The Sashastra Seema Bal Act, 2007.

REGISTERED NO DLMZO9307

भारत का राजपत्र The Gazette ofIndia

असाधारण

EXTRAORDINARY

भाग - कष्फ 1

PART - Section 1

प्रणिकार से प्रकाशित

PUBLISHED BY AUTHORITY

नई दिल्ली, बृहस्पतिव्ार, दिसम्बर 20, 2007 / अग्रहायण 29, 1929

NEWDELHI, THURSDAY, DECEMBER 20, 2007 / AGRAHAYANA,29, 1929

63] No. 63]

इस भाग में चिन्न पृष्ठ संख्क दी जाती है जिससे कि यह अलग संकलन को रूप में रखा जा सके ।

Separate paging is given to this Part in order that it may be filed as a seperate compiladen.

MINISTRY OF LAW AND JUSTICE

(LegislativeDepartment)

New Delhi, the 20th December, 2007/Agrahayana 29, 1929 (Saka)

The following Act of Parliament received the assent of the President on the 20thDecember, 2007, and is hereby published for general information:-

THE SASHASTRA SEEMA BAL ACT, 2007

No. 53 of 2007

[20th December, 2007. ]

AnActto provide for the constitution and regulation ofan armed force ofthe Union for ensuring the security of the borders of India and for matters connected therewith.

Bs it enactedbyParliament in the Fifty-eighth Year ofthe Republic ofIndia as follows:-

CHAPTER 1 PRELIMINARY

Short title and 1. (1) ThisAct may be called the Sashastra Seema Bal Act, 2007.

(2) It shall come into force on such date as the Central Goversment may, by notification, intheOfficial Gazette, appoint.

Definitions.

2.(1 ) In this Act, unless the context otherwise requieres,-

(cr) "active duty", in relation to a person subject to this Act, means any dutyas amomber of the Force during the period in which such person is attached to, orforme part of, a unit ofthe Force- 2

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[PART

(1) which is engaged in operations against any enemy, or

(if)which is operating at a picket or engaged on patrol or other guardduty along the borders of India, and includes duty by such person during any period declared by the Central Government by order as a period of active duty with reference to any area in which any person or class of pepons subject to this Act maybe serving;

(b) "battalion" means a unit ofthe Force constituted as a battalion by the Central Government;

(c)"civil offence" means an offence which is triable by a criminal court,

9 of1894.

(d) "civil prison" means any jail or place used for the detention of any criminal prisoner under thePrisons Act, 1894, or under any other law for the time being in force;

(e) " commanding officer " means a Commandant or any officer forthe timebeing in command of the unit or any separate portion of the Force to which such person belongs or is attached to and discharging his functions under this Act of the rules made thereunder,

2 of1974.

(1) "criminal court " means a court of ordinary criminal justice in any part of India constituted under the Code of Criminal Procedure, 1973 ;

(g) "Deputy Inspector-General " and "Additional Deputy Inspector -General " mean respectively a Deputy Inspector-General and an Additional Deputy Inspector- General of the Force appointed under section 5;

(4) "Director-General " and "Additional Director -General mean respectively the Director-General and an Additional Director-General of the Force appointed under section5;

(1)" enemy" includes ail mutineers, armed rebels , armed rigters , pirates, terrorists and any person in arms against whom it is the duty ofany person subject to this Act totake action;

( "enrolled person" means an under-officer or other person enrolled under this

Act;

(4) "Force" means the Sashastra Seema Bal;

(1)"Force Court " means a Court referred to in section 76;

(m) " Force custody" means the arrest or confinement of a member of the Force under section 69;

(a)" Inspector-General " means the Inspector-General of the Force appointed under section 5;

(0) " JudgeAttorney-General " , "Additional Judge Attorney-General ","Deputy JudgeAttorney-General " and " Judge Attorney" mean respectively theJudgeAttorney- General, anAdditional JudgeAttorney-General, a Deputy Judge Attomey-General and aJudgeAttorney of the Force appointed under sub-section (2) of section 95;

(p) "member of the Force" means an officer, a subordinate officer, an under- officer or other enrolled person;

(9) " notification " means a notification published in the OfficialGazette;

(2) " offence" means any act or omission punishable under this Act and includes acivil offence;

(3) "officer" means a person appointed or in pay ais an officer of the Force,but does not include a subordinate officer or an under-officer;

(1) "prescribed" means prescribed by rules made under this Act;

(4) " rule" means a rule made under thisAct;

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Sec. 1]

(v) "subordinate officer " means a person appointed or in pay as a SubedarMajor or Inspector or Sub- Inspector and Assistant Sub- Inspector of the Force;

(w) "superior officer" , when used in relation to a person subject to this Act, means-

(1) anymember ofthe Force towhose command such person is for the time being subject in accordance with the rules;

(ii) any officer ofa higher nunk or class or of a higher grade in the same 'class, and includes , when such person is not an officer, a subordinate officer or an inder-officer of higher rank, class or grade,

(x) "under-officer" means a Head Constable ofthe Force;

(v) "unit" includes

(1)any bodyofofficers and other members ofthe Force for which a separate authorised establishment exists;

(ii) any separate body of persons subject to this Act employed on any service and not attached to a unit as aforesaid;

(i ) any other separate body of persons composed wholly or partly of persons subjectto this Act and specified as a unit by the Central Govemment.

