Scope of Act
Section 46 of the Police Act, 1861 deals with scope of Act. [46. Scope of Act.(1) This Act shall not by its own operation take effect in any 3presidency, [State] or place. The Act came into force on 22 Mar 1861.
2[46. Scope of Act.(1) This Act shall not by its own operation take effect in any 3presidency, 4[State] or place. But the 1[State Government] by an order to be published in the Official Gazette may extend the whole or any part of this Act to any presidency, 4[State] or place, and the whole or such portion of this Act as shall be specified in such order shall thereupon take effect in such presidency, 4[State] or place.
(2) When the whole or any part of this Act shall have been extended, the 1[State Government] may, from time to time, by notification in the Official Gazette, make rules consistent with this Act
(a) to regulate the procedure to be followed by Magistrates and police-officers in the discharge of any duty imposed upon them by or under this Act;
(b) to prescribe the time, manner and conditions within and under which claims for compensation under section 15A are to be made, the particulars to be stated in such claims, the manner in which the same are to be verified, and the proceedings (including local enquiries if necessary) which are to be taken consequent thereon; and
(c) generally, for giving effect to the provisions of this Act.
(3) All rules made under this Act may from time to time be amended, added to or cancelled by the 1[State Government].]
Section 46, 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.
This section refers to
Referred to by 2
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.
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Jasveer Singh vs State of U. P.
Court's Decision & Legal Precedent
Where a police constable has completed more than ten years of service, transfer from civil police to armed police cannot be effected by the Superintendent of Police alone; such transfer requires prior approval from the Deputy Inspector General or Inspector General as specified in the first part of Regulation 525. Statutory police regulations have legal sanction under Section 46(2) of the Police Act 1861 and breach of these regulations renders the administrative action void. When specific provisions for a category (constables) exist in a regulation, the general provisions for other categories (officers) cannot be invoked to override the specific safeguards.
On this section: Provides the constitutional authority under which police regulations are framed. Court held that regulations framed under this section have statutory character and legal sanction.
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State of West Bengal vs Nur Alam
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: Scope of the Act and requirement that State Government must notify rules in the Official Gazette. Court held that this requirement is mandatory for rules framing recruiting procedures and that publication in Police Gazette alone is insufficient compliance.
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 46
What have the courts held on Section 46 of the Police Act?
Jasveer Singh vs State of U. P. (23 Jan 2008) is the leading judgment on this section among those set out below: Provides the constitutional authority under which police regulations are framed. Court held that regulations framed under this section have statutory character and legal sanction. Another 1 judgment on this section is set out below, all of them from the Supreme Court. They run from 2007 to 2008.
How do I find court cases under Section 46 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 46, section 46 Police Act 1861, section 46 of the Police Act. People searching for it also type ghana police act section 46. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Jasveer Singh vs State of U. P. (23 Jan 2008).
What should I read with Section 46 of the Police Act, and has it changed?
Its own text turns on section 15A (Awarding compensation to sufferers from misconduct of inhabitants or persons interested in land), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it.
When did Section 46 of the Police Act come into force?
Section 46 of the Police Act, cited as Police Act 1861 46, 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 21 Oct 2026. This page is not a substitute for legal advice.