Section 28 of the Police Act, 1861: Return of Certificate and Police Equipment

Section 28 deals with the obligation of a person who has ceased to be an enrolled police officer to return the official certificate and articles supplied for police duty. It also specifies the punishment that may follow a conviction for failure to surrender them.

Exact statutory text of Section 28

Meaning and scope of Section 28

The provision applies to a person who has ceased to be an enrolled police officer under the Police Act, 1861. Its focus is the prompt return of official property supplied to that person for carrying out police duties. It is not a general provision authorizing the seizure of all personal belongings of a former employee.

1. Ceasing to be an enrolled police officer

The statutory obligation is triggered when the individual is no longer an enrolled police officer under the Act. Depending on the governing service rules and the facts, cessation of service may follow retirement, resignation, removal, dismissal or another legally effective termination of enrollment. The applicable service order and state legislation must be checked.

2. Duty to deliver up the certificate

The certificate is the official document evidencing enrollment or authority as a police officer. Once enrollment ends, it must be returned forthwith, meaning without undue delay in the circumstances. A former officer should not retain or use an official certificate as if still holding police authority.

3. Return of clothing, accoutrements and appointments

The section also covers clothing, accoutrements, appointments and other necessaries supplied for performance of duty. In context, accoutrements means official equipment or accessories; appointments refers to issued articles or equipment connected with the office, not the employment appointment letter. The items covered depend on what was actually supplied for official duties.

4. What does "forthwith" require?

The word indicates prompt compliance, rather than a fixed number of days. The circumstances of separation, departmental handover instructions, proof of delivery and any genuine inability to return an item may be relevant to a dispute. The statutory text itself does not specify a numerical deadline.

Penalty for non-return under Section 28

The original provision prescribes, on conviction before a Magistrate, a penalty not exceeding Rs. 200, or imprisonment with or without hard labour for a period not exceeding six months, or both. These figures reproduce the wording of the 1861 Act and should not be assumed to represent the punishment under every currently applicable state police law.

Criminal punishment is not automatic merely because a department alleges that property has not been returned. The applicable offence, procedure, evidence and judicial determination matter. Any state amendment or replacement police enactment must also be considered.

Practical procedure for handing over police property

1. Identify the effective date on which enrollment or service ended.
2. Prepare an inventory of the certificate, uniform and other articles issued by the department.
3. Return the items to the designated departmental authority as directed by applicable rules.
4. Obtain a signed acknowledgement or official receipt identifying the returned articles.
5. If any item is lost, damaged or disputed, report the facts in writing and retain the relevant correspondence.

These are practical record-keeping steps, not additional statutory conditions created by Section 28.

Related provisions and current legal context

Section 28 should be read with the Act's provisions governing police enrollment and authority, and with the relevant state police and service rules. Section 29 addresses certain kinds of neglect or breach of duty and concerns a different subject from surrender of equipment after cessation of enrollment.

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which came into force on 1 July 2024, provides the general criminal procedure framework for proceedings to which it applies, subject to its savings and special-law provisions. It does not, by itself, rewrite the penalty printed in Section 28. The Bharatiya Nyaya Sanhita, 2023 (BNS) is the principal modern general penal statute, but whether any separate offence arises from misuse or dishonest retention of official property depends on the facts and applicable law.

Frequently asked questions

Does Section 28 apply after resignation or retirement?

It can apply where the person has ceased to be an enrolled police officer under the Act, but the applicable state law and the legal effect of the service cessation must be verified.

Does the section cover privately purchased clothes or equipment?

Its wording refers to items supplied for execution of police duty. Whether a particular article falls within that description depends on the evidence of issue and the governing rules.

Can the police department impose imprisonment under Section 28?

No. The text provides for liability on conviction before a Magistrate; the department cannot itself sentence a person to imprisonment under this provision.

Is the Rs. 200 penalty the current rule everywhere in India?

No such nationwide conclusion should be drawn. The quoted figure is the amount in the historical central Act's text. State amendments or replacement legislation may alter the applicable rule.

Official legislation and reference sources

• India Code - Central and State legislation (search for the Police Act, 1861 and applicable state amendments).
• Ministry of Home Affairs, Government of India - criminal law and policing information.
• India Code - Bharatiya Nagarik Suraksha Sanhita, 2023 and Bharatiya Nyaya Sanhita, 2023 (search by enactment title).

Updated: 1 November 2026. This is general legal information; the controlling text and local amendments should be checked before taking action.