45 of 1460.

46 of 1950.

(2) All words and expressions used and not defined in this Act but defined in the Indian Penal Code, theArmy Act, 1950 or the National Security GuardAct, 1986, shall have the same meanings respectively assigned to them in that Code or thoseActs.

47 of 1986.

(3) In thisAct, references to any law not in force in the State of Jammu and Kashmir shallbe construed as references to the corresponding law in force in that State,

Porsons subject to this Act. 3.(1)The following persons appointed (whether on deputation or in any other meaner) in the Force shall be subject to this Act, wherever they maybe, namely:-

(a) officers and subordinme officers; and

(8) under-officers and other persons enrolled under thisAct.

(2)Every person subject to this Act shall remain so subject until repatriated, retired, released, discharged, removed or dismissed from the Force in accordance with the provisions of this Act and the rules.

CHAPTER II

CONSTITUTION OF THE FORCE AND CONDITIONS OF SERVICE OF THE MEMBERS OF THE FORCE

Constitution of the Force.

4. (1) There shall be an armed force of the Union called the Sashastra Secma Bal for ensuring the security ofthe borders of India and performing such other duties as may be entrusted to it by the Central Government.

(2)Subject to the provisions ofthis Act, the Force shallbe constituted in such manner as maybe prescribed and the conditions ofservice of the members ofthe Force shall besuch as may be prescribed.

Control , direc- tion, etc. 5. ( 1) The general superintendence, direction and control of the Force shall vest in, and be exercisedby, the Central Government and subject thereto and to the provisions of thisAct and the rules made in this behalf, the command and supervision ofthe Force shall vest in an officer to be appointed by the Central Government us the Director-General ofthe Force.

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(2) TheDirector-General shall , in the discharge ofhis duties under this Act, be assisted bysuch number ofAdditional Directors -General, Inspectors-General, Deputy Inspectors- General, Additional Deputy Inspectors -General , Commandants and other officers, as may be appointed by the Central Government

Enrolmin1 .

6. The persons to be enrolled to the Force, the mode ofenrolment and the procedure for enrolment shall be such as maybe prescribed.

7. Every member ofthe Force shall be liable to serve in any part of India as well as outside India.

Liability for acrvice outside India.

8. No member ofthe Force shall be at liberty,-

Resipartion and withdrawal from the post.

(a) to resign his appointment during the term of his engagement; or

(8 ) to withdraw himself from all or any of the duties of his appointment, except with the previous permission in writing of the prescribed authority.

9.Everypersen subject to this Act shall bold office during the pleasure of the President.

Tenure : ام fervice under The Act.

10. Subject to the provisions of this Act and the rules, the Central Govemment may dismiss or remove from the service any person subject to this Act,

Termination of service by Central Government.

11. (1)TheDirector- General , or any Aliditional Director-General or Inspector-General maydismiss or remove from the service or reduce to a lower grade drirank any person subject to this Act ether than an officer.

Dismissal, nendoval or reduction in rank by the Director Genand andby meers

(2)An officer not below the rank of Deputy Inspector-General or any prescribed officer maydismiss or remove from the service any person under his command other thun in officer or a subordinate officer of such runk as may be prescribed.

(3)Anysuch officer as is mentioned in sub- section (2) may reduce to a lower grade or rank any person under his command except an officer or a suborditate officer,

(4) The exercised ofany power under this section shall be subject to the provisions of this Act and the rules.

Certificate of termination of service.

12.A subordinate officer, or an under-officer or other enrolled person who is retired, discharged , released, removed or dismissed from the service shall be furnished by the officer, towhose command he is subject, with a certificate in Hindi or English language. setting forth

(2) the authorityterminating his service;

(b)the cause for such termination ; and

13.(1) No person subject to this Act shall , without the previous sanction in writing of theCentral Government or of the prescribed authority,-

Restrictions respecting rightto feum ssociation, freedomof seoch , etc.

