Special police-officers

Q: When did Section 17 of the Police Act come into force?

Section 17 of the Police Act, cited as Police Act 1861 17, came into force on 22 Mar 1861, having been enacted on 22 Mar 1861. It is in force as at the date shown on this page.

In force From 22 Mar 1861 Act 5 of 1861 As on 18 Oct 2026

Act 5 of 1861 Ministry Home Affairs Enacted 22 Mar 1861 In force 22 Mar 1861

Section 17 of the Police Act, 1861 deals with special police-officers. When it shall appear that any unlawful assembly, or riot or disturbance of the peace has taken place, or may be reasonably apprehended, and that the police-force ordinarily employed for preserving the peace is not sufficient for its preservation and for the protection of the inhabitants and the secu The Act came into force on 22 Mar 1861.

When it shall appear that any unlawful assembly, or riot or disturbance of the peace has taken place, or may be reasonably apprehended, and that the police-force ordinarily employed for preserving the peace is not sufficient for its preservation and for the protection of the inhabitants and the security of property in the place where such unlawful assembly or riot or disturbance of the peace has occurred, or is apprehended, it shall be lawful for any police- officer not below the rank of Inspector to apply to the nearest Magistrate to appoint so many of the residents of the neighbourhood as such police-officers may require to act as special police-officers for such time and within such limits as he shall deem necessary; and the Magistrate to whom such application is made shall, unless he see cause to the contrary, comply with the application.
Section 17, The Police Act, 1861 (Act 5 of 1861).

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

Nihal Singh & Ors. v. State of Punjab & Ors.

Supreme Court of India 07 Aug 2013 Binding (Supreme Court) Civil Appeal No. 1059 of 2005 with CA No. 6315 of 2013; Judgment 07.08.2013; (2013) 14 SCC 65; J. Chelameswar & H.L. Gokhale JJ.

Court's Decision & Legal Precedent

DATE-VERIFIED Reportable Judgment body 'New Delhi; August 7, 2013.' matches index Judgment 2013-08-07 (order-10.pdf; tool WRONG DOC false-flag on cited HC 23.01.2003 / LPA 06.09.1993 dates — trust body date). s.17 SPOs appointed by SSP for bank security during Punjab terrorism: appointment is statutory under s.17; s.18 confers same powers/privileges/protection as ordinary police. Master–servant is with the State, not the paying bank. Decades of extraction without creating posts is arbitrary; Umadevi does not bar absorption where appointments followed a rational statutory selection. State directed to regularise by creating necessary posts.

On this section: s.17 — SPO appointment is a statutory State appointment; long-term use of s.17 emergency power without cadre creation cannot defeat regularisation where selection was rational.

Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.

Questions about Section 17

What have the courts held on Section 17 of the Police Act?

Nihal Singh & Ors. v. State of Punjab & Ors. (07 Aug 2013) is the leading judgment on this section among those set out below: s.17 — SPO appointment is a statutory State appointment; long-term use of s.17 emergency power without cadre creation cannot defeat regularisation where selection was rational.

How do I find court cases under Section 17 of the Police Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Police Act 1861 17, section 17 Police Act 1861, section 17 of the Police Act. People searching for it also type police act 17 01. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Nihal Singh & Ors. v. State of Punjab & Ors. (07 Aug 2013).

When did Section 17 of the Police Act come into force?

Section 17 of the Police Act, cited as Police Act 1861 17, came into force on 22 Mar 1861, having been enacted on 22 Mar 1861. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 18 Oct 2026. This page is not a substitute for legal advice.