Police Act 1861, 13 of 1861, (Rep., Act 8 of 1868)

Section 41. The

Repealed or not in force · As amended up to 2026-08

41. The i .. . 41; The seizure by any Police Officer of property aileged or suspected to Procedure by Police of. have been stolen, or of property seized by any Police Officer upon seizure of stolen ,,ropert7 found an officer under circumstances which create suspicion of the fender . - committal of any offence, shall be forthwith reported 'to the ;?lagistrate of the Ilistrict, who shall thereupon make such order respecting the custody and production of. the property as he shall think proper. 42. 42. KO Police Officer shall, witllout an express order from a Magistrate, Police Officers to make enquire into or take cognizance of any offence other than enquiry into certain offences only directed to the offences specified in the Schedule annexed to this Act do SO by Magistrate. But it shall be competent to a Magistrate, upon tl?e feport of a Police Officer or otherwise, to direct enquiry to be made by a Police Officer into any offence punishable under any law for the time being in force. `43.` Nothing in the last preceding Section shall be held. to interfere with Except when emi~owered[the exercise of any powers which are invested in a Police ] 1 ) ~ any special Or locallam. Officer by any special or local law, o r with the performance of any duty ~vllich is imposed upon a Police OfEicer by any sucli special or local law. . . . 44. Upon complaint dr information 1)eing preferred to an Officer in charge of a. Folice Station, of the commission within the limits of up011 complaint preferred. Head Officer to prosuch Station of anv of the offences specified in the ceed in person or d e p ~ ~ t e a Subordinate Officer to Schedule annexed to this Act, he shall send immediate make enquiry. intimation to the Magistrate having jurisdiction and shall proceed in person or shall depute one of his subordinate Officers to proceed to the spot to enquire into the facts and circumstances of the case, and to take such me'sures as may be necessary for the discovery and apprehension of the offender.

Source: India Code