Section 44 of MDPA : Section 44: Penalties For Neglect Of Duty &C
MDPA
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Explanation using Example
Imagine a scenario where a police officer from the Madras District is found to have left his post without taking official leave and without providing the required two months' notice. Additionally, the same officer is caught engaging in a side business during his duty hours, which is not permitted as per his role as a police officer. Upon investigation, it is also discovered that the officer made a baseless accusation against a local shopkeeper due to a personal grudge. The shopkeeper was detained without any legal justification, and the officer used excessive force during the arrest.
In this case, the officer's actions violate Section 44 of The Madras District Police Act, 1859. His neglect of duty, engagement in unauthorized employment, and the unwarranted use of force, along with the false charge against the shopkeeper, would subject him to legal proceedings. If found guilty, the officer could face a penalty of up to three months' pay, or imprisonment for up to three months with or without hard labour, or both, as per the discretion of the Magistrate.