(a) be a member of, or be associated in anyway with, any trade union, labour union , political association, er with any class oftrade unions, bour unionsior political associations; or

(6) be a member of, or be associated in any way with, nay society, institution, association or organisation which is not recognised as part of the Force of is not ofa purelysocial , recreational or religious nature; or 5

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Sac. 1 ]

(c) communicate with the press or publish or cause to be published anybook, letter or other document except where such communication or publication is in the bonafidedischarge ofhis duties or is ofa purely literary, artistic or scientific character or is ofa prescribed nature.

Explanation.If any question arises as to whether any society, institution, associa tion or organisation is ofa purely social , recreational or religious nature under clause (8 ) of this sub-section, the decision of the Central Government thereon shall be final.

(2) No person subject to this Act shall participate in, or address , any meeting or take part inanydemonstration organised by any body ofpersons for any political purposes or for such other purposes as may be prescribed.

14. (1) Any person subject to this Act other than an officer who deems himself wrongedby any superior or other officer may complain to the officer under whose command heis serving.

Redesasal of grievances of perspes ether than offloors.

(2)Whenthe officer complained against is the officer to whom any complaint should , under sub-section (1 ), be preferred, the aggrieved person may complain to such officer's next superiorofficer.

(3) Everyofficer receiving any such complaint shall make as complete an investigation into it asmaybe possible for giving full redress to the complainant, or when necessary , refer the complaint tor'a superior authority.

(4)The Director-General may revise any decision made under any of the foregoing sub-sections, but, subject thereto, such decision shall be final .

Redressal of grievances of efficers.

15.Any officerwho deenus himselfwronged by his commanding officer or any other superior officer and who, on due application made to his commanding officer or such other superior officer, does not receive the redress to which he considers bimeelf entitled, may complaintotheDirector-General or the Central Goveminent through proper channel .

CHAPTER III

OFFENCES

16. Any person subject to this Act who commits any of the following offences, nemely

Offimcos in polation to punishable with fosth.

(a) shamefully abandons or delivers up any post, place or guard, committed to his charge or which it is his duty to defend; or

(5) intentionally uses any means to compel or induce any person subject to this Act or to any other law relating to military, naval, air force or any other armed forceof theUnion to abetain from acting against the enemy or to discourage such person from. acting against the enemy, or

(c) in the presence ofthe eneiny, shamefully casts away his armas , ammunition, tools or equipment or misbelarves in such manner as to show cowardice; or

(d) treacherously holds correspondence with , or communicates intelligence to, the enemy, terrorist or any person in arnus against the Union; οε

(e) directly or indirectly assists the enemy or terrorist with money, arms, ammunition, stores or supplies or in any other master whatsoever, or

( in time ofactive operation against the enormy or terrorist, intentionallyoccasions afalse alarm in action, camp , quarters , or spreads or causes to be sprend reporta calculatedto create alarm or despondency, or

(g) in time ofaction leaves his contasanding officer or other superior office or his post, guard, picket, patrol or party without being regularly rellevad or without leave; or 6

PART II-

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(A) having been captured by the enemy or made a prisoner ofwar, voluntarily serves with or aids the enemy; or

(1) knowingly harbours or protects an enemy, not being a prisoner, or

(1)being a sentry in time of active operation against the saemy or alarm , sleeps uponhispost or is intoxicated; or

(k) knowinglydoes any act calculated to imperil the success of the Force or the military, naval or air force of India or any forces co- operating therewith or say part of such forces,

shall, on conviction by a Force Court, be liable to suffer death or such less punishment as is in this Act mentioned.

17. Any person subject to this Act who commits any of the following offences, namely:-

Offiinces in relacion to the enemy and col pomishablewith death.

(a) is taken prisoner or captured by the enemy, by want of due precaution or through disobedience of order, or wilful neglect of duty, or having bean taken prisoner or so captured fails to rejoin his service when able to do so; or

(6) without due authority holds correspondence with, or communicates intelligence to, the enemy or any person in league with the enormy or having comeby the knowledge of any such correspondence or communication , wilfully omits to disclose it immediately to his commandent or other superior officer,

shall, on conviction by a Force Court, be liable to suffer imprisonment for a term whichmay extend to fourteen years or such less punishment as is in this Act mentioned.

18. Any person subject to this Act who commits any of the following offences, namely:-

(a) forces a safeguard, or forces or uses criminal force to a sentry, or

Offinces punishable mors severaly on active duty than at other 1imes.

(8) breaks into any house or other place in search ofplunder, or

(d) without orders from his superior officer leaves his guard , picket, patrol or post; or

(e) intentionallyor through neglect occasions a false alsans in camp or quarters, or spreads or causes to be spread reports calculated to create annecessary alarm or despondency; or

(1)makes known the parole, watchword or countersign to any person not entitled to receive it, or knowingly gives a parole, watchword or a countersiga different from whathe received,

shall , on conviction by a Force Court,-

(1) ifhe commits any such offence when on active duty, be liable to suffer imprisonment for a term which may extend to fourteen years of such less punishment as is in this Act mentioned ; and

(if) ifhe commits any such offencewhen not an active duty, be liable to suffer imprisonment for a term which may extend to seven years or sach less punishment is in this Act mentioned.

