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THE UP POLICE ACT, 1861 |
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What is the long title of the Police Act, 1861? |
An Act for the Regulation of Police. |
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When was the Police Act of 1861 enacted? |
22nd March, 1861 |
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What is the Act no. of the Police Act, 1861? |
ACT, NO. 5 OF 1861 |
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What is the purpose of the Police Act, 1861? |
To create a more efficient and centralized police force to prevent and detect crime. |
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What is the primary objective mentioned in the Preamble of the Police Act, 1861? |
to re-organise the police and to make it a more efficient instrument for the prevention and detection of crime |
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The Police (U.P. Amendment) Act, 1939 came into force on |
1st January 1939 |
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The Police (U.P. Amendment) Act, 1984 came into force on |
30TH April 1984 |
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The Police (U.P. Amendment) Act, 2001 came into force on |
10th August 2001 |
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Which provision of the Police Act, 1861 deals with “Interpretation clause”? |
Section 1 |
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According to Section 1 of the Police Act, 1861, 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. |
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According to Section 1 of the Police Act, 1861, the word "Magistrate" includes: |
All persons within the general police district exercising all or any of the powers of a Magistrate. |
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According to Section 1 of the Police Act, 1861, the word "police" shall include: |
All persons who shall be enrolled under this Act. |
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According to Section 1 of the Police Act, 1861, the words "general police-district" shall embrace: |
Any presidency, State or place, or any part thereof, where the Act is in effect. |
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Who has the authority to appoint an "Assistant District Superintendent or other person" to perform the duties of a District Superintendent of Police, as per Section 1? |
The State Government, by general or special order |
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According to Section 1 of the Police Act, 1861, the terms "District Superintendent" and "District Superintendent of Police" include: |
Additional District Superintendent or Joint District Superintendent or Assistant District Superintendent or other person appointed by the State Government |
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According to Section 1 of the Police Act, 1861, the word "property" shall include: |
Any movable property, money, or valuable security. |
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The definition of "civil aviation personnel" was inserted into Section 1 of the Police Act, 1861, through an amendment specific to which state? |
Uttar Pradesh |
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The amendment to Section 1 defining "civil aviation personnel" in Uttar Pradesh came into effect through which Act? |
Police (Uttar Pradesh Amendment) Act, 2001 |
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The expression "civil aviation personnel" includes officers and employees of the Civil Aviation Department of Uttar Pradesh who are posted in which wing? |
Maintenance, security, and general administration wing |
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The definition of "civil aviation personnel" includes not only those employed before the commencement of the amendment but also: |
Any person appointed as civil aviation personnel after the commencement of the amendment. |
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The specific officers and employees designated as "civil aviation personnel" are specified by the State Government through what means? |
A notification |
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According to Section 1 of the Police Act, 1861, the word "person" shall include: |
A company or corporation |
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According to Section 1 of the Police Act, 1861, the word "month" shall mean: |
a calendar month |
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According to Section 1 of the Police Act, 1861, the word "cattle" includes: |
Horned cattle, along with elephants, camels, horses, asses, mules, sheep, goats, and swine. |
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According to the modification inserted into Section 1 of the Police Act, 1861, 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. |
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Which provision of the Police Act, 1861 deals with ‘Constitution of the forces’? |
Section 2 |
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For the purposes of the Police Act, 1861, the entire police establishment under a State Government is deemed to be: |
One unified police force. |
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Section 2 states that the police force shall be formally: |
Enrolled. |
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The number of officers and men in the police force, and the manner in which they are constituted, is determined by: |
The State Government. |
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Under Section 2, which authority is responsible for determining the pay and conditions of service for members of the police force's subordinate ranks? |
State Government. |
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Which provision of the Police Act, 1861 deals with ‘Civil aviation personnel’ to be police force’? |
Section 2-A |
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According to Section 2A(1) of the Police Act, 1861, for Uttar Pradesh, the provisions of this section shall have effect notwithstanding anything contained in: |
Any other provision of the Police Act, 1861, or in any other law for the time being in force |
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Which Uttar Pradesh amendment inserted Section 2A into the Police Act, 1861? |
The Police (Uttar Pradesh Amendment) Act, 2001 |
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What was a consequence for existing civil aviation personnel in Uttar Pradesh upon the enactment of Section 2A(1)? |
They automatically became members of a police force for the purposes of the Police Act, 1861. |
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According to Section 2A(2), how are these personnel formally enrolled as police force members? |
In accordance with the provisions of Section 8A |
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What timeframe was given for existing civil aviation personnel to opt out of becoming police force members by giving notice from the notification date? |
30 days |
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Based on the proviso to Section 2A(2), what happens to the post of a civil aviation personnel who chooses not to become a police force member? |
The post stands abolished. |
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What compensation is provided to a civil aviation personnel whose service is terminated under the proviso to Section 2A(2)? |
