Section 1 Title, extent and commencement.
(1) This Act may be called the Bengal Military PoliceAct, 1892.
(2) It extends to the whole of the territories subject to the Lieutenant-Governor of Bengal: and
(3) It shall come into force on such day as the Local Government may, by notification in the CalcuttaGazette, appoint in this behalf.
Section 2 Definitions.
In this Act, unless there is something repugnant in the subject or context,
(1) “Military Police-officer” means a person appointed to the Bengal Police Force under section 7 ofAct V of 1861, who has signed the statement in the schedule to this act, in accordance with the provisionsof this Act:
(2) “active service” means service against hostile tribes or other persons in the filed:
(3) “District Magistrate” includes a Deputy Commissioner, an Assistant Commissioner in charge of asub-division, and the Superintendent of the South Lushai Hill:
(4) “Commandant” means a person appointed by the Local Government to be a Commandant ofMilitary Police and includes a District Superintendent of Police and an Assistant District Superintendent ofPolice in charge of the civil police of a district or of a sub-division:
(5) “Second-in-Command” means a person appointed by the Local Government to be a Second-inCommand of Military Police, and includes an Assistant District Superintendent of Police not in charge ofthe civil police of a district or of a sub-division: and
(6) the expression “reason to believe,” “criminal force,” “assault,” “fraudulently” and “voluntarilycausing hurt” have the meaning assigned to them respectively in the Indian Penal Code (XV of 1860).
Section 3 Enrolment and discharge of Military Police-officers.
(1) Before an officer appointed to theBengal Police Force under section 7 of Act V of 1861 is appointed to be a Military Police-officer, thestatement in the schedule shall be read and if necessary explained to him in the presence of a Magistrate,Commandant or Second-in-Command, and shall be signed by him in acknowledgment of its having beenso read to him.
(2) Notwithstanding any notice given under section 9 of Act V of 1861, a Military Police-officer shallnot be entitled to be discharged from the Bengal Police Force except in accordance with the terms of thestatement which he has signed under this Act.
Section 4 Classes and grades of Military Police-officers.
(1) There may be all or any of the followingclasses of Military Police-officers, which shall take rank in the order mentioned, namely:
(i) subadars-major,
(ii) subadars,
(iii) jamadars,
(iv) havildars-major,
(v) havildars,
(iv) naiks,
(vii) buglers, and
(viii) sepoys,
and such grades in each class as the Local Government may direct.
(2) The expression “superior officer” in this Act means in relation to any Police-officer
(a) any officer of a higher class than or of a higher grade in the same class as himself, and
(b) any Second-in-Command, Commandant or District Magistrate.
Section 5 More heinous offences.
A Military Police-officer who
(a) begins, excites, causes or joins in any mutiny or sedition or, being present at any mutiny orsedition, does not use his utmost endeavors to suppress it, or, knowing or having reason to believe inthe existence of any mutiny, or of any intention to mutiny, does not without delay give informationthereof to his commanding or other superior officer; or
(b) uses, or attempts to use, criminal force to or commits an assault on, his superior officer, whetheron or off duty; or
(c) shamefully abandons or delivers up any garrison, fortress, post or guard which is committed tohis charge or which it is his duty to defend; or
(d) directly or indirectly holds correspondence with, or assists or relieves, any person in armsagainst the State, or omits to discover immediately to his commanding or other superior officer anysuch correspondence coming to his knowledge: or
who, while on active service,-
(e) disobeys the lawful command of his superior officer; or
(f) deserts the service; or
(g) being a sentry, sleeps upon his post, or quits it without being regularly relieved or withoutleave; or
(h) without authority leaves his commanding officer, or his post or party, to go in search of plunder;or
(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 othernecessaries to camp or quarters, or forces safeguard, or without authority breaks into any house or anyother place for plunder, or plunders, destroys or damages any property of any kind; or
(k) intentionally causes or spreads a false alarm in action, camp, garrison or quarters,
shall be punished with transportation for life or for a term of not less than seven years, or with imprisonmentfor a term much may extend to fourteen years, or with fine which may extend to three months' pay, or withfine to that extent in addition to such sentence of transportation or imprisonment, as the case may be, asmay be passed upon him under this section.
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