The Tamil Nadu District Police Act, 1859 Complete Act - Bare Act

An Act for the better regulation of the Police within the (Substituted by the Tamil Nadu Adaptation of Laws Order, 1970) State of Tamil Nadu

WHEREAS it is expedient to make the Police-force throughout the (Substituted by the Tamil Nadu Adaptation of Law Order 1970) [State of Tamil Nadu] a more efficient instrument (Omitted by Act, 1936 (Madras Act XXI of 1936)) * * * * for the prevention and detection of crime and to re-organize the Police force (Repealed by the Madras Hereditary Village-Offices Act, 1895 (Madras Act III of 1895)) * * * * It is enacted as follows "

1
. Interpretation " 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),

"Magistrate" the word "Magistrate" shall include all persons, within their respective jurisdictions, exercising all or any of the powers of a Magistrate;

"Superior Police" (Substituted by Tamil Nadu Act 21 of 1936) [the expression "Superior Police" shall mean the (Substituted by Tamil Nadu Act 49 of 1979) [Director General of Police, Inspector General of Police], Deputy Director 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];

(Substituted by the Madras Hereditary Village-Officers Act, 1895 (Madras Act III of 1895)) ["Police" the word "Police" shall include all persons appointed under this Act].

"General Police 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 (Substituted by Section 3 (ii) of the Madras District Police (Amendment) Act, 1936 (Madras Act XXI of 1936)) [movable property], money or valuable security;

(Repealed by the Second Repealing and Amending Act, 1914 (Central Act XVII of 1914)) [* * * * * ]

"person the word "person" shall include company or corporation;

"Month" the word "month" shall mean calendar month;

"Cattle" the word "cattle" shall, besides horned cattle, include elephants, camels, horses, asses, mules, sheep, goats and swine.

Rep. by the Repealing Act, 1870 (Central Act XIV of 1870).

3.
Jurisdiction of officers appointed under Mad. Reg. XI of 1816 " Rep. by the Repealing Act, 1870 (Central Act XIV of 1870).

4.
Superintendence vested in the State Government " The superintendence of the Police throughout the General Police District shall vest in, and be exercised by the (Substituted by the Adaptation Order of 1950) [State Government] and, except as authorised by (Substituted by the Adaptation Order of 1937) [them] under the provisions of this Act, no person, officer or Court shall be empowered to (Omitted by ibid) [* * *] supersede or control any police-functionary, any Regulation, Act or usage to the contrary notwithstanding.

5. (Substituted by Tamil Nadu Act 49 of 1979)
Director General of Police etc - The administration of the Police throughout the General Police District shall be vested in an officer to be styled the (Substituted by Tamil Nadu Act 49 of 1979) Director General of Police for the (Substituted by the Adaptation Order, 1970) [State of Tamil Nadu], and in such (substituted by Tamil Nadu Act 21 of 1936) [Superior Police Officers] as to the (Substituted by the Adaptation Order, 1970) [State Government] shall seem fit (Omitted by the Adaptation Order of 1937) [* * * *].

6.
Powers of Police, etc. " 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 Police-authorities appointed under this Act; provided always that no Police-functionary so appointed shall possess or exercise any judicial or revenue authority.

7. (Omitted by Tamil Nadu Act 49 of 1979) [* * * *]

The entire Police-establishment of the (Substituted by the Adaptation Order, 1970) [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 (Substituted by the Adaptation order of 1950) [State Government] (Omitted by the Adaptation Order of 1937) [* * * *]. (Inserted by ibid) [The pay and all other conditions of service of officers of the Subordinate Police shall, subject to the provisions of this Act, be such (Substituted by Tamil Nadu Act 35 of 1981) [as may be determined by the (Substituted by Adaptation Order 1950) [State Government] by rules either prospectively or retrospectively.] Provided that the rules made under this section shall not have retrospective effect from a date earlier than the 20^th day of October 1971.

9.

(Substituted by Tamil Nadu Act 49 of 1979) [
Director General] to control force and make rules " (Substituted by Tamil Nadu Act 49 of 1979) [Director General] may, from time to time, subject to the approval of the (Substituted by Adaptation Order 1950) [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 (Substituted by Tamil Nadu Act 49 of 1979) [Director 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.

