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Report No. 249

46. Police Act, Act 3 of 1888

Category: Criminal Justice

Recommendation: Repeal

The Act was enacted to relax those provisions of certain State Police Acts for the regulation of police which restricted the employment of police-officers to the presidency, province or place of the police-establishment of which they are members. This Act empowered the Central Government to create a special police district embracing parts of two or more States, and extend to every part of the said district the powers and jurisdiction of members of a police force belonging to the State specified in the notification.

Police is now a State subject (See Entry 2, List II, Seventh Schedule) and hence, the Central Government cannot create special police districts and assign a police force to such districts. While Entry 80 of List I does empower the Parliament to make a law extending the jurisdiction of the police of one State to exercise jurisdiction in another State, the same cannot be done without the consent of the State Government in which such area is situated.

This Act does not impose any such restrictions on the Central Government's power and hence, the constitutionality of this Act is suspect. This Act was recommended for repeal by the PC Jain Commission Report (Appendix A-5). There is no evidence of recent use of this Act. Hence, the Central Government should repeal this Act.


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