Salient Features of the Act governing CRPF

Salient Features of the Act governing CRPF

• The CRPF is governed by the CRPF Act of 1949 (Act No. LX VI of 1949), which was published in the Gazette of India Extraordinary, Part IV, on December 30, 1949, and received the assent of the Governor-General on December 28, 1949. The primary purpose of this Act is to establish and regulate an Armed Central Reserve Police Force. It addresses critical facets of the Force, including its constitution, responsibilities, control and administration, offenses and penalties, and various miscellaneous subjects. Key Provisions within this Act include:

Police Powers

• A member of the Force enjoys specific Police Powers, which have been conferred by the Central Government through the exercise of authority under Section 16(1) of the CRPF Act of 1949. These powers were officially granted through Notification No. J.II-9/74- Adm(Pers-I), issued by the Government of India, Ministry of Home Affairs, New Delhi 110001, on July 27, 1976. These powers encompass authority under various sections of the Code of Criminal Procedure (CrPC), such as sections 41(1), 46, 47, 49, 51(1), 52, 74, 102, 129, 131, 149, 150, 151, and 152.

Judicial Powers

• In exercise of the powers conferred by Sub-Section (2) of Section 16 of CRPF Act 1949, the Commandant and Second-in-Command are empowered to invest themselves with the authority to inquire into or try offenses as specified in that subsection. This authority extends to all matters related to the investigation or trial of these offenses.

Legal protection

• A member of the Force is provided legal protection against prosecution for actions taken in the course of official duties, as per Section 17 of the CRPF Act of 1949. Additionally, protection against arrest is available under Section 45 of the Code of Criminal Procedure (Cr.P.C) of 1973 for acts carried out or purported to have been done in the discharge of official duties.

• In addition, Section 132 of the Cr.P.C. 1973 addresses protection against prosecution, while Section 197 of the same code deals with the prosecution of judges and public servants. These legal provisions safeguard individuals in official roles from unwarranted legal actions for actions taken in good faith during their duties.

Section 18

Under the authority granted by Section 18 of the CRPF Act of 1949, the CRPF Rules of 1955 have been established to facilitate the implementation of the provisions within the Act. These rules were officially enacted through S.R.O. 499 on February 24, 1955, and were published in the Gazette of India in the same year by the Central Government.

The CRPF Rules of 1955 encompass various aspects related to the force, including the general powers of superior officers, the composition of the Force, organization of a Battalion, training, discipline, rules regarding judicial trial, internal management, pay and allowances, rules for promotion, regulations for recruitment, appointments, and other conditions of service, among others. It is worth emphasizing that discipline serves as the cornerstone of any uniformed force. Ensuring proper discipline through the judicious exercise of authority contributes to fostering high morale within the Force. In the CRPF, disciplinary actions are undertaken, and the nature of these actions is determined based on the individual merits of each case.

The CRPF Act of 1949 and the Rules of 1955 contain various provisions instrumental in ensuring proper discipline within the Force through the judicious exercise of powers. Here are some of the disciplinary actions authorized by these provisions:

• Penal Recoveries: Recoveries from the pay of a member of the Force can be made under Section 13.
• Collective Fine: Collective fines can be imposed under Section 14.
• Open or Close Arrest: A member of the Force can be placed under open or close arrest as authorized by Section 15.

• Orderly Room: Unit Orderly Room sessions are conducted on a weekly basis, or as required, except on Thursdays. The schedule for these sessions is notified in Force Orders as per Section 11 of the CRPF Act of 1949, read with Rule 32 of the CRPF Rules of 1955.

  Departmental Inquiries: Departmental inquiries are carried out under Section 11(1) of the CRPF Act of 1949, in accordance with Rule 27(c) of the CRPF Rules of 1955 and relevant instructions issued from time to time. These inquiries are typically preceded by a Preliminary inquiry or a Court of Inquiry, as determined by the circumstances.

  Judicial Trials: Judicial Trials are conducted in accordance with Sections 9 and 10 of the CRPF Act of 1949, read with Rule 36 and Rule 36(E) to (J) of the CRPF Rules of 1955. The method of trial used is akin to a 'Summons Trial' as outlined in the Code of Criminal Procedure, 1973. Officers of the rank of Commandant and equivalent rank are granted the necessary powers, as specified in notification No. J.II-9/74-ADM-GPA-I(MHA) dated January 25, 1978, issued in New Delhi.

  Suspension: The authority with the power to issue suspension orders for a member of the Force is specified in Rule 27(A) and (B) of the CRPF Rules of 1955.

  Appeal and Revision: Rules 28 and 29, respectively, establish the processes for appeal and revision, granting members the right to appeal and seek revision of decisions.

  Petition for Grievance Redressal: Rule 30 outlines provisions for submitting a petition to address grievances.

Misc Service Conditions.