NOTES

S.9 See T.N. Police Standing orders " O.145; - Trial to be invalid, it must be proved that there was miscarriage of justice " AIR 1964 SC 33;

Ss.9 and 10. See T.N. Police Standing order - O.77 (3) Order of dismissal pending Appeal " Order held to be invalid " AIR 1955 Mad. 305 (FB); (1956) 2 And W.r. 682;

Ss.9 and 10. See T.N. Police standing orders O.90 (3) (b) the office who takes the minutes should be the one who was throughout incharge of the preliminary departmental enquiry. It is open to the delinquent to ask for a denovo enquiry or to waive it. He has a right to make further representation against the finding of the Enquiry Officer. Distinction between civil or criminal trial on the one hand and the Departmental Enquiry on the other " Pointed out " (1965) 2 MLJ 421 (F.B.);

(Substituted by the Adaptation Order of 1937)
10. Dismissal, suspension or reduction of the officers of the Subordinate Police " (Substituted by the Adaptation Order (Third Amendment) of 1951) [Subject to the provisions of Article 311 of the constitution and to such rules) as the (Substituted by Adaptation Order 1950) [State Government] may, from time to time make (Substituted by the Adaptation order (Third Amendment) of 1951) [either prospectively or retrospectively] under this Act, the Director General of Police, Inspectors General of Police, Deputy Inspector General of Police 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 breach of orders:] (Added by Tamil Nadu Act 35 of 1981) [provided that the Rules made under this Section shall not have retrospective effect from a date earlier than the 20^th day of October 1971]

NOTES

Ss. 7, 10 & 50: S.10 deals with Departmental enquiries in respect of punishing subordinate police officers, while S.50 deals with offences specified under the Act. Further S. 50 deals with Police personnale above the rank of a constable. Ss.44 to 47 will govern the trial of offences committed to all Police personnale. There is no conflict between S.50 and Ss.44 to 47. " 1959 MLJ (Crl.) 320;

Ss.9 and 10 : See T.N. Police Standing order " O. 77(3) Order of dismissal pending Appeal "Order held to be invalid " AIR 1955 Mad. 305 (FB); (1956) 2 And. W.r. 682;

Ss. 9 and 10: See T.N. Police standing orders O.90 (3) (b) the office who takes the minutes should be the one who was throughout incharge of the preliminary departmental enquiry. It is open to the delinquent to ask for a denovo enquiry or to waive it. He has a right to make further representation against the finding of the Enquiry Officer. Distinction between civil or criminal trial on the one hand and the Departmental Enquiry on the other " Pointed out - (1965) 2 MLJ 421 (FB);

S.10: See also T.N. Police Subordinate Service (Discipline and Appeal) rules 1950 " R.2 (g) & 4. The Authority contemplated under R4 need not be the Authority higher in rank. State is higher Authority " AIR 1965 SC 1103;

S.10: See T.N. Police Sub-ordinate Service (Discipline and Appeal) Rules 1950 " R 3 (b), 2 and 5. Order under R2 by the Government is appealable order under R5 " AIR 1965 SC 1103;

S.10: In respect of enquiry in to allegations against police officer, Governor is competent Authority to refer the same to the Tribunal " AIR 1965 SC 1103;

S.10: See T.N. Police Standing Orders " O.90 (3) (b) " This rule is administrative in nature " AIR 1965 Mad 203: (1965) 2 MLJ 421 (FB);

11. Police Officers to receive certificates of office. " Every person (Substituted by the Adaptation Order of 1937) [appointed as an Officer of the Subordinate Police], shall receive on his enrolment a certificate (A) under the seal of (Substituted by Tamil Nadu Act 49 of 1979) [The Director General of Police], by virtue of which he shall be vested with the powers, functions and privileges of a Police Officer. Such certificate shall cease 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.

(Inserted by the Madras Adaptation of Laws (Central Acts) Order, 1957)
[12. Power to appoint any member of the Police Force, appointed under the Travancore Cochin Police Act, 1951, in the area to which this Act extends " The State Government, (Substituted by Tamil Nadu Act 49 of 1979] [The Director General of Police or] 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 distrit 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.]

13. Additional Police-officers employed at cost of individuals " It shall be lawful for the (Substituted by the Adaptation Order of 1950) [State Government], if they shall think fit, on the application of any person showing the necessity thereof, to (Substituted by Section 6(iii) of the Madras District Police (Amendment) Act, 1936 (Madras Act XXI of 1936)) [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 of (Substituted by Tamil Nadu Act 49 of 1979) [The Director General of Police, or] Inspector General or (Inserted by Section 6 (ii) of the Madras District Police (Amendment) Act, 1936 (Madras Act XXI of 1936) [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 (Substituted by Section 6(iii) ibid) [appointment] shall have been made, on giving one month's notice in writing to the (Substituted by Tamil Nadu Act 49 of 1979) [Director General of Police] or Inspector General (Inserted by Section 6 (ii) of the Madras District Police (Amendment) Act, 1936 (Madras Act XXI of 1936)) [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.

