Bare Acts

OFFENCES AND PUNISHMENTS


9. More heinous offences.—Every member of the Force who—
(a) begins, excites, causes or conspires to cause or joins in any mutiny, or, being present at any
mutiny, does not use his utmost endeavour to suppress it, or knowing, or having reason to believe in,
the existence of any mutiny, or of any intention or conspiracy to mutiny or of any conspiracy against
the State does not, without delay, give information thereof to his superior officer; or
(b) uses, or attempts to use, criminal force to, or commits an assault on, his superior officer,
whether on or off duty, knowing or having reason to believe him to be such; or
(c) shamefully abandons or delivers up any post or guard which is committed to his charge, or
which it is his duty to defend; or
(d) directly or indirectly holds correspondence with, or assists or relieves any person in arms
against the State or omits to discover immediately to his superior officer any such correspondence
coming to his knowledge ; or
who, while on active duty,—
(e) disobeys the lawful command of his superior officer; or
(f) deserts the Force; or
(g) being a sentry, sleeps upon his post or quits it without being regularly relieved or without
leave; or
(h) leaves his commanding officer, or his post or party, to go in search of plunder; or
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(i) quits his guard, picquet, party or patrol without being regularly relieved or without leave; or
(j) uses criminal force to, or commits an assault on, any person bringing provisions or other
necessaries to camp or quarters, or forces a safeguard or breaks into any house or other place for
plunder, or plunders, destroys or damages property of any kind; or
(k) intentionally causes or spreads a false alarm in action or in camp, garrison or quarters; or
(l) displays cowardice in the execution of his duty,
shall be punishable with transportation for life for a term of not less than seven years or with
imprisonment for a term which may extend to fourteen years or with fine which may extend to three
months’ pay or with fine to that extent in addition to such sentence of transportation or imprisonment.
10. Less heinous offences.—Every member of the Force who—
(a) is in a state of intoxication when on, or after having been warned for, any duty or on parade or
on the line of march; or
(b) strikesor attempts to force any sentry; or
(c) being in command of a guard, picquet or patrol, refuses to receive any prisoner or person duly
committed to his charge, or without proper authority releases any person or prisoner placed under his
charge, or negligently suffers any such prisoner or person to escape; or
(d) being under arrest or in confinement, leaves his arrest or confinement, before he is set at
liberty by lawful authority; or
(e) is grossly insubordinate or insolvent to his superior officer in the execution of his office; or
(f) refuses to superintend or assist in the making of any field-work or other work of any
description ordered to be made either in quarters or in the field; or
(g) strikes or otherwise ill-uses any member of the Force subordinate to him in rank or position;
or
(h) designedly or through neglect injuries or loses or fraudulently disposes of his arms, clothes,
tools, equipments, ammunition or accoutrements, or any such articles entrusted to him or belonging to
any other person; or
(i) malingers or feigns or produces disease or infirmity in himself, or intentionally delays his cure,
or aggravates his disease or infirmity; or
(j) with intent to render himself or any other person unfit for service, voluntarily causes hurt to
himself or any other person; or
(k) does not, when called upon by his superior officer so to do or upon ceasing to be a member of
the Force forthwith deliver up, or duly account for, all or any arms, ammunition, stores,
accoutrements or other property issued or supplied to him or in his custody or possession as such
member; or
(l) knowingly furnishes a false return or report of the number or state of any men under his
command or charge or of any money, arms, ammunition, clothing, equipments, stores or other
property in his charge, whether belonging to such men or to the Government or to any member of, or
any person attached to the Force, or who, through design or culpable neglect, omits or refuses to
make or send any return or report of the matters aforesaid; or
(m) absents himself without leave, or without sufficient cause over-stays leave granted to him; or
(n) is guilty of any act or omission which, though not specified in this Act, is prejudicial to good
order and discipline; or
(o) contravenes any provision of this Act for which no punishment is expressly provided; or
who, while not on active duty,—
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(p) commits any of the offences specified in clauses (e) to (l) (both inclusive) of section 9,
