his intention to do so. Nor shall any such Police-officer engage in
any employment or office whatovor, other than his duties under this Act,
unleash expressly permitted to do so in writing under the seal of the
Inspector-General. From and after the passing
of this Act, ovary person not being, or having ceased to be, a duly enrolled
Police-officer, who shall unlawfully assume any function or power belonging to
the Police, and who shall not forthwith deliver up his certificate, and all the
clothing, accoutrements and appointments, and other necessaries which may have
been supplied to him for the execution of his duty, or who shall have in his
possession any distinctive article of the dress or appointment directed to be
worn exclusively by the Police-force, without being able to account satisfactorily
for his possession thereof, or who shall put on the dress of any
Police-officer, or any dress designed to represent it, or to be taken for it,
or who shall otherwise personate the character or act the part of any
Police-officer for any purpose whatever, shall, in addition to any other
punishment to which he may be liable for any offence committed under the
assumed character, be liable on conviction before a Magistrate to a penalty not
exceeding two hundred rupees, or to imprisonment, with or without hard labour,
for a period not exceeding sis months or both. Every Police-officer shall,
for all purposes in this Act contained, be considered to be always on duty and
shall have the powers of a Police-officer in every part of the General Police
District. It shall be his duty to use his best endeavours and ability to
prevent all crimes, offences and public nuisances; to preserve the peace ; to
apprehend disorderly and suspicious characters; to detect and bring offenders
to justice; to collect and communicate intelligence affecting the public peace
; and promptly to obey and execute all orders and warrants lawfully issued to
him. [Offences
for which Police-officers may arrest without warrant: procedure on arrest:
rules regarding bail and recognizances: remands: power to enter drinking shops,
etc.: inspection of weights and measures: prohibition to receive complaints of
petty offences: powers to inform and prosecute : provisions regarding execution
of warrants and service of summonses: Police-officers not to use threats or
promises: obligation to tender assistance to Police-officers.] Rep. by Central
Act XVII of 1862. [Offences
for which Police-officers may arrest without warrant: procedure on arrest:
rules regarding bail and recognizances: remands: power to enter drinking shops,
etc.: inspection of weights and measures: prohibition to receive complaints of
petty offences: powers to inform and prosecute : provisions regarding execution
of warrants and service of summonses: Police-officers not to use threats or
promises: obligation to tender assistance to Police-officers.] Rep. by Central
Act XVII of 1862. [Offences
for which Police-officers may arrest without warrant: procedure on arrest:
rules regarding bail and recognizances: remands: power to enter drinking shops,
etc.: inspection of weights and measures: prohibition to receive complaints of
petty offences: powers to inform and prosecute : provisions regarding execution
of warrants and service of summonses: Police-officers not to use threats or
promises: obligation to tender assistance to Police-officers.] Rep. by Central
Act XVII of 1862. [Offences
for which Police-officers may arrest without warrant: procedure on arrest:
rules regarding bail and recognizances: remands: power to enter drinking shops,
etc.: inspection of weights and measures: prohibition to receive complaints of
petty offences: powers to inform and prosecute : provisions regarding execution
of warrants and service of summonses: Police-officers not to use threats or
promises: obligation to tender assistance to Police-officers.] Rep. by Central
Act XVII of 1862. [Offences
for which Police-officers may arrest without warrant: procedure on arrest:
rules regarding bail and recognizances: remands: power to enter drinking shops,
etc.: inspection of weights and measures: prohibition to receive complaints of
petty offences: powers to inform and prosecute : provisions regarding execution
of warrants and service of summonses: Police-officers not to use threats or
promises: obligation to tender assistance to Police-officers.] Rep. by Central
Act XVII of 1862. [Offences
for which Police-officers may arrest without warrant: procedure on arrest:
rules regarding bail and recognizances: remands: power to enter drinking shops,