An amount equivalent to three months' salary |
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For individuals appointed as new members after the notification date, how are they appointed? |
As ordered by the State Government from time to time |
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Who has the authority to prescribe the pay, allowances, and other terms and conditions of service for the civil aviation personnel who become part of the police force under Section 2A? |
The State Government, by making rules |
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As per Section 2A(4), civil aviation personnel in Uttar Pradesh are required to discharge duties related to: |
Duties specified by general or special orders of the State Government. |
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Under Section 2A(4), the duties of civil aviation personnel specifically include those pertaining to: |
The maintenance of aircraft belonging to, or hired by, the State Government. |
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Which is an example of the duties civil aviation personnel perform under Section 2A(4)? |
Security at the airport in Lucknow. |
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As per Section 2A(5), the powers and privileges of the civil aviation personnel enrolled as members of the police force are specified by: |
The State Government through general or special orders. |
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The overall administration of the civil aviation personnel, after becoming a part of the police force, is vested in which officer? |
The Director General, Civil Aviation, Uttar Pradesh |
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According to Section 2A(6), the Director General, Civil Aviation, Uttar Pradesh is assisted in the administration of civil aviation personnel by which officer? |
The Additional Director (Administration), Civil Aviation, Uttar Pradesh |
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Which provision of the Police Act, 1861 deals with ‘Superintendence in the State Government’? |
Section 3 |
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According to Section 3 of the Police Act, 1861, the superintendence of the police throughout a general police-district shall vest in and be exercised by the: |
State Government |
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Who has the main control (superintendence) over the police force in a State under Section 3 of the Act? |
State Government |
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Can any other person or court easily take over or control the police force's functionaries without authorization from this Act? |
No, except as authorized by the Act itself. |
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Which provision of the Police Act, 1861 deals with ‘Inspector-General of Police, etc.’? |
Section 4 |
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The administration of the police force throughout the whole "general police-district" is mainly managed by an officer called the: |
Director General cum Inspector-General of Police |
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Besides the Inspector-General, which other high-ranking officers can the State Government appoint under Section 4 if needed? |
Deputy Inspectors-General and Assistant Inspectors-General |
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Section 4 deals with the overall _ _ _ _ _ _ _ _ of the police force by high-ranking officers. |
Administration |
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In a specific district, who has the primary responsibility for police administration, under the general control of the District Magistrate? |
The District Superintendent of Police |
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Which provision of the Police Act, 1861 deals with ‘Powers of Inspector-General- Exercise of Powers’? |
Section 5 |
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According to Section 5, the Director General cum Inspector-General of Police shall have the full powers of a: |
Magistrate |
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The powers granted to Director General cum Inspector-General of Police under Section 5 are exercised throughout which area? |
The general police-district |
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The Director General cum Inspector-General’s powers under Section 5 is subject to what limitation? |
The limitations imposed by the State Government. |
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The main purpose of Section 5 is to vest magisterial powers in the Inspector-General for: |
Exercising control over the police force in the entire general police-district. |
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Which provision of the Police Act, 1861 deals with ‘Magisterial powers of police officers’? |
Section 6 (NOW REPEALED) |
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What is the current status of Section 6 of the Police Act, 1861, concerning the magisterial powers of police officers? |
It has been repealed and is no longer in effect. |
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Section 6 of the Police Act, 1861 is repealed by- |
the Code of Criminal Procedure, 1882 (10 of 1882), sec. 2 and Sch. 1(b) |
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Which provision of the Police Act, 1861 deals with ‘Appointment, dismissal, etc. of inferior officers’? |
Section 7
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Who all is empowered under Section 7 to dismiss, suspend, or reduce any police officer of the subordinate ranks? |
Director General cum Inspector-General of Police Deputy Inspectors-General of Police, Assistant Inspector-General, District Superintendent of Police |
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Under Section 7, a police officer of subordinate rank may face dismissal, suspension, or reduction for being: |
Remiss, negligent in duty, or unfit |
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The powers of senior police officers to take disciplinary action under Section 7 are subject to the provisions of: |
Article 311 of the Constitution of India |
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Besides dismissal, suspension, or reduction, Section 7 allows senior police officers to award other punishments, such as: |
Fine not exceeding one month's pay |
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For a police officer of subordinate rank who is careless or negligent in duty, a possible punishment under Section 7 includes: |
Deprivation of good-conduct pay |
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In addition to a fine, which punishments can be awarded under Section 7 for careless or negligent duty? |
Imprisonment for up to 15 days Removal from a special post Withholding of increments or promotion including stoppage at an efficient bar |
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Which provision of the Police Act, 1861 deals with ‘Certificates to police officers’? |
Section 8 |
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Who receives a certificate upon appointment to the police force, according to Section 8? |
Every police officer appointed to the police force, except for officers mentioned in Section 4 |
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Under Section 8, the certificate for a police officer is issued under the seal of the: |
Inspector general or an such other officer appointed by Director General cum Inspector-General of Police |
