Section 24 of the Police Act, 1861: Police Officers May Lay Information Before a Magistrate
Section 24 of the Police Act, 1861 permits a police officer to place information before a Magistrate and seek a summons, warrant, search warrant or another legal process available under law. The provision is an enabling rule: it does not dispense with the conditions imposed by criminal procedure law or confer unrestricted powers on police.
Section 24: Text of the statutory provision
It shall be lawful for any police-officer to lay any information before a Magistrate, and to apply for a summons, warrant, search warrant or such other legal process as may by law issue against any person committing an offence 1 * * *.
Historical legislative note: The words "and to prosecute such person up to final judgment" were repealed by Act 10 of 1882, section 2 and Schedule I(b). The asterisks in the reproduced provision indicate the omitted words; they do not create an additional police power.
Meaning and scope of Section 24
The provision recognises two related functions. First, a police officer may communicate information concerning an alleged offence to a competent Magistrate. Second, the officer may ask the Magistrate to issue a legal process where the governing law permits that process.
What does "lay information before a Magistrate" mean?
It means bringing facts or allegations about an offence to the notice of a Magistrate through an appropriate lawful procedure. It does not mean that every allegation automatically results in a court order, or that an officer may bypass statutory investigation and complaint procedures.
What is a summons?
A summons is a judicial direction requiring a person to appear or otherwise comply with its lawful terms. Whether it may be issued depends on the relevant criminal procedure provisions and the facts placed before the court.
What is a warrant?
A warrant is a formal judicial authorisation for an action such as arrest, when its statutory requirements are satisfied. Section 24 permits an application; it does not itself authorise the police to issue a judicial warrant.
What is a search warrant?
A search warrant is a judicial process authorising a specified search in accordance with applicable law. Its issue, execution, safeguards and any required documentation are governed by the relevant criminal procedure provisions.
How Section 24 operates with current criminal procedure law
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) came into force on 1 July 2024, replacing the Code of Criminal Procedure, 1973 for proceedings to which the new law applies, subject to applicable savings and transitional rules. The BNSS governs matters including information to police, investigations, process compelling appearance, warrants and search procedures. Section 24 of the Police Act must be read with those requirements rather than as an independent procedural code.
- Identify the offence and jurisdiction. The police officer should ascertain the applicable offence, relevant facts and competent court.
- Choose the lawful procedure. Information, a police report, a complaint or an application for process must be presented in the manner prescribed by applicable law.
- Establish grounds for the requested process. A Magistrate assesses whether the statutory prerequisites for a summons, warrant or search warrant are met.
- Comply with the order and safeguards. Any process granted must be executed within its terms and under applicable procedural and constitutional protections.
Where an investigation or proceeding commenced before the BNSS took effect, transitional provisions may affect which procedural law governs particular steps. Local police legislation and state amendments also require examination.
Important legal limitations
- No automatic judicial order: the Magistrate independently determines whether process may issue.
- No general prosecution right: the former words authorising prosecution up to final judgment were expressly repealed; any prosecutorial role must rest on current law.
- No bypass of safeguards: constitutional rights, procedural conditions, jurisdictional rules and requirements for arrest or search continue to apply.
- State-specific applicability: the Police Act, 1861 does not operate uniformly across all Indian states and Union territories. Relevant state police enactments, amendments and notifications must be checked.
Practical examples
Example 1: Request for a summons. A police officer submits information to a competent Magistrate and seeks a summons. The court may issue process only if the governing procedural requirements are satisfied.
Example 2: Application for a search warrant. During a lawful investigation, an officer considers a judicially authorised search necessary. Section 24 recognises the ability to apply, but the grounds, form and execution of any search warrant are determined by applicable criminal procedure law.
Frequently asked questions
Can police issue a warrant under Section 24?
No. Section 24 allows a police officer to apply to a Magistrate for a warrant or other lawful process. The competent judicial authority decides whether to issue it.
Does Section 24 authorise a police officer to prosecute a case to final judgment?
No such general authority follows from the current reproduced wording. The former phrase concerning prosecution up to final judgment was repealed in 1882; prosecution is governed by other applicable laws.
Does Section 24 override the BNSS, 2023?
No. Applications for judicial process must meet the relevant statutory requirements, including those under the BNSS where it applies.
Official legislation and reference resources
For authoritative legislation, amendments and commencement information, consult the India Code official legislative database, the Ministry of Home Affairs and the relevant state government gazette. Search India Code for the Police Act, 1861 and the Bharatiya Nagarik Suraksha Sanhita, 2023. The applicability of each provision depends on the jurisdiction and facts.