Section 2 of The Central Reserve Police Force Act, 1949
Definitions.
In this Act, unless there is anything repugnant in the subject or context,—
- (a)"active duty" means the duty to restore and preserve order in any local area in the event of any disturbance therein;
- (b)"close arrest" means confinement within the Force or a detachment of the Force or a post quarter-guard building or tent under charge of a guard;
- (c)"the Force" means the Central Reserve Police Force;
- (d)"member of the Force" means a person who has been appointed to the Force by the Commandant, whether before or after the commencement of this Act, and in sections 1, 3, 6, 7, 16, 17, 18 and 19, includes also a person appointed to the Force by the Central Government, whether before or after such commencement;
- (e)"open arrest" means confinement within the precincts of any barracks, lines or camp for the time being occupied by any part of the Force;
- (f)"prescribed" means prescribed by rules made under this Act;
- (g)"subordinate officer" means a member of the Force of the rank of subedar-major, subedar, jemadar or sub-inspector;
- (h)the expressions "assault", "criminal force", "fraudulently", "reason to believe" and "voluntarily causing hurt" have the meanings assigned to them respectively in the Indian Penal Code (45 of 1860)
Summary
- This section defines "active duty" as the duty to bring back and keep order when there is a disturbance in an area.
- It explains "close arrest" as being locked up within the Force, a post, or a tent under a guard's watch.
- "Open arrest" is defined as being restricted to the boundaries of barracks, lines, or a camp used by the Force.
- A "member of the Force" is someone appointed by the Commandant or, for specific sections like Section 6, someone appointed by the Central Government.
- "Subordinate officer" refers to specific ranks like subedar-major, subedar, jemadar, or sub-inspector.
- It notes that certain terms like "assault" and "fraudulently" have the same meanings as they do in the Indian Penal Code.
Practical examples
FAQ
1. What is the difference between close arrest and open arrest?
Close arrest involves confinement under a guard's charge, while open arrest is confinement within the barracks or camp boundaries.
2. Who counts as a "member of the Force" for the purpose of Section 6 (resignation)?
For Section 6, it includes people appointed by the Commandant and also those appointed by the Central Government.
3. Does this Act define terms like "assault"?
No, it says the term "assault" has the same meaning as it does in the Indian Penal Code.
4. What does "prescribed" mean in this law?
It means prescribed by rules made under this Act.
Test yourself
1.Under Section 2 of The Central Reserve Police Force Act, 1949, what does "active duty" specifically mean?
2.Under Section 2 of The Central Reserve Police Force Act, 1949, who is considered a "subordinate officer"?
3.Under Section 2 of The Central Reserve Police Force Act, 1949, how is "close arrest" different from "open arrest"?
4.Under Section 2 of The Central Reserve Police Force Act, 1949, which other law provides definitions for terms like "fraudulently" and "reason to believe"?
5.Under Section 2 of The Central Reserve Police Force Act, 1949, does the definition of "member of the Force" change when applying Section 6 (Resignation)?