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What does the certificate issued under Section 8 signify? |
Vestment with the powers, functions, and privileges of a police officer. |
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When does the certificate's effect cease, and what must the officer do with it upon ceasing to be a police officer? |
It ceases when the person is no longer a police officer; the officer must surrender it. |
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According to Section 8, what happens to a police officer's powers, functions, and privileges when suspended from office? |
They are held in abeyance. |
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Does a police officer cease to be a police officer upon suspension from office according to Section 8? |
No, they do not cease to be a police officer. |
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Which provision of the Police Act, 1861 deals with ‘Enrolment of Civil Aviation Personnel’? |
Section 8-A |
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The certificate of enrolment for civil aviation personnel is issued under the seal of which officer, as per Section 8A? |
The Director General, Civil Aviation, Uttar Pradesh. |
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The authority to appoint another officer besides the Director General, Civil Aviation, to issue the certificate under Section 8A lies with: |
The State Government. |
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Which provision of the Police Act, 1861 deals with ‘Police-officers not to resign without leave or two months' notice’? |
Section 9 |
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According to Section 9, a police officer is not at liberty to withdraw himself from the duties of his office unless expressly allowed to do so by the: |
District Superintendent of Police |
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A police officer who wishes to resign their office without permission must give their superior officer written notice of their intention. The minimum notice period required is: |
Two months |
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What does Section 9 of the Police Act, 1861, primarily prohibit? |
Resigning without proper notice or leave |
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A police officer can withdraw from their duties with the express permission of the District Superintendent. What is the alternative condition for resignation, as per Section 9? |
Giving written notice of not less than two months to their superior officer |
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Which provision of the Police Act, 1861 deals with ‘Police-officers not to engage in other employment’? |
Section 10 |
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According to Section 10, a police officer is prohibited from engaging in any employment or office other than their duties under this Act, unless they have written permission from the: |
Director General cum Inspector-General of Police |
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If a police officer takes up a second job without permission from the Inspector-General, they may be subject to disciplinary action under which other section of the Act? |
Section 7 |
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The prohibition under Section 10 applies to which police officers? |
All police officers, regardless of rank. |
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Which provision of the Police Act, 1861 deals with ‘Police superannuation fund’? |
Section 11 (NOW REPEALED) |
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What is the current status of Section 11 of the Police Act, 1861? |
It has been repealed and is no longer in effect. |
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Section 11 of the Police Act, 1861 is repealed by |
the Repealing Act, 1874 (16 of 1874), sec.1 and Sch. Pt. I |
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Which provision of the Police Act, 1861 deals with ‘Power of Inspector-General to make rules’? |
Section 12 |
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The Director General cum Inspector-General of Police can frame rules and orders under Section 12, subject to the approval of which authority? |
The State Government |
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Section 12 empowers the Director General cum Inspector-General to frame rules regarding the police force's: |
Organization, classification, and distribution. |
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For what purpose can the Director General cum Inspector-General frame rules related to the police force's efficiency? |
To prevent abuse or neglect of duty |
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Under Section 12, the rules framed by the Director General cum Inspector-General can cover topics such as:
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The types of arms and accoutrements (equipment) to be supplied to them. |
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The rules that the Director General cum Inspector-General can frame regarding the police force's administration also cover the collection and communication of what kind of information? |
Intelligence and information |
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What are the subjects for which the Inspector-General can frame rules under Section 12?
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The classification and distribution of the police force The collection and communication of intelligence The description of arms and accoutrements furnished to the force |
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In its application to the State of Uttar Pradesh, for the words "Inspector-General" in Section 12, what is the substituted term? |
Director-General-cum-Inspector-General |
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What is a matter on which the Inspector-General may frame rules under Section 12? |
The places at which members of the force shall reside |
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Which provision of the Police Act, 1861 deals with ‘Additional police-officers employed at cost of individuals’? |
Section 13 |
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Who can apply for additional police officers under Section 13?
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Any person showing the necessity for such police |
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The authority to depute additional police officers under Section 13 rests with the Inspector-General of Police and other senior officers, subject to the general direction of which official? |
The Magistrate of the district |
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When additional police are deputed under Section 13, who is exclusively responsible for paying for them? |
The person who made the application |
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How can the person who made the application for additional police get the force withdrawn? |
By giving a one-month written notice to the Inspector-General or other senior officer |
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For what purpose can additional police officers be deputed under Section 13? |
To keep the peace at a specific place |
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The additional police force deputed under Section 13 is exclusively under the orders of which officer?
