LexThe Bombay Village Police Act, 1867
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GOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY AFFIARS DEPARTMENT
Bombay Act No. VIII of 1867
The Bombay Village Police Act, 1867
(As modified upto the 31st December 2005)
The Bombay Village Police Act, 1867
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THE BOMBAY VILLAGE POLICE ACT, 1867.
CONTENTS.
PREAMBLE.
SECTIONS.
1. Interpretation clause.
2. Extent.
3. Administration, control and direction of village-Police, in whom vested.
4. Power to depute to Dis trict Superintendent authority over village police -
officer.
5. Village-police in villages under charge of Police -patel. Appointment of
Police-patel.
Police-patels may be appointed for different divisions of town or place.
6. Duties of Police-patel.
7. Authority over village-servants.
8. Precautions against robbery, etc.
9. Penalties for neglect of duty, etc.
9A. Liability to criminal prosecution not affected. Power to suspend during trial.
10. Information to officer in charge of District Police -station when criminal in
village has escaped or is not known.
11. Inquest in cases of unnatural or sudden death, or corpse found within village.
Punishment for refusing or neglecting to serve on inquest.
Corpse when to be forwarded to nearest Civil Surgeon, etc., for examination.
When burning to be delayed till officer in charge of Police-station assents.
12. Police-patel to apprehend person he believes has committed serious offence.
Person apprehended to be forwarded to Police-station.
13. Power to call and examine witnesses, record evidence and search for
concealed articles.
Power to enter limits of other villages.
14. [Repealed.]
15. [Repealed.]
16. [Repealed.]
17. [Repealed.]
18. [Repealed.]
19. Unclaimed property.
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SECTIONS.
20. Prosecution under other Regulations, etc., for offence punishable by Act.
21. Provision in case of absence, sudden illness, etc., of Police-patel.
22. "District Police-station" defined.
23. [Deleted.]
24. Short title.
25. Repeal and saving.
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BOMBAY ACT NO. VIII OF 1867.1
[THE BOMBAY VILLAGE POLICE ACT, 1867.]+
[21st December 1867.]
Repealed in part by Act 12 of 1873;
Repealed in part by Act 12 of 1876;
Repealed in part by Bom. 3 of 1886;
Repealed in part by Bom. 28 of 1949.
Repealed in part (locally and temporarily), by Bom. 1 of 1889.
Amended by Bom. 1 of 1876; Bom. 3 of 1886 (as amended by Bom. 1 of 1891).
Bom. 4 of 1905; Bom. 3 of 1915 and Bom. 9 of 1925.
Supplemented by Bom. 4 of 1890.
Adapted and modified by the Adapatation of Indian Laws Order in Council.
Amended by Bom. 17 of 1945.
∗
Amended by Bom. 18 of 1947.
Amended by Bom. 8 of 1950.
Adapted and modified by the Adaptation of Laws Order, 1950.
Amended by Bom. 23 of 1951.
Adapted and modified by the Gujarat Adaptation of Laws (State and Concurrent
Subjects) Order, 1960.
Amended by Guj. 34 of 1961.
Amended by Guj. 15 of 1964.
An Act for the regulation of the Village Police in the Presidency of Bombay.
WHEREAS it is expedient to provide for the reg ulation of the Village -police
in the Presidency of Bombay; It is enacted as follows :-
1. The terms
2* * , "District Superintendent" and "Assistant Superintendent of
Police", 3[and "Police-officer"], when used in this Ac t, mean 4[officers so appointed
or deemed to be appointed under the Bombay Police Act, 1951.]
5[The term "Executive Magistrate" when used in this Act has the meaning
assigned to it in the Code of Criminal Procedure, 1898.]
6[2. On and from the commencement of Bombay Village Police (Gujarat Extension
and Amendment) Act, 1961, this Act shall extend also to that part of the State of
Gujarat to which it did not extend before such commencement. ]
3. The administration of the village -police throughout each district shall, under
the control and direction of the 7[State Governm ent ] 8* *, be exercised by the
Magistrate of the district, who may, with the sanction of the 7[State Government] 8*
*, delegate any portion thereof to any Magistrate with full powers having also
revenue charge as an Assistant or Deputy Collector.
4. It shall be lawful for the Magistrate of a district, with the sanction of the
7
[State Government] 8* *, to depute to the District Superintendent of Police any
authority which may be exercised by the Magistrate of a district for the purposes of
police over any village-police-officer.