Muiny.

19.Any person subject to this.Act who commits any ofthe following offences, samoly:-

(a) begins, incites, causes or conspires with any other person to cause any mutiry in the Force or in the military, sevel of air force of Dalis or any forces co- operating therewith; or Sec. 1 ]

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(5)joins in any such matiny, or

(a) knowing or having reason to believe in the existence of any such mutiny, or of any intention to meniny or of any such conspiracy, does not, without deley, give information thereof to his commanding officer or other superior officer, or

(e) endeavoursto seduce asty person inthe Force or in the military, naval or air force ofIndia er any forces co-operating therewith from his duty or allegiance to theUnion, shall, on conviction by a Force Court, be liable to suffer death or such less punishment es is inthis Act mentioned..

20.(7) Any person subject to this Act who deserts or attempts to desert the service shall , on conviction by a Force Court,-

Desertion and aiding desertion.

(a) ifhe commits the offencewhen on active duty or when under orders for active duty, be liable to suffer death or such less punishment as is in this Act mentioned; and

(6) ifhe commits the offence, under any other circonstances , be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned .

(2)Any person subject to this Act whe knowingly harbours any such deserter shall, on conviction by a Force Court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.

(3)Anyperson subject to this Act who, being cognizant ofany desertion or attempt at desertion ofa person subject to this Act, does not forthwith give notice to his own or some other superior officer, or take any steps in his power to cause such person to be apprehended, shall, on conviction by a Force Court, be liable to suffer imprisonment for atermwhichmay extend to two years or auch less punishment as is in this Act mentioned.

(4) For the purposes ofthis Act, & perion deserts,-

(a) ifhe absents from his unit or the place of duty at any time with the intention ofnot reporting back to such unit or place, or who, at any time and under any circumstances when absent from his unit or place ofduty, does any act which shows that he has an intention ofnot reporting to such unit or place ofduty;

(b) ifhe absentshimselfwithout leave with intent to avoid any active duty.

Absence with- out leave.

21. Any person subject to this Act who commits any of the following offences, namely:-

(a) absents himselfwithout leave; or

(b) without sufficient cause overstays leave granted to him; or

(c) being on leave of absence and having received information from the appropriate authority that any battalion or part thereof or any other unit of the Force, towhich he belongs, has been ordered on active duty, fails, without sufficient cause, to rejoin without delay, or

(d) without sufficient cause fails to appear at the time fixed at the parade or place appointed for exercise or duty; or

(e) when on parade, or on the line ofmarch, without sufficient cause or without leave from his superior officer, quits the parade or line ofmurch; or

(1)when in camp or elsewhere, is found beyond any limits fixed or in anyplace prohibited, by any general , local or other order, without a pass orwritten leave from his superior officer; or

(g) without leave from his superior officer or without due cause, absents himself from any school or training institution when duly ordered to attend there, shall, on conviction by a Force Court, be liable to suffer imprisonment for a term which may extend to three years or such lees punishment as is in this Act mentioned .

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22. Any person subject to this Act who commits any of the following offences, namely:-

Striking or threatening superior. officer.

(a) uses criminal force to or assaults his superior officer; or

(b) uses threatening language to such officer, or

shall , on conviction by a Force Court,

(1) ifsuchofficer is at the time in the execution ofhis office or, if the offence is committed on active duty, be liable to suffer imprisonment for a termwhich may extend to fourteen years or such less punishment as is in this Act mentioned; and

(1) in other cases, be liable to suffer imprisonment for a term which may extend toten years or such less punishment an is in this Act mentioned:

Provided that in the case ofan offence specified in clause (c) , the imprisonment shall not exceed five years.

Disobedience 10 superior: officer.

23. ( 1) Any person subject to this Act who disobeys in such manner as to show a wilful defiance of authority any lawful command given personally by his superior officer in the execution of his office whether the same is given orally, or in vimiting or by signal or otherwise, shall, on conviction by a Force Court, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned.

(2)Any person subject to this Act who disobeys any lawful coanand given by his superior officer shall , on conviction by a Force Court ,-

(a) if he commits such offence when on active duty, be liable to suffer imprisonment for a term which may extend to fourteen years or such less purishment as is in this Act mentioned ; and

(b) if he commits such offence when not on active duty, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in thisAct mentioned.