etc.: inspection of weights and measures: prohibition to receive complaints of
petty offences: powers to inform and prosecute : provisions regarding execution
of warrants and service of summonses: Police-officers not to use threats or
promises: obligation to tender assistance to Police-officers.] Rep. by Central
Act XVII of 1862. [Offences
for which Police-officers may arrest without warrant: procedure on arrest:
rules regarding bail and recognizances: remands: power to enter drinking shops,
etc.: inspection of weights and measures: prohibition to receive complaints of
petty offences: powers to inform and prosecute : provisions regarding execution
of warrants and service of summonses: Police-officers not to use threats or
promises: obligation to tender assistance to Police-officers.] Rep. by Central
Act XVII of 1862. [Offences
for which Police-officers may arrest without warrant: procedure on arrest:
rules regarding bail and recognizances: remands: power to enter drinking shops,
etc.: inspection of weights and measures: prohibition to receive complaints of
petty offences: powers to inform and prosecute : provisions regarding execution
of warrants and service of summonses: Police-officers not to use threats or
promises: obligation to tender assistance to Police-officers.] Rep. by Central
Act XVII of 1862. [Offences
for which Police-officers may arrest without warrant: procedure on arrest:
rules regarding bail and recognizances: remands: power to enter drinking shops,
etc.: inspection of weights and measures: prohibition to receive complaints of
petty offences: powers to inform and prosecute : provisions regarding execution
of warrants and service of summonses: Police-officers not to use threats or
promises: obligation to tender assistance to Police-officers.] Rep. by Central
Act XVII of 1862. [Offences
for which Police-officers may arrest without warrant: procedure on arrest:
rules regarding bail and recognizances: remands: power to enter drinking shops,
etc.: inspection of weights and measures: prohibition to receive complaints of
petty offences: powers to inform and prosecute : provisions regarding execution
of warrants and service of summonses: Police-officers not to use threats or
promises: obligation to tender assistance to Police-officers.] Rep. by Central
Act XVII of 1862. [Offences
for which Police-officers may arrest without warrant: procedure on arrest:
rules regarding bail and recognizances: remands: power to enter drinking shops,
etc.: inspection of weights and measures: prohibition to receive complaints of
petty offences: powers to inform and prosecute : provisions regarding execution
of warrants and service of summonses: Police-officers not to use threats or
promises: obligation to tender assistance to Police-officers.] Rep. by Central
Act XVII of 1862. [Offences
for which Police-officers may arrest without warrant: procedure on arrest:
rules regarding bail and recognizances: remands: power to enter drinking shops,
etc.: inspection of weights and measures: prohibition to receive complaints of
petty offences: powers to inform and prosecute : provisions regarding execution
of warrants and service of summonses: Police-officers not to use threats or
promises: obligation to tender assistance to Police-officers.] Rep. by Central
Act XVII of 1862. [Offences
for which Police-officers may arrest without warrant: procedure on arrest:
rules regarding bail and recognizances: remands: power to enter drinking shops,
etc.: inspection of weights and measures: prohibition to receive complaints of
petty offences: powers to inform and prosecute : provisions regarding execution
of warrants and service of summonses: Police-officers not to use threats or
promises: obligation to tender assistance to Police-officers.] Rep. by Central
Act XVII of 1862. [Offences
for which Police-officers may arrest without warrant: procedure on arrest:
rules regarding bail and recognizances: remands: power to enter drinking shops,
etc.: inspection of weights and measures: prohibition to receive complaints of
petty offences: powers to inform and prosecute : provisions regarding execution
of warrants and service of summonses: Police-officers not to use threats or
promises: obligation to tender assistance to Police-officers.] Rep. by Central
Act XVII of 1862. [Offences
for which Police-officers may arrest without warrant: procedure on arrest:
rules regarding bail and recognizances: remands: power to enter drinking shops,
etc.: inspection of weights and measures: prohibition to receive complaints of
petty offences: powers to inform and prosecute : provisions regarding execution