14. Additional force in neighbourhood of railway and other works - 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 (Substituted by Tamil Nadu Act 49 of 1979) [the Director General of Police] that the appointment of an additional Police-force in such neighbourhood is rendered necessary by the behavior or reasonable apprehension of the behavior of the persons employed upon such work, it shall be lawful for (Substituted by Tamil Nadu Act 49 of 1979) [the Director General of Police] with the consent of the (Substituted by the Adaptation Order of 1950) [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.

15. Recovery of sums payable for support of additional Police force " (Inserted by the Adaptation Order of 1937) [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 of the goods of the defaulter under the warrant of a Magistrate.

- When it shall appear that any (Substituted by Section 7 of the Madras District Police (Amendment) Act, 1936 (Madras Act XXI of 1936)) [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.

17.
Powers of special Police Officers " 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 (Added by section 8, ibid) [He shall receive a certificate in such form as the (Substituted by the Adaptation Order of 1950) [State Government] may determine, under the signature of the Magistrate who appointed him

18. Punishment for refusal to serve - If any person, being appointed a special Police-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 to 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.

19. Police-officers not to resign without leave or notice; nor to take other employment " 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 two months' notice in writing of his intention to do so. Nor shall any such Police Officer engage in any employment or office whatever, other than his duties under this Act, unless expressly permitted to do so in writing under the seal of (Substituted by Tamil Nadu Act 49 of 1979) [the Director General of Police].

20. Unlawful assumption of Police functions, personation of Police, etc. " From and after the passing of this Act, every 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, accountrements 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 six months, or both.

21. Duties of Police Officers " 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.

NOTES

S.21, 53 and 44: "Acts done or intended to be done " Meaning of " AIR 1961 A.P.370 (FB)

Ss. 21 & 47: S.21 explains the duties of police officers. It is to be seen that police officers are always on duty. The object is to make the police force a more efficient instrument " (1958) MLJ (Crl.) 76;

Ss.21 and 53: S21 is exhaustive. It defines the powers and duties of police officer investigating a crime. His official actions are protected in terms of S 53 - 1995 And. W.r. 882;

Ss. 44, 53, 21 Protection under S. 53 can be claimed only when the action is in discharge of his official duties " (1961) 1 Crl. L.J. 191;

[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.

(Inserted by the Madras City Police and District Police (Amendment) Act, 1947 (Madras Act VIII of 1947) [
42.
Powers of the Police, etc. on the occasion of a fire " On the occasion of a fire, any Police-officer above the rank of constable, or any member of the (Substituted by Tamil Nadu Adaptation Order 1970) (Tamil Nadu Fire Service) above the rank of fire-man, 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 order's, break into or through, or pull down, or use for the passage of hoses or other appliances, any premises for the purposes 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.

Any damage done on the occasion of fires by members of the (Substituted by Tamil Nadu Adaptation Order 1970) [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 (Substituted by Tamil Nadu Adaptation Order 1970) [Tamil Nadu Fire Services] or of any fire brigade from liability to damages on account of any acts done by him without reasonable cause.]

(Inserted by the Tamil Nadu District Police (Amendment) Act, 1963 (Tamil Nadu Act 18 of 1963)) [
42.A. Deputation of Police-officers to be present in assembly, meeting or procession in the public places " (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 be taken of the proceedings.

(2) Nothing in sub-section (1) shall apply to any assembly or meeting of a purely religious character held in a recognized 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 the 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 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.]

(Inserted by Section 3(i) of the Madras City Police (Amendment) Act, 1947 (Madras Act VIII of 1947))
43. Penalty for false alarm of fire " Whoever gives or causes to be given to any fire-brigade or to any member thereof or to any member of the (Substituted by Adaptation Order of 1970) [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.

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 (Substituted by Section 9 of the Madras District Police (Amendments) Act, 1936 (Madras Act XXI of 1936)) [willful breach 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, vexations or frivolous charge or information against any individual, or who shall knowingly and wilfuly 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 (Substituted by the Adaptation (Third Amendment) Order of 1951) [as provided by law], 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 three months' pay, or to imprisonment with or without hard labour not exceeding three months or both.

