Section 20 of the Police Act, 1861: Authority to Be Exercised by Police Officers
Section 20 limits the authority of police officers enrolled under the Police Act, 1861. It makes clear that their powers must have a statutory foundation and cannot be exercised merely because a person holds police office.
Statutory provisionMeaning and scopeCurrent criminal procedureState applicabilityCommon questionsOfficial sources
Text of Section 20: Authority to Be Exercised by Police Officers
20. Authority to be exercised by police-officers.
Police-officers enrolled under this Act shall not exercise any authority, except the authority provided for a police-officer under this Act and any Act which shall hereafter be passed for regulating criminal procedure.
Historical legislative note retained from the source: For certain cases in which the application of Section 20 was restricted, see the Assam Police-officers Regulation, 1883 (2 of 1883), and Section 2 of the Punjab Frontier Police-officer Regulation, 1893 (7 of 1893). These historical references do not establish that either instrument remains applicable in a particular jurisdiction today.
Meaning and Legal Effect of Section 20
1. Police authority must be based on law
The provision restricts the exercise of authority by police officers enrolled under the 1861 Act to authority conferred by that Act and the criminal-procedure legislation referred to in it. It is a limitation on powers, not an unrestricted grant of new powers.
2. What does "authority" mean?
In this context, authority refers to legally conferred powers exercisable in the performance of police functions. The source and limits of a particular power, such as arrest, investigation or search, must be identified in the applicable legislation and interpreted alongside constitutional safeguards.
3. Who is covered?
The words "police-officers enrolled under this Act" identify the personnel to whom Section 20 applies. Officers governed by a different state police statute may be subject to different provisions.
4. Relationship with Sections 17 and 18
Section 17 addresses appointment of special police officers in specified circumstances. Section 18 addresses their powers, privileges, duties and liabilities. Those provisions should be read together with the limits imposed by Section 20, where applicable.
Criminal Procedure After 1 July 2024
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) came into force on 1 July 2024, replacing the Code of Criminal Procedure, 1973 for the general criminal-procedure framework, subject to statutory savings and transitional provisions. The wording of Section 20 is historical and should not be silently rewritten to insert the BNSS into the original enacted text.
For a present-day question about arrest, investigation, search, notice or procedural safeguards, examine the applicable provisions of the BNSS and any other governing special or state law. Section 20 alone does not specify the detailed conditions for these actions.
State Amendments and Local Police Laws
Police administration is significantly regulated through state-specific legislation. Some states and Union Territories have enacted separate police laws or made amendments affecting the operation of the Police Act, 1861. Accordingly, the applicability and wording of Section 20 must be verified for the location and date of the event.
Historical references to the Assam and Punjab Frontier regulations are retained above for completeness, but they should not be treated as a statement of current law without jurisdiction-specific verification.
Frequently Asked Questions
Does Section 20 grant unlimited powers to the police?
No. Its wording restricts police officers to legally conferred authority; it does not independently authorize every investigative or coercive action.
Does Section 20 apply to special police officers?
Sections 17 and 18 should be considered when determining the appointment and powers of special police officers under the 1861 Act. The precise legal position depends on the applicable law and appointment.
Which criminal-procedure law applies in 2026?
The BNSS, 2023 is the general criminal-procedure statute in force from 1 July 2024, subject to its savings and the operation of special laws. Relevant transitional provisions must be considered for earlier proceedings.
Official Legislation and Further Reading
Consult the India Code official legislation database for the Police Act, 1861, the Bharatiya Nagarik Suraksha Sanhita, 2023, and applicable state legislation. The Ministry of Home Affairs also publishes official legislative and policy information.
For further reading, see the Police Act, 1861 overview, Section 19 (refusal to serve as a special police officer), and Section 23 (duties of police officers).
Updated 1 November 2026. This article explains the statutory text and general legal framework; it is not a substitute for checking current legislation and judicial decisions applicable to a particular matter.