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Director-General-cum-Inspector-General or The Inspector-General or Deputy Inspector-General or Assistant Inspector-General or District Superintendent of Police |
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Which provision of the Police Act, 1861 deals with ‘Appointment of additional force in the neighbourhood of railway and other works’? |
Section 14 |
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Who can get extra police protection under Section 14? |
A company or organization with a railway, factory, or other major project. |
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For what reason can an Inspector-General depute an additional police force under Section 14? |
When the behavior of persons employed at a railway, canal, public work, manufactory, or commercial concern makes it necessary. |
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Who bears the cost of the additional police force deployed under Section 14? |
The person having control or custody of the funds used for the work, manufactory, or concern. |
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What is a key requirement for the Inspector-General to depute an additional force under Section 14? |
They must have the consent of the State Government. |
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How long can the additional police force be employed under Section 14? |
As long as the necessity for such a force continues. |
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In Uttar Pradesh, under the U.P. Act 10 of 1984, which officer is substituted for the words "Inspector-General" in Section 14? |
Director-General-cum-Inspector-General. |
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Which provision of the Police Act, 1861 deals with ‘Quartering of additional police in disturbed or dangerous districts’? |
Section 15 |
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Who has the authority to declare an area as "disturbed or dangerous" under Section 15(1) of the Police Act, 1861? |
The State Government |
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How does the State Government make a declaration under Section 15(1)? |
By a proclamation published in the Official Gazette. |
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The Inspector-General of Police can deploy additional police force in a proclaimed area under Section 15, but only with the sanction of which authority? |
The State Government |
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The cost of the additional police force deployed under Section 15(3) is borne by: |
The inhabitants of the proclaimed area, unless exempted. |
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What is the process for apportioning the cost of the additional police among the inhabitants? |
The Magistrate of the district apportions the cost based on the inhabitants' respective means. |
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The proclamation issued under Section 15 must state: |
the period for which it is to remain in force. |
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Which provision of the Police Act, 1861 deals with ‘Awarding compensation to sufferers from misconduct of inhabitants or persons interested in land’? |
Section 15-A |
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A person can apply for compensation under Section 15A(1) only if the injury, loss, or damage was caused in an area where: |
A proclamation notified under Section 15 is in force. |
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Which injuries can be a basis for an application for compensation under Section 15A(1)? |
Death Grievous hurt Loss of, or damage to, property. |
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The application for compensation under Section 15A(1) must be made to the Magistrate of the district or sub-division within what period? |
Three months from the date of the injury (as per U.P. Amendment). |
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The application for compensation under Section 15A(1) is made to: |
The Magistrate of the district or sub-division |
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The specific proviso to Section 15A(1) regarding the limitation period applies to injuries caused: |
Before the 1st day of April, 1939. |
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As per the specific proviso, what is the limitation period for an application for compensation in cases of death, grievous hurt, or loss of/damage to property caused before April 1, 1939? |
Four months |
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Before awarding compensation under Section 15A(2), what must the Magistrate of the district obtain? |
Sanction of the State Government |
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Under Section 15A(2), the Magistrate has no authority to do what? |
Exempt certain inhabitants from paying compensation |
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Under Section 15A(2), the Magistrate has the authority to do all of the following: |
Declare the persons to whom injury has been caused Assess the proportion in which compensation shall be paid by the inhabitants Fix the amount of compensation |
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According to the proviso to Section 15A(2), for a private individual's claim, the injury must have arisen from: |
a riot or unlawful assembly. |
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For compensation to be awarded to a private individual under the proviso to Section 15A(2), they must also have been: |
free from blame in respect of the occurrences which led to the injury. |
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Who has the authority under Section 15A(3) to exempt a person or a group of inhabitants from the liability to pay compensation? |
The State Government, by order |
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The State Government's power to grant exemptions under Section 15A(3) is applicable to? |
Any person or class or section of inhabitants |
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A declaration or assessment made by the Magistrate of the district under Section 15A(2) is subject to revision by which authority? |
The Commissioner of the Division or the State Government |
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As per Section 15A(4), except for the possibility of revision, the order passed by the Magistrate regarding compensation shall be considered: |
final. |
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According to Section 15A(5), once compensation has been awarded under this section for an injury: |
No civil suit shall be maintainable for that injury. |
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Which provision of the Police Act, 1861 deals with ‘Recovery of moneys payable under sections 13, 14, 15 and 15A, and disposal of same when recovered’? |
Section 16 |
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Section 16 of the Police Act, 1861, provides for the recovery of money payable under which other sections? |
Sections 13, 14, 15, and 15A |
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Who is responsible for the recovery of money under Section 16? |
The Magistrate of the district |
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In what manner can the Magistrate of the district recover the payable money under Section 16? |
In the manner provided for the recovery of fines under the Code of Criminal Procedure or BNSS, 2023 Through a civil suit in a competent court. |
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What happens to the money recovered under Section 16 for purposes specified in Section 15A? |
It is paid to the persons to whom and in the proportions in which it is payable under Section 15A. |
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All moneys payable under sections 13, 14, 15 and 15A shall be coverable by the Magistrate of the district in the manner provided by: |
sections 386 and 387 of the Code of Criminal Procedure, 1882 OR Section 421 and 422 of the Code of Criminal Procedure, 1973 OR Section 461 and 462 of BNSS, 2023 |
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Which provision of the Police Act, 1861 deals with ‘Special police-officers’? |
Section 17
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A special police officer can be appointed under Section 17 when there is a riot, unlawful assembly, or disturbance of the peace, and what other condition is met? |