5. (1) The village-police in each village shall be under the charge of such person
as the
9[ 10[State] Government] shall 11* *, appoint in writing to be Police -
patel, and unless the 12[ 10[ State] Government, 8* *, owing to the size of the
village or other good cause, see fit to separate the appointments, the
9[10[State] Government] shall appoint the person conducting the duties of
Revenue-patel to be Police patel.
(2) In making the appointment, the 13[ 14[State] Government] shall have due
regard to the provisions 15* * * in force for regulating the services of
Preamble.
Interpretation
clause.
V of 1898.
Guj. Extent XXXIV
of 1961.
Administration,
control and
direction of village-
police, in whom
vested.
Power to depute to
District
Superintendent
authority over
village-police-
officer.
Village-police in
villages under
charge of Police-
patel.
Appointment of
Police-patel.
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hereditary officers, so far as the same may be applicable; but, when the
Revenue patel is not appointed Police-patel, and more persons than one claim
by reason of hereditary right to perform the duties , in rotation or otherwise, it
shall be lawful for the 16[14[State] Government] to appoint the most fit from
among their number.
(3) In any town or place in which the duties cannot be in rotation or
otherwise, it shall be lawful for the 13[14[State] Government] may,[17 ******]
to 18 * * * *, appoint a sufficient number of Police -patel for the different
divisions of the town or place.
19[(4) The powers of the State Government under this section may also be
exorcised by the Magistrate of a district.]
6. The Police -patel shall, subject to the orders of the Magistrate of the district act
under the orders of 20[any other Executive Magistrate] within whose local jurisdiction
his village is situated, whom he shall furnish with any returns of information called
for, and keep constantly informed as to the state of crime and all matters connected
with the village police the health and general condition of the community in his
village.
He shall also afford all Police -officers every assistance in his power when
called upon by them for assistance in the performance of their duty.
He shall further promptly obey and execute all orders and warrants issued to
him by a Magistrate or Police-officer, shall collect and communicate to 21[the Police-
officer in charge of the District Police-Station within the limits of which the village is
situated,] intelligence affecting the public peace, shall prevent withi n the limits of his
village the commission of offences and public nuisances, and shall detect and bring
offenders therein to justice.
7. The Police -patel shall have authority to require all village -servants, in whatever
capacity ordinarily employed, to aid him in performing the duties entrusted to him;
and it shall be the duty of the village -revenue-accountant whether hereditary or
stipendiary, to frame all written returns and proceedings for the Police-patel.
8. The Police -patel shall dispose of the village -establishment so as to afford the
utmost possible security against robbery, breach of the peace and acts injurious to the
public and to the village -community, and shall report to
22[the Executive Magistrate]
to whose jurisdiction he is immediately subordinate all instances of misconduct or
neglect committed by any members of the said establishment.
23[9. Any Police-patel or member of a village -establishment liable to be called on for
the performance of Police - duties who shall be careless or negligent in the discharge
thereof shall be liable to be fined under the order of 24[the Magistrate of the District]
to any amount not exceeding the fourth part of the annual emoluments of his office.
If he shall be accused of any violation of duty or breach of rule, or of other
misconduct which shall seem to such Magistrate to require a heavier punishment, he
may suspend him from office during inquiry into such accusation, and at the close of
such inquiry, if the said Magistrate shall consider him guilty of misconduct meriting
such punishment, he may suspend him from office for a further period not exceeding
six months, or 25[dismiss him:]
Provided that, in the case of a Police-patel appointed by the State Government
or of a Police -patel who holds his office under the provisions in force for regulating
the services of hereditary officers, the Magistrate shall, if he is of the opinion that th e
Police-patel should be dismissed, refer his case to the State Government which may
pass such orders thereon as it may think fit. ].]
Police-patels may
be appointed for
different divisions
of town or place.
Duties of Police-
patel.
Authority over
village servants.
Precautions against
robbery, etc.
Penalties for
neglect of duty, etc.
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26[9A. Nothing in the last preceding section shall affect the liability of any Policepatel
or other member of a village- establishment to a criminal prosecution for any offence
with which he may be charged with.
27[The Magistrate of the District] may suspend any person subjected to any
such prosecution pending the inquiry and trial].
10. If a crime shal l have been committed within the limits of the village, and the
perpetrator of the crime has escaped or is not known, the Police-patel shall forward
immediate information to the Police -officer in charge of the District Police -station
within the limits of w hich his village is situated, and shall himself proceed to
investigate the matter, obtaining all procurable evidence relating to it which he shall
forward to the said officer.
