The State Law and Order Restoration Council
The Myanmar Police Force Maintenance of Discipline Law
(The State Law and Order Restoration Council Law No - 4/95)
The 12th Waning of Oo Tagu, 1357 ME
(26th April, 1995)
The State Law and Order Restoration Council hereby enacts the following Law:
Chapter I
Title and Definition
1. This Law shall he called the Myanmar Police Force Maintenance of Discipline Law.
2. All members of the Myanmar Police Force shall be subject to this Law, wherever they may he.
3. The followings expressions contained in this law, shall have the meanings given hereunder:-
(a) Ministry means the Ministry of Home Affairs;
(b) Minister means the Minister of the Ministry of Home Affairs:
(c) Police Director General means the Director General of the People’s Police Force;
(d) Divisional or State Police Force Commander means the officer
who supervises and controls the members of the Police Force within
the Division or State;
(e) Gazetted Officer means an officer of the rank of Police Captain and above;
(f) Officer means a person of the rank of Police Second lieutenant and above;
(g) Superior Officer when used in respect of a person who is subject to this law includes officers and also Police Warrant Officers and Police Corporals;
(h) Police Corporal means a person who is currently holding the rank of a Police Corporal in the Myanrnar’ Police Force;
(i) Member of the Police Force means’ persons who have been appointed as members of the Police Force in the Myanmar Police Force and persons who have been appointed as members of the Police Force in the Myanmar Police Battalions before and after the enactment of this Law;
(j) Police Deserter means a member of the Police Force who, with the intention of leaving the Myanmar Police permanently, is absent without leave or who is absent without leave for 21 days or more;
(k) all words and expressions used herein and defined in the Penal Code but not hereinbefore defined shall be deemed to have the meanings respectively attributed to them by that Code.
1. Substituted by Order No. 1l95 of the State Law and Order Restoration Council dated 13.. September 1995
Chapter II
Submission of Grievance
4. (a) Any person subject to this Law, other than an officer who deems himself wronged by any superior officer may complain to his superior officer or to the Police Commander under whose command he is serving;
(b) when the officer complained against is the officer to whom any Complaint should, under sub-section (a) be preferred, the aggrieved person may complain to the next superior officer of such officer;
(c) An Officer receiving the complaint shall make as complete an investigation into it as may be possible for giving full redress to the complainant and shall take action as may be necessary or when necessary shall refer the complaint to the higher authority;
(d) Every complaint shall be preferred in such manner as may from time to time be specified by the-proper: authority;
(e) The Director General of the Myanmar’ Police Force may revise the action taken under sub-section cc), as may be necessary.
5. (a) Any officer who deems himself wronged by his superior officer may complain in a proper manner, by stages to his Police Battalion Commander, Police Commander or to the next superior officer of the officer complained against. If, inspite of the complaint he does not receive the redress or remedy to which he considers himself entitled, he may complain to the Police Director General in such manner as may from time to time be specified by the proper authority;
(b) An officer receiving the complaint shall make as complete an investigation into it as may be possible for giving full redress to the complainant and shall take action as may be necessary or when necessary shall refer the complaint to the higher authority;
(c) Every complaint shall be preferred in such manner as may from time to time be specified by the proper authority;
(d) The Minister or the Police Director General may revise the action taken under sub-section (b), as may be necessary.
1. Substituted by Order No! 1195 of the State Law and Order Restoration Council dated 13 September 1995
Chapter IlI
Administrative Power
6. The Police Director General may-
(a) cause any person subject to this Law to retire or to resign;
(b) dismiss from Police service or reduce to a lower rank any person subject to this Law, with the exception of a Gazetted Officer or reduce to the rank of a police constable any person who is not an Officer.
7. The Divisional or State Police Force Commander may-
(a). dismiss, cause to retire or to resign from Police service a police
constable subject to this Law and who is serving under his command;
(b) may reduce to a lower rank any person subject to this Law and who is serving under his command, with the exception of a warrant officer or reduce to the rank of a police constable.
8. Any person subject to this Law may be permitted to retire or resign from Police service by such authority and in such manner as may be prescribed.
9. A member of the Police Force who is dismissed, permitted to resign or retire from Police service shall be furnished by his Police Commander or his Police Battalion Commander with a certificate setting foth the following-
(a) the authority terminating the Police service;
(b) the cause of termination; and
(c) the period of his service in the Police Force.
Chapter IV
Arrest and .Custody
10. (a) A member of the Police Force who is charged with an offence may be arrested by a Police Officer of higher rank and placed under house arrest or jail custody;
(b) The Police Battalion Commander, the District Police Force Commander or Officer not below the rank of Police Major may pass an order for permission to place under house-arrest or jail custody a member of the Police Force under arrest, for more than 24 hours and up to 7 days;
(c) The Divisional or State Police Force Commander may pass an order for permission to place under house-arrest or jail custody a member of the Police Force under arrest, for more than 7 days and up to 30 days;
(d) The Police Director General may pass an order for permission to place under house-arrest or jail custody a member of the Police Force under arrest, for more than 30 days and up to 60 days.