The regular police force is insufficient to maintain the peace. |
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Who can apply to the nearest Magistrate to appoint residents of a neighborhood as special police officers? |
A police officer not below the rank of Inspector. |
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When an application to appoint special police officers is made to a Magistrate, the Magistrate is required to comply with the application, unless what? |
The Magistrate sees cause to the contrary. |
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The special police officers appointed under Section 17 are appointed from which group of people? |
Residents of the neighborhood where the disturbance has occurred or is apprehended. |
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The appointment of special police officers under Section 17 is for what duration? |
For such time as the appointing Magistrate deems necessary. |
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Which provision of the Police Act, 1861 deals with ‘Powers of special police-officers’? |
Section 18 |
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A special police officer appointed under Section 17 has the same powers, privileges, and duties as: |
Any ordinary officer of police. |
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In addition to powers and privileges, what else is a special police officer liable for, according to Section 18? |
Performing duties and being subject to penalties like ordinary officers. |
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To which authorities are special police officers subordinate? |
The same authorities as ordinary officers of police. |
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Which provision of the Police Act, 1861 deals with ‘Refusal to serve as special police-officers’? |
Section 19 |
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If a person appointed as a special police officer neglects or refuses to serve without sufficient excuse, they are liable to be prosecuted before a: |
Magistrate |
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A person convicted under Section 19 for refusing to serve as a special police officer is liable to a fine not exceeding: |
Fifty rupees |
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What is the offense for which a fine is imposed under Section 19? |
Neglecting or refusing to serve as a special police officer |
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Under Section 19, the refusal to obey what kind of orders can lead to prosecution? |
A lawful order or direction given for the performance of duties |
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Which provision of the Police Act, 1861 deals with ‘Authority to be exercised by police-officers’? |
Section 20 |
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According to Section 20, police officers enrolled under this Act shall not exercise any authority except that which is provided by: |
The Police Act, 1861, and any future Act regulating criminal procedure. |
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Section 20 serves to: |
Define the specific limitations on a police officer's authority. |
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Which provision of the Police Act, 1861 deals with ‘Village police-officers’? |
Section 21 |
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Section 21 of the Police Act, 1861, primarily deals with: |
The status of village police officers. |
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According to Section 21, the Police Act of 1861 shall not affect any hereditary or other village police-officer unless: |
They are enrolled as a police-officer under this Act. |
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When a village police-officer is enrolled under the Police Act, 1861, they become bound by the provisions of which section? |
Section 20 |
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A hereditary or other village police officer can only be enrolled under the Police Act, 1861, with their consent and the consent of which other party? |
Those who have the right of nomination |
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Which provision of the Police Act, 1861 deals with ‘Police-officers always on duty and may be employed in, any part of district’? |
Section 22 |
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According to Section 22, every police officer is considered to be: |
always on duty, for all purposes contained in the Act. |
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Section 22 allows a police officer to be employed as a police officer in any part of the: |
general police-district at any time. |
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The provisions of Section 22 apply to: |
every police officer, regardless of rank. |
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Which provision of the Police Act, 1861 deals with ‘Duties of police-officers’? |
Section 23 |
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What is a duty of every police officer under Section 23? |
To promptly obey and execute all orders and warrants lawfully issued by any competent authority. |
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A police officer has the authority, for certain purposes mentioned in Section 23, to enter and inspect without a warrant. What kind of place can they enter? |
Any drinking-shop, gaming-house, or other place of resort of loose and disorderly characters. |
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The duty of a police officer to prevent the commission of offenses and public nuisances is mandated by which section of the Police Act, 1861? |
Section 23 |
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The duty to apprehend all persons whom a police officer is legally authorized to apprehend is covered under: |
Section 23 |
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Section 23 states that it is the duty of every police officer to: |
detect and bring offenders to justice. |
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Which provision of the Police Act, 1861 deals with ‘Police-officers may lay information, etc.’? |
Section 24 |
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According to Section 24, a police officer has the authority to lay information before whom? |
A Magistrate |
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For what purpose can a police officer lay information before a Magistrate under Section 24? |
To apply for a summons, warrant, search warrant or other legal process |
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Section 24 of the Police Act empowers a police officer to apply for a summons, warrant, or search warrant against any person: |
Who has committed an offence. |
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Which provision of the Police Act, 1861 deals with ‘Police-officers to take charge of unclaimed property, and be subject to Magistrate’s orders as to disposal’? |
Section 25 |
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It is the duty of every police officer to take charge of all: |
unclaimed property |
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Every police officer must furnish an inventory of the unclaimed property to whom? |
The Magistrate of the district |
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Regarding the disposal of unclaimed property, a police officer is required to be guided by the orders they receive from which official? |
The Magistrate. |
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Which provision of the Police Act, 1861 deals with ‘Magistrate may detain property and issue proclamation’? |
Section 26 |
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Who is empowered under Section 26 to issue a proclamation regarding unclaimed property? |
The Magistrate of the district |
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A proclamation issued under Section 26 must specify: |
The articles of which the unclaimed property consists. |
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The proclamation under Section 26 requires a claimant to appear and establish their right to the property within what period? |
Six months from the date of the proclamation. |
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What happens to the unclaimed property and the proclamation process, according to Section 26(2)? |
The provisions of the Code of Criminal Procedure, 1973 (as substituted) or BNSS, 2023 are applicable. |