24. Any person subject to this Act who commits any ofthe following offences, namely:-

Erisubordina-: Lion and obstruction,

(a) being concerned in any quarrel , affray or disorder, refuses to obey any. officer, though of inferior rank, who orders him into arrest, or uses criminal force to, or assaults , any such officer; or

(5) uses criminal force to, or assaults any person, whether subject to this Act or not, inwhose custodyhe is lawfully placed, and whether he is or is notthis superior officer, or

(a) breaks out ofbarracks, camp or quarters; or

(e) neglects to obey any general, local or other order; or

impedes the Force Police referred to in section 75 of hery person lawfully acting on his behalf, or when called upon, refuses to assist in the execution ofhis duty aForce Police or any person lawfully acting on his behalf,

shall , on conviction by a Force Court, be liable to suffer imprisonment for a term which may extend, in the case ofthe offences specified in clauses (d) or (e), to buro years, and inthe caseofthe offences specified in the other clouses, to ten years, or in either cass such less punishment as is in this Act mentioned.

False informa tion on enrol

25.Any person kaving beconte subject to this Act who in discovered to have knowingly given at the time ofenrolment fisse information to any question set forth in the prescribed form ofenrolment which has been put to him by the enrolling officer before whom he appeys forthe purpose ofbeing enrolled, skall, on conviction by a Force Cont, be liable to suffer imprisonment for a tarım which nuty extend to five years or such less penishment as in in this Act mentioned.

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SEC. 1]

26. Any officer or subordinate officer who behaves in a manner unbecoming of his Unbocoming conduct .

position and the character expected ofhim shall , on conviction by a Force Court, be liableto bedismissed or to suffer such less punishment as is in this Act mentioned.

27. Any person subject to this Act who commits any of the following offences, namely:-

Certain forms of disgraceful conduct.

(a) is guilty ofany disgraceful conduct ofa cruel, indecent or unnatural kind ; or

(8) maligns, or feigns , or produces disease or infirmity in himself or intentionally delays his cure or aggravates his disease or infirmity; or

(c)with intent to render himselfor any other person unfit for service, voluntarily causes hurt to himself or that person ,

shall , on conviction by a Force Court , be liable to suffer imprisonment for a term which may

extend to seven years or such less punishment as is in this Act mentioned.

Ill -treating a sabordinate .

28. Any officer, subordinate officer or under-officer , who uses criminal force to or otherwise ill-treats any person subject to this Act, being his subordinate in rank or position, shall , on conviction by a Force Court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.

Intoxication .

29. (1) Any person subject to this Act who is found in a state of intoxication, whether on duty or not, shall, on conviction by a Froce Court, be liable to suffer imprisonment for a term which may extend to six months or such less punishment as is in this Act mentioned.

(2) For the purposes ofsub -section ( 1 ), a person shall be deemed to be in a state of intoxication if, owing to the influence ofalcohol or any drug whether alone, or any combination withany other substance, he is unfit to be entrusted with his duty or with any duty which he maybe called upon to perform or, behaves in a disorderly manner or in a manner likely to bring discredittothe Force.

30. Any person subject to this Act who commits any of the following offences, namely:-

Permining cacape of pessor in custody.

(a) when in command of a guard , picket, patrol , detachment or post, releases without proper authority, whether wilfully or without reasonable excuse , any ретвоn committedtohis charge , or refuse to receive anyany prisoner or person so committed; or

(8) wilfully or without reasonable excuse allow to escape any person who is committed to his charge, or whom it is his duty to keep or guard,

shall, on conviction by a Force Court, be liable, ifhe has acted wilfully, to suffer imprisonment for atermwhich may extend to ten years or such less punishment as is in this Act mentioned, and ifhe has not acted wilfully, to suffer imprisonment for a term which may extend to two years or such less punislunent as is in this Act mentioned.

31. Any person subject to this Act who commits any of the following offences, namely:-

connection with arrest oт Irregularity in caufinement (a) unnecessarilydetains a person in arrest or confinement without bringing him to trial, or fails to bring his case before the proper authority for investigation; or

(8) having committed a person to Force custody fails without reasonable cause to deliver at the time of such committal , or as soon as practicable, and in any case within forty-eight hours thereafter, to the officer or other person into whose custody thepersonarrested is commited, an account in writing signed by himself ofthe offence with which the person so committed is charged,

shall, on conviction by a Force Court, be liable to suffer imprisonntent for a termwhich may extend to one year or such less punishment as is in this Act mentioned.

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Escape from custody.

32. Any person subject to this Act, who , being in lawful custody, escapesjor attempts to escape, shall , on conviction by a Force Court, be liable to suffer- imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned.

33. Any person subject to this Act who commits any of the following offences, namely:-

Offences in raspect of property .

