#THE BENGAL MILITARY POLICE ACT, 1892 
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##ARRANGEMENT OF SECTIONS 
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SECTIONS 

1. Title, extent and commencement. 
2. Definitions. 
3. Enrolment and discharge of Military Police-officers. 
4. Classes and grades of Military Police-officers. 
5. More heinous offences. 
6. Less heinous offences. 
7. Minor punishments. 
8. Place of imprisonment. 
9. Saving of prosecutions under other laws. 
10. Conferment of magisterial powers on Police-officers. 
11. Disciplinary and other powers of Commandants and Seconds-in-Command of Military Police 
  otherwise than in respect of Military Police. 
12. Privileges of Commandants and Seconds-in-Command of Military Police as Police-officers. 
13. Power to make rules. 

THE SCHEDULE. 


 
#THE BENGAL MILITARY POLICE ACT, 1892 

##ACT NO. V OF 1892 

###PASSED BY THE GOVERNOR GENERNAL OF INDIA IN COUNCIL. 

*(Received the assent of the Governor General on the 25th March*, 1892.)

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  An Act for the Regulation of the Bengal Military Police. 

  WHEREAS it is expedient to make provision for the better regulation of the Bengal Reserve Police; 

  It is hereby enacted as follows:— 

1. **Title, extent and commencement.**—(1) This Act may be called the Bengal Military Police 
Act, 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 Calcutta 
Gazette, appoint in this behalf. 

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 of 
Act V of 1861, who has signed the statement in the schedule to this act, in accordance with the provisions 
of 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 a 
sub-division, and the Superintendent of the South Lushai Hill: 

  (4) “Commandant”  means  a  person  appointed  by  the  Local  Government  to  be  a  Commandant  of 
Military Police and includes a District Superintendent of Police and an Assistant District Superintendent of 
Police 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-in-
Command of Military Police, and includes an Assistant District Superintendent of Police not in charge of 
the civil police of a district or of a sub-division: and 

  (6)  the  expression  “reason  to  believe,”  “criminal  force,”    “assault,”  “fraudulently”  and  “voluntarily 
causing hurt” have the meaning assigned to them respectively in the Indian Penal Code (XV of 1860). 

3. **Enrolment and discharge of Military Police-officers.**—(1)  Before  an  officer  appointed  to  the 
Bengal  Police  Force  under  section 7  of  Act V  of 1861  is appointed  to  be  a Military  Police-officer,  the 
statement 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 been 
so read to him. 

  (2) Notwithstanding any notice given under section 9 of Act V of 1861, a Military Police-officer shall 
not be entitled to be discharged from the Bengal Police Force except in accordance with the terms of the 
statement which he has signed under this Act. 

4. **Classes and grades of Military Police-officers.**—(1)  There  may  be  all  or  any  of  the  following 
classes 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. 

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 or 
sedition, does not use his utmost endeavors to suppress it, or, knowing or having reason to believe in 
the existence of any mutiny, or of any intention to mutiny, does not without delay give information 
thereof 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, whether 
on or off duty; or 

  (c) shamefully abandons or delivers up any garrison, fortress, post or guard which is committed to 
his charge or which it is his duty to defend; or 

  (d) directly  or  indirectly  holds  correspondence  with,  or  assists  or  relieves,  any  person  in  arms 
against the State, or omits to discover immediately to his commanding or other superior officer any 
such 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  without 
leave; 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  other 
necessaries to camp or quarters, or forces safeguard, or without authority breaks into any house or any 
other 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 imprisonment 
for a term much may extend to fourteen years, or with fine which may extend to three months’ pay, or with 
fine to that extent in addition to such sentence of transportation or imprisonment, as the case may be, as 
may be passed upon him under this section. 

6. **Less heinous offences.**—A Military Police-officer who— 

  (a) is in a state of, intoxication when on or for any  duty or on parade or on the line of march; or 

  (b) strikes or attempts to force any sentry; or, 

  (c) being in command of a guard, picquet or patrol, refuses to receive any prisoner duly committed 
to his charge, or without proper authority releases any prisoner, or negligently suffers any prisoner to 
escape; or, 

  (d) being under arrest or in confinement, leaves his arrest or confinement before he is set at liberty 
by proper authority; or 

  (e) is grossly insubordinate or insolent to his superior officer in the execution of his office; or 

  (f) refuses to superintend or assist in the making of any field-work or other work of any description 
ordered to be made either in quarters or in the field; or 

  (g) strikes or otherwise ill-uses any Military Police-officer subordinate to him in rank or position; 
or 

  (h) being in command at any post or on the march, and receiving a complaint that any one under 
his command has beaten or otherwise maltreated or oppressed any person, or has committed any riot 
or trespass, fails, on proof of the truth of the complaint, to have due reparation made as far as possible 
to the injured person and to report the case to the proper authority; or 

  (i) designedly or through neglect injures or loses, or fraudulently disposes of, his arms, clothes, 
tools,  equipments,  ammunition,  accoutrements  or  Military  Police  necessaries,  or  any  such  articles 
entrusted to him or belonging to any other person; or 

  (j) malingers, or feigns or produces disease or infirmity in himself, or intentionally delays his cure, 
or aggravates his disease or infirmity; or 

  (k) with intent to render himself or any other person unfit for service, voluntarily causes hurt to 
himself or any other person; or 

who, while not on active service, — 

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

  (m) plunders, destroys or damages any property of any kind; or 

  (n) being  a  sentry,  sleeps  upon  his  post  or  quits  it  without  being  regularly  relieved  or  without 
leave; or 

  (o) deserts the service; 

shall be punished with imprisonment for a term which may extend to one year, or with fine which may 
extend to three months' pay, or with both. 