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Which provision of CRPC or BNSS is applicable to property mentioned under section 26 of the Police Act, 1861? |
section 525 of the Code of Criminal Procedure, 1882 OR section 429 of the Code of Criminal Procedure, 1973 OR Section 505 of BNSS, 2023 |
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Which provision of the Police Act, 1861 deals with ‘Confiscation of property if no claimant appears’? |
Section 27 |
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If no person claims unclaimed property within the period allowed (as per Section 26), who may order its sale? |
The Magistrate of the district |
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The sale-proceeds of unclaimed property sold under Section 27 are placed at the disposal of which entity? |
The State Government |
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What is the specific action that can be taken regarding unclaimed property under Section 27 if no claimant appears within the stipulated time? |
Confiscation and sale |
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Section 27 also covers the proceeds of property that was sold earlier under which other section because it was of a perishable nature? |
Section 26 |
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What is the ultimate fate of the unclaimed property or its sale proceeds if no claimant appears within the period specified in the proclamation? |
It is confiscated and placed at the disposal of the State Government. |
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Which provision of the Police Act, 1861 deals with ‘Persons refusing to deliver up certificate, etc., on ceasing to be police-officers’? |
Section 28 |
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Who does Section 28 apply to? |
Persons who have ceased to be enrolled police officers. |
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What are the items a former police officer is required to "forthwith deliver up" under Section 28? |
Their certificate and all police-issued property, including clothing, accoutrements, appointments, and other necessaries. |
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What is the maximum fine for an offense under Section 28? |
Two hundred rupees. |
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What is the maximum term of imprisonment for an offense under Section 28? |
Six months. |
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What is the alternative or additional penalty for an offense under Section 28? |
Imprisonment with or without hard labor. |
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Which provision of the Police Act, 1861 deals with ‘Penalties for neglect of duty, etc.’? |
Section 29 |
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A police officer who is guilty of any violation of duty or willful breach or neglect of any lawful order is liable to penalties under which section? |
Section 29 |
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Before whom is a police officer convicted for an offense under Section 29? |
A Magistrate |
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What is the penalty for a police officer who offers unwarranted personal violence to any person in their custody? |
Up to three months' pay, or imprisonment up to three months, or both. |
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Whether A police officer who withdraws from duty without permission or without giving the required two months' notice is liable under Section 29? |
True |
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What is the punishment for a police officer who is guilty of cowardice while on duty? |
Up to three months' pay, or imprisonment up to three months, or both |
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Which provision of the Police Act, 1861 deals with ‘Regulation of public assemblies and processions and licensing of the same’? |
Section 30 |
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Which officer is primarily responsible for directing the conduct of all assemblies and processions on public roads under Section 30? |
The District Superintendent or Additional District Superintendent Assistant District Superintendent or Joint District Superintendent |
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Under Section 30, who determines if an assembly or procession requires a license due to the potential for a breach of the peace? |
The Magistrate of the district or sub-division |
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What information is specified in a license issued for a public assembly or procession under Section 30? |
The names of the licensees and the conditions for the event. |
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Is there a charge for obtaining a license under Section 30? |
No, the Act specifies no fee. |
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Which section of the police Act 1861 deals with the power of District Superintendent of police to regulate the extent to which music may be used in streets on the occasion of festivals and ceremonies? |
Section 30(4) |
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Section 30 also permits the District Superintendent to regulate music in streets during which occasions? |
Festivals and ceremonies. |
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Which provision of the Police Act, 1861 deals with ‘Powers with regard to assemblies and processions violating conditions of licence’? |
Section 30-A |
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Who all empowered under Section 30A to stop a procession that violates its license conditions? |
Any Magistrate District Superintendent of Police Assistant District Superintendent of Police Inspector of Police Police Officer in charge of a station |
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A procession or assembly that neglects or refuses to obey an order to disperse under Section 30A shall be deemed to be: |
An unlawful assembly |
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The power under Section 30A is specifically related to assemblies and processions that violate the conditions of a license granted under which other section of the Police Act? |
Section 30 |
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Which provision of the Police Act, 1861 deals with ‘Police to keep order on public roads, etc.’? |
Section 31 |
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What is the primary duty of the police under Section 31 regarding public roads, streets, and thoroughfares? |
To keep order. |
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Section 31 requires the police to prevent obstructions in what types of locations? |
On public roads, streets, thoroughfares, ghats, and landing-places. |
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The police are required to prevent obstructions during which specific public events, according to Section 31? |
Assemblies and processions. Public worship. When any public place may be thronged or obstructed. |
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Which provision of the Police Act, 1861 deals with ‘Penalty for disobeying orders issued under last three sections, etc.’? |
Section 32 |
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A person who opposes or does not obey orders issued under Police Act is liable to be fined on conviction before a: |
Magistrate |
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Under Section 32, a person can also be held liable for violating the conditions of a license granted by which police officer? |
Additional District Superintendent Or Joint District Superintendent or Assistant District Superintendent of Police |
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What is the maximum fine that can be imposed under Section 32 for disobeying orders or violating license conditions? |
Not exceeding two hundred rupees |
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The license referred to in Section 32 can be for the use of music or for the conduct of what? |
Assemblies and processions |
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Which provision of the Police Act, 1861 deals with ‘Power to prohibit mass drill or mass training, etc.’? |
Section 32- A |
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Who is empowered under Section 32A(1) to prohibit mass drills or mass training? |
The Magistrate of the district |
