Section 23 of the Police Act, 1861: Duties of Police Officers
Section 23 describes the principal responsibilities of police officers: executing lawful orders, maintaining public peace, preventing offences, detecting offenders and making legally authorised arrests. It also contains a specific provision about entry into certain premises without a warrant.
Text of Section 23 - Duties of police-officers
It shall be the duty of every police-officer promptly to obey and execute all orders and warrants lawfully issued to him by any competent authority; to collect and communicate intelligence affecting the public peace; to prevent the commission of offences and public nuisances; to detect and bring offenders to justice and to apprehend all persons whom he is legally authorized to apprehend, and for whose apprehension sufficient ground exists; and it shall be lawful for every police-officer, for any of the purposes mentioned in this section, without a warrant, to enter and inspect any drinking-shop, gaming-house or other place of resort of loose and disorderly characters.
Meaning and scope of police duties under Section 23
1. Obeying lawful orders and executing warrants
A police officer must promptly carry out orders and warrants lawfully issued by a competent authority. The provision does not require obedience to an unlawful instruction. The issuing authority must possess legal jurisdiction and the warrant or direction must satisfy applicable procedural requirements.
2. Collecting and communicating intelligence affecting public peace
Police officers are expected to gather and share relevant information about threats to public tranquillity, including potential violence or serious disturbances. Information-gathering must remain within statutory and constitutional limits, including applicable privacy safeguards.
3. Preventing offences and public nuisances
The section places a preventive responsibility on the police. This may involve lawful steps to prevent an imminent offence, preserve order and address public nuisances. The specific power used must be authorised by the relevant law; a general duty does not itself permit unlimited detention, search or use of force.
4. Detecting offences and bringing offenders to justice
Police officers must detect offences and take lawful investigative steps to bring suspected offenders before the criminal justice system. Registration of information, investigation, evidence collection and reporting are governed by applicable criminal procedure and special statutes.
5. Apprehending persons where authorised by law
Section 23 refers to persons whom an officer is legally authorised to apprehend and for whose apprehension sufficient ground exists. The legality of an arrest depends on the relevant arrest provisions and safeguards, not on Section 23 in isolation.
Entry and inspection without a warrant: statutory limits
The concluding part of Section 23 refers to entry and inspection, for the purposes specified in that section, of a drinking-shop, gaming-house or another place described in its historical wording as a resort of loose and disorderly characters.
- The entry must be connected with one of the purposes stated in Section 23.
- This wording is not a blanket authority to enter every private home or premises without a warrant.
- Applicable state laws, licensing laws, criminal procedure requirements and constitutional protections may impose additional conditions or limitations.
- Any search, seizure, arrest or other coercive action requires its own valid legal basis and must follow the procedure applicable to that action.
Relationship with current criminal procedure law
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) came into force on 1 July 2024 and replaced the Code of Criminal Procedure, 1973 for proceedings to which the new law applies, subject to transitional and saving provisions. It regulates important aspects of police procedure, including information about offences, investigation, arrest and searches. The Bharatiya Nyaya Sanhita, 2023 (BNS) supplies substantive criminal offences in its field of application.
Section 23 states general police duties; the legality of a particular investigative or enforcement step must be tested against the BNSS, applicable state police legislation, special enactments and binding judicial decisions. The BNSS does not automatically displace every provision of the Police Act, 1861.
Odisha (formerly Orissa) state amendment: Section 23-A
The original webpage also records the state amendment introduced by Orissa Act 21 of 1986, Section 2. The historical text is retained below. Its reference to the Code of Criminal Procedure, 1973 should be read with the subsequent changes in criminal procedure law and any applicable saving provisions.
23-A. Power in relation to cognizable offences in a running train
Without prejudice to the provisions contained in the Code of Criminal Procedure, 1973 (2 of 1974), a Sub-Inspector of police, posted to the mobile out-post of the Government Railway Police, shall, while performing duty in a running train, exercise the powers of the officer-in-charge of the local Government Railway Police station for the purposes of investigation into cognizable offences committed in a running train and when so exercising such powers, shall be deemed to be the officer-in-charge of such police-station discharging the functions of such officer within the limits of that Police-station.
Source note: Orissa Act 21 of 1986, Section 2 (as reproduced in the source webpage).
Explanation: The amendment addresses investigation of cognizable offences occurring on a moving train. It concerns a Sub-Inspector posted to a mobile Government Railway Police out-post and the deemed powers of a station officer for the specified investigation. Because this is a state-specific provision, its present operation and wording should be confirmed against the current Odisha legislation and notifications.
Section 23 and related provisions
| Provision | Subject | Relationship to Section 23 |
|---|---|---|
| Section 20 | Authority exercisable by police officers | Addresses statutory limits on police authority. |
| Section 22 | Always on duty and deployment | Addresses duty status and employment within the general police district. |
| Section 24 | Police officers may lay information | Addresses information and proceedings before a Magistrate. |
Frequently asked questions
Does Section 23 allow police to arrest anyone without a warrant?
No. It refers to apprehending persons whom police are legally authorised to apprehend and for whose apprehension sufficient grounds exist. The applicable arrest law and safeguards determine whether an arrest is permitted.
Can police enter any house without a warrant under Section 23?
No. The section refers to specified kinds of premises for the stated policing purposes. It should not be treated as a general warrantless-entry power covering all premises.
Is Section 23 applicable throughout India in 2026?
Its applicability depends on the jurisdiction and relevant state legislation, amendments and other governing laws. A current state-specific check is essential.
Official legal resources
- India Code - Central and State legislation (search for the Police Act, 1861, BNSS, 2023 and relevant state amendments).
- Ministry of Home Affairs, Government of India - criminal law and police administration updates.
- Government of Odisha - state legislation and official notifications.
Legal information reviewed for general context: November 2026. Check current statutory text, territorial application, notifications and judicial decisions before relying on a provision in a specific matter.