: (a) commits theft of any property belonging to the Government, or to any Force mess, band or institution , or to any person subject to this Act; or :

(6 ) dishonestly misappropriates or converts to his own use any such property, or

(d) dishonestly receives or retains any such property in respect ofwhich any of the offences under clauses (a) , (b ) and ( c) has been committed , knowing or having reasons tobelieve the commission of such offences; or

ог : (e)wilfully destroys or injures any property ofthe Government entrusted to him;

(7) does any other thing with intent to defraud , or to cause wrongful gain to one person or wrongful loss to another person ,

shall , on conviction by a Force Court, be liable to suffer imprisonment for a term whichmay extend to ten years or such less punishment as is in this Act mentioned.

ExtortiorCand емасиол

34. Any person subject to this Act who commits any of the following offences, namely:-

(a) commits extortion; or

(b) without proper authority exacts from any person money, provisions or service,

shall , on conviction by a Force Court, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned.

35. Any person subject to this Act who commits any of the following offences, namely:-

Making away with equipment

(a) makes awaywith , or is concerned in making away with, any arms, ammunition, equipment, instruments, tools, clothing or any other thing being the property ofthe Government issued to him for his use or entrusted to him; or

(b) loses by neglect anything mentioned in clause (a) ; or

shall, on conviction by a Force Court, be liable to suffer imprisonment for a term which may extend, in the case of the offences specified in clause (a), to ten years , and in the case of the offences, specified in the other clauses , to five years, or in either case such less punishment as is in this Act mentioned.

[njury 10 property, eic.

36. Any person subject to this Act who commits any of the following offences, namely:-

(a) destroys or injures any property mentioned in clause (a) of section 35 , or any

property belonging to any Force mess , band or institution, or to any person subject to thisAct; or

(b) commits any act which causes damage to, or destruction of, any property of theGovernment by fire; or

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SEC.1]

shall,on conviction by a Force Court, be liable, ifhe has acted wilfully, to suffer imprisonment for aterm which may extend to ten years or such less punishment as is in this Act mentioned; and ifhe has acted without reasonable excuse, to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned.

False accuse- tions .

37. Any person subject to this Act who commits any of the following offences , namely:-

(a) makes a false accusation against any person subject to this Act, knowing or having reason to believe such accusation to be false; or

(b) in making a complaint against any person subject to this Act makes any statement affecting the character of such person , knowing or having reason to believe such statement tobe false, or knowingly and wilfully suppresses any material facts,

shall, on conviction by a Force Court, be liable to suffer imprisonment for a term whichmay extend to three years or such less punishment as is in this Act mentioned.

38. Any person subject to this Act who commits any of the following offences , namely:-

Falsifying officin ) documents and false declarations.

(a) in any report, return , list, certificate, book or other document made or signed byhim, or ofthe contents ofwhich it is his duty to ascertain the accuracy, knowingly makes, or is privy to the making of, any false or fraudulent statement; or

(d) in anydocument of the description mentioned in clause ( a) knowinglymakes, or is privyto the making of, any omission, with intent to defraud ; or

(c) knowingly and with intent to injure any person , or knowingly andwith intent to defraud, suppresses, defaces, alters or makes away with any document which it is his duty to preserve or produce; or

(d) where it is his official duty to make a declaration respecting any matter knowinglymakes a false declaration; or

(e) obtains for himself, or for any other person, any pension, allowance or other advantage or privilege by a statement which is false, and which he either knows or believes tobe false or does not believe to be true, or by making or using a false entry in any book or record, or by making any document containing a false statement, orby omitting tomake a true entry or document containing a true statement,

shall, on conviction by a Force Court, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned.

39. Any person subject to this Act who commits any of the following offences, namely:-

Siguing in blank and failureto report.

(a) when signing any document relating to pay, anns , ammunitions, equipment, clothing, supplies or stores, or any property of the Government fraudulently leaves in blank any material part for which his signature is a voucher; or

(b) refuses orby culpable neglect omits to make or send a report or return which it is his duty to make or send,

shall, on conviction by a Force Court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned.

40. Any person subject to this Act who commits any of the following offences, namely:-

Offences relating to Force Court.

(a) being duty summoned or ordered to attend as a witness before a Force Court, wilfully orwithout reasonable excuse, makes default in attending; or

(b) refuses to take an oath or make an affirmation legally required by a Force Court to be taken or made; or 12

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[PART II-

(c) refuses to produce or deliver any document in his power or control legally required by a Force Court to be produced or delivered by him; or

(d) refuses, when a witness , to answer any question which he is by law bound to answer; and

(e) isguilty of contempt of the Force Court by using insulting or threatening language, or by causing any interruption or disturbance in the proceedings of such court,

shall , on conviction by a Force Court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned.

Følseevidence.

41. Any person subject to this Act who , having been duly sworn or affirmed before any ForceCourt or other court competent under this Act to administer an oath or affirmation, makes any statement which is false , and which he either knows or believes to be false or does notbelieve to be true, shall , on conviction by a Force Court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.