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For what purpose can the Magistrate of the district exercise the power to prohibit mass drills or mass training under Section 32A(1)? |
For the preservation of the public peace or public safety |
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The prohibition under Section 32A(1) applies to: |
Any area within the local limits of the Magistrate's jurisdiction |
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When the Magistrate of the district considers it necessary to prohibit mass drills or mass training, they can do so by: |
A public notice or by order |
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Section 32A(1) was inserted into the Police Act, 1861, by which specific amendment? |
The Police (Uttar Pradesh Amendment) Act, 1984 |
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The Magistrate can prohibit mass drills or training with arms when it arouses reasonable apprehension that the participants are likely to cause: |
Fear or alarm or a feeling of insecurity among the public. |
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What specific activity can be prohibited by the Magistrate under this section? |
Carrying of arms. |
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For the purpose of section 32A "arms" means any type of offensive weapon and includes |
lathi, danda, stick and belcha. |
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What is the maximum term of imprisonment for a person convicted of violating an order under Section 32A(1)? |
Three months |
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Who may either on his own motion or on the application of any person aggrieved, rescind or alter any order made by him under sub-section (1) of section 32A? |
The Magistrate of the district |
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Who may, either on its own motion or on the application of any person aggrieved, rescind or alter any order made by it under the proviso to sub-section (2) or by the Magistrate of the district under subsection (1) of section 32A? |
The State Government |
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Where an application is received, who, as the case may be shall afford to the applicant an opportunity of appearing before him or it either in person or by Pleader and showing cause against the order? |
the Magistrate of the District or the State Government |
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Which provision of the Police Act, 1861 deals with ‘Penalty for contravention of prohibition under Section 32-A’? |
Section 32-B |
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Whoever contravenes any prohibition made under Section 32-A, shall be liable on conviction before a Magistrate:
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to imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees or with both |
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An offence punishable under section 32-B shall be |
cognizable |
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Which provision of the Police Act, 1861 deals with ‘Saving of control of Magistrate of district’? |
Section 33 |
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What does Section 33 state regarding the general control of the Magistrate of the district? |
That the general control of the Magistrate of the district over the matters referred to in the four preceding sections is not interfered with. |
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Which provision of the Police Act, 1861 deals with ‘Punishment for certain offences on roads, etc.’? |
Section 34 |
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Who can extend the provisions of Section 34 to a specific area? |
The State Government |
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A person commits an offense under Section 34 if their action causes obstruction, inconvenience, annoyance, risk, danger, or damage to: |
The residents (visitors) or passengers |
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Upon conviction before a Magistrate for an offense under Section 34, what is the maximum fine that can be imposed? |
Fifty rupees |
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What is the maximum imprisonment term for an offense under Section 34? |
Eight days |
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What power does a police officer have when they witness someone committing an offense under Section 34? |
They can take the person into custody without a warrant. |
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Which is an act that can be penalized under Section 34? |
Slaughtering cattle, furious riding, etc. |
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Which is an act that can be penalized under Section 34? |
Cruelty to animals |
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Which is an act that can be penalized under Section 34? |
Obstructing passengers |
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Which is an act that can be penalized under Section 34? |
Exposing goods for sale |
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Which is an act that can be penalized under Section 34? |
Throwing dirt into street |
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Which is an act that can be penalized under Section 34? |
Being found drunk or riotous |
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Which is an act that can be penalized under Section 34? |
Indecent exposure of person |
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Which is an act that can be penalized under Section 34? |
Neglect to protect dangerous places. |
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Who may, by notification in the official gazette, extend to any rural area, specified in the notification, the provisions of sub-section (1) of sec 34? |
The State Government |
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The extension under sub-section (2) of section 34 shall be for: |
a specified period |
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Which provision of the Police Act, 1861 deals with ‘Compounding of offences under sections 32 and 34’? |
Section 34-A |
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Which authority is empowered under Section 34-A to compound the specified offenses? |
The District Superintendent of Police |
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When can an offense be compounded under Section 34-A? |
Either before or after the institution of a prosecution. |
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What is the maximum composition fee under Section 34-A? |
Not exceeding the amount of the fine for the offense. |
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What is the effect of compounding an offense under Section 34-A before the institution of prosecution? |
The offender is set at liberty and is not liable for prosecution. |
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What is the effect of compounding an offense under Section 34-A after the institution of prosecution? |
The composition shall amount to the acquittal of the offender. |
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Which provision of the Police Act, 1861 deals with ‘Jurisdiction’? |
Section 35 |
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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 |
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Section 35 applies to which rank of police officers and above? |
Any officer who is higher in rank than a constable |
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Which provision of the Police Act, 1861 deals with ‘Power to prosecute under other law not affected’? |
Section 36 |
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According to Section 36 of the Police Act, 1861, can a person be prosecuted under another law for an offense that is also punishable under this Act? |
Yes, and they may receive a higher penalty. |
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Section 36 explicitly provides that for an offense punishable under both the Police Act and another regulation or act, the person may be liable for: |
The penalty provided by the other regulation or act, even if it is higher. |
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What principle of law does the proviso to Section 36 uphold? |
The principle of double jeopardy, stating that a person cannot be punished twice for the same offense. |
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Which provision of the Police Act, 1861 deals with ‘Recovery of penalties and fines imposed by Magistrates’? |
