Amendment status not verified — confirm the current text below against the official source.
State Government may prescribe form of returns.- The State Government may direct the submission of such returns by the Inspector-General and other police-officers as to such State Government shall seem proper, and may prescribe the form in which such returns shall be made. COMMENTS The Inspector-General and other police officers are bound to submit returns in the prescribed form to the State Government. 1[46. Scope of Act:- (l) This Act shall not, by its own operation, take effect in any 2presidency, State or place. 1 Subs. by Act No.8 of 1895, sec. 15, for the original section. 2 In the States of Madras and Bombay, there are special Police Acts. see the Madras District Police Act, 1859 (24 of 1859) and the Bombay District Police Act, 1867, (Bombay No.7 of 1867). In the Lower Provinces of Bengal, Bengal Act No.7 of 1869 is to be read and taken as part of Act No.5 of 1861, see sec. 6 of the former Act. This Act has been extended under the power conferred by the original section to- (1) the U.P. including Ajmer-Merwara then under that Government, see Notification No. 964 in the North-Western Provinces Gazette, 1861, p. 634: [The orders as to enforcement of the Act in 27 districts in the U.P., in Hamirpur, Jalaun, Jhansi, Lalitpur, Nainital (includi,ng the Tarai Parganas) and Almora and Garhwal, issued under the original sec. 46, paragraph 2 (after the Act had been extended under paragraph 1 of that section to the whole Province), are kept in force by sec. 16 of Act 8 of 1895); (2) Oudh, see Notification No. 34 in the North-Western Provinces Gazette 1861, p. 1758; (3) the tract of land between Allahabad and Jubbulpore ceded in full sovereignty by certain Native States; (4) the C.P., Districts of Nagpur, Raipur, Bhandara, Chanda and Chhindwara, Sironcha, Nimar; (5) Bengal and Assam; 18 The Police Act, 1861 But the 1[State Government] by an order to be published in the Official Gazette, may extend the whole or any part of this Act to any Presidency, State or place, and the whole or such portion of this Act, as shall be specified in such order shall, thereupon, take effect in such presidency, State or place. (2) When the whole or any part of this Act shall have been so extended, the State Government may, from time to time, by notification in the Official Gazette, make rules consistent with this Act- . (a) to regulate the procedure to be followed by Magistrates and police-officers in the discharge of any duty imposed upon them by or under this Act; (b) to prescribe the time, manner and conditions within and under which claims for compensation under section 15A arc to be made, the particulars to be stated in such claims, the manner in which the same are to be verified, and the proceedings (including local inquiries, if necessary) which are to be taken consequent thereon; and (c) generally, for giving effect to the provisions of this Act. (3) All rules made under this Act may, from time to time be amended, added to or cancelled by the State Government. COMMENTS It is only upon an order of the State Government, the whole or any part of this Act lakes effect in the presidency, State or place concerned. The State Government is empowered to make rules in respect of the matters specified in clauses (a) to (c) of sub-section (2). Section 46 confines itself to anything done or intended to be done under the Police Act, 1861; S.P. Vaithianathan v. K. Shammuganathan, (1994) 1 Crimes 725 (S.C.). An act is not "'under" a provision of law merely because the point of time at which it is done coincides with the point of time when some act in exercise of the powers granted by the provision or in performance of the duty imposed by it. To be able to say that an act is done "under" a provision of law, one must discover the existence of a reasonable relationship between the provision and the act. In the absence of such a relation the act cannot be said to be done "under" the particular provision of law, SP. Vaithianathan v. K. Shammuganathan, (1994) 1 Crimes 725 SC; State of A.P. v. Venugopal, (1963) SCR 742. (6) Several districts in the Punjab, see Notification No. 971, dated 15th May, 1861, Calcutta Gazette, 18th May, 1861, p. 1302. Under the power conferred by the section as it stood before the 1st April, l937, it has been extended as follows to :- (I) Madras; sec. 15, 15A, 16,30, 30A, 31 and 32 of the Act have been extended to the whole of the Madras Presidency, see Notification No. 728, dated 31st October, 1895, Gazette of India, 1895, Pt. I, p. 876; (2) Eastern Doars in the Goalpara District, see Notification No. 230, Gazette of India, 1897, Pt. I., p. 198; (3) the North and South Lushai Hills and the tract known as Ruttan Puiya's villages including Demagri (now known as the Lushai Hills), see Gazette of India, 1898. Pt.I., p. 370. 1 Subs. by the A.O. 1937, for "G.G. in C.” 19 The Police Act, 1861 It is no part of the duty under the Act, conferring power on the police to beat and torture any person; Stale of A.P. v. Venugopal, (1963) SCR 742. Action of torturing any person cannot be in discharge of any duty or function under the Act.