7. **Minor punishments.**—(1)  A  District  Magistrate,  Commandant  or  Second-in-Command,  or  an 
officer  not  being  below  the  rank  of  subadar  commanding  a  separate  detachment  or  an  outpost  or  in 
temporary  command  at  the  headquarters  of  a  district  during  the  absence  of  the  District  Magistrate, 
Commandant and Second-in-Command, may, without a formal trial, award to any Military Police-officer 
who is subject to his authority any of the following punishments for the commission of any petty offence 
against discipline which is not otherwise provided for in this Act, or which is not of a sufficiently serious 
nature to call for a prosecution before a Criminal Court, that is to say— 

  (a) imprisonment to the extent of seven days in the quarter-guard or such other place as may be 
considered suitable, with forfeiture of all pay and allowances during its continuance; 

  (b) punishment drill, extra guard, fatigue, or other duty, not exceeding thirty days in duration, with 
or without confinement to quarters. 

(2) Any one of these punishments may be awarded separately or in combination with any one or more 
of the others. 

8. **Place of imprisonment.**—A  person  sentenced  under  this  Act  to  imprisonment  for  a  period  not 
exceeding three months shall, when he is also dismissed from the Bengal Police Force, be imprisoned in 
the nearest or such other jail as the Local Government may, by general or special order, direct; but, when 
he is not also dismissed from that force, he may, if the convicting officer or District Magistrate so directs, 
be confined in the quarter-guard or such other place as the convicting officer or District Magistrate may 
consider suitable. 

9. **Saving of prosecutions under other laws.**—(1) Nothing in this Act shall prevent any person from 
being prosecuted under Act V of 1861, or under any order or rule made under that Act or under any other 
enactment for the time being in force for any act or omission punishable hereunder, or from  being liable if 
so prosecuted to any other or higher penalty than is provided for that act or omission by this Act: 

(2) Provided that no person shall be punished twice for the same offence. 

10. **Conferment  of  magisterial  powers  on  Police-officers.**—Notwithstanding  anything 
Act V of 1861 or in any other enactment for the time being in force, the Local Government may invest any 
Police-officer  not  below  the  rank  of  Commandant  with  the  powers  of    Magistrate  of  any  class  for  the 
purpose of enquiring into or trying any offence committed by a Military Police-officer and punishable under 
Act V of 1861 or this Act. 

in 

11. **Disciplinary and other powers of Commandants and Seconds-in-Command of Military Police 
otherwise than in respect of Military Police.**—Subject to such rules as the Local Government may make 
in this behalf, a Commandant or Second-in Command of Military Police shall have, with respect to Police-
officers appointed to the Bengal Police Force under section 7 of Act V of 1861, who are not Military Police-
officers, the same disciplinary powers as a District Superintendent of Police has with respect to them under 
that section. 

12. **Privileges of Commandants and Seconds-in-Command of Military Police as Police-officers.**— 
A Commandant or Second-in-Command of Military Police shall be entitled to all the privileges which a 
Police-officer has under sections 42 and 43 of Act V of 1861, section 125 of the Indian Evidence Act, 1872 
(I of 1872), and any other enactment for the time being in force. 

13. **Power to make rules.**—The Local Government may, as regards the Military Police make such 
orders and rules consistent with this Act as it thinks expedient. 
________ 


 
##THE SCHUDULE. 

###STATEMENT. 

*(See sections* 2 *and* 3.) 

  AFTER you have served for three years in the Bengal Military Police, you may, at any time when not 
on  active  service,  apply  for  your  discharge,  through  the  officer  to  whom  you  may  be  subordinate, to  a 
Commandant of Military Police or to the District Magistrate of the district in which you may be serving, 
and you will be granted your discharge after two months from the  date of your application unless your 
discharge would cause the vacancies in the Bengal Military Police to exceed one-tenth of the sanctioned 
strength; in that case you must remain until this objection is waived by competent authority or removed. 
But when on active service you have no claim to a discharge, and you must remain and do your duty until 
the necessity for retaining you in the Bengal Military Police ceases, when you may make your application 
in the manner hereinbefore prescribed. In the event of your re-enlistment, after you have been discharged, 
you will have no claim to reckon for pension or any other purpose your service previous to your discharge. 

(Signature of Police-officer in acknowledgement of the above 
     having been read to him) 

A. B. 




Signed in my presence after I had ascertained that 
  A. B. understood the purport of what he signed. 



*C.D. Magistrate, Commandant*

*Second-in-Command.*