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Section2
The Police Act, 1861

Constitution of the force

In force From 22 Mar 1861 Act 5 of 1861 As on 15 Oct 2026

Act 5 of 1861 Ministry Home Affairs Enacted 22 Mar 1861 In force 22 Mar 1861 Cited by 6 provisions

Section 2 of the Police Act, 1861 deals with constitution of the force. 22. Constitution of the forces.-- The entire police-establishment under a [State Government] shall for the purposes of this Act, be deemed to be one 3police force, and shall be formally enrolled; The Act came into force on 22 Mar 1861.

22. Constitution of the forces.-- The entire police-establishment under a 1[State Government] shall for the purposes of this Act, be deemed to be one 3police force, and shall be formally enrolled; and shall consist of such number of officers and men, and shall be constituted in such manner, 4*** as shall from time to time be ordered by the 1[State Government] 5***.

6[Subject to the provisions of this Act the pay and all other conditions of service of members of the subordinate ranks of any police force shall be such as may-be determined by the 2[State] Government.]

Section 2, The Police Act, 1861 (Act 5 of 1861).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

Referred to by 6

  1. Haryana Municipal Corporation Act, 1994 (16 of 1994) s. 383
  2. Himachal Pradesh Municipal Corporation Act s. 386 Police establishments
  3. Jammu and Kashmir Municipal Corporation Act s. 386 Police establishment
  4. Odisha Urban Police Act s. 5 Constitution of Commissionerate
  5. Punjab Municipal Corporation Act 1976 s. 392
  6. Thearunachal Pradesh Municipal Corporation Act s. 401 Police establishments

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.

  1. State of West Bengal vs Nur Alam

    Supreme Court of India 18 Jul 2007 Binding (SC)

    Court's Decision & Legal Precedent

    A candidate who has voluntarily appeared in and participated in a selection process with full knowledge of its parameters cannot later challenge the validity of that process on grounds that were known or could have been discovered at the time of participation, particularly when the challenge is made only after failure in the selection. The doctrine of acquiescence prevents a party from accepting a process and subsequently attacking it to their advantage after adverse outcome. While procedural defects in rule-making (such as failure to publish in the Official Gazette) may be substantively significant, they do not confer relief upon a party who has acquiesced in the process by participating in it with knowledge of its terms.

    On this section: Powers of State Government to make rules relating to recruitment, conditions of service, disciplinary proceedings and punishments for subordinate ranks of police force. The Court held that rules must comply with publication requirements under Section 46.

    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 2

What have the courts held on Section 2 of the Police Act?

State of West Bengal vs Nur Alam (18 Jul 2007) is the leading judgment on this section among those set out below: Powers of State Government to make rules relating to recruitment, conditions of service, disciplinary proceedings and punishments for subordinate ranks of police force. The Court held that rules must comply with publication requirements under Section 46.

How do I find court cases under Section 2 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 2, section 2 Police Act 1861, section 2 of the Police Act. 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 State of West Bengal vs Nur Alam (18 Jul 2007).

What should I read with Section 2 of the Police Act, and has it changed?

6 other provisions in this corpus refer back to it.

When did Section 2 of the Police Act come into force?

Section 2 of the Police Act, cited as Police Act 1861 2, 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 15 Oct 2026. This page is not a substitute for legal advice.