(e) If a Police Court has been formed, the Presiding Officer of the Police Court may pass an order for continued detention of the accused until the finding arid sentence of the Police Court have been confirmed;
(f) If a member of the Police Force has committed any offence not under this Law but under other existing law, the remand for continued detention of the accused transferred to the Criminal Court for trial shall be obtained from the Criminal Court.
Chapter V
Offences
11. If a person subject to this Law Casts away his arms, ammunition; tools or equipment without sufficient reason or misbehaves in such manner as to show cowardice in the presence of the enemy he shall, on conviction by the Police Court be punished with imprisonment for a term which may extend to 3 years.
12. If a person subject to this Law performs or attempts to perform any work other than his duties, in a company, joint-venture or any private business in order to earn any salary, daily wage or part time fee, without the express permission in writing by the Police Director General, he shall, on conviction by the Police Court be punished with imprisonment for a term which may extend to 6 months or such less punishment as is mentioned in this Law.
13. If person subject to this Law-
(a) fails to take action in his official capacity or delays in taking action without sufficient reason, on a complaint made by the aggrieved person that there is infringement on security and regional peace and tranquility, causing damage and injury to another person or any violation of law by a person;
(b) willfully fails to arrest or gives information to enable the offender to abscond or assists in any manner, a convicted person or a person ordered to be arrested in accordance with law or a person who is to be arrested under the law: or
(c) seduces or threatens witnesses to make false statements shall, on conviction by the Police Court be punished with imprisonment for a term which may extend to 1 year or such less punishment as is mentioned in this Law.
14. If a person subject to this Law-
(a) absents himself without leave;
(b) without sufficient cause, overstays leave granted to him;
(c) being on leave of absence and having received information from proper authority that any Police Force or department to which he belongs has been ordered to return and report, fails to rejoin without sufficient cause or without delay;
(d) without sufficient cause fails to appear at the time fixed at the parade or place appointed for exercise or duty;
(e) without leave from his superior officer or without sufficient cause, absents himself from any school or place of instruction when duly ordered to attend the same;
(f) commits or attempts to commit police desertion;
(g) harbours knowingly a Police deserter;
(h) without having first obtained a regular discharge from the Police Force to which he belongs, enrolls himself in any Police Force:
(i) knowing or having reason to believe, that a person is a Police deserter, procures or attempts to procure the enrolment of such person in a Police Force;
(j) makes at the time of enrolment a willfully false answer to any question set forth in the prescribed form of enrolment which has been put to him by the enrolling officer before whom be appears for the purpose of being enrolled.
shall, on conviction by the Police Court be punished with imprisonment for a term which may extend to 1 years or such less punishment as is mentioned in this Law if it is an offence mentioned in sub-section (f) or with imprisonment for a term which may extend to 6 months or such less punishment as is mentioned in this Law, if it is an offence mentioned in another sub-section.
15. If a person subject to this Law-
(a) who, knowing or having reason to believe a person to be a superior officer uses criminal force to or assaults a superior officer or uses threatening language to him he shall, on Conviction by the Police Court if such officer is at the time in the execution of his office, be punished with imprisonment for a term which may extend to 3 years, or if such officer is at the time not in the execution of his office, be punished with imprisonment for a term which may extend to 1 year or such less punishment as is mentioned in this Law;
(b) uses at any time insubordinate language to his superior officer, he shall, on conviction by a Police Court be punished with imprisonment for a term which may extend to 6 months or such less punishment as is mentioned in this Law.
16. If a person subject to this Law-
(a) disobeys any lawful command given by his superior officer,
(b) neglects to obey any general, local or other order issued in writing; or
(c) resists or obstructs an escort whose duty it is to apprehend him or to have him in charge, he shall, on conviction by a Police Court be punished with imprisonment for a term which may extend to 1 year or such less punishments as is mentioned in this Law.
17. If a person subject to this Law:
(a) unnecessarily detains a person who should not be arrested under the law, in arrest or confinement or fails to bring his case before the proper authority for investigation; -
(b) takes in, brings in, allows to be taken in or brought in or causes to be taken in or brought in due to his negligence articles which are prohibited from being taken in or brought into the prison or police custody;
(c) causes or allows a prisoner or a person in custody to strike or otherwise ill-treat another person or knowing such act being done fails to prevent or take action;
(d) strikes or otherwise ill-treats any person subject to this Law, being his subordinate in rank or position;
(e) willfully or without reasonable excuse, allows to escape any person who is committed to his charge or whom it is his duty to keep or guard;
(f) being in lawful custody, escapes or attempts to escape;
(g) strikes or otherwise ill-treats any prisoner, any person in custody or any person detained; or
(h) demands or accepts cash or kind in a corrupt manner from any person he shall, on conviction by a Police Court be punished with imprisonment for a term which may extend to 3 years or such less punishment as is mentioned in this Law.
