Republic of the Union of Myanmar
State Administration Council
Second Amendment to the Myanmar Police Force Discipline Enforcement Law
State Administration Council Law No 16/2024
2nd Waxing of Tabodwe 1385 ME
11 February 2024
THE State Administration Council hereby enacts the following Law under Section 419 of the Constitution of the Republic of the Union of Myanmar: -
1. The Law shall be called the Second Amendment to the Myanmar Police Force Discipline Enforcement Law.
2. Section 3 of the Myanmar Police Force Discipline Enforcement Law shall be substituted as follows-
“3. The expressions in this Law shall have the meanings stated in the Panel Code. Moreover, the following expressions shall have the meanings given hereunder-
(a) Ministry means the Ministry of Home Affairs;
(b) Minister means the Union Minister for Home Affairs;
(c) Chief of Police Force means the Chief of Myanmar Police Force;
(d) Police Force means Myanmar Police Force. This expression contains the Headquarters, units and training depots.
(e) Structure of the Police Force means the structure of the Myanmar Police Force approved by the Cabinet under the provisions of this Law in consultation with the Commander-in-Chief of the Defence Services;
(f) Force(s) means the Border Guard Police Forces, the Security Police Units, the Nay Pyi Taw Police Force, the State and Region Police Forces, and the Myanmar Police Force Special Departments/ Branches formed to carry out specific tasks. The term also refers to sub-units under the control of these forces, such as the District Police Forces and the Township Police Forces;
(g) Gazetted Officer means an officer at the rank of Police Captain and above;
(h) Officer means a person at the rank at Police Sub-Inspector and above;
(i) Superior Officer, when used in respect of a person who is subject to this Law, includes police officers and also Police Warrant Officers and Police Corporals;
(j) Police Corporal means a person who is currently holding the rank of a Police Corporal in the Myanmar Police Force;
(k) Member of the Police Force means persons who have been appointed as members of the Police Force in the Myanmar police Force;
(l) Police Deserter means a member of the Police Force who, with the intention of leaving the Myanmar Police Force permanently, is absent without leave or who is absent without leave for 21 days or more;”
3. The word “Officer” contained in Sub-sections (a), (b) and (c) of Section 4 of the Myanmar Police Force Discipline Enforcement Law, Sub-sections (a) and (b) of Section 5, Sub-section (b) of Section 6, Sub-section (j) of Section 14, Sub-section (a) of Section 29, Section 31, Section 40 and Sub-section (b) of Section 54 shall be substituted with the expression “Police Officer” respectively.
4. The word “Police Commanding Officer” contained in sub-section (a) of Section 5 of Myanmar Police Force Discipline Enforcement Law, the introductory part of Section 9, Section 36 and sub-sections (a) and (b) of Section 45 shall be substituted with the expression “Sub-unit Commander”.
5. The word “Divisional or State Police Force Commander” contained in the introduction of Section 7, Sub-section (c) of Section 10 and Sub-section (a) of Section 29 shall be substituted with the expression “ the rank of Police Colonel and above Head of Unit or Commander or Commandants of Police Unit or Police Training Depots”.
6. The Sub-section (b) of Section 7 shall be substituted as follows: - “(b) may reduce to a lower rank any person subject to this Law and serving under his command, except for an officer, or a warrant officer, or reduce to the rank of a police constable.
7. The Sub-section (b) of Section 10 shall be substituted as follows: - (b) Sub-unit Commander, District Police Force Commander, Commander of Police Forces at Self-Administered Division or Self-Administered Zones, Deputy Commandant, Head of Branch 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 seven days”.
8. The word “Criminal Court” contained in Sub-section (f) of Section 10, Sub-sections (a) and (b) of Section 20, Section 26, Section 38 and Section 47 shall be substituted with the expression “Court”, and the word “magistrate” mentioned in Sub-section (c ) of Section 45 and Sub-section (b) of Section 49 shall be substituted with “criminal justice”; the expression “the Code of Criminal Procedure” stated in Sub-section (b) of Section 49, and Section 50 shall be substituted with “Criminal Procedure Code”, and the word “the Code of Criminal Procedure” in Section 50 shall be substituted with the expression “the Penal Code”.
