Police Act, 1861 | Section 14

Section 14 of the Police Act, 1861: Additional Police Force Near Railways and Other Works

Section 14 of the Police Act, 1861 (Act 5 of 1861) permits the deployment of an additional police force near specified works or commercial establishments where the conduct, or reasonably apprehended conduct, of persons employed there makes additional policing necessary. The Inspector-General must obtain the consent of the State Government. The provision also authorises recovery of the cost of that extra force from the person controlling or holding the funds used for the work or concern.

Section 14: Statutory provision

Whenever any railway, canal or other public work, or any manufactory or commercial concern shall be carried on, or be in operation in any part of the country, and it shall appear to the Inspector-General that the employment of an additional police-force in such place is rendered necessary by the behaviour or reasonable apprehension of the behaviour of the persons employed upon such work, manufactory or concern, it shall be lawful for the Inspector-General, with the consent of the State Government, to depute such additional force to such place, and to employ the same so long as such necessity shall continue, and to make orders, from time to time, upon the person having the control or custody of the funds used in carrying on such work, manufactory or concern, for the payment of the extra force so rendered necessary, and such person shall thereupon cause payment to be made accordingly.

Legislative note: The expression "State Government" was substituted by the Adaptation of Laws Order, 1950, for "Provincial Government", which had replaced "L.G." under the Adaptation of Laws Order, 1937.

Meaning and scope of Section 14

1. Places covered by the provision

The section identifies railways, canals, other public works, manufactories and commercial concerns. It applies to a qualifying work or concern that is being carried on or is in operation; it is not a general power to charge every business for ordinary policing.

2. Requirement of necessity

The Inspector-General must consider additional police necessary because of the behaviour, or reasonable apprehension of the behaviour, of persons employed on the relevant work or concern. The statutory ground should be distinguished from a general desire for additional security.

3. Consent of the State Government

The Inspector-General may depute the extra force only with the consent of the State Government under the central text. Applicable state amendments, replacements and delegations must also be examined.

4. Duration of deployment

The extra force may be employed only for so long as the statutory necessity continues. Section 14 itself does not specify a fixed maximum duration.

5. Liability for the cost

The Inspector-General may make payment orders addressed to the person having control or custody of funds used for the work, manufactory or concern. The statutory provision requires that person to cause payment for the additional force. The exact calculation and recovery process may be affected by applicable rules and state law.

Difference between Sections 13 and 14

Section 13 concerns additional police deputed upon an individual's application to keep the peace, at that applicant's charge, and contains a one-month written notice mechanism for withdrawal. Section 14 addresses additional police deployed near specified works or concerns because of actual or reasonably apprehended employee behaviour, with State Government consent and a statutory cost-payment mechanism. The two provisions have different conditions and should not be treated as interchangeable.

Section 12: Rule-making powers of the Inspector-General, subject to State Government approval. Section 13: Additional police at the cost of individuals. Section 15: Additional police in disturbed or dangerous districts. Section 16: Recovery of money payable under Sections 13, 14, 15 and 15A, subject to the applicable statutory text and amendments.

Practical considerations

Before relying on Section 14 for a particular project or business, verify the law applicable in the relevant state or Union Territory, the identity and authority of the officer making the order, the State Government's consent, the reasons for the additional deployment, the period of necessity and the legal basis for the amount demanded.

Official legislation

Read the Police Act, 1861 on India Code (official PDF) and the India Code legislative database. The central text should be read together with any applicable state-specific amendments or replacement police legislation.

This article explains the central provision for general legal information and is not a determination that the 1861 Act governs every state or Union Territory.