Section 37 |
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According to Section 37, the provisions of which Code or Sanhita apply to the recovery of penalties and fines imposed under the Police Act? |
Indian Penal Code, 1860 or BNS, 2023 and Code of Criminal Procedure, 1973 or BNSS, 2023 |
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Section 37 states that the provisions of the IPC or BNS concerning fines shall apply to penalties and fines imposed under the Police Act. Which sections of the IPC or BNS are specifically mentioned in this context? |
Sections 64 to 70 IPC SECTION 8 OF BNS, 2023 |
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Section 37 states that the provisions of the CRPC or BNSS concerning fines shall apply to penalties and fines imposed under the Police Act. Which sections of the CRPC or BNSS are specifically mentioned in this context? |
sections 386 to 389 of the Code of Criminal Procedure, 1882 OR sections 421 to 424 of the Code of Criminal Procedure, 1973 OR SECTION 461 TO 464 BNSS, 2023 |
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In the case of a fine imposed under Section 34 of the Police Act, what is the maximum imprisonment period in default of payment of the fine, as per the proviso to Section 37? |
Eight days |
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Under Section 37, the provisions of the Code of Criminal Procedure or BNSS regarding fines are made applicable to penalties and fines imposed under the Police Act, following a conviction before a: |
Magistrate |
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Which provision of the Police Act, 1861 deals with ‘Procedure until return is made to warrant of distress’? |
Section 38 (repealed) |
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Section 38 is repealed by- |
Section 14 of the Police Amendment Act, 1895 (8 of 1895) |
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Which provision of the Police Act, 1861 deals with ‘Imprisonment of distress not sufficient’? |
Section 39 (repealed) |
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Section 39 is repealed by- |
Section 14 of the Police Amendment Act, 1895 (8 of 1895) |
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Which provision of the Police Act, 1861 deals with ‘Levy of fines from European British Subjects’? |
Section 40 (repealed) |
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Section 40 is repealed by- |
Section 14 of the Police Amendment Act, 1895 (8 of 1895) |
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Which provision of the Police Act, 1861 deals with ‘Rewards to police and informers payable to General Police Fund’? |
Section 41 (repealed) |
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Section 41 is repealed by- |
Rep. by the A. O. 1937 |
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Which provision of the Police Act, 1861 deals with ‘Limitation of actions’? |
Section 42 |
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Any action or prosecution against a person for an act done under the provisions of the Police Act must be commenced within what timeframe after the act was committed? |
Three months |
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If an action is brought against a police officer, to whom must the written notice be given? |
The defendant The District Superintendent. An Assistant District Superintendent Additional District Superintendent Joint District Superintendent |
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Before commencing an action against a police officer, a written notice must be given at least how long before the action begins? |
One month |
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What happens if a police officer makes a tender of sufficient amends before an action is brought against them? |
The plaintiff cannot recover in the action. |
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If a police officer is criminally prosecuted for an act, and a civil action is subsequently filed for the same act, what does Section 42 state? |
No action shall lie where the officer has already been prosecuted criminally for the same act. |
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Which provision of the Police Act, 1861 deals with ‘Plea that act was done under warrant’? |
Section 43 |
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When a police officer faces legal action for an official act, what defense can they use under Section 43? |
That they were acting under the authority of a warrant issued by a Magistrate. |
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To successfully use the defense provided by Section 43, what must the police officer produce? |
The warrant that directed the act, signed by a Magistrate. |
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Section 43 offers a form of protection to police officers who act on the basis of a lawful command from a: |
Magistrate. |
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According to Section 43, what is the requirement for proving the authenticity of the Magistrate's signature on the warrant? |
Proof is only necessary if the court has a reason to doubt its genuineness. |
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If a remedy is available against the authority that issued the warrant, what does the proviso to Section 43 state? |
The remedy is not affected by anything contained in Section 43. |
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Under Section 43, if a police officer successfully proves that they acted under a warrant, they are entitled to a decree in their favor, even if there was a defect in the Magistrate's: |
Jurisdiction. |
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Which provision of the Police Act, 1861 deals with ‘Police-officers to keep diary’? |
Section 44 |
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Who is mandated to keep a general diary (GD) under Section 44? |
Every officer in charge of a police station |
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The form of the general diary is prescribed by which authority? |
The State Government |
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Which details must be recorded in the general diary? |
The names of all persons arrested All complaints and charges preferred The names of the complainants |
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The Magistrate of the district has the authority to: |
Call for and inspect the diary. |
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Which provision of the Police Act, 1861 deals with ‘State Government may prescribe form of returns’? |
Section 45 |
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Who has the authority to direct the submission of returns by the Inspector-General and other police officers? |
The State Government |
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In addition to directing the submission of returns, the State Government also has the power to: |
Prescribe the form in which the returns shall be made. |
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Which provision of the Police Act, 1861 deals with ‘Scope of Act’? |
Section 46 |
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According to Section 46, the Police Act of 1861: |
Does not automatically take effect but can be extended by a State Government. |
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How does a State Government extend the whole or any part of the Police Act, 1861, to a particular area? |
By an order published in the Official Gazette. |
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Once the Act has been extended to a State, the State Government can, by notification in the Official Gazette, make rules that are: |
Consistent with the Act. |
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The rules that can be made under Section 46(2) can regulate the procedure to be followed by: |
Magistrates and police officers. |
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By whom can the rules made under Section 46 be amended, added to, or cancelled? |
By the State Government, from time to time. |
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Which provision of the Police Act, 1861 deals with ‘Authority of District Superintendent of Police over village police’? |
Section 47 |
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What is the subject matter of Section 47 of the Police Act, 1861? |
The authority of the District Superintendent of Police over village police. |
