Section 46 Police Act, 1861: Scope of Act, Extension and State Rule-Making Powers

Section 46 explains how the Police Act, 1861 is brought into operation in a specified territory and how the State Government may make rules for implementing its provisions. The section is important because the historical Act is not, by its own wording, automatically brought into force in every place.

Section 46: Statutory text

The source text contains historical footnote numbers embedded in the statutory wording. These have been moved to the legislative notes below for readability; the substance of subsections (1) to (3) is retained.

Meaning of Section 46(1): Territorial extension

Subsection (1) sets out an extension-by-notification mechanism. In the wording of the section, the State Government can publish an order in the Official Gazette specifying whether the entire Act or only selected provisions will take effect in a particular place. Therefore, the extent of the Act cannot be inferred solely from its title or its original enactment date.

For a present-day legal question, examine the historical extension order together with subsequent state police enactments, adaptations, amendments, repeals, territorial reorganisations and saving provisions. A later state statute may replace or modify the operation of the 1861 Act.

Meaning of Section 46(2): Rules made by the State Government

Once the Act or a relevant part has been extended, subsection (2) authorises the State Government to frame rules by Gazette notification, subject to consistency with the Act. The rule-making subjects are:

• Clause (a): Procedure. Rules concerning how Magistrates and police officers carry out duties imposed by or under the Act.
• Clause (b): Compensation under Section 15A. Rules about time limits, manner and conditions of claims, required particulars, verification and subsequent proceedings, including local enquiries where necessary.
• Clause (c): General implementation. Rules needed to give effect to the Act, within the authority granted by the statute.

Delegated legislation means rules made by an authorised government body under a statute. Such rules cannot lawfully contradict the parent Act or exceed the power delegated by it.

Meaning of Section 46(3): Changing the rules

Subsection (3) permits the State Government to amend, add to or cancel rules made under the Act. This power relates to subordinate rules, not an unrestricted power to rewrite the Act itself. The current notification and any subsequent amendments must be consulted before relying on a particular procedural rule.

How Section 46 connects with Section 15A

Section 15A addresses compensation for certain injury or damage arising in the circumstances described by that provision. Section 46(2)(b) addresses the procedural framework for presenting and examining those compensation claims. Whether Section 15A and the corresponding rules apply in a particular state must be separately verified.

Historical legislative notes and extension records

The following notes are retained from the original article as historical references, not statements of the present legal position:

1. Government terminology: The Adaptation Order, 1950 substituted "State Government" for "Provincial Government"; the latter had replaced "L.G." under the Adaptation Order, 1937.
2. Substitution of Section 46: Act 8 of 1895, section 15, substituted the section.
3. Older regional police legislation: The original notes mention the Madras District Police Act, 1859 (24 of 1859), the Bombay District Police Act, 1867 (Bombay 7 of 1867), and Bengal Act 7 of 1869. These are historical references; the present statutory framework may be different.
4. State terminology: The Adaptation Order, 1950 substituted "State" for "Province".

Places and territories mentioned in the original extension notes

• United Provinces, including the then Ajmer-Merwara: Notification No. 964, North-Western Provinces Gazette, 1861, page 634. The notes also refer to original enforcement orders for 27 districts and for Hamirpur, Jalaun, Jhansi, Lalitpur, Naini Tal (including the Tarai Parganas), Almora and Garhwal, preserved by section 16 of Act 8 of 1895.
• Oudh: Notification No. 34, North-Western Provinces Gazette, 1861, page 1758.
• Territory between Allahabad and Jubbulpore: A tract described in the source as ceded in full sovereignty by certain Native States.
• Central Provinces: Nagpur, Raipur, Bhandara, Chanda, Chhindwara, Sironcha and Nimsar as listed in the historical note.
• Bengal and Assam: Both are named in the original historical extension list.
• Punjab: Several districts, with reference to Notification No. 971 dated 15 May 1861, Calcutta Gazette, 18 May 1861, page 1302.

Additional pre-1 April 1937 extension references

• Madras Presidency: Sections 15, 15A, 16, 30, 30A, 31 and 32 were historically extended by Notification No. 728 dated 31 October 1895, Gazette of India, 1895, Part I, page 876.
• Eastern Dooars, Goalpara District: Notification No. 230, Gazette of India, 1897, Part I, page 198.
• North and South Lushai Hills: Including the tract described as Rutton Puiya's villages and Demagri, Gazette of India, 1898, Part I, page 370.

Historic geographic names and boundaries have changed. These citations should be checked in the relevant Gazette archives before being used to establish any operative legal fact.

Section 46 and present-day Indian police law

Police administration is principally governed by the applicable police statute and rules in each state or Union territory. Some jurisdictions have enacted their own police legislation; others may continue to apply provisions of the Police Act, 1861 as amended or extended. Section 46 is therefore best read alongside the local statute and official notifications rather than as a nationwide, uniform statement of current police powers.

The Bharatiya Nagarik Suraksha Sanhita, 2023 governs general criminal procedure from 1 July 2024, subject to applicable savings and transitional provisions. It does not, merely by coming into force, establish the territorial extension of every section of the Police Act, 1861. Distinguish criminal-procedure rules from the administrative police framework established by state legislation.

How to verify whether Section 46 applies in a state

1. Identify the state or Union territory and the precise police power or duty in question.
2. Locate the current police Act and any repeal, saving or adaptation provisions.
3. Find the relevant Gazette extension notification and check which sections it covers.
4. Check later state amendments and rules made under Section 46, including any modifications or cancellations.
5. Verify the current procedural law and any applicable judicial interpretation.

Frequently asked questions

Does the Police Act, 1861 automatically apply throughout India?

Section 46(1), in its historical wording, expressly provides for extension through an Official Gazette order. The current position in a particular jurisdiction depends on extension orders and subsequent legislation.

Can a State Government extend only part of the Act?

Yes. Subsection (1) expressly refers to extending the whole or any part of the Act, subject to the applicable legal framework.

Who can make rules under Section 46?

The State Government may make rules by notification in the Official Gazette, where the relevant Act or provisions have been extended and the rules are consistent with the Act.

Can the State Government alter the compensation-claim process?

Section 46(2)(b) permits procedural rules for claims under Section 15A, and subsection (3) permits amendment, addition or cancellation of rules, subject to the statute and applicable law.

Are the 1861 and 1895 Gazette notifications proof of current applicability?

No. They are historical evidence. The current statutory position must be checked against later legislation and notifications.

Official legal resources

• India Code - legislation and statutory texts
• Ministry of Home Affairs - police and criminal-law resources
• Legislative Department - Government of India
• e-Gazette - official Gazette publications

Article updated: 1 November 2026. Historical extension references are reproduced for research and should not be treated as a substitute for current official state legislation and notifications.