Section 2 of the Police Act, 1861: Constitution of the Police Force

Section 2 of the Police Act, 1861 (Act 5 of 1861) establishes the statutory basis for constituting and enrolling a police force under a State Government. It also addresses the determination of pay and service conditions for subordinate ranks, subject to the Act and applicable State law.

Applicability: Police legislation differs between States. This discussion explains the central text of Section 2; a State Police Act, amendment, rule or notification may govern a particular police establishment.

Text of Section 2 - Constitution of the force

The entire police-establishment under a State Government shall, for the purposes of this Act, be deemed to be one police-force, and shall be formally enrolled; and shall consist of such number of officers and men, and shall be constituted in such manner, as shall from time to time be ordered by the State Government.
Subject to the provisions of this Act, the pay and all other conditions of service of members of the subordinate ranks of any police-force shall be such as may be determined by the State Government.

Reading text with historically omitted words and footnote markers removed for clarity. For the annotated legislative wording, consult the official India Code PDF of the Police Act, 1861.

Meaning and legal effect of Section 2

One police force under the State Government

For the purposes of the Act, the police establishment under a State Government is treated as one police force. This statutory description does not by itself displace the organizational arrangements established by later State legislation.

Formal enrolment

The provision requires formal enrolment of the police force. The procedures and documentation for appointment and enrolment must be read with the applicable recruitment rules, service rules and other provisions governing the relevant force.

Strength and constitution of the force

The State Government determines, from time to time, the number of personnel and the manner in which the force is constituted, within the framework of applicable law.

Pay and conditions of service

Section 2 authorizes the State Government to determine pay and other conditions of service of subordinate-rank members, subject to the Act. Recruitment, promotions, discipline and related service matters may also be regulated by valid rules and State-specific legislation.

Important terms and connected provisions

Police: Under Section 1, the term includes persons enrolled under the Police Act, 1861.
Subordinate ranks: Section 1 refers to members of a police force below the rank of Deputy Superintendent.
Section 3 - Superintendence: Addresses the State Government's superintendence of police in a general police-district.
Section 4 - Police administration: Addresses the administrative structure involving the Inspector-General and district police officers, subject to applicable modifications.
Section 8 - Certificates: Addresses certificates issued to police officers and associated statutory matters.

Historical legislative notes

The Adaptation of Laws Order, 1950 substituted "State Government" for "Provincial Government", which had replaced the earlier reference to the Lieutenant-Governor under the 1937 adaptation.
The provision relating to provinces under the Lieutenant-Governor of Bengal was repealed, to the relevant extent, by the Bengal Police Act, 1869 (Bengal Act 7 of 1869).
For historical enrolment variations, the original annotations refer readers to the notes to Section 8.
The words concerning payment to members of the force in the first paragraph were omitted by the Adaptation of Laws Order, 1937.
Other words in the first paragraph were also omitted by that Order.
The separate paragraph on pay and service conditions of subordinate ranks was inserted by the Adaptation of Laws Order, 1937.

Application in present-day police administration

Police is a State subject under Entry 2 of List II of the Seventh Schedule to the Constitution of India. Accordingly, readers should check the police statute, amendments, service rules and government orders applicable in the relevant State or Union Territory before relying on Section 2 for a recruitment or service dispute.

Frequently asked questions

Who decides the strength of the police force under Section 2?

The State Government determines the number of personnel and the constitution of the force, subject to applicable law.

Does Section 2 regulate police salaries?

It provides that the pay and other service conditions of subordinate ranks are determined by the State Government, subject to the Act and applicable legal provisions.

Does the Police Act, 1861 apply identically in every State?

No. State enactments, amendments and notifications may change the applicable legal framework.

Official legal references

India Code - Police Act, 1861 | Official Act text (PDF) | Ministry of Home Affairs - Police legislation and State responsibility

Legal information only. Verify the applicable State legislation and the latest official notifications for individual matters.