NOTES

S.44 : Burden of proof " Scope " AIR 1954 SC 645;

Ss. 44, 53, 21: Protection under S. 53 can be claimed only when the action is in discharge of his official duties " (1961) 1 Crl. L.J. 191;

Ss. 44, 53: Limitation under S.53 does not govern in respect of complaints under S.44 : AIR 1953 Mad. 1002;

S.44 : Sanction for prosecution under S.44 not necessary "Prosecution valid without sanction " (1952) M.W.N. (Crl.) 263 : AIR 1953 Mad 1002;

S.53 & 44 : Offences under S.44 " S.53 does not apply " (1952) 2 MLJ 398.

S.21, 53 and 44 : "Acts done or intended to be done " Meaning of " AIR [96] A.P. 370 (FB)

Any Police Officer who shall on any pretext, or under any circumstances, directly or indirectly collect or receive any fee, gratuity, diet-money allowance or recompense, other than he may be duly authorized by (Substituted by Tamil Nadu Act 49 of 1979) [Director General of Police] or other officer acting under his order to collect or receive 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 shall directly or indirectly extort, extract, 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 be 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 offence 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;

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.

NOTES

S.47 : S.47 does not apply to private acts. Only official acts come under its purview " (1958) MLJ (Crl.) 76;

S.47 : It is enough that false allegations or frivolous charges are preferred. "Charge" " Meaning of - 1953 M.W.N. (Crl.) 11 : 1960 M.W.N. (Crl.) 11 : 1960 M.W.N. 154.: 1955 NUC (Mad) 5608; AIR 1953 Mad 507

S.47 : "Maliciously or without probable cause" " Meaning of " AIR 1965 NULC (Mad) 5668;

S.47 : Where a person is accused of having made false allegation against a police officer, it must be proved " Nature of proof " AIR 1951 Madr 717; (1951) 2 MLJ 25;

Ss. 21 & 47 : S.21 explains the duties of police officers. It is to be seen that police officers are always on duty. The object is to make the police force a more efficient instrument " (1958) MLJ (Crl.) 76;

48.

[Penalty for certain offences within limits of towns; Power to arrest without warrant. Slaughtering cattle, furious riding etc.] [Rep. by the (Substituted by the Tamil Nadu Adaptation (Amendment) Order 1969) (Tamil Nadu) Towns Nuisances Act, 1889 [Tamil Nadu] Act III of 1889]

49.

[Regulations 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.

(Substituted by Section 10 of the Madras District Police (Amendment) Act, 1936 (Madras Act XXI of 1936)
50. Enquiry into charges against certain Police Officers " 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 (Substituted by Act 35 of 1981) [an Executive Magistrate]

NOTES

Ss. 7, 10, & 50: S.10 deals with Departmental enquiries in respect of punishing subordinate police officers, while S. 50 deals with offences specified under the Act. Further S. 50 deals with Police personnale above the rank of a constable. Ss. 44 to 47 will govern the trial of offences committed by all Police personnale. There is no conflict between S.50 and Ss.44 to 47 " 1959 MLJ (Crl.) 320;

Ss. 50, 7 & 10: Scope and distinction of - 1959 MLJ (Crl) 320;

S.50 : Applies only to enquiries conducted by the Department and not to court proceedings, AIR 1953 Mad 1002 : 1952 MWN (Crl.) 263;

51.
Liability to prosecution for higher penalties. - 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.

NOTES

S.51 : Scope of " (1952) 2 MLJ 398;

(See the Tamil Nadu District Police (Amendment) Act, 1865 (Tamil Nadu Act V of 1865), S.1) [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 (Substituted by Section 11 of the Madras District Police (Amendment) Act, 1936 (Madras Act XXI of 1936)) [movable property] of the offender by warrant of the Magistrate (repealed by the Repealing Act, 1874 (Central Act XVI of 1874) [* * * *].

All actions and prosecutions against any person, which may be lawfully brought for (Substituted by Section 3 (ii) of the Madras City Police and District Police (Amendment) Act, 1947 (Madras Act VIII of 1947)) [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 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 made paid into Court after such action, brought by or on behalf of the defendant; and though a decree shall be given for the plaintiff if any such action, such plaintiff shall not have cost against the defendant, unless the Judge, before whom the trial shall be, shall certify the approbation of the action;

Provided always no action shall in any case lie where such officers shall have been prosecuted criminally for the same act.

NOTES

S.53: Torture by Police official during investigation " Protection not available " (1965) 2 MLJ (SC) 87; AIR 1964 SC 33;

S.53: Acts complained of must be done in the official capacity (1961) MLJ (Crl) 1: AIR 1961 AP 370;

S.53: Malice " The onus lies on the complainant " 1956 And LT 1028

S.53: The section deals with two types of proceedings " Notice " When necessary? 1958 MLJ (Crl.) 134; (1958) 1 MLJ 162;

S.53: Limitation, AIR 1955 Mad 561 : 67 LW 1181.

