Plea that act was done under warrant
Section 43 of the Police Act, 1861 deals with plea that act was done under warrant. When any action or prosecution shall be brought or any proceedings held against any police-officer for any act done by him in such capacity, it shall be lawful for him to plead that such act was done by him under the authority of a warrant issued by a Magistrate. The Act came into force on 22 Mar 1861.
When any action or prosecution shall be brought or any proceedings held against any police-officer for any act done by him in such capacity, it shall be lawful for him to plead that such act was done by him under the authority of a warrant issued by a Magistrate.
Such plea shall be proved by the production of the warrant directing the act, and purporting to be signed by such Magistrate and the defendant shall thereupon be entitled to a decree in his favour, notwithstanding any defect of jurisdiction in such Magistrate. No proof of the signature of such Magistrate shall be necessary, unless the Court shall see reason to doubt its being genuine:
Proviso.—Provided always that any remedy which the party may have against the authority issuing such warrant shall not be affected by anything contained in this section.
Section 43, 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 2
Questions about Section 43
What does Section 43 of the Police Act deal with?
Section 43 of the Police Act is headed "Plea that act was done under warrant". When any action or prosecution shall be brought or any proceedings held against any police-officer for any act done by him in such capacity, it shall be lawful for him to plead that such act was done by him under the authority of a warrant issued by a Magistrate.
How do I find court cases under Section 43 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 43, section 43 Police Act 1861, section 43 of the Police Act. People searching for it also type police services act section 43. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 43 of the Police Act, and has it changed?
2 other provisions in this corpus refer back to it.
When did Section 43 of the Police Act come into force?
Section 43 of the Police Act, cited as Police Act 1861 43, 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
- 15A. Awarding compensation to sufferers from misconduct of inhabitants or persons interested in land1098 words
- 34. Punishment for certain offences on roads, etc667 words
- 15. Quartering of additional police in disturbed or dangerous districts373 words
- 1. Interpretation clause267 words
- 23. Duties of police-officers239 words
- 30. Regulation of public assemblies and processions and licensing of the same235 words
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 20 Oct 2026. This page is not a substitute for legal advice.