Trace Your Case

ISSUE:

Whether a Customs Officer either under the Land Customs Act 1924 (Act XIX of 1924) or under the Sea Customs Act. 1878 (Act VIII of 1878), is a police officer within the meaning of that expression in Section 25 of the Indian Evidence Act?

RULE:

When someone occupies a position under one of the Acts governing the police, they are a member of the force. The definition of "police officers" under section 25 does not just refer to those employed by police agencies registered under the Police Act of 1861. All individuals who must be enlisted under the Act are stated to fall under the definition of "police." only when customs officials are using restricted authority that is comparable to that of police officers can they be recognized to be police officers.

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