shall be punishable with imprisonment for a term which may extend to one year, or with fine which may
extend to three months' pay, or with both.
11. Minor punishments.—(1) The Commandant or any other authority or officer as may be
prescribed, may, subject to any rules made under this Act, award in lieu of, or in addition to, suspension
or dismissal any one or more of the following punishments to any member of the Force whom he
considers to be guilty of disobedience, neglect of duty, or remissness in the discharge of any duty or of
other misconduct in his capacity as a member of the Force, that is to say,—
(a) reduction in rank;
(b)fine of any amount not exceeding one month's pay and allowances;
(c) confinement to quarters, lines or camp for a term not exceeding one month;
(d) confinement in the quarter-guard for not more than twenty-eight days, with or without
punishment drill or extra guard, fatigue or other duty; and
(e) removal from any office of distinction or special emolument in the Force.
(2) Any punishment specified in clause (c) or clause (d) of sub-section (1) may be awarded by any
gazetted officer when in command of any detachment of the Force away from headquarters, provided he
is specially authorised in this behalf by the Commandant.
(3) The assistant commandant, a company officer or a subordinate officer, not being below the rank
of subedar or inspector, commanding a separate detachment or an outpost, or in temporary command at
the headquarters of the Force, may, without a formal trial, award to any member of the Force who is for
the time being subject to his authority any one or more of the following punishments for the commission
of any petty offence against discipline which is not otherwise provided for in this Act, or which is not of a
sufficiently serious nature to require prosecution before a criminal Court, that is to say,—
(a) confinement for not more than seven days in the quarter-guard or such other place as may be
considered suitable, with forfeiture of all pay and allowances during its continuance;
(b) punishment drill, or extra guard, fatigue or other duty, for not more than thirty days, with or
without confinement to quarters, lines or camp;
(c) censure or severe censure:provided that this punishment may be awarded to a subordinate
officer only by the Commandant.
(4) A jemadar or sub-inspector who is temporarily in command of a detachment or an outpost may, in
like manner and for the commission of any like offence, award to any member of the Force for the time
being subject to his authority any of the punishments specified in clause (b) of sub-section (3) for not
more than fifteen days.
12. Place of imprisonment and liability to dismissal on imprisonment.—(1) Every person
sentenced under this Act to imprisonment may be dismissed from the Force, and shall further be liable to
forfeiture of pay, allowance and any other moneys due to him, as well as of any medals and decorations
received by him.
(2) Every such person shall, if he is so dismissed, be imprisoned in the prescribed prison, but if he is
not also dismissed from the Force, he may, if the Court or the Commandant so directs, be confined in the
quarter-guard or such other place as the Court or the Commandant may consider suitable.
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13. Deductions from pay and allowances.—The following penal deductions may be made from the
pay and allowances of a member of the Force by his company officer, that is to say,—
(a) all pay and allowances for every day of absence either on desertion or without leave and for
every day of imprisonment awarded by a criminal Court or of confinement awarded under section 11;
(b) all pay and allowances for every day whilst he is in custody on a charge for an offence of
which he is afterwards convicted;
(c) all pay and allowances for every day on which he is in hospital on account of sickness
certified by the medical officer attending on him at the hospital to have been caused by an offence
committed by him under this Act;
(d) all pay and allowances ordered to be forfeited under section 11; and
(e) such sum as may be ordered by the Commandant or assistant commandant in order to make
good any expenses caused by the member of the Force, or any loss of, or damage or destruction done
by him to, any arms, ammunition, equipment, clothing, instruments or decorations belonging to the
Force or to any buildings or property.
14. Collective fines.—Whenever any weapon, part of a weapon or ammunition, forming part of the
equipment of a company or other similar unit of the Force, is lost or stolen the Commandant may, after
making such inquiry as he thinks fit and subject to such rules as may be prescribed, impose a collective
fine upon the subordinate officers and men of such unit, or upon so many of them as, in his judgment,
should be held responsible for such loss or theft.

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