The Police Act, 1861 | Act 5 of 1861
Section 1 of the Police Act, 1861 - Interpretation Clause
Section 1 defines important expressions used in the Police Act, 1861. These statutory meanings guide the interpretation of provisions dealing with police administration, officers, districts and related duties.
Meaning and purpose of Section 1
An interpretation clause provides definitions for words used elsewhere in a statute. Section 1 applies its definitions unless the subject or context requires a different interpretation. It does not, by itself, confer general arrest, investigation or disciplinary powers.
Key definitions explained
| Expression | Meaning under Section 1 |
|---|---|
| Magistrate of the district | Chief district executive officer exercising magisterial powers, regardless of official designation. |
| Magistrate | Persons exercising all or some magisterial powers within the relevant police district. |
| police | Persons enrolled under the Act; not every person carrying out security functions. |
| general police-district | Territory to which the Act has been brought into operation. |
| District Superintendent / District Superintendent of Police | Includes an authorised assistant or other person designated by State Government order to perform the relevant duties. |
| property | Includes movable property, money and valuable security. |
| person | Includes companies and corporations. |
| month | A calendar month. |
| cattle | Includes specified animals beyond horned cattle, such as elephants, horses, sheep and goats. |
| subordinate ranks | Members below the rank of Deputy Superintendent. |
Section 1 - Statutory wording
The following reproduces the wording contained in the earlier page, with editorial footnote markers removed for readability. For authoritative wording and amendments, consult the official India Code text of the Police Act, 1861.
The following words and expressions in this Act shall have the meaning assigned to them, unless there be something in the subject or context repugnant to such construction, that is to say-
the words "Magistrate of the district" shall mean the chief officer charged with the executive administration of a district and exercising the powers of a Magistrate, by whatever designation the chief officer charged with such executive administration is styled:
the word " Magistrate" shall include all persons within the general police-district, exercising all or any of the power of a Magistrate:
the word "police" shall include all persons who shall be enrolled under this Act:
the words "general police-district" shall embrace any1 presidency, 2 [State] or place, or any part of any presidency, 3 [State] or place, in which this Act shall be ordered to take effect:
4 [the words "District Superintendent" and "District Superintendent of Police" shall include any Assistant District Superintendent or other person appointed by general or special order of the 5[State] Government] to perform all or any of the duties of a District Superintendent of Police under this Act in any district:]
the word "property" shall include any moveable property money, or valuable security: 6 * * * * *
the word "person" shall include a company or corporation:
the word "month" shall mean a calendar month:
7 the word "cattle" shall, besides horned cattle, include elephants, camels, horses, asses, mules, sheep, goats and swine.
How the interpretation clause operates
When interpreting provisions such as Section 2 (constitution of the force), Section 3 (State Government superintendence) and Section 4 (police administration), the expressions defined in Section 1 should be read in their statutory context. Later enactments, State-specific police laws and applicable amendments may affect how a term operates in a particular jurisdiction.
Historical legislative and territorial notes
The original publication includes extensive historical references to territorial extensions, State amendments, repeals and editorial footnotes. These are retained below as historical source notes, not as a representation that every listed territorial arrangement remains operative today.
Read historical application, amendment and editorial notes
8 [References to the subordinate ranks of a police force shall be construed as references to members of that force below the rank of Deputy Superintendent.]
----------------------
1. Short title given by the Indian Short Titles Act, 1897 (14 of 1897).
This Act has been applied to
the Sonthal Parganas by the Sonthal Parganas Settlement Regulation,1872 (3 of 1872), s. 3;
the Town of Calcutta and its suburbs, with modifications by the Calcutta Police Act, 1898 (Ben.1 of 1898);
the Khondmals District by the Khondmals Laws Regulation, 1936 (4 of 1936), s. 3 and Schedule;
the Angul District by the Angul Laws Regulation, 1936 (5 of 1936), s. 3 and Schedule; and
the areas transferred to Orissa from the Madras Presidency, by the Orissa Laws Regulation, 1936 (1 of 1936).