of warrants and service of summonses: Police-officers not to use threats or
promises: obligation to tender assistance to Police-officers.] Rep. by Central
Act XVII of 1862. [Offences
for which Police-officers may arrest without warrant: procedure on arrest:
rules regarding bail and recognizances: remands: power to enter drinking shops,
etc.: inspection of weights and measures: prohibition to receive complaints of
petty offences: powers to inform and prosecute : provisions regarding execution
of warrants and service of summonses: Police-officers not to use threats or
promises: obligation to tender assistance to Police-officers.] Rep. by Central
Act XVII of 1862. [Offences
for which Police-officers may arrest without warrant: procedure on arrest:
rules regarding bail and recognizances: remands: power to enter drinking shops,
etc.: inspection of weights and measures: prohibition to receive complaints of
petty offences: powers to inform and prosecute : provisions regarding execution
of warrants and service of summonses: Police-officers not to use threats or
promises: obligation to tender assistance to Police-officers.] Rep. by Central
Act XVII of 1862. [Offences
for which Police-officers may arrest without warrant: procedure on arrest:
rules regarding bail and recognizances: remands: power to enter drinking shops,
etc.: inspection of weights and measures: prohibition to receive complaints of
petty offences: powers to inform and prosecute : provisions regarding execution
of warrants and service of summonses: Police-officers not to use threats or
promises: obligation to tender assistance to Police-officers.] Rep. by Central
Act XVII of 1862. [Offences
for which Police-officers may arrest without warrant: procedure on arrest:
rules regarding bail and recognizances: remands: power to enter drinking shops,
etc.: inspection of weights and measures: prohibition to receive complaints of
petty offences: powers to inform and prosecute : provisions regarding execution
of warrants and service of summonses: Police-officers not to use threats or
promises: obligation to tender assistance to Police-officers.] Rep. by Central
Act XVII of 1862. [Offences
for which Police-officers may arrest without warrant: procedure on arrest:
rules regarding bail and recognizances: remands: power to enter drinking shops,
etc.: inspection of weights and measures: prohibition to receive complaints of
petty offences: powers to inform and prosecute : provisions regarding execution
of warrants and service of summonses: Police-officers not to use threats or
promises: obligation to tender assistance to Police-officers.] Rep. by Central
Act XVII of 1862. On the occasion of a fire,
any Police-officer above the rank of constable, or any member of the [43](Tamil
Nadu Fire Services) above the rank of fireman, may. (a) remove or order the removal
of any persons who by their presence, interfere with or impede the operations
for extinguishing the fire or for saving life or property; (b) close any street or passage
in or near which any fire is burning; (c) by himself or those acting
under his orders, break into or through, or pull down, or use for the passage
of hoses or other appliances, any premises for the purpose of extinguishing the
fire, doing as little damage as possible; (d) cause the mains and pipes
of any area to be shut off so as to give greater pressure of water in the place
where the fire has occurred; (e) call on the persons in
charge of any fire-engine to render such assistance as may be possible; and (f) generally, take such
measures as may appear necessary for the preservation of life and property. (g) Any damage done on the
occasion of fires by members of the [44](Tamil
Nadu Fire Services) or of any fire-brigade or by Police-officers or their
assistants in the due execution of their duties shall be deemed to be damage by
fire within the meaning of any policy of insurance against fire. But nothing in
this section shall exempt any Police-officer or any member of the [45](Tamil
Nadu Fire Services) or of any fire-brigade from liability to damages on account
of any acts done by him without reasonable cause.] (1) Any Police-officer not
below the rank of Deputy Superintendent of Police may, in the interests of
public order, depute by order in writing one or more Police-officers or other
persons to be present in any assembly, meeting or procession, in any public
place, for the purpose of causing a report to bo taken of the proceedings. [47][***] (2) Nothing in sub-section (1)
shall apply to any assembly or meeting of a purely religious character held in
