Section 15A of the Police Act, 1861: Compensation for Riot-Related Injury and Property Damage
Section 15A provides a special statutory process for compensation for death, grievous hurt or property loss arising from specified misconduct in an area covered by a proclamation under Section 15. The provision also has a distinct Odisha state amendment.
Meaning and requirements of Section 15A
Under the central text, an inhabitant claiming injury arising from misconduct in an area under a Section 15 proclamation may apply to the district or sub-divisional Magistrate within one month of the injury, or any shorter prescribed period. The district Magistrate, with State Government sanction and after an enquiry, may identify affected persons, fix compensation and apportion liability among non-exempt inhabitants.
The Magistrate must be satisfied that the injury arose from a riot or unlawful assembly in the area and that the injured person was free from blame in the occurrences leading to it. The State Government can exempt persons or classes of inhabitants from payment. Orders are subject to the statutory revision mechanism. Section 15A(5) bars a civil suit for an injury for which compensation has already been awarded under that section.
Meaning of inhabitants: Section 15 includes certain occupiers, holders of immovable property and landlords collecting rents, even if they do not personally reside in the area. This extended definition is adopted for Section 15A.
Section 15A: Full statutory text and state amendment
The following reproduces the substantive text from the original webpage, including its historical notes and the Odisha (formerly Orissa) amendment. The original text contains apparent transcription errors in the Odisha portion; consult the official statute before quoting it in a legal proceeding.
(1) If, in any area in regard to which any proclamation notified under the last preceding section is in force, death or grievous hurt or loss of, or damage to, property has been caused by or has ensued from the misconduct of the inhabitants of such area or any class or section of them it shall be lawful for any person, being an inhabitant of such area, who claims to have suffered injury from such misconduct to make, within one month from the date of the injury or such shorter period as may be prescribed, an application for compensation to the Magistrate of the district or of the sub-division of a district within which such area is situated.
(2) It shall thereupon be lawful for the Magistrate of the district, with the sanction of the 2[State Government] after such enquiry as he may deem necessary, and whether any additional police-force has or has not been quartered in such area under the last preceding section, to
(a) declare the persons to whom injury has been caused by or has ensued from such misconduct;
(b) fix the amount of compensation to be paid to such persons and the manner in which it is to be distributed among them; and
(c) assess the proportion in which the same shall be paid by the inhabitants of such area other than the applicant who shall not have been exempted from liability to pay under the next succeeding sub-section:
Provided that the Magistrate shall not make any declaration or assessment under this sub-section, unless he is of opinion that such injury as aforesaid has arisen from a riot or unlawful assembly within such area, and that the person who suffered the injury was himself free from blame in respect of the occurrences which led to such injury.
(3) It shall be lawful for the 2[State Government], by order, to exempt any persons or class or section of such inhabitants from liability to pay any portion of such compensation.
(4) Every declaration or assessment made or order passed by the Magistrate of the district under sub-section (2) shall be subject to revision by the Commissioner of the Division or the 2[State Government], but save as aforesaid shall be final.
(5) No civil suit shall be maintainable in respect of any injury for which compensation has been awarded under this section.
(6) Explanation. "In this section the word inhabitants shall have the same meaning as in the last preceding section.
STATE AMENDMENT
Orissa.--
Amendment of section 15-A.--In the Police Act, 1861 (Act 15 of 1861), in its
application to Amendment the State of Orissa, for section 15-A, the following
section shall be substituted, namely:--
15-A. Awarding compensation to sufferers from misconduct of inhabitants of any area.--(1) If, any area, death or grievous hurt Awarding or loss of or damage to property (including public property) has been caused by or has-ensued from sufferers the misconduct of the inhabitants of such area or any class or section of them or from the failure inhabitants on their part to render assistance in preventing such loss or damage, it shall be lawful for any person who claims to have suffered injury, loss or case from such misconduct or failure, to make within one month from the date of the injury, loss or damage, as the case may be, an application for compensation to the Magistrate of the district within which such area is Situated.
