Judicial Trial In CRPF

Description

About the book 

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.

About the author

Mr. Bidhan Chandra Patra, Deputy Inspector General, Central Reserve Police Force (CRPF), was born on 1st July, 1970 in the small village of Jalbenti, under P.S- Gopiballavpur, in the then district of Midnapur (later West Midnapur and now Jhargram) in West Bengal, a highly Naxal affected area during 1960s-70s and 2000s. Staying at his native village he passed Class-IV from Jalbenti Prathamik Vidyalaya and Class-VII from Babu Dumro High School, which was founded by his father and the latter was also a teacher there. Thereafter, he was sent to Bakra Shyama Smriti Vidyapith, a remote rural residential school and one of the six High Schools founded with the initiative of his father and dedicated to the service of the common men. He cleared the competitive examination and achieved National Scholarship in 1981 when he was in Class-VIII. After passing Madhyamik Pariksha (Class-X) from West Bengal Board of Secondary Education in 1984 he joined Maharaja Purna Chandra College, Baripada, Orissa (now Odisha) and passed Higher Secondary Examination from Council of Higher Secondary Education, Orissa in 1986. Thereafter, he joined Regional College of Education (now Regional Institute of Education), Bhubaneswar and passed B.Sc (Physics Honours); B.ED (4-Year Integrated Course under NCERT) in 1990. While pursing LL.B as a regular student from Campus Law Centre, University of Delhi during 1992-’95 academic session he joined CRPF as Assistant Commandant on 1st January, 1995 discontinuing his study. He completed M.A (Public Administration) from Annamalai University through correspondence in 2002-’04 academic session. Later on he pursued LL.B from Mayurbhanj Law College, North Orissa University, during 2006-’09 academic session. He completed LL.M, with specialisation in Intellectual Property Rights during 2014-’16 academic session from Hooghly Mohsin College, University of Burdwan, when he was posted to Central Zone Headquarters of CRPF at Salt Lake, Kolkata as Commandant (Law). He has been awarded the University Gold Medal having been placed First in the First Class in the LL.M Examination, 2016. He has deep interest in the subjects of Jurisprudence, Intellectual Property Law, Constitutional and Administrative Law, Human Rights and Cyber Law.
As a Commander of CRPF he has served in the hypersensitive militancy affected areas of Jammu & Kashmir, insurgency affected areas of North-Eastern States and Maoist affected areas of the country and decorated with prestigious Medals and awards.
He is also the author of the books “Patenting Microorganisms and Genes”, which is a text book on Patent Law, and “Disciplinary Proceedings in Civil Services”.
Presently he is working as Additional Judge Attorney General in National Security Guard, New Delhi.