11. (1) If any unnatural or sudden death occur, or any corpse be found, within the
bounds of any village the Police- patel shall forthwith assemble an inquest, to
be composed of two or more intelligent persons belonging to the village or
neighbourhood, who s hall investigate the causes of death and all the
circumstances of the case, and make a written report of the same, which the
Police-patel shall cause to be forth with delivered to the Police -officer in
charge of the District Police -station within the limits of which the village is
situated.
(2) Any person who, on being called upon by the Police - patel to serve as a
member of such inquest, shall without justifiable cause refuse or neglect to do
so, shall be liable, on conviction before a Magistrate, to punishment not
exceeding fifty rupees, as fine, or, in default of payment, to imprisonment for
one month.
(3) If the results of the inquest afford reason for supposing that death has been
unlawfully occasioned, the Police -patel shall give immediate notice to the
officer in charge of the District Police -station within the limits of which his
village is situated, a nd, if the corpse can be forwarded without the risk of
putrefaction by the way, shall at once forward it to the nearest Civil Surgeon
or other medical officer appointed by
28[the 29[State] Government] to examine
corpses under such circumstances, who shall endeavour to ascertain th e cause
of death.
Should the Police -patel be unable to forward the cropse without the
risk of putrefaction rendering examination useless or dangerous, he shall
nevertheless prevent the burning or burying of such corpse until the Police -
officer in charge of the District Police -station within the limits of which his
village is situated, or one of his subordinates deputed by him or a Magistrate,
shall have assented thereto.
12. (1) The Police-patel shall apprehend any person within the limits of his
village who he may have reason to believe has committed any serious
offence, and shall forward such person, together with all articles likely to be
useful as evidence to the Police -officer in charge of the Police -station within
the limits of which his village is situated.
(2) Every person so apprehended shall be forwarded within twenty-four hours
to the District Police-station within the limits of which the village is situated.
13. (1) The Police -patel in making any inquiry coming within the scope of his
duty,
30* * * * * * shall have authority to call and examine witnesses, and
31[record their statements], and to search for concealed articles, taking care
that no search be made in a dwelling -house between sunset and sunrise
without urgent occasion.
Liability to criminal
prosecution not
affected.
Power to suspend
during trial.
Information to
officer in charge of
District Police-
station when
criminal in village
has escaped or is
not known.
Inquest in case of
unnatural or sudden
death or corpse
found within
village.
Punishment for
refusing or
neglecting to serve
on inquest.
Corpse when to be
forwarded to
nearest Civil
Surgeon, etc., for
examination.
When burning to be
delayed till officer
in charge of police-
station assents.
Police- patel to
apprehend person
he believes has
committed serious
offence.
Person apprehended
to be for-warded to
Police- station.
Power to call and
examine witnesses,
record evidence and
search for
concealed articles.
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(2) He shall also have authority, in carry ing out any search or any pursuit of
supposed criminals, to enter and act within the limits of other villages, being
bound however to give immediate information to the Police -patel thereof,
who shall afford him all the assistance in his power, and be immediately
responsible for continuing the search and pursuit.
14. 32[Power to try and punishment for petty assault or abuse.] Repealed by Bom. 28
of 1949.
15. 32[Magistrate may issue a commission to Police -patel to try certain offenders.
Power of Police patel to punish.] Repealed by Bom. 28 of 1949.
16. 32[Power to prohibit and to punish for beating, etc., animal; bathing, washing in, or
defiling well, etc; depositing dirt etc ; committing nuisance, etc : accumulating
offensive matter in cesspools, etc; allowing offensive matter to issue on thorough
fare, depositing dead bodies, so as to defile water for drinking] Repealed by Bom. 28
of 1949.
17.
32[Proceedings how taken under sections 14, 15 and 16.] Repealed by Bom. 28 of
1949.
18. 32[Power to cancel commission issued under section 15.] Repealed by Bom. 28 of
1949.
19. The Police -patel shall take charge of all unclaimed property found within his
village, or made over to him under the provisions of 33[the Bombay Police Act,
1951], and shall forthwith make a report to 34[the Executive Magistrate] to whom he
is subordinate, and act thereafter as he may be directed by the said Magistrate, unless
the property be of a description coming within the provisions of 35[the Cattletres -
pass Act, 1871 or any law corresponding to that Act in force] 36[in which case the
Police-patel shall be guided by 37[that enactment or law]
20. Nothing contained in this Act shall be construed to prevent the prosecution of any
person under any other Regulation or Act for any offence made punishable by this
Act, or from being liable under any other Regulation or Act to any other or higher
penalty or punishment than is provided for such offence by this Act:
Provided that no person shall be punished twice for the same offence.