a recognised place of worship, any assembly or meeting gathered together purely
for the purpose of taking part in sports, any procession on the occasion of any
wedding, funeral or similar domestic occurrence, or of any religious ceremony,
or to any public meeting held under any statutory or other express legal
authority, or to any public meeting or class of public meetings exempted for
that purpose by the State Government by general or special order. Explanation. For the purposes of this
section. (a) the words “assembly”,
“meeting” and “procession” include any assembly, meeting or procession which is
open to the public or to any class or portion of the public; (b) a place in which an
assembly or meeting is held may be a public place notwithstanding that
admission thereto may have been restricted by ticket or otherwise.] Whoever gives or causes to
be given to any fire-brigade or to any member thereof or to any member of
the [49](Tamil
Nadu Fire Services), whether by means of a street fire-alarm, statement,
message or otherwise, any alarm of fire which he knows to be false, shall be
liable on conviction to fine which may extend to fifty rupees. [50][Tamil
Nadu] Act III of 1888.Whoever
is convicted under this section, after having been previously convicted either
under this section or under section 62-A of the Madras City Police Act, 1888,
shall be liable to simple imprisonment for a period which may extend to six
months and shall also be liable to fine.] Every Police-officer who
shall be guilty of any violation of duty or [51][wilful
brooch or neglect. of any rule or regulation or lawful order made by competent
authority] or who shall cease to perform the duties of his office without
leave, or without having given two months notice as provided by this enactment,
or engage without authority in any employment other than his Police duty, or
who shall maliciously and without probable cause prefer any false, vexatious or
frivolous charge or information against any individual, or who shall knowingly
and wilfully and with evil intent exceed his powers, or shall be guilty of any
wilful and culpable neglect of duty, in not bringing any person who shall be in
his custody without a warrant before a Magistrate [52][as
provided by low], or who shall offer any unwarrantable personal violence to any
person in his custody, shall be liable on conviction before a Magistrate to a
penalty not exceeding there months pay, or to imprisonment with or without hard
labour not exceeding three months or both. Any Police-offices who
shall on any pretext, or lander any circumstance, directly or indirectly
collect or receive any foe, gratuity, diet-money allowance or recompense, other
them ho may be duly authorized by the inspector-General or other officer acting
under his order to collect or vrcorro shall, on conviction before a Magistrate,
be liable to a penalty not exceeding six months pay or to imprisonment, with or
without hard labour not exceeding six months, or both. Any Police officer who
Khali directly or in directly extort, ex-exe seek or obtain any bribe or
unauthorized reward or consideration, by any illegal threat or pretence, or for
doing or omitting or delaying to do any act which it may bo his duty to do or to
cause to be done, or for withholding or delaying any information which he is
bound to afford or to communicate, or who shall attempt to commit any of the
offences above said, or shall be guilty of cowardice, shall be liable, upon
conviction before a Magistrate, to a fine not exceeding twelve months’ pay, or
to imprisonment with or without hard labour not exceeding twelve months, or
both: Committal
by Magistrate of serious coses. Provided always that nothing in the three last preceding
sections shall be deemed to preclude the Magistrate from committing for trial
any cases of this nature too serious for his cognizance. If any person shall assault
or resist any Police- officer in the execution of his duty, or shall aid or
incite any other person so to do, or shall maliciously and without probable
cause prefer any false or frivolous charge against any Police-officer, such
person shall, on conviction of such offence before any Magistrate be liable to
a fine not exceeding fifty rupees, or to imprisonment, with or without hard
labour, not exceeding three months, or both. [Penalty for certain offences within limits of towns. Power to arrest
without warrant Slaughtering cattle, furious riding, etc.] Rep. by the [53](Tamil Nadu) Towns Nuisances Act, 1889 I[54] (Tamil Nadu) Act III of 1889]. [Regulation of public processions, etc., and of carriages and persons
