Page:Kerala Police Act, 2011.pdf/45

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45

(2) No police officer, during the discharge of his duties shall withdraw from his lawful acts or engage in any unlawful acts on account of cowardice.

(3) If a police officer withdraws from the lawful discharge of his duties on account of fear of any person or object, that officer shall be deemed to be guilty of cowardice

(4) Nothing in this section shall compel a police officer to do any act by himself under the circumstances that there is reasonable apprehension of imminent death or grievous injury

96 Police officers to report corruption and torture—(1) Every police officer shall liable to inform directly to the Deputy Superintendent of Police or the District Police Chief in respect of any act of corruption or of physical torture against any person with the intention of admitting the commission of an offence or creating evidence which such officer believes in good faith is going on in his presence under the circumstances he knows very well.

(2) No such report, made in good faith, shall be deemed to be a violation of discipline on the reason that the officer reported on was an officer lower in rank than the officer against whom the report was given.

(3) No police officer shall be deemed to have acted as a partner, protector or an accomplice in the said corruption or torture solely due to the reason that the officer has not informed as such.

Provided that the police officer not informed as such shall be subjected to departmental disciplinary proceedings.

97 Minimum tenure of police officers—(1) The Government shall ensure a minimum tenure of two years for police officers posted as State Police Chief, Inspectors General in charge of Ranges, Superintendents of Police or Commissioners in charge of Police Districts and Station House Officers.

Provided that this tenure shall not be applicable in cases of superannuation, promotion, reversion, suspension, leave, etc.

(2) The Government or the appointing authority may, without prejudice to the right to initiate any legal or departmental action, transfer any police officer before completing the normal tenure of two years, on being satisfied prima facie that it is necessary to do so on any of the following grounds stated in (a) to (f), namely—

(a) the officer is subjected to disciplinary action,
(b) it is found prima facie on investigation that the officer is involved in a corrupt practice or in a criminal offence involving proclivity for violence or moral turpitude,