It is difficult to let the students understand that a lower rank police personal is not bound by all orders of his superior. sec 76 does not provide any defence for an illegal order, bcz a police man is not bound by order of his boss but bound by law.
The Police Act, 1861 section 23 also makes it clear-
23. Duties of police-officers:- It shall be the duty of every police-officer promptly, to
obey and execute all orders and warrants lawfully issued to him by any competent authority; to
collect and communicate intelligence affecting the public peace; to prevent the commission of
offences and public nuisances; to detect and bring offences to justice and to apprehend all
persons whom he is legally authorised to apprehend, and for whose apprehension sufficient ground
exists; and it shall be lawful for every police-officer, for any of the purposes mentioned in this
section, without a warrant to enter and inspect, any drinking-shop, gaming-house or other place of
resort of loose and disorderly characters.
The Police Act, 1861 section 23 also makes it clear-
23. Duties of police-officers:- It shall be the duty of every police-officer promptly, to
obey and execute all orders and warrants lawfully issued to him by any competent authority; to
collect and communicate intelligence affecting the public peace; to prevent the commission of
offences and public nuisances; to detect and bring offences to justice and to apprehend all
persons whom he is legally authorised to apprehend, and for whose apprehension sufficient ground
exists; and it shall be lawful for every police-officer, for any of the purposes mentioned in this
section, without a warrant to enter and inspect, any drinking-shop, gaming-house or other place of
resort of loose and disorderly characters.
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