(2) It shall thereupon be lawful for the Magistrate of the district, with the sanction of the State Government, after such enquiry as he may deem necessary, and whether any additional Police Force has or, has not been quartered in such area under the last preceding section to--
(a) declare the limits of the area the inhabitants of which have, in his opinion, been guilty of such misconduct or failure;
(b) declare the persons to whom injury, loss or damage has been caused by or has ensued from such misconduct or failure,
(c) fix the amount of compensation to be paid to such person and where there are More than one such person, the manner in which it is to be distributed among them; and
(d) assess the proportion in which the same 'shall be paid by the inhabitants (other than the applicant) of such area who shall not have been exempted under sub-Section (3) from the liability to pay:
Provided that where the applicant is a private individual, the Magistrate shall not make any declaration unless he is of opinion that such injury, loss or damage as aforesaid has arisen from a riot or unlawful assembly within such area and that the applicant was himself free from blame in respect of the occurrence which led to the injury, loss or damage.
(3) It shall be lawful for the State Government, by order, to exempt any person or class or section of such inhabitants from the liability to pay any portion of such compensation.
(4) Every declaration or assessment made or order passed by the Magistrate of the district under sub-section (2) shall be subject to revision by the Revenue Divisional Commissioner or the State Government, but save as aforesaid, shall be final.
(5) No civil suit shall be maintainable in respect of any injury, loss or damage for which compensation has been awarded under this section.
Explanation I--in this section--
(a) "inhabitants" shall have the same meaning as in section 15;
(b) "person" shall include the Central Government, the Government of any State, any Local Authority, any Company, any Corporation and any Association or body of individuals, whether incorporated or not;
(c) "Public property" shall have reference to any property owned by or belonging to--
(i) the Central Government or the Government of any State;
(ii) any local authority;
(iii) Any corporation established under any is owned, controlled or managed, partly or wholly, by the Central Government or any State Government;
(iv) any Company in which not less than fifty-one per cent of the share capital is held by the Central Government or any State Government or Jointly by more than one such government; and
(v) any autonomous body established under any law.
Explanation II- An application under sub-section (1) maybe made--
(a) In case of the Government, by such officer as the Government may authorize in that behalf, and
(b) In the case of any local authority , Company, Corporation, Association or body, by the person who is in charge of the property."
[Vide the Orissa Act 5 of 1976, s. 2]
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1. Ins. by s. 5, ibid.
2. Subs. by the A.O. 1950, for "Provincial Government" which had been subs. by the A.O. 1937, for "L.G.".
Odisha state amendment: Key differences
The Odisha amendment substitutes a separate Section 15A. It expressly includes damage to public property and misconduct involving failure to assist in preventing loss or damage. It provides for applications by eligible persons, including government and institutional bodies as defined in its explanations, and authorizes the district Magistrate, with State Government sanction, to identify the affected area, beneficiaries, compensation and contribution shares.
For private individual applicants, the substituted provision retains conditions relating to riot or unlawful assembly and absence of blame. It also provides for exemptions, revision and a restriction on civil suits for compensated injury, loss or damage. The original webpage cites Orissa Act 5 of 1976, Section 2.
Practical procedure for compensation claims
- Identify the governing state legislation and confirm whether Section 15A or a state-specific provision applies.
- Check any applicable Section 15 proclamation and the statutory deadline.
- Collect records of injury, death or property damage, evidence of the incident, and documents supporting the claim.
- Apply to the competent Magistrate and seek details of the enquiry and State Government sanction.
- Examine any assessment or compensation order and the available statutory revision remedy.
Official legal sources
India Code: The Police Act, 1861 (official PDF). The PDF includes Sections 15 and 15A and the state amendment material. Also consult the India Code portal and relevant state government notifications for territorial applicability.
This article is general legal information and is not a substitute for advice on a particular claim.