and places of public resort. Regulation of use of music in street]. Rep. by Mad
Act V of 1896. Any charge against a
Police-officer above the rank of a constable under this Act shall be enquired
into and determined only by an officer exercising the powers of a Magistrate.] Nothing contained in this
Act shall be construed to prevent any person from being prosecuted for any
offence made punishable on conviction by this Act, or to prevent any person
from being liable under any other law, Regulation or Act to any other or higher
penalty or punishment than is provided for such offence by this Act : Provided
always that no person shall be punished twice for the same offence. Proviso [56]All fines and penalties
imposed, and all sums of money recoverable under the authority of this Act may,
in case of non-payment thereof, be levied by distress and sale of the [57][movable
property] of the offender by warrant of the Magistrate [58]xx.xxxxx. All actions and
prosecutions against any person, which may be lawfully brought for [59][anything
done or intended to be done, under the provisions of this Act, or under the
provisions of any other law for the time being in force conferring powers on
the police] shall be commenced within three months after the act complained of
shall have been committed and not otherwise ; and notice in writing of such
action and of the cause thereof shall be given to the defendant, or to the Superintendent
or other superior officer of the district in which the act was committed, one
month at least before the commencement of the action; and no plaintiff shall
recover Notice.—in any such
action, if tender of sufficient amends shall have been made before such action
brought or if a sufficient sum of money shall have been paid into Court after
such action, brought by or on behalf of the defendant; and though a decree
shall be given for the plaintiff in any such action, such plaintiff shall not
have cost against the defendant, unless the Judge, before whom the trial shall
be, shall certify his approbation of the action: Costs. Bar
to action. Provided
always that no action shall in any case lie where such officers shall have been
prosecuted criminally for the same act. When any action,
prosecution or proceeding shall be brought against any Police-officer for any
act done by him in such capacity, it shall be lawful for him to plead that such
act was done by him under the authority of a warrant issued by a Magistrate ; and
such plea shall be proved by the production of the warrant directing the act
and purporting to be signed by a Magistrate. And the defendant shall thereupon
be entitled to a decree in his favour, notwithstanding any defect of
jurisdiction in such Magistrate. And no proof of the signature of such official
shall be necessary, unless the Court shall see reason to doubt its being
genuine. Provided always that any
remedy which the party may have against the authority issuing such warrant
shall remain entire. (1) The [62][State
Government] may, by notification in the [63][Official
Gazette] extend to any town [64][or
any other local area in the State all or any of the provisions of the Madras
City Police Act, 1888, [65][*
* *] mentioned in the Schedule and may declare such extension to be subject to
such modifications as they think fit.[66][Tamil
Nadu] Act III of 1888. (2) The [67][State
Government] may, by notification in the [68][Official
Gazette] cancel or modify any such notification as is referred to in
sub-section (1)]. This Act shall take effect
in any and every such district as the [69][State
Government] shall appoint by notification published in the official gazette. [70][SCHEDULE [See section 64-A (1).] Definitions of
“imprisonment”, “Gaming” “Instrument of gaming”, “common gaining house” and
“conviction” [71][in
section 3]. sections 23, 24, 26, 28, 33, [72][41],
48, 50, [73][],
63, 64, G5 and 66, clauses (iii), [74],
(v), (vi), (vii), (viii), (x), (xiii), (xiv), (xv), (xvi), (xvii), [75][and
(xviii) of seotion 71] and sections 73, 74, 75, 77, 78, 79 and 80]. FORM A (See section 11) A.B. has been appointed a
member of the Police force under Act XXIV of 1859, and is vest with the powers, functions and privileges of
a Police officer. [1] These words were
substituted for the word “Madras” by the Tamil Nadu Adaptation of Laws Order,
1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order,
1969, which came into force on the 14th January 1969. [2] The short title, “The
Madras District Police Act, 1859” was given by the Repealing and Amending Act,
