(1) When employed on active duty at any place under sub-section (7) of section 10, the senior reserve police officer of highest rank not being lower than that of a Naik present shall be deemed to be an officer in charge of a Police Station for the purposes of Chapter IX of the Code of Criminal Procedure, 1898.
(2) Notwithstanding anything contained in sections 100 and 103 of the Indian Penal Code, a reserve police officer employed as aforesaid may, when there is reasonable apprehension of assult on himself or any reserve police officer or of damage or harm to any property or person which or whom it is his duty to protect, use such force to the wrong doer or assailant as may be reasonably necessary even though the use of such force may involve risk of death of the wrong doer or the assailant or any other person assisting such wrong doer or assailant.
12. If any reserve police officer resigns his appointment in contravention of section 6 he shall be punished with imprisonment for a term which may extend to one year or Certificate of appointment to certain reserve police officers, when it is to be returned back.
General powers of Commandant General duties of members of State Reserve Police Force.
V of 1898.
Reserve police officer to be deemed to be in charge of police station.
XLV of 1860. Circumstances under which reserve police officer entitled to use force.
Offence in respect of resignation contrary to provisions.
The Bombay State Reserve Police Force Act, 1951 7 of 13 with fine which may extend to one thousand rupees or with both.
13. Any reserve police officer who wilfully neglects or refuses to deliver up his certificate of appointment or any other article in accordance with sub-section (3) of section 8 shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both.
14 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, buildings, 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 or 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 misbehaviour 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 communications 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 harbours 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, Offence in respect of refusal to deliver certificate of appointment, etc.
More heinous offences.
The Bombay State Reserve Police Force Act, 1951 8 of 13 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.
15. Every reserve police officer who-
(a) assaults or uses or attempts to use criminal force to any sentry ; or
(b) being in command of a guard, picquet or patrol refuses to receive any prisoner or person lawfully made over to his charge or whether in such command or not releases any prisoner or person without proper authority or negligently suffers any prisoner or person to escape ; or
(c) being in command of a guard, picquet or patrol permits any person belonging to such guard, picquet or patrol to engage himself in gambling or other behaviour prejudicial to good order and discipline ; 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 to his superior officer in the execution of his office; or
(f) refuses to superintend or assist in the making or carrying out of any construction of any description ordered to be made either in quartets or in the field ; or
(g) assaults or otherwise ill-uses any reserve police officer with reference to whom he is a superior officer ; or
(h) designedly or through neglect damages or loses or fraudulently or without due authority disposes of his arms, clothes, tools, equipment, ammunition, accoutrements or other necessaries furnished to him for the execution of his office or any such articles entrusted to him or to any other person ; or
(i) malingers, feigns or produces disease or infirmity in himself for intentionally delays his cure or aggravates his disease or infirmity ; or
(j) with intent to render himself or any other person unfit for duty, voluntarily causes hurt to himself or any other person ; or
(k) commits extortion or without lawful authority extorts from any person carriage, porterage or provisions ; or
(l) wilfully or negligently ill-treats, injures or causes the death of any animal or damages, loses or makes away with any animal or vehicle used in the public service ;
shall, on conviction, be punished with rigorous imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both.
Less heinous offences.
The Bombay State Reserve Police Force Act, 1951 9 of 13
16. A reserve police officer who, being in command of any guard, picquet, party, patrol or detachment and knowing of the commission or of a design to commit any offence punishable under section 14 or 15 of this Act, by or on the part of any reserve police officer under his command, intentionally omits or without reasonable excuse, the burden of proving which shall lie on him, fails to give information of such commission or design to his superior officer shall, on conviction, be punished with rigorous imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both.