Police Act, 1861 | Fines and enforcement
Section 37 of the Police Act, 1861: Recovery of Penalties and Fines Imposed by Magistrates
Section 37 explains how fines and penalties imposed following conviction under the Police Act, 1861 may be recovered. It incorporates general criminal-law rules on fines and contains a special limit on imprisonment in default of payment of a fine under Section 34.
Text of Section 37 of the Police Act, 1861
The provisions of sections 64 to 70, both inclusive, of the Indian Penal Code (45 of 1860), and of sections 386 to 389, both inclusive, of the Code of Criminal Procedure, 1882 (10 of 1882), with respect to fines, shall apply to penalties and fines imposed under this Act on conviction before Magistrate:
Provided that, notwithstanding anything contained in section 65 of the first-mentioned Code, any person sentenced to fine under section 34 of this Act may be imprisoned in default of payment of such fine for any period not exceeding eight days.
Textual presentation: The original source has a stray full stop before the words "on conviction before Magistrate". Punctuation has been regularised above without changing the operative rule. References to repealed codes are retained as printed rather than silently substituted.
Meaning and scope of Section 37
1. Fines imposed after conviction
The section deals with fines and penalties imposed on conviction before a Magistrate under the Police Act. It is not, by itself, a power for police personnel to demand or collect an arbitrary on-the-spot payment. The underlying offence, jurisdiction, sentence and recovery process must each have a legal basis.
2. Recovery procedure
The historical provision refers to sections 386 to 389 of the Code of Criminal Procedure, 1882. The source's legislative note points readers to sections 421 to 424 of the Code of Criminal Procedure, 1973, which dealt with warrants and other procedures for levy of fines. For proceedings governed by the law in force from 1 July 2024, the BNSS, 2023 supplies the corresponding current procedural framework, subject to transitional and savings provisions. A Magistrate's lawful order and the applicable recovery rules determine the steps available in a particular matter.
3. Imprisonment in default of fine under Section 34
The proviso creates a specific ceiling: where a person is sentenced to a fine under Section 34 of the Police Act, imprisonment ordered in default of payment may not exceed eight days under this proviso. Default imprisonment is distinct from a substantive term of imprisonment imposed for the offence itself. The relevant State amendments, sentencing provisions and procedural safeguards still need to be considered.
4. Historical penal-code references
Sections 64 to 70 of the former Indian Penal Code addressed imprisonment in default of payment of fines and related rules. The BNS, 2023 contains its own provisions on punishment and default of fine, including section 8. The replacement codes should not be read into the text as if Parliament had expressly rewritten Section 37; the applicable repeal-and-savings rules and judicial interpretation matter.
How Section 37 relates to Section 34
Section 34 addresses certain public-road and street offences in places to which it has been validly extended. Section 37 does not create those offences; it concerns recovery of the resulting fines and the specified limit on imprisonment in default. Whether Section 34 remains applicable, and whether its penalties have been modified, depends on the relevant State's law and notifications.
Practical considerations when a fine is imposed
- Identify the precise provision under which the Magistrate convicted the person and imposed the fine.
- Obtain the written judgment or sentencing order, including the amount, payment direction and any default sentence.
- Check whether the Police Act, 1861 applies in that State and whether the provision has been amended or superseded.
- Verify the current procedural rules for payment, recovery, appeal, revision and any relief against the sentence.
- Pay only through an authorised court or government payment channel and retain the receipt.
Legislative and historical notes retained from the original page
- 1895 substitution: Section 37 was substituted for the former sections 37, 38, 39 and 40 by section 14 of Act 8 of 1895.
- 1973 procedural cross-reference: The original editorial note says to see sections 421 to 424 of the Code of Criminal Procedure, 1973 in place of the old 1882 procedural reference. This is historical guidance; the BNSS, 2023 now requires separate consideration.
- Former Section 41: The original source reproduces a historical provision concerning payment of process-service sums and specified rewards, forfeitures and penalties into the General Police Fund when information was laid by a police officer, with a reference to paragraph 4 of the India and Burma (Transitory Provisions) Order, 1937. This note concerns Section 41 and is not an operative part of Section 37.
- Former Section 42: The source also notes that part of Section 42 relating to limitation of suits was repealed by section 2 and the First Schedule of Act 9 of 1871. This is a separate historical note, not part of the fine-recovery rule.
Frequently asked questions
Does Section 37 itself prescribe the fine for a police offence?
No. It deals with recovery and associated fine-related rules. The offence and maximum fine are prescribed by the applicable substantive provision, such as Section 34 where operative.
Can a person be jailed automatically for not paying a fine?
No automatic police power arises from Section 37 alone. A lawful court sentence and the applicable statutory provisions and procedure govern any imprisonment in default of payment.
What is the maximum default imprisonment mentioned for a Section 34 fine?
The express proviso in Section 37 specifies a period not exceeding eight days, subject to the applicable law and any valid amendments.
Do the references to the IPC and old CrPC mean those codes remain generally in force?
No. The references are part of the historical statutory wording. The BNS and BNSS have generally replaced the IPC and CrPC from 1 July 2024, subject to their savings and transition rules.
Official legislation and legal resources
- India Code - search for the Police Act, 1861, the Bharatiya Nyaya Sanhita, 2023, and the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Ministry of Home Affairs - criminal-law enactments, commencement information and official notifications.
- Legislative Department, Government of India - central legislation and legislative resources.
This article is general legal information. Verify the authoritative current statutory text, State amendments and applicable court procedure before taking action in an individual case.