Unlawful détention of pay.

42. Any officer, subordinate officer or an under-officer who , having received the pay ofa person subject to this Act unlawfully detains or refuses to pay the same when due , shall , on convictionbya Force Court, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned .

Violation. of stod order and discipline

43. Any person subject to this Act who is guilty of any act or omission which, though not specified in this Act, is prejudicial to good order and discipline of the Force shall, on convictionbya Force Court, be liable to suffer imprisonment for a term which may extendto seven years or such less punishment as is in this Act mentioned..

Miscellaneous offences.

44. Any person subject to this Act who commits any of the following offences, namely.-

(a) being in command at any post or on the march , and receiving a complaint that any one under his command has beaten or otherwise maltreated or oppressed any person , or has disturbed any fair or market, or committed any riot or trespass, failsto have due reparation made to the injured person or to report the case to the proper authority; or

(b) by defiling any place of worship , or otherwise, intentionally insults the religion, or wounds the religious feelings of, any person ; or

(d) being below the rank of subordinate officer , when off duty, appears without proper authority, in or about camp, or in or about, or when going to, or returning from, anytown or bazaar , carrying a rifle, sword or other offensiveweapon; or

(e) directly or indirectly accepts or obtains, or agrees to accept, or attempts to obtain, for himself or for any other person, any gratification as a motive or reward for procuring the enrolment of any person , or leave of absence, promotion or any other advantage or indulgence for any person in the service; or

commits any offence against the property or person of any inhabitant of, or resident in , the country in which he is serving,

shall, on conviction by a Force Court , be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned ,

Attempt .

45. Any person subject to this Act who attempts to commit any of the offences specified in sections 16 to 44 (both inclusive) and in such attempt does any act towards the 13

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SEC. 1 ]

commission of the offence shall, on conviction by a Force Court, where no express provision ismade by this Act for the punishment of such attempt, be liable,--

(a) ifthe offence attempted to be committed is punishable with death , to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and

(b) ifthe offence attempted to be committed is punishable with imprisonment, to suffer imprisonment for a term which may extend to one-half of the longest term provided for that offence or such less punishment as is in this Act mentioned.

have been Abetmeat of offences that committed.

46. Any person subject to this Act who abets the commission of any of the offences specified in sections 16 to 44 (both inclusive ) shall , on conviction by a Force Court, iftheAct abetted is committed in consequence of the abetment and no express provision is made by thisAct for the punishment of such abetment, be liable to suffer the punishment provided for that offence or such less punishment as is in this Act mentioned.

Abetmeal ofoffences punishable with death and mo1 committed .

47. Any person subject to this Act who abets the commission of any of the offences punishable with death , under sections 16, 19 and sub- section ( 1 ) of section 20 shall,on conviction by a ForceCourt, if that offence be not committed in consequence of the aber ment , and no express provision is made by this Act for the punishment of such abetment , be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned.

Abelment of offences punishablewith Imprisonment and not committed.

48. Any person subject to this Act who abets the commission of any of the offences specified in sections 16 to 44 (both inclusive) and punishable with imprisonment shall, on conviction by a Force Court, if that offence be not committed in consequence of the abet ment, and no express provision is made by this Act for the punishment of such abetment, be liable to suffer imprisonment for a term which may extend to one- half of the longest term provided for that offence or such less punishment as is in this Act mentioned.

Civil offences.

49. Subject to the provisions of section 50 , any person subject to this Act who at any place in, or beyond, India commits any civil offence shall be deemed to be guilty of an offence against this Act and , if charged therewith under this section shall be liable to be tried bya Force Court and, on conviction, be punishable as follows , namely:-

(a) if the offence is one which would be punishable under any law in force in Indiawith death, he shall be liable to suffer any punishment, assigned for the offence, bythe aforesaid law and such less punishment as is in this Act mentioned; and

(b) in any other case, he shall be liable to suffer any punishment , assigned for theoffencebythe law in force in India, or imprisonment for a term which may extend to seven years, or such less punishment as is in this Act mentioned.

Civil offences not triable bya Forse Court.

50. A person subject to this Act who commits an offence of murder or culpable homicide not amounting to murder against , or of rape in relation to, a person not subject to thisAct shallnot be deemed to be guilty of an offence under this Act and shall not be tried by aForce Court, unless he commits any of the said offences--

(a) while on active duty; or

(8) at anyplace outside India; or

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PART11-

CHAPTER IV

PUNISHMENTS

51. (1) Punishments may be inflicted in respect of offences committed by persons subjectto thisAct and convicted by Force Courts according to the scalle following, namely:-

Punishment byForce Couris.