21. In case of the Police -patel being unable to attend to his duty, owing to urgent
absence from the village, sudden illness or other cause, he shall place a competent
kinsman, or failing a competent kinsman some other competent person in charge of
his office making an immediate report to
38[the Executive Magistrate] to whom he is
immediately subordinate and the person s o placed in charge shall, until the receipt of
instructions to the contrary, continue to act for the Police- patel in all his duties 39*.
22. The term "District Police -station" in this Act shall include the villages or places
within the limits of the charge of a Police-officer in charge of a station.
23. [Application of Act to certain areas with modifications.] Deleted by the Gujarat
Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
24. This Act may be cited as the Bombay Village Police Act, 1867.
40[25. (1) On the commencement of the Bombay Village; Police (Gujarat Extension
and Amendment) Act, 1961, the Saurashtra Village Police Ordinance, 1949
and the Bombay Village Police Act, 1867 as extended to the Kutch area of the
State of Gujarat shall stand repealed.
(2) The provisions of the Bombay General Clauses Act, 1904, shall apply to
Power to enter
limits of other
villages.
Unclaimed
property.
Bom. XXII of 1951.
I of 1871.
Prosecution under
other regulations,
etc., for offence
punishable by Act.
Provision in case of
absence, sudden
illness, etc. of
Police- patel
"District Police-
station" defined.
Short title.
Guj. XXXIV of
1961. Sau. Ord.
XXXII of 1949.
Bom. VIII of 1867.
Repeal and saving.
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such repeal:
Provided that anything done or any action taken under the provisions
of the laws hereby repealed shall be deemed to have been done or taken under
the corresponding provisions of this Act and shall continue in force until
superseded by anything done or any action taken under the provisions of this
Act.].
------------------
1 For Statement of Objects and Reasons, see Bombay Government Gazette, 1867 pt. V, p. 66 ; for
Report of the Select Committee, see ibid, p. 78 and for proceedings in Council see ibid., pp. 94 and
358. Bom. XXII of 1951.
+ Section 168 of the Bombay Police Act, 1951 (Bom XXII of 1951) reads follows - "168. Nothing
in this Act shall affect the provisions of the Bombay Village Police Act, 1887, that Act as in
force in the Kutch area of the State of Bombay or of the Saurshtra Village Police Ordinance,
1949, or any law corresponding thereto in force in any part of the State or any enactment which
may be made in regard to the reserved Police.". Bom. VIII of 1867.
∗ This Act has been re-enacted and the amendments made by section 9 and Sche
dule E of the said Act have been continued in force by Bom 52 of 1947. s. 2.
2 The words "Commissioner of Police" were repealed by the Bombay General Clauses Act. 1886
(Bom. 3 of 1886), as amended by Bom. 1 1891, s. 2 (a) (i). Both these Acts are now however
themselves repealed: but see Schedule B to Bom. 3 of 1886, which is printed as an Appendix to the
Bombay General Clauses Act. 1904. Sau. Ord. XXXII of 1949.
3 These words were substituted for the words "Police -Officer" and "District -police" by Guj. 34 of
1961, 2 (i).
4 These words and figures were substituted for the words and figures "those consti tuted under the
Bombay District Police Acts, 1867 and 1890" by Guj. 34 of 1961, s. 2 (ii).
5 This paragraph was added by Bom. 23 of 1951, s. 2, Schedule -Part III.
6 Section 2 was inserted by Guj. 34 of 1961, s 3.
7 These words were substituted for the ward "Commissioner" by Guj. 15 of 1964 s. 4, Sch.
8 The words "of Police" were repealed by the Bombay General Clauses Act, 1886 (Bom. 3 of
1886). Schedule B. This Schedule has been printed as an Appendix to the Bombay General
Clauses Act, 1904 (Bom. I of 1904).
9 The words "Provincial Government" were substituted for the words "Magistrate of the district"
by the Adaptation of Indian Laws Order in Council.
10 This word was substituted for the word "Provincial" by the Adaptation of laws Order, 1950.
11 The words "subject to the approval of the Commissioner" were omitted by the Bombay
Decentralization Act, 1915 (Bom. 3 of 1915).
