Indian Police Law / Police Act, 1861
Section 19 of the Police Act, 1861: Refusal to Serve as Special Police Officers
Section 19 prescribes a penalty where a person appointed as a special police officer, without sufficient excuse, refuses or neglects to serve or disobeys a lawful duty-related direction. Read the statutory provision, its conditions and related sections.
Section 19: Statutory provision
19. Refusal to serve as special police-officers
If any person being appointed a special police officer as aforesaid shall without sufficient excuse, neglect or refuse to serve as such, or to obey such lawful order or direction as may be given to him for the performance of his duties, he shall be liable, upon conviction before a Magistrate, to a fine not exceeding fifty rupees for every such neglect, refusal or disobedience.
The provision above preserves the substance and the stated monetary limit of Section 19. See the official Police Act, 1861 text on India Code for the published wording.
Meaning of Section 19 and essential requirements
The provision is directed at persons appointed as special police officers under the preceding appointment provision, rather than every resident of an area. Its application depends on the facts and the applicable local law.
1. Appointment as a special police officer
Under Section 17, a police officer not below the rank of Inspector may request the nearest Magistrate to appoint neighbourhood residents as special police officers when an unlawful assembly, riot or disturbance of the peace has occurred or is reasonably apprehended and the ordinary police force is insufficient. The Magistrate may make the appointment for the necessary time and territorial limits.
2. Neglect, refusal or disobedience
Section 19 addresses neglect or refusal to serve following such an appointment, as well as failure to comply with a lawful order or direction given for performing special-police duties. A direction outside the lawful scope of the role is not made valid merely by invoking this section.
3. Absence of sufficient excuse
The statutory words "without sufficient excuse" are important. Whether an explanation is sufficient depends on the circumstances and is a matter for determination in the relevant proceedings; the section does not provide an exhaustive list of acceptable excuses.
Penalty under Section 19
Section 19 specifies a fine not exceeding fifty rupees for every such neglect, refusal or disobedience. The figure is the amount stated in the central statutory text and should not be replaced by an assumed inflation-adjusted amount. State amendments or other applicable enactments may prescribe different rules.
The provision does not itself prescribe imprisonment. A penalty under this section requires a conviction before a Magistrate; an allegation or a request to serve does not by itself establish guilt.
Frequently asked questions
Can a person be fined merely for declining a verbal request to assist police?
Section 19 refers to a person appointed as a special police officer under the preceding provision. Whether there was a valid appointment and a refusal without sufficient excuse is material.
What is the maximum fine under the central text of Section 19?
The statutory maximum is Rs. 50 for every qualifying neglect, refusal or disobedience, subject to the law applicable in the relevant jurisdiction.
Does a special police officer have ordinary police duties?
Section 18 addresses the powers, protections, duties, penalties and supervisory authorities of special police officers appointed under the Act.
Is Section 19 applicable throughout India without change?
No uniform assumption should be made. State and Union Territory police enactments and amendments must be checked for the relevant jurisdiction.
Official legislation and further reading
This article is general legal information, not a substitute for checking the applicable law, notifications and judicial decisions in a particular case.