Section 8 of the Police Act, 1861: Certificates to Police Officers
Section 8 of the Police Act, 1861 regulates the issue of certificates to police officers, the legal effect of those certificates, their surrender when service ends, and the status of an officer during suspension. The provision must be read subject to applicable State police enactments and service rules.
Section 8 - Statutory provision
Every police-officer appointed to the police force other than an officer mentioned in section 4 shall receive on his appointment a certificate in the form annexed to this Act under the seal of the Inspector-General or such other officer as the Inspector-General shall appoint, by virtue of which the person holding such certificate shall be vested with the powers, functions, and privileges of a police-officer.
Surrender of certificate. Such certificate shall cease to have effect whenever the person named in it ceases for any reason to be a police-officer, and, on his ceasing to be such an officer, shall be forthwith surrendered by him to any officer empowered to receive the same.
A police-officer shall not by reason of being suspended from office cease to be a police-officer. During the term of such suspension the powers, functions and privileges vested in him as a police-officer shall be in abeyance, but he shall continue subject to the same responsibilities, discipline and penalties and to the same authorities, as if he had not been suspended.
The text above reproduces the substance of the provision in the supplied source, with typographical corrections. For authoritative wording and territorial amendments, consult the official legislation.
Meaning and effect of Section 8
1. Certificate on appointment
An officer appointed to the police force, other than an officer covered by Section 4, is to receive a certificate in the statutory form. It is issued under the seal of the Inspector-General of Police or an officer designated by the Inspector-General. The certificate evidences the statutory powers, functions and privileges attached to the office; it is not a general exemption from other laws.
2. Surrender on cessation of service
When the named person ceases to be a police officer for any reason, the certificate ceases to operate and must be surrendered without delay to an authorised receiving officer. Retirement, resignation accepted in accordance with applicable rules, removal and dismissal may all require consideration of this requirement.
3. Position during suspension
Suspension does not by itself end the officer's status as a police officer. However, the statutory powers, functions and privileges vested in the officer remain in abeyance during suspension. The officer continues to be subject to applicable discipline, responsibilities, penalties and authorities.
Cessation of service compared with suspension
| Issue | Cessation of service | Suspension |
|---|---|---|
| Status | Person ceases to be a police officer | Officer retains status during suspension |
| Certificate | Ceases to have effect; surrender required | Statutory powers and privileges are in abeyance |
| Discipline | Consequences depend on applicable law and rules | Officer remains subject to police discipline and authorities |
Related legal provisions
Section 4 addresses police administration and the senior officers excluded from the ordinary certificate requirement in Section 8. Section 7 addresses disciplinary powers over subordinate ranks. Section 9 concerns resignation and notice. The exact effect of these provisions depends on the law in force in the relevant jurisdiction.
Historical legislative references retained from the original article
The original annotations refer to the substitution of words by the Adaptation of Indian Laws Order, 1937, and replacement of the second paragraph by Act 8 of 1895, section 3. They also identify historical or special arrangements concerning:
- Andaman and Nicobar Islands Military Police (Disbandment) Regulation, 1946;
- Assam Rifles Act, 1941;
- Eastern Frontier Rifles (Bengal Battalion) Act, 1920;
- Punjab Frontier Police-officer Regulation, 1893;
- Calcutta Police Act, 1866 and Calcutta Suburban Police Act, 1866;
- U.P. Municipalities Act, 1916 and Punjab Municipal Act, 1911;
- Sonthal Parganas Rural Police Regulation, 1910 and Chota Nagpur Rural Police Act, 1914;
- U.P. Special Armed Constabulary Act, 1942;
- Delhi Special Police Establishment Act, 1946; and
- Delhi Police Act, 1978.
These references are preserved as historical annotations, not as a representation that each enactment remains in force without amendment. In particular, the Delhi Police Act, 1978 provides a distinct statutory framework for Delhi Police.
Official legislation and further reading
Consult the India Code official legislation database for the Police Act, 1861 and the relevant State or Union Territory enactment. For Delhi, consult the Delhi Police official website and the Delhi Police Act, 1978 as applicable. Confirm current notifications and service rules before relying on a certificate or suspension-related power.
Frequently asked questions
Does suspension automatically terminate police service?
No. Under Section 8, suspension alone does not cause an officer to cease to be a police officer, although the statutory powers and privileges are held in abeyance.
Must a police officer surrender the appointment certificate after leaving service?
Yes. Where Section 8 applies, the certificate ceases to have effect on cessation of police service and must be surrendered to an authorised officer.
Does Section 8 apply uniformly in every Indian State?
No. State police laws, amendments, repeals and special enactments can alter the governing position. Check the legislation applicable to the particular police force.