12 The words "Provincial Government" were substituted for the word "Commissioner by the
Adaptation of Indian Laws Order in Council.
13 The words "Provincial Government" were substituted for the words "said Magi - strate" by the
Adaptation of Indian Laws Order in Council.
14 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
15 The words and figures "of Act XI of 1843, (an Act for regulating the Service of
Hereditary Officers under the Presidency of Bombay), or other Act" were repealed by the
Repeal Act, 1876 (12 of 1876).
16 The words "Provincial Government" were substituted for the words "Magistrate of the
district" by the Adaptation of Indian Laws Order in Council.
17 The words "with the consent of the Commissioner" were omitted by the Adap- tation of
Indian Laws Order in Council.
18 The words "of Police" were repealed by the Bombay General Clauses Act, 1886 Bom 3 of
1886), Schedule B. This Schedule has be en printed as an Appendix to the Bombay General
Clauses Act, 1904 (Bom. II of 1904).
19 Sub -section (4) was inserted by Guj. 34 of 1961. s. 4.
20 These word s were substituted for the words "the Magistrate" by Bom. 23 of 1951.
21 These words were substituted for the words "District -police" by Guj. 34 of 1961.
22 These words were substituted for the words "the Magistrate" by Bom 23 of 1951, s. 2,
Schedule -Part III.
23 Section 9 was substituted by the Bombay Village Police Act (Amendment) Act, 187G (Bom. I of
Bom. I of 1904.
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1876), s. 2.
24 These words were substituted for the words "any Magistrate of the first class" by Bom. 23
of 1951, s. 2, Schedule -Part III.
25 This portion was substituted for the words beginning with the words "if the Magistrate is of
opinion" and ending with t he words "as it may think fit" by Guj 34 of 1961. s. 6.
26 Section 9A was inserted by the Bombay Village Police Act (Amendment) Act, 1876 (Bom. I
of 1876), s. 3.
27 These wodrs were substituted tor the words "Any Magistrate of the first class" by Bom. 23 of
1951, s. 2, Schedule -Part III.
28 The words "the Provincial Government" were substituted for the word "Govern- men t" by
the Adaptation of Indian Laws Order in Council.
29 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
30 The words "not being a case in which it is competent for him to inflict punish- ment" were
deleted by Guj. 34 of 1961, s. 7 (i).
31 These words were substituted for the words "record their evidence on solemn affirmation" by
Guj. 34 of 1961, s. 7 (ii).
32 Sections 14 to 18 (both inclusive) have been deleted by s. 2 of Bom. 28 of 1949. Provided
that the Chief Presidency Magistrate in the village specified in Part II of Schedule A the Greater
Bombay Laws and the Bombay High Court (Declaration of Limits) Act, 1945 (Bom. XVII of
1945) and elsewhere the District Magistrate shall direct that any "proceedings pending before
any Police -patel under sections 14, 15 and 16 of the said Act on the date on which this Act
comes into force shall be decided and disposed of by such subordinate Magistrate as the Chief
Presidency Magistrate, or the District Magistrate , as the case may be, may specify in this behalf
and such subordinate Magistrate shall decide and dispose of any such proceedings in
accordance with the provision of the said Act, as if this Act was not passed and as if he had
under the Code of Criminal Procedure, 1898 (V of 1898), taken cognizance of the offence
which is the subject matter of such proceedings.
33 These words and figures were substituted for the words and figures "the Bombay District Police
Act, 1867" by Guj. 34 of 1961, s. 8 (a).
34 These words were substituted for the words "the Magistrate" by Bom. 23 of 1951. s. 2,
Schedule Part III.
35 These words and figures were substituted for the words, figures and brackets "Act III of 1857 (an
Act relating to trespasses by cattle)" by Guj. 34 of 1961, s. 8 ( b)
36 See now the Cattle Trespass Act, 1871, s. 2 (Unrepeated Central Acts).
37 These words were substituted for the words "that enactment" by Guj 34 of 1961 s. 8 (c).
38 The words "except those which involve the trial and punishment of offences were deleted by Bom.
28 of 1949, s. 3.
39 Section 23 was inserted by Bom. 17 ,of 1945, s. 9, Sch. E. read with Bom. 52 of 1947, s. 2,
proviso.
40 Section 25 was inserted by Guj. 34 of 1961, s. 9.