State · West Bengal

Section 9 of The Bengal Military Police Act, 1892. in hindi

(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.

Summary

This section protects the right of the government to prosecute police officers under other existing laws.
Nothing in this Act stops a person from being prosecuted under Act V of 1861, which is the main Police Act.
People can also still be prosecuted under any rules or orders made under Act V of 1861.
They can also be prosecuted under any other law that is currently in force for any action or omission that this Act also punishes.
If prosecuted under another law, they can be made liable to any other or higher penalty than what this Act provides.
To protect the individual, no person can be punished twice for the very same offence.

Practical examples

1On April 2, 1893, Sepoy David Higgins commits a serious theft of local property. Although this is punishable as a disciplinary offense under the Military Police Act, the authorities decide to prosecute him under the Indian Penal Code instead so he can face a much higher prison sentence.

2On November 12, 1894, Sepoy George Watson is prosecuted and fined under Act V of 1861 for neglecting his general duties. The military authorities cannot punish him a second time under the Bengal Military Police Act for that exact same neglect, as double punishment is banned.

FAQ

1. Does the Bengal Military Police Act prevent a person from being prosecuted under the main Police Act of 1861?

No, nothing in this Act prevents anyone from being prosecuted under Act V of 1861, or under any rule or order made under that Act.

2. Can an officer face a higher penalty if they are prosecuted under another law instead of this Act?

Yes, if they are prosecuted under another law or enactment, they can be held liable to other or higher penalties than what is provided in this Act.

3. What does the term "enactment for the time being in force" mean?

It refers to any other law or regulation that is active and valid at that current time.

Test yourself

Q1.Which specific Act is explicitly mentioned in Section 9 as a law under which prosecutions can still occur?

Q2.What does Section 9 say about higher penalties under other laws?

Q3.What is the main restriction or protection provided in Section 9(2)?

Q4.What besides Act V of 1861 itself can people be prosecuted under, according to Section 9?

Q5.If an act is punishable under the Bengal Military Police Act, does it block prosecution under other laws?

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