It has been declared, by notification under section 3 (a) of the Scheduled Districts Act, 1874 (14 of 1874), to be in force in the following Scheduled Districts, namely:
The District of Hazaribagh, Lohardaga (now the Ranchi District, see Calcutta Gazette, 1899 Part I, p.44) and Manbhum and Pargana Dhalbhum and the Kolhan in the District of Singhbhum, see Gazette of India, 1881, Part I p.504, and the Porahat Estate in the Singhbhum District, see Gazette of India, 1897, Part I, p 1059.
It has been extended, by notification under s. 5 of the same Act, to the Kumaon and Garhwal Districts, see Gazette of India, 1891, Part I, p.185, and (with the exception of s. 5) to the Scheduled District of Coorg, see Gazette of India, 1914, Part II, p. 2347. Ss. 15, 15A, 16, 30, 30A, 31 and 32 have been extended to the Scheduled Districts in Ganjam and Vizagapatam, see Fort St. George Gazette, 1898, Part I, p.667, and Gazette of India, 1898, Part I, p. 873.The whole Act has been extended to the Amindivi Islands attached to the South Kanara District; see Fort St. George Gazette, 1935, Part I, p. 1202.
It has been extended to the Merged States and the States of Bhopal, Bilaspur, Himachal Pradesh and Kutch by the Merged States (Laws) Act, 1949 (59 of 1949), and to the States of Manipur, Tripura and Vindhya Pradesh by the Part C States (Laws) Act, 1950 (30 of 1950).
It has been extend to (1) and brought into force in Dadra and Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1963, s. 2 and the First Schedule;
(2) Laccadive Minicoy and Amindivi Islands (w.e.f. 1-10-1967): vide Reg. 8 of 1965, s. 3 and Schedule;
(3) the whole of Madhya Pardesh by M.P. Act 23 of 1958 (when notified); and
(4) Goa, Daman and Diu with modifications, by Reg. 12 of 1962, s. 3 and the Schedule. As to special enactments in force in Madras, Bombay and Lower Provinces of Bengal, and extensions of this Act under the power conferred by section 46, see notes to that section.
As to special enactments for Military, Frontier or Rural Police in force in certain parts of the States, see footnote to section 8.
As to the creation of special police-districts embracing parts of two or more Provinces and the extension to every part thereof the powers and jurisdiction of members of a police force belonging to any part of the States, see the Police Act, 1888 (3 of 1888).
The Act has been amended in its application to the C.P. and Berar by C.P. and Berar Act 3 of 1937; Madras by Madras Act 13 of 1948; the U.P. by U.P. Acts 2 of 1939, 2 of 1944 and 32 of 1952; Punjab by E.P. Act 30 of 1948; Pondicherry by Pondicherry Act 7 of 1968; West Bengal by West Bengal Act 5 of 1973; Orissa by Orissa Acts 5 of 1976 and 34 of 1976 and Sikkim by Skkim Act 7 of 1980.
Repealed in its application to Bellary District by Mysore Act 14 of 1955. 2. Under s. 2 of Police Act, 1888 (3 of 1888), the Central Government may, notwithstanding this provision, create a special police-district, consisting of parts of two or more States.
As to Delhi State, see Gazette of India, 1912, Pt. I, p. 1105.
3. Subs. by the A.O. 1950, for "Province".
4. Ins. by Act 8 of 1895, s. 1.
5. Subs. by the A.O. 1950, for "Provincial Government" which had been subs. by the A.O. 1937, for "L.G."
6. The definitions relating to "number" and "gender" rep. By Act 10 of 1914, s. 3 and the Second Schedule.
7. Cf. Definition of "cattle" in s. 3 of the Cattle-trespass Act, 1871 (1 of 1871). 8. Ins. by the A.O. 1937.
Official reference
Consult the India Code record for the Police Act, 1861 and the official PDF. The applicable State Police Act, notifications and subsequent amendments should also be checked.
Updated: 1 November 2026. General legal information; not a substitute for checking the applicable law and official notifications.