S.53 & 44: Offen ces under S.44 " S.53 does not apply " (1952) 2 MLJ 398;

S.53 : It cannot be said that in view of the dismissal of the accused, he cannot be tried again " S. 51 " Applicability of " AIR 1953 Mad. 1002; 1953 M.W.N (Crl.) 263;

S.53: The expression "under the provisions of any other law for the time being in force conferring powers on the police" " Meaning of S.53 read along with S.4 of Crl. PC 1973 applies to the prosecutions under the penal code " 1978 M.L.J Crl. 412; But see 1978 Crl. L.J. (NOC) 34 (AP)

S.53 Section overrides the provisions of S.468 Crl.P.c. These two sections do not overlap each other " 1978 MLJ (Crl.) 412. But see 1978 Crl.L.J. (NOC) 34 (A.P.)

S.53: "For anything done or intended to be done under the provisions of the Act" " Meaning of " On a plain reading of this provision it becomes clear that all actions and prosecutions for anything done under the provisions of the Act or any other law in force conferring powers on the Police must be commenced within three months after the act complained of is committed and not otherwise.

It seems clear to us that before a prosecution is terminated as barred by S.53, the accused must show that on the allegations made in the complaint, is exfacie appears that the act complained of was done under the provisions of the Act or under the provisions of any other law for the time being in force where under powers are conferred on the police " 1994 TLNJ 55 (SC): AIR 1994 SC 1771

S.21, 53 and 44: "Acts done or intended to be done " Meaning of " AIR 1961 A.P. 370 (FB)

Ss.21 and 53: S.21 is exhaustive. It defines the powers and duties of police officer investigating a crime. His official actions are protected in terms of S.53 " 1995 And. W.r. 882;

Ss. 44, 53, 21: Protection under S.53 can be claimed only when the action is in discharge of his official duties " (1961) 1 Crl. L.J. 191;

Ss. 44, 53: Limitation under S.53 does not govern in respect of complaints under S.44: AIR 1953 Mad. 1002;

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.

(Inserted by Section 13 of the Madras District Police (Amendment) Act, 1936 (Madras Act XXI of 1936)
54-A. Power of State Government to extend certain provisions of (Substituted by the Adaptation Order of 1950)
[Tamil Nadu] Act III of 1888 to any town " (1) The (Substituted by the Adaptation Order of 1950) [State Government] may, by notification in the (substituted by the Adaptation Order of 1937) [Official Gazette] extend to any town (Inserted by Section 2 of the Tamil Nadu District Police (Amendment) Act, 1972 (Tamil Nadu Act 2 of 1973))[or any other local area in the State all or any of the provisions of the Madras City Police Act, 1888, (Omitted by Section 4 of the Second Schedule to the Tamil Nadu (Added Territories) Extension of Laws Act, 1962 (Tamil Nadu Act 14 of 1962))[* * *] mentioned in the schedule any may declare such extension to be subject to such modifications as they think fit.

(2) The (Substituted by Adaptation Order, 1950) [State Government] may be notification in the (Substituted by the Adaptation Order of 1937) [Official Gazette] cancel or modify any such notification as is referred to in sub-section (1)].

55.

This act shall take effect in any and every such district as the (Substituted by Adaptation Order, 1950) [State Government] shall appoint by notification published in the official Gazette.

(Added by Section 14 of the Madras District Police (Amendment) Act, 1936 (Madras Act XXI of 1936)
SCHEDULE

Definitions of "imprisonment", "Gaming", "Instrument of gaming", "common gaming house" and "conviction" (Substituted by the Second Schedule to the Madras Repealing and Amending Act, 1938 (Madras Act XIII of 1938) [in section 3], sections 23, [(41)] 24, 26, 28, 33(Inserted by Tamil Nadu Act 42 of 1995)[34-A], (Inserted by Section 3 of the Tamil Nadu District Police (Amendment) Act, 1972 (Tamil Nadu Act 2 of 1973) 48, 50, (Omitted by Section 3(iii) of the Madras City Police and District Police (Amendment) Act, 1947 (Madras Act VIII of 1947) [ ], 63, 64, 65 and 66, clauses (iii), (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)) [ ] (v), (vi) (vii), (viii), (x), (xiii), (xiv), (xv), (xvi), (xvii), (substituted by the Second Schedule to the Madras Repealing and Amending Act, 1938 (Madras Act XIII of 1938)) [and (xviii) of section 71] and sections 73, 74, 75, 77, 78, 79 and 80].

[See Section 11]