18. If a person subject to this Law-
(a) commits theft of any property belonging to the People’s Police Force or to any person subject to this Law;
(b) dishonestly misappropriates or converts to his own use any property, mentioned in sub-section (a);
(c) commits criminal breach of trust in respect’ of any property, mentioned in sub-section (a);
(d) dishonestly receives or retains any property in respect of which any of the offences under sub-sections (a), (b) and (c) has been committed knowing or having reason to believe the commission of such offence;
(e) willfully destroys, injures or causes loss through negligence any property mentioned in sub-section (a);
(f) dishonestly misappropriates, obliterates, destroys, injures or cause loss through
negligence any exhibit relating to the case seized after or before the passing of
sentence by any Court or at any time;
(g) does any other thing with intent to - defraud, or to cause wrongful gain to one person or wrongful loss to another person he shall, on Conviction by the Police Court be punished with imprisonment for a term which may extend to 3 years or such less punishment as is mentioned in this Law.
19. If a person subject to this Law-
(a) makes a false accusation against any person subject to this Law, knowing or having reason to believe such accusation to be false, or makes any statement or willfully suppresses material facts;
(b) knowingly makes or is privy to the making of, any false or fraudulent statement in any report, return, list, certificate, book or other document made or signed by him, or of the contents of which it is his duty to ascertain the accuracy;
(c) refuses or fails through culpable negligence to make or send any report or return which it is his duty to make or send:
(d) alters, substitutes, adds or omits material facts in statements of witnesses written so as to alter the merits of any proceedings or written proceedings
he shall, on conviction by the Police Court be punished with imprisonment for a term which may extend to 1 year if it is an offfence mentioned in sub-section (d) or with imprisonment for a term which may extend to 6 months or such less punishment as is mentioned in this Law’ if it is an offence under another sub-section.
20. If a person subject to this Law
(a) willfully or without sufficient cause, fails to attend as a witness before
a Police Court or a Criminal Court, when duly served with a summons or an order to so attend;
(b) commits contempt of a Police Court or a Criminal Court by using threatening or contemptuous language or by interfering or causing to interfere in the proceedings of such Police Court or Criminal Court
he shall, on conviction be punished with imprisonment for a term which may extend to 6 months or such less punishment as is mentioned in this Law.
21. If a person subject to this Law-
(a) is unable to perform his duty due to taking of liquor and is in a state of intoxication he shall, if he is an officer be punished with dismissal or such less punishment as is mentioned in this Law and if he is a Police Warrant Officer, Police Corporal and Police Constable be punished with imprisonment for a term which may extend to 6 months or such less punishment as is mentioned in this Law;
(b) is in such a state of intoxication as to bring discredit to the People’s Police Force due to taking of liquor he shall be punished with dismissal from the service or such less punishment as is mentioned in this Law.
Explanation - Liquor means liquids which can cause intoxication such as alcohol, beer, kazaw fermented preparation of rice and molasses, fermented toddy, fermented dhani and khaun-fermented brew of sticky rice and palm sugar.
22. Any person subject to this Law who is guilty of any act or omission which, although not specified in this Law is pre-judicial to good order and police discipline shall, on conviction by a Police Court be punished with imprisonment for a term which may extend to 1 year or such less punishment as is mentioned in this Law.
23. Any person subject to this Law who attempts to commit any one of the offences mentioned in section 11 to section 22 both inclusive and in such attempt does any act towards the commission of the offence shall, on conviction by a Police Court be punished with imprisonment for a term which may extend to one-half of the maximum term of imprisonment provided for that offence or such less punishment as is mentioned in this Law.
24. A person subject to this Law ‘who abets the commission of any of the offences mentioned in section 11 to section 22 both inclusive shall, on conviction by a Police Court, if the act abetted is committed in consequence of the abetment
~ss provisions is made by this Law for the punishment of such abetment, suffer the punishment provided for The original offence.
.on subject to this Law who abets the commission of any of the offences i section 11 to section 22 both inclusive shall, on conviction by a Police offence be not committed in consequence of the abetment, and no express made by this Law for the punishment of such abetment be punished with t for a term which may extend to one half of the maximum term of t provided for that offence or such less punishment as is mentioned in this
son subject to this Law who commits, at any place any offence under g law, with the exception of offences under this Law shall be transferred ii Court for trial.
Chapter VI
Summary Trial
Is in a summary manner if the offence is not serious enough to be tried Court, not trivial enough to be dismissed it may be tried summarily. The Police Director General may pass any of the following punishment after a summary trial in the prescribed manner on an officer below the rank of Police Lieutenant Colonel who has been charged with committing any offence contained in this Law: