Police Act, 1861 | Section 10

Section 10 of the Police Act, 1861: Police Officers Not to Engage in Other Employment

Section 10 restricts a police officer from taking up another employment or office while serving under the Police Act, 1861, unless the Inspector-General expressly permits it in writing.

Text of Section 10

No police-officer shall engage in any employment or office whatever other than his duties under this Act, unless expressly permitted to do so in writing by the Inspector-General.

Meaning and legal effect of Section 10

The provision establishes a general prohibition on outside employment or holding another office by a police officer covered by the Act. Its purpose is to ensure that police personnel remain available for official duties and to reduce conflicts between public responsibilities and private interests.

What does "other employment or office" mean?

The expression is broad. Depending on the facts and applicable service rules, it may cover a second job, an additional paid position or another office outside the officer's police duties. Whether a particular activity is prohibited must be determined under the legislation and service rules applicable to that officer; Section 10 should not be treated as a complete code governing every personal or financial activity.

Who can grant permission?

Under the wording of Section 10, the Inspector-General must expressly permit the additional employment or office in writing. Informal verbal consent is not the written permission required by this section. Where a State police law or valid service rules prescribe a different competent authority or additional approval process, those provisions must also be checked.

Is permission automatic?

No. Section 10 creates an exception only where express written permission has been granted. An application, a pending request or silence from the department does not, by itself, satisfy the statutory requirement.

Application alongside State police laws and service rules

Police administration is governed by the applicable statutory framework in each State or Union Territory. Some jurisdictions have separate police legislation or service regulations. Therefore, before applying Section 10 to a particular officer, confirm whether the Police Act, 1861 applies in that jurisdiction and whether any State amendment, special police statute or conduct rule governs outside employment.

Service conduct rules may independently regulate private trade, business, professional work, remuneration, conflicts of interest and acceptance of outside appointments. The legal consequences of a breach depend on the applicable disciplinary framework and cannot be inferred solely from the text of Section 10.

Practical points for police personnel

Identify the police statute and service rules applicable to your post and jurisdiction.
Disclose the proposed outside role accurately when seeking approval.
Obtain express written permission from the competent authority before commencing the activity.
Retain the approval and comply with any conditions imposed.

Official legal resources

For the authoritative version of the Police Act, 1861, including amendments and jurisdiction-specific material, consult the India Code legislative database. For central legislative publications and related enactments, see the Legislative Department, Government of India. Verify the applicable State police legislation and conduct rules through the relevant State's official publications.

Note: This article explains the text of Section 10 of the Police Act, 1861. Its current application in a particular jurisdiction depends on local legislation, amendments, service rules and any relevant judicial decisions.