1901 (Central Act XI of 1901). This
Act was declared by the Laws Local Extent Act, 1874 (Central Act XV of 1874),
section 4 and the Second Schedule, to be in force in the whole of the State of
Tamil Nadu except the territories mentioned in the Sixth Schedule to that Act. As
to employment in the City of Madras of Police officers appointed under Central
Act XXIV of 1859, see the Madras City Police Act, 1888 (Tamil Nadu Act III of
1888), s. 16. The
Tamil Nadu District Police (Amendment) Act, 1865 (Tamil Nadu Act V of 1865),
and sections 3 and 4 of the Tamil Nadu Towns Nuisances Act, 1889 (Tamil Nadu
Act III of 1889), are to be read with, and taken as part of this Act. As
to power of Central Government to create a General Police District
(notwithstanding anything in this Act) and to direct the enrolment of a Police
force therein, see the Police Act, 1888 (Central Act III of 1888). This
Act was extended to the merged State of Pudukkottai by section 3 of, and the
First Schedule to, the Tamil Nadu Merged States (Laws) Act, 1949 (Tamil Nadu
Act XXXV of 1949). This
Act was extended to the Kanyakumari district and the Shencottah taluk of the
Tirunelveli district by section 3 of, and the First Schedule to the Tamil Nadu
(Transferred Territory) Extension of Laws Act, 1960 (Tamil Nadu Act 23 of
1960), which came into force on the 1st April 1961, repealing the corresponding
law in that territory. [3] This expression was
substituted for the expression “territories subject to the Presidency of Fort
St. George” by the Tamil Nadu Adaptation of Laws Order, 1970, which was deemed
to have come into force on the 14th January 1969. [4] This expression was
substituted for the expression “Madras Presidency” by ibid. [5] The words “at the
disposal of the Magistrate” were omitted by section 2 of the Madras District
Police (Amendment) Act, 1936 (Madras Act XXI of 1936). [6] The words “and
improve the condition of the village-police” were repealed by the Madras
Hereditary Village-offices Act, 1895 (Madras Act III of 1895). [7] These definitions
were substituted for the definition of “subordinate” by section 3(i) of the
Madras District Police (Amendment) Act, 1936 (Madras Act XXI of 1936). [8] This definition of
“Police” was substituted for the former definition by the Madras Hereditary
Village-offices Act, 1896 (Madras Act III of 1895). [9] These words were
substituted for the word “chattel” by section 3(ii) of the Madras District
Police (Amendment) Act, 1936 (Madras Act XXI of 1936). [10] The definition of
“Humber” and “Gender” was repealed by the Second Repealing and Amending Act,
1914 (Central Act XII of 1914). [11] The words “Provincial
Government” were substituted for the words “Governor in Council” by the
Adaptation Order of 1937 and the word “State” was substituted for “Provincial”
by the Adaptation Order of 1950. [12] This word was
substituted for the word “him” by the Adaptation Order of 1937. [13] The word “appoint”
was omitted by ibid. [14] This expression was
substituted for the expression “Prosidency of Madras” by the Tamil Nadu
Adaptation of Laws Order, 1970, which was deemed to have come into force on the
14th January 1969. [15] These words were
substituted for the word “subordinates” by section 4 of the Madras District
Police (Amendment) Act, 1936 (Madras Act XXI of 1936). [16] The words “Provincial
Government” were substituted for the words “Governor in Council” by the
Adaptation Order of 1937 and the word “State” was substituted for “Provincial”
by the Adaptation Order of 1950. [17] The words “who shall
from time to time be appointed by the Governor in council, and way by removed
by the same authority” were omitted by the Adaptation Order of 1937. [18] The words “Provincial
Government” were substituted for the words “Governor in Council by the
Adaptation Order of 1937 and the word “State” was substituted for “Provincial
by the Adaptation Order of 1950. [19] The words “Provincial
Government” were substituted for the words “Governor in Council by the
Adaptation Order of 1937 and the word “State” was substituted for “Provincial
by the Adaptation Order of 1950. [20] This word was
substituted for the word “he” by ibid. [21] This expression was
substituted for the expression “Madras Presidency” by the Tamil Nadu Adaptation
of Laws Order, 1970, which was deemed to have come into force on the 14th
January 1969. [22] The words “Provinoial
Government” were substituted for the words “Governor in Council” by the
Adaptation Order of 1937 and the word “State” was substituted for “Provincial”
by the Adaptation Order of 1950. [23] The words “subject to
