Police Act, 1861 | Section 16 | Legal guide
Section 16 of the Police Act, 1861: Recovery of Police Costs and Compensation
Section 16 sets out how money payable under Sections 13, 14, 15 and 15A may be recovered, and directs how compensation collected under Section 15A must be distributed. The provision should be read alongside applicable state police laws and current procedural legislation.
Section 16 - Statutory text
Recovery of moneys payable under sections 13, 14, 15 and 15A, and disposal of same when recovered.
(1) All moneys payable under sections 13, 14, 15 and 15A shall be recoverable by the Magistrate of the district in the manner provided by sections 386 and 387 of the Code of Criminal Procedure, 1882 (10 of 1882), for the recovery of fines, or by suit in any competent Court.
(2) [Omitted.]
(3) All moneys paid or recovered under section 15A shall be paid by the Magistrate of the district to the persons to whom and in the proportions in which the same are payable under that section.
Editorial presentation of the central provision with punctuation and the omitted subsection identified for readability. Consult the official statutory publication for authoritative wording and any applicable state amendments.
Meaning and scope of Section 16
Section 16 provides a recovery mechanism for amounts arising under four related provisions of the Police Act. It does not itself authorise the initial deployment of additional police or independently determine a compensation award. Those questions arise under the relevant preceding sections.
| Provision | Subject | Connection with Section 16 |
|---|---|---|
| Section 13 | Additional police deployed on an individual's application | Recovery of the charges payable by the applicant |
| Section 14 | Additional police near railways, public works and commercial concerns | Recovery of costs lawfully payable for the additional force |
| Section 15 | Additional police in proclaimed disturbed or dangerous areas | Recovery of apportioned costs from liable inhabitants, subject to exemptions |
| Section 15A | Compensation for qualifying injuries or property loss | Recovery and payment to entitled persons in the determined proportions |
How may the money be recovered?
Subsection (1) identifies two routes: recovery by the District Magistrate using the statutory mechanism for recovering fines, or a suit in a competent court. The underlying liability and amount must have a lawful basis under the applicable provision. The reference to the 1882 Code is historical and should not be treated as an instruction to use a repealed procedural code without examining current law.
Current procedural references
The official Police Act compilation notes that the old reference was historically read with Sections 421 and 422 of the Code of Criminal Procedure, 1973. Following the introduction of the BNSS, the broadly corresponding provisions are Section 461 (warrant for levy of fine) and Section 462 (effect of such warrant). Section 461 addresses, among other things, recovery through attachment and sale of movable property or through the Collector as arrears of land revenue. Their application to a particular Section 16 recovery must be verified against the operative law and any transitional provisions.
Distribution of Section 15A compensation
Subsection (3) requires the District Magistrate to pay money recovered under Section 15A to the persons entitled to compensation, in the proportions determined under that section. It therefore distinguishes money collected for compensating victims from amounts collected towards additional police costs.
Legislative history and important qualifications
- Section 16 was substituted by Section 6 of Act 8 of 1895.
- Subsection (2) was omitted by the Adaptation of Indian Laws Order, 1937.
- The central text refers to the Code of Criminal Procedure, 1882. The official publication notes the later CrPC, 1973 provisions; current proceedings require consideration of the BNSS, 2023.
- State amendments, state police enactments and territorial applicability may change the position in a particular jurisdiction.
Frequently asked questions
Does Section 16 itself impose a new police charge?
No. It provides a means to recover money payable under Sections 13, 14, 15 and 15A, subject to the applicable statutory conditions.
Can Section 16 amounts be recovered through a court?
Yes. The text expressly recognises recovery by suit in a competent court as an alternative to the specified Magistrate recovery mechanism.
Who receives compensation recovered under Section 15A?
The persons entitled under Section 15A receive the recovered amounts in the proportions determined under that section, through the District Magistrate.
Official legislation and further reading
Read the official India Code Section 16 entry, the Police Act, 1861 (official PDF) and the Bharatiya Nagarik Suraksha Sanhita, 2023 (official government PDF).
This is a general statutory explanation, not a determination of liability in any particular case. Verify the version applicable in the relevant state and the date of the proceedings.