Judicial Trial In CRPF

Author : Bidhan Chandra Patra

In exercise of the powers conferred by Sub-section (2) of Section 16 of the Central Reserve Police Force Act, 1949 (66 of 1949), the Ministry of Home Affairs, Government of India, has invested the Commandant and a Second-in-Command in a Unit (including General Duty Officers of the equal ranks posted in Static Establishments in the Force and declared as “Head” of respective Office and exercising supervision and administrative control over personnel posted in the said Establishment/ Office) with all powers of a Metropolitan Magistrate, in relation to a Metropolitan area, and a Judicial Magistrate of the First Class, in relation to any area outside the Metropolitan area under the Code of Criminal Procedure, 1973. All Non Gazetted Officials (NGOs), i.e., from Constable to Subedar (Inspector), can be strictly termed as “member of the force”. 

As per Sub-rule (a) of Rule 36 of CRPF Rules, 1955, all trials in relation to any one of the offences specified in Section 9 or Section 10 of the CRPF Act, 1949, shall be held in accordance with the procedure laid down in the Code of Criminal Procedure, 1973). Threfore, all the relevant provisions of the Code of Criminal Procedure (CrPC), 1973, the CRPF Act, 1949 and the CRPF Rules, 1955 have been incorporated in this book and have been explained with the help of leading judicial pronouncements of different High Courts and the Supreme Court.