the control of the Governor-General of India in Council” wore omitted by the
Adaptation Order of 1937. [24] This sentence was
inserted by ibid. [25] This word was
substituted for the word “Provincial” by the Adaptation Order of 1950. [26] The words “Provinoial
Government” were substituted for the words “Governor in Council” by the
Adaptation Order of 1937 and the word “State” was substituted for “Provincial”
by the Adaptation Order of 1950. [27] This section was
substituted for the original section by the Adaptation Order of 1937. [28] These words and
figures were substituted for the words srubjeot to uuoh ruleu “by tho
Adaptation (Third hnendmuvl Order of 1051. [29] This word was
substituted for the word “Provincial” by the Adaptation Order of 1950. [30] These words were substituted
for the words “so appointed” by the Adaptation Order of 1937. [31] This section was
inserted by the Madras Adaptation of Laws (Central Acts) Order, 1967. [32] The words “Provincial
Government” were substituted for the words “Inspector-General of Police or any
Deputy Inspector-General or any District Superintendent” by the Adaptation
Order of 1937 and the word “State” was substituted for the word “Provincial” by
the Adaptation Order of 1950. [33] This word was
substituted for the word “depute” by section 1 (iii) of the Madras District
Police (Amendment) Act, 1936 (Madras Act XXI of 1936). [34] These words were
substituted for the words “said Inspector General” by the Adaptation Order of
1937. [35] This word was
substituted for the word “deputation” by Motion 6(iii) ibid. [36] These words were
inserted by section 6(ii) of the Madras District Police (Amendment) Act, 1936
(Madras Act XXI of 1936). [37] The words “Provincial
Government” were substituted for the words “Governor in Council by the
Adaptation Order mi 1937 and the word “State” was substituted for “Provincial”
by the Adaptation Order of I960. [38] The word All moneys
paid in respect of such additional force as is mentioned in the two last
preceding sections shall be paid into a fund to be called “The General Police
Fund”, and shall be applied to the maintenance of the Police-force under suck
orders as the Governor in Council may pass, and all sums of money payable under
those sections” were omitted, and these words were inserted, by the Adaptation
Order of 1937. [39] These words were
substituted for the words “tumult, not or outrage” by section 7 of the Madras
District Police (Amendment) Act, 1930 (Madras Act XXX of 1936). [40] This sentence was
added by section 8, ibid. [41] The words “Provincial
Government” were substituted for the words “Local Government” by the Adaptation
Order of 1937. and the word “State” was substituted for “Proriaoial” by the
Adaptation Order of 1960. [42] This section was
inserted by section 3(i) of the Madras City Police and District Police
(Amendment) Act, 1947 (Madras Act VIII of 1947). [43] This expression was
substituted for the expression “Madras Fire Services” by the Tamil Nadu
Adaptation of Laws Order, 1970, which was doomed to have come into force on the
14th January 1969. [44] This expression was
substituted for the expression “Madras Fire Services” by the Tamil Nadu
Adaptation of Laws Order, 1970, which was doomed to have come into force on the
14th January 1969. [45] This expression was
substituted for the expression “Madras Fire Services by the Tamil Nadu
Adaptation of Laws Order, 1970, which was deemed to have come into force on the
14th January 1909. [46] This section was
inserted by the Tamil Nadu District Polios (Amendment) Act, 1963 (Tamil Nadu
Act 18 of 1963). [47] This section was
inserted by the Tamil Nadu District Polios (Amendment) Act, 1963 (Tamil Nadu
Act 18 of 1963). [48] This section was
inserted by section 3(i) of the Madras City Police and District Police
(Amendment) Act, 1947 (Madras Act VIII of 1947). [49] This expression was
substituted for the expression “Madras Fire Services” by the Tamil Nadu
Adaptation of Laws Order, 1970 which was deemed to have come into force on the
14th January 1969. [50] These words were
substituted for the word “Madras” by the Tamil Nadu Adaptation of Lawa Order,
1969 as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order,
1969, which came into force on the 14th January 1969. [51] These words wore
substituted for the words and figure wilful broach of any lawful order and
regalitions not punishable under section 10 of this Act by section 9 of the
Mutual District Police (Amendment) Act, 1036 (Madras Act XXI of 1930). [52] Those words wore
substituted for the words as herein before provided by the Adaptation (Third
