KP Act 155Chapter X · State reserve police force

Section 155 · More heinous offences.—

Every Reserve Police Officer 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 endeavours to suppress it by force of arms, if necessary, 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 present at or near the place, or

(b)

uses, or attempts to use criminal force to, or commits an assault on his superior officer, knowing or having reason to believe him to be such, whether on or off duty; or

(c)

shamefully abandons or delivers up any post, guard, building, fortification, or property which is committed to his charge, or which it is his duty to defend; or

(d)

in the presence of any person in arms against whom it is his duty to act, shamefully casts away his arms or his ammunition or intentionally uses words of any other means to induce any reserve police officer or any police officer to abstain from acting against any such person in arms, or to discourage such officer from acting against any such person in arms or who is otherwise guilty of cowardice or misbehavior in the presence of any such person in arms; or

(e)

directly or indirectly holds correspondence with, or communicates intelligence to, or assists, or relieves, any person in arms against the State, or any person conspiring against Government or public security or any person to be arrested, or omits to discover immediately to his superior officer present, any such correspondence or communication coming to his knowledge; or

(f)

directly or indirectly sells, gives away, or otherwise disposes, or agrees to, or assists in, the sale, gift or disposal of any arms, ammunition or equipment to any such person as aforesaid, or knowingly harbors or protects any such person; or

(g)

while on active duty,—

(i)disobeys the lawful command of his superior officer; or

(ii)deserts his force or his post; or

(iii)being a sentry, or otherwise detailed to remain alert, sleeps at his post or quits it without being regularly relieved or without leave; or

(iv)without authority leaves his commanding officer for any purpose whatsoever; or

(v)uses criminal force to, or commits an assault on, any person whom he has not any reason to believe to be in arms against the State and against whom it is his duty to act, or without authority breaks into any house or other place for plunder or any illegal purpose, or wilfully and unnecessarily plunders, destroys or damages any property of any kind; or

(vi)intentionally causes or spreads a false alarm in action or in camp, garrison or quarters,

shall, on conviction, be punished with rigorous imprisonment for a term which may extend to fourteen years and shall also be liable to fine.Explanation.—A Reserve Police Officer shall be deemed to desert the force if he leaves his place of duty or posting without the permission of his superior officer and he shall be deemed to desert his post if he leaves any sentry, beat, point, building, vehicle, or other place at which or in which he is specifically ordered by his superior officer to perform the duty assigned to him.

The offence at a glance

Maximum punishment: 14 years
Fine: Fine — no statutory ceiling, the court decides
Cognizable: Cognizable
Bailable: Non-bailable
Compoundable: Not compoundable
Triable by: Court of Session

Cognizable — Police may arrest without a warrant
Non-bailable — Bail is at the court's discretion

Derived from the First Schedule Part II rule — not listed section by section

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