Police Act, 1861 | Act 5 of 1861
Section 4 of the Police Act, 1861: Inspector-General of Police and District Police Administration
Section 4 describes the police administration hierarchy under the Police Act, 1861. It provides for an Inspector-General of Police and senior assisting officers at the general police-district level, and for a District Superintendent and assistants at the district level, subject to the applicable statutory framework.
Section 4 - Inspector-General of Police, etc.
The administration of the police throughout a general police-district shall be vested in an officer to be styled the Inspector-General of Police, and in such Deputy Inspectors-General and Assistant Inspectors-General as the State Government shall deem fit.
The administration of the police throughout the local jurisdiction of the Magistrate of the district shall, under the general control and direction of such Magistrate, be vested in a District Superintendent and such Assistant District Superintendents as the State Government shall consider necessary.
Meaning and legal effect of Section 4
1. Inspector-General of Police
The Inspector-General of Police (IGP) is the officer identified in the provision as responsible for police administration throughout the relevant general police-district. Under Section 1, the term general police-district describes the territory in which the Act has been brought into operation. The designation and current allocation of powers may be affected by later legislation and State-specific police structures.
2. Deputy and Assistant Inspectors-General
Section 4 contemplates such Deputy Inspectors-General and Assistant Inspectors-General as the State Government considers appropriate. Their existence in the statutory structure does not, by itself, prescribe an identical chain of command or identical powers in every State.
3. District Superintendent of Police
At district level, the provision vests administration in the District Superintendent of Police and such Assistant District Superintendents as the State Government considers necessary. The original statutory wording places district administration under the general control and direction of the district Magistrate. The practical relationship must be read with the police laws, executive arrangements and other legislation currently applicable in that jurisdiction.
4. State Government and superintendence
Section 3 deals with State Government superintendence of the police, whereas Section 4 addresses the officers through whom police administration is carried out. Section 2 concerns constitution of the force. These provisions should be read together, subject to local modifications.
Application under modern State police laws
Police is principally a State subject under Entry 2 of List II of the Seventh Schedule to the Constitution of India. Several States and Union Territories operate under separate police enactments, amendments or commissionerate systems. Accordingly, the 1861 Act cannot be assumed to govern every police organisation in the same form today.
For example, the historical central text records a different administrative arrangement for the town and suburbs of Calcutta under the Calcutta Police Act, 1866. Modern officer designations, including Director General of Police and Commissioner of Police, must be understood through the law applicable to the particular jurisdiction rather than inferred solely from the 1861 wording.
For service matters and disciplinary authority, readers should also consult Section 7 and applicable service rules. The Constitution and relevant procedural legislation continue to govern the lawful exercise of public powers.
Historical legislative and editorial notes
- Calcutta exception: Historical annotations to Section 4 refer to police administration in the town and suburbs of Calcutta vesting in the Commissioner of Police under Section 3 of the Calcutta Police Act, 1866 (Bengal Act 4 of 1866).
- Adaptation of terminology: The Adaptation of Laws Order, 1950 substituted the expression "State Government" for "Provincial Government", which had itself replaced earlier terminology under the Adaptation of Indian Laws Order, 1937.
- Omitted concluding words: Certain words following the two substantive paragraphs were omitted by the Adaptation of Indian Laws Order, 1937. They are not reproduced as operative text.
These notes explain the development of the central provision and are not a substitute for checking current State amendments, repeals and local legislation.
Frequently asked questions
What does Section 4 of the Police Act, 1861 provide?
It establishes the administrative role of the Inspector-General of Police and specified senior officers for a general police-district, and provides for district police administration through a District Superintendent under the general control and direction of the district Magistrate.
Does Section 4 apply uniformly across India?
No. Its practical application depends on the police legislation, amendments and commissionerate arrangements in force in the relevant State or Union Territory.
Official legislation and related provisions
Read the Police Act, 1861 on India Code (official PDF) or the India Code Act record. The official version and the relevant State legislation should be checked before citing Section 4 in legal proceedings.
Related reading: Section 5 - Powers of Inspector-General and Section 8 - Certificates to police officers.