Amendment) Order of 1951. [53] These words were
substituted for the word “Madras” by the Tamil Nadu Adaptation of Laws Order,
1069, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order,
1969 which came into force on the 14th January 1969. [54] These words were
substituted for the word “Madras” by the Tamil Nadu Adaptation of Laws Order,
1069, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order,
1969 which came into force on the 14th January 1969. [55] This section was
substituted for original section 50 by section 10 of the Madras District Police
(Amendment) Act, 1938 (Madras Act XXI of 1936). [56] See the Tamil Nadu
District Police (Amendment) Act, 1865 (Tamil Nadu Act V of 1805), s.I. [57] These words wore
substituted for the words “goods and chattels,” by section 11 of the Madras
District Police (Amendment) Act, 1936 (Madras Act XXI of 1936). [58] The words “in manner
provided by Act II of 1839 “were repealed by the Repealing Act, 1874 (Central
Act XVI of 1874). [59] Recovery be
Plaintiff.The words “either under the provisions of this Act or under the
provisions of any other law for the time being in force, conferring powers on
the police “were substituted for the words “under the provisions of this Act or
under the general Police-powers hereby given” by section 12 of the Madras
District Police (Amendment) Act, 1936 (Madras Act XXI of 1936) and the words in
square brackets were substituted for the words “anything done or intended to be
done, either under the provisions of this Act or under the provisions of any
other law for the time being in force, conferring powers on the police” by
section 3(ii) of the Madras City Police and District Police (Amendment) Act.
1947 (Madras Act VIII of 1947). [60] This section was
inserted by section 13 of the Madras District Police (Amendment) Act, 1936
(Madras Act XXI of 1936). [61] These words were
substituted for the word “Madras” by the Tamil Nadu Adaptation of Laws Order,
1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order,
1969, which came into force on the 14th January 1969. [62] The words “Provincial
Government” were substituted for the words “Local Government” by the Adaptation
Order of 1937 and the word “State” was substituted for “Provincial” by the
Adaptation Order of 1960. [63] These words were
substituted for the words “Fort St. George Gazette” by the Adaptation Order of
1937. [64] These words were
inserted by section 2 of the Tamil Nadu District Police (Amendment) Act, 1972
(Tamil Nadu Act 2 of 1973). [65] The words “and the
rules, orders and bye laws made thoroundor” were omitted, in so far as the
application of this Act to the added territories was concerned, by section 4
of, and the Second Schedule to, the Tamil Nadu (Added Territories) Extension of
Laws Act, 1962 (Tamil Nadu Act 14 of 1962). [66] These words were
substituted for the word “Madras” by the Tamil Nudu Adaptation of Laws Order,
1989, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order,
1989, which came into force on the 14th January 1969. [67] The words “Provincial
Government” were substituted for the words “Local Government” by the Adaptation
Order of 1937 and the “State” was substituted for “Provincial” by the
Adaptation Order of 1950. [68] These words were
substituted for the words “Fort St. George Gazette” by the Adaptation Order of
1937. [69] The words “Provincial
Government” were substituted for the words “Governor in Counoil” by the
Adaptation Order of 1937 and the word “State” was substituted for “Provincial”
by the Adaptation Order of 1950. [70] This Schedule was
added by section 14 of the Madras District Police (Amendment) Act, 1936 (Madras
Act XXI of 1936). [71] These words and
figure were substituted for the words and figure “in section 1” by the Second
Schedule to the Madras Repealing and Amending Act, 1938 (Madras Act XIII of
1938). [72] These figures worn
insorted by section 3 of the Tamil Nadu District Police (Amendment) Act, 1972
(Tamil Nadu Act 2 of 1973). [73] The figures “61” were
omitted by section 3(iii) of the Madras City Police and District Police
(Amendment) Act, 1947 (Madras Act VIII of 1947). [74] The brackets and
figures “(iv)” wore omitted by section 3(i) of, and the Second Schedule to, the
Tamil Nadu Repealing and Amending Act, 1951 (Tamil Nadu Act XIV of 1951). [75] These words, figures
and brackets were substituted for the words, figures and brackets “(xviii) and
(xx) of section 71” by the Second Schedule to the Madras Repealing and Amending
Act, 1938 (Madras Act XIII of 1933).Tamil Nadu District Police Act, 1859[1]