Section 29 of the Police Act, 1861: Penalties for Neglect of Duty and Police Misconduct
Section 29 sets out specified acts of misconduct by police officers and the criminal penalties provided in the original Police Act, 1861. It covers neglect of duty, breach of lawful orders, unauthorised absence or outside employment, cowardice and unwarranted violence against a person in custody.
Text of Section 29 - Penalties for neglect of duty, etc.
Every police-officer who shall be guilty of any violation of duty or wilful breach or neglect of any rule or regulation or lawful order made by competent authority, or who shall withdraw from the duties of his office without permission, 1 [or without having given previous notice for the period of two months,] 2 [or who, being absent on leave, shall fail, without reasonable cause, to report himself for duty on the expiration of such leave,] or who shall engage without authority in any employment other than his police-duty, or who shall be guilty of cowardice, or who shall offer any unwarrantable personal violence to any person in his custody, shall be liable, on conviction before a Magistrate, to a penalty not exceeding three months pay, or to imprisonment with or without hard labour, for a period not exceeding three months, or to both.
Original legislative notes
- These words shall be deemed to have been repealed so long as the Police (Resignation of Office) Ordinance, 1942 (11 of 1942), remains in force: see Section 2 and the Schedule of that Ordinance. Historical note: This qualification is reproduced from the source; the Ordinance's current status should be independently verified before applying it.
- The words relating to failure to report after leave were inserted by Act 8 of 1895, Section 9.
What conduct is covered by Section 29?
1. Violation or neglect of police duty
The provision covers violation of duty and wilful breach or neglect of a rule, regulation or lawful order issued by a competent authority. Whether a particular direction is lawful, and whether the officer's conduct satisfies the applicable legal requirements, depends on the facts and governing rules.
2. Leaving duty without permission or required notice
Unauthorised withdrawal from duty is expressly addressed. The source text also contains a two-month prior-notice phrase accompanied by a historical note about the Police (Resignation of Office) Ordinance, 1942. The precise notice and resignation requirements today depend on the governing police service law and rules.
3. Failure to return after sanctioned leave
An officer who fails to report for duty when leave expires may fall within the provision if the absence is without reasonable cause. Whether a reason is sufficient requires consideration of evidence, applicable service rules and any legal defences.
4. Unauthorised outside employment
Section 29 addresses engaging, without authority, in employment other than police duty. Departmental rules may separately regulate outside work, conflicts of interest and permission requirements.
5. Cowardice and unwarranted violence in custody
The provision includes cowardice and unwarrantable personal violence against a person in police custody. Violence in custody may also engage constitutional safeguards and, depending on the facts, other criminal provisions and departmental proceedings. Section 29 is not an exhaustive code of offences involving custodial abuse.
Punishment under the original Section 29
| Sanction | Maximum stated in Section 29 |
|---|---|
| Monetary penalty | Not exceeding three months' pay |
| Imprisonment | Not exceeding three months, with or without hard labour (historical statutory wording) |
| Combination | Both the monetary penalty and imprisonment, on conviction before a Magistrate |
The provision requires conviction before a Magistrate for the stated criminal penalties. The amount of the penalty is expressed by reference to the officer's pay, not as a fixed rupee figure. The wording reproduced here must not be assumed to override a later or state-specific law.
Criminal prosecution and departmental discipline
A criminal proceeding under an applicable penal provision and a departmental disciplinary inquiry are distinct processes. Service rules may prescribe separate penalties, procedures, inquiry requirements and appeal mechanisms. Whether both can proceed, and with what safeguards, depends on the applicable law and facts.
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), effective from 1 July 2024 subject to savings and transitional rules, governs criminal procedure in proceedings to which it applies. The Bharatiya Nyaya Sanhita, 2023 (BNS) provides substantive criminal offences within its scope. Neither should be treated as automatically repealing every state police enactment or service rule.
Practical legal considerations
- Identify the police Act, state amendments and service regulations applicable to the officer.
- Obtain the relevant duty roster, written order, leave approval, notice, departmental record or custody record.
- Distinguish an alleged breach of service discipline from the elements of any criminal offence.
- Where violence in custody is alleged, preserve medical records, contemporaneous complaints and other lawfully obtainable evidence.
- Confirm the competent authority and applicable criminal procedure before initiating or responding to proceedings.
Related provisions
Section 23 - Duties of police officers sets out core duties. Section 28 - Return of police certificates and equipment concerns obligations when an officer ceases service. These provisions should be read with the applicable state law.
Frequently asked questions
Does every absence from duty amount to an offence under Section 29?
No. The statutory language differentiates types of absence and expressly refers to reasonable cause for failure to return after leave. The facts and governing law must be examined.
What is the maximum punishment in the reproduced text?
The original provision specifies a penalty of up to three months' pay, imprisonment for up to three months, or both, following conviction before a Magistrate. Check for applicable amendments and replacement legislation.
Can police misconduct also result in departmental action?
Yes, where applicable service and disciplinary rules provide for it. Departmental consequences are separate from the criminal penalty described in Section 29.
Official legal resources
For updated central legislation and state amendments, consult the India Code official legislation database and the Ministry of Home Affairs. For police service rules and state enactments, consult the official state gazette or state legislative portal.
Article reviewed: 1 November 2026. Legal information is general and should be checked against the law applicable in the relevant state.