CHAPTER XVII
OFFENCES BY AND
PUNISHMENTS FOR POLICE OFFICERS
155. Penalty for certain types of misconduct by
Police Officers.--(1) Any Police Officer who--
(a) makes for obtaining release from service as Police Officer,
a false statement or a statement which is misleading in material particulars or
uses a false document for the purpose;
(b) is guilty of cowardice, or being a
Police Officer of junior rank, resigns his office or withdraws himself from
duties without permission;
(c) is guilty of any wilful
breach or neglect of any provision of law or of any rule or regulation or any
order which he is bound to observe or obey ;
(d) is guilty of any violation of duty;
(e) is found in a
state of intoxication, while on duty;
(f) malingers or
feigns or voluntarily causes hurt to himself with the intention to render
himself unfit for duty;
(g) is grossly insubordinate to his superior
officer or uses criminal force against a superior officer; or
(h) engages himself or participates in any
demonstration, procession or strike or resorts to or in any way abets any form
of strike or coercion or physical duress to force any authority to concede
anything,
shall, on conviction, for
every such offence be punished with imprisonment for a term which may extend to
three years and with fine.
(2) Prosecution under this Article shall require
a report on writing by an officer authorized in his behalf under the rules [to
be made by the Government].
COMMENTARY
Declaration of innocent
accused had destroyed the case of complainant. Case was registered against four
persons qua the murder. Alleged made ineffective firing and raised lalkara. Complainant filed a private complaint against
accused. Bar of. Validity. Preliminar
evidence, FIR and other documents produced before High Court. No injury was
attributed to the accused who were declared innocent.
Deceased received only one fire-arm injury which was attributed to absconder.
If after recording of evidence in murder case, the trial Court comes to
conclusion that the accused had declared innocent with malafide
intention or with some ulterior motive, then it can order for prosecution u/S.
155 of the Police Order. S. 155(2) of Police Order, is
a bar on filing a private complainant. PLJ 2008 Cr.C. (