9. The expression “criminal force” mentioned in Sub-section (a) of Section 15 shall be substituted with “offensive force”, and the word” criminal breach of trust” mentioned in sub-section (c) of Section 18 shall be substituted with “offensive breach of trust”.
10. Section 21 of Myanmar Police Force Discipline Enforcement Law shall be substituted as follows:- “21. If a person subject to this Law: -
(a) is unable to perform his duty due to taking liquor and is in a state of intoxication, he shall, if he is a police 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 six 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 Police Force due to taking liquor, he shall be punished with dismissal from the service or such lesser punishment as is mentioned in this Law. Explanation - Liquor means liquids which can cause intoxication, such as alcohol, beer, brew fermented preparation of rice and molasses, toddy sap, Nipa sap and ethnic traditional brews.
11. Section 28 of the Myanmar Police Force Discipline Enforcement Law shall be substituted as follows: -
“28. (a) Chief of Myanmar Police Force 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: -
(i) reduction of salary within the scale of salary;
(ii) stoppage of promotion;
(iii) stoppage of increment;
(iv) severe reprimand;
(v) causing compensation to be made from salary.
(b) Police Colonel and above Head of Police Corps or Commander or Commandants of Police Unit or Police Training Depots may pass any of the following punishments after a summary trial in the prescribed manner on a IP or SIP who has been charged with committing any offence contained in this Law: -
(i) reduction of salary within the scale of salary;
(ii) stoppage of promotion;
(iii) stoppage of increment;
(iv) severe reprimand;
(v) causing compensation to be made from salary
(c) Police Colonel and above Head of Police Corps or Commander or Commandants of Police Unit or Police Training Depots”: - may pass any of the following punishments after a summary trial in the prescribed manner on a Police Warrant Officer, Police Corporal and Police Constable who has been charged with committing any offence contained in this Law: -
(i) imprisonment in police custody for up to three months;
(ii) dismissal from service;
(iii) termination of service;
(iv) in the case of Police Warrant Officers and Police Corporals, reduction in rank;
(v) reduction of salary within the scale of salary;
(vi) stoppage of promotion;
(vii) stoppage of increment;
(viii) severe reprimand in the case of Police Warrant Officers and Police Corporals; (ix) causing compensation to be made from salary
12. The following expression Section 28 (a) shall be added after the provision of Section 28: -
“28-a- Police Officer not below the Police Brigadier General assigned by Chief of Myanmar Police Force may exercise the power of Police Colonel and above Head of Police Corps or Commander or Commandants of Police Unit or Police Training Depots”.
13. Section 33 of Myanmar Police Force Discipline Enforcement Law shall be substituted as follows: -
“33. The Police Court shall have the power to try a person subject to this Law for any offence punishable under this Law and to award, subject to the provisions of Section 34, one or more of the following punishments:-
(a) imprisonment as per this Law
(b) dismissal from service
(c) termination of service
(d) reduction in rank
(e) stoppage of promotion
(f) reduction of police service for pension
(g) fine
14. Section 34 of Myanmar Police Force Discipline Enforcement Law shall be substituted as follows: -
“34. The Police Court –
(a) If the punishment mentioned in Sub-section (a) of Section 33 is awarded, the punishment contained in Sub-section (b) shall also be awarded;
(b) If any punishment mentioned in Sub-sections (a) and (b) of Section 33 is awarded, it shall not be awarded in combination with any punishment contained in Sub-sections (c), (d), (e) and (f).
(c) If any punishment mentioned in Sub-section (c) of Section 33 is awarded, it shall not be awarded in combination with any punishment contained in Sub-sections (d), (e) and (f).
(d) Punishment contained in Sub-section (d) of Section 33 shall not be awarded to a person of the rank of Police Constable.
15. Section 57 of the Myanmar Police Force Discipline Enforcement Law shall be substituted as follows: -
“57. To carry out the provisions of this Law-
(a) the Ministry may issue rules and regulations as may be necessary, with the approval of the Government;
(b) the Ministry and Headquarters of the Myanmar Police Force may issue notifications, orders, directives and procedures”.
I hereby sign under Section 419 of the Constitution of the Republic of the Union of Myanmar.
Sd/
Min Aung Hlaing
Senior General
Chairman
State Administration Council
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