Bare ActsThe POLICE ACT, 1861

Section 1

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Interpretation clause: - The following words and expressions in this Act shall have the meaning assigned to them, unless there be something in the subject of context repugnant to such construction , that is to say- the words “Magistrate of the district” shall mean the chief officer charged with the executive administration of a district and exercising the powers of a Magistrate, by whatever designation the chief officer charged with such executive administration is styled; the word “Magistrate” shall include all persons within the general police district, exercising all or and of the powers of a Magistrate, the word “Police” shall include all persons who shall be enrolled under this Act; the word “general police-district” shall embrace any2 presidency, State of place or any part of any presidency, State or place in which this Act shall be ordered to take effect; 3[the words “District Superintendent” and “District Superintendent of Police” shall include any Assistant District Superintendent or other person appointed by general or special order of the State Government to perform all or any of the duties of a District Superintendent of Police under this Act in any district;] the word “property” shall include any movable property, money or valuable security; 4 * * * * the word “person” shall include a company or corporation; the word “month” shall mean a calendar month; 5the word “cattle” shall, besides horned cattle, include elephants, camels, horses, asses, mules, sheep, goats and swine. 6[References to the subordinate ranks of a police-force shall be construed as references to members of that force below the rank of Deputy Superintendent.] 1 Short title given by the Indian Short Titles Act, 1897 (14 of 1897). 2 Under sec. 2 of the police Act, 1888 (3 of 1888), the Central Government may notwithstanding this provision, create a special police- district, consisting of parts of two or more States. As to Delhi State see Gazette of India, 1912, Pt. I, p. 1105. 3 Ins. By Act No. 8 of 1895, sec 1. 4 The definitions relating to “number” and “gender” rep. by Act No. 10 of 1914, sec. 3 and sch. II. 5 Cf. definition of “cattle” in sec. 3 of the Cattle-trespass Act, 1871 (1 of 1871). 6 Ins. by the A.O. 1937. 2 The police Act, 1861 COMMENTS The statute has to be constructed with reference to the context and other clauses of the Act to make it consistent with it; Anil Kumar Sawhney v. Gulshan Rai, (1993)3 Crimes 1064 (SC).

Section 1 – The POLICE ACT, 1861 | DailyLaw.ai