(a) death;

(6) imprisonment which may be for the term oflife or any other lesser term but excluding imprisonment for a term not exceeding three months in Force custody;

(d) compulsory retirement from the service;

(e) imprisonment for a term not exceeding three months in Force custody;

() reduction to the ranks or to a lower rank or grade or a place in the list oftheir rank in the case of an under-officer;

(g) reduction to next lower rank in case of an officer or subordinate officer:

Provided that no officer shall be reduced to a rank lower than the one to which hewas initially appointed;

(4) forfeiture of seniority of rank and forfeiture of all or any part ofthe service for the purpose of promotion;

(1) forfeiture of service for the purpose of increased pay or pension;

(1) fine, in respect ofcivil offences;

(2) severe reprimand or reprimand except in the case of persons below the rank ofan under-officer;

(1) forfeiture of pay and allowances for a period not exceeding three months for an offence committed on active duty;

(m) forfeiture in the case ofperson sentenced to dismissal from the service of all arrears ofpayand allowances and other public money due to him at the time of such dismissal;

(n) stoppage ofpay and allowances until any proved loss or damage occasioned by the offence for which he is convicted is made good.

(2) Each of the punishments specified in sub-section (1) shall be deemed tobe inferior indegree to every punishment proceding it in the above scale.

Alternative punishments byForce Courts.

52. Subject to the provisions of this Act, a Force Court may, on convicting a person subject to this Act of any of the offerices specified in sections 16 to 48 (both inclusive) award either the particular punishment with which the offence is stated in the said sections to be punishable or , in lieu thereof, arry one of the punishments lower in the scale set out in section51 regard being had to the nature and degree of theoffence.

Combination ofpunish- menis.

53.A Force Court may award in additionto, or without, any other punishment, the punishment specified in clause (c) ofsub-section (1 ) ofsection 51 or any one or more ofthe punishments specified in clauses (1) to (n) of that sub - section.

54. When on active duty an enrolled person has been sentenced by a Force Courtto imprisonment whether combined with dismissal or not, the prescribed officer may direct that such personmay be retained to serve in the ranks, and such service shall be reckoned as part ofhis term of imprisonment .

Retention in the force ofaperson convicted on active duty.

SEC. 1 ]

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Punishments otherwise than byForceCourts.

55. Punishments may also be inflicted in respect of offences committed by persons subject to this Act without the intervention of a Force Court in the manner stated in sections 56,58and59.

Minor punishments .

56.(1 ) Subject to the provisions ofsection 57, a commanding officer of and above the rank ofCommandant may, in the prescribed manner, proceed against a person subject to this Act, other than an officer or a subordinate officer , who is charged with an offence under this Act and award such person, to the extent prescribed, one or more of the following punishments , namely:-

(a) imprisonment in Force custody up to twenty-eight days;

(6) detention up to twenty-eight days;

(d) extra guards or duties;

(e) deprivation ofany special position or special emoluments or any acting rank;

(1) severe reprimand or reprimand;

(g) fine up to fourteen days' pay in any one month;

(A) deductions from his pay and allowances of any sum required to make good any loss or damage occasioned by the offence for which he is punished.

(2) Ifany unit, training centre or other establishment ofthe Force is being temporarily commandedby an officer of the rank ofSecond - in-Command or Deputy Commandant, such officer shall have full powers of a commanding officer specifled in sub-section(1).

(3) Subject to the provisions of section 57, a Deputy Commandant or an Assistant Commandant, commanding a company or a detachment or an outpost, shall have the power toproceed against a person subject to this Act , other than an officer or a subordinate officer, who is charged with an offence under this Act and award such person to the extent prescribed, one or more of the punishments specified in clauses (a ) to (d) and (A) of sub-section (1) provided that the maximum limit of punishment awarded under each ofthe clauses (a), (b) and (c) shall not exceed fourteen days .

(4)Asubordinate officer not below the rank of Sub- Inspector who is commanding a detachment or an outpost shall have the powers to proceed against a person subject to this Act, other than a subordinate officer or an under -officer, who is charged with an offence under this Act and award such person to the extent prescribed, one or more ofthe punishments specified under clauses ( c) and (d) of sub -section ( 7 ) provided that the maximum limit of punishment awarded under clause (c) shall not exceed fourteendays.

Limit of ponishments under section 55.

57.( 1) In the case of an award of two or more of the punishments specified in clauses (a), (b), (c) and (d) of sub-section ( 1 ) ofsection 56, the punishments specified in clause (c) or clause (a) shall take effect only at the end of the punishment specified in clause (a) or clause( 6).

(2)When two or more of the punishments specified in clauses (a), (b) and (c) of sub- section (1 ) ofsection 56 are awarded to a person conjointly, or when already undergoing one or more ofthe said punishments, the whole extent ofthe punishments shall not exceed in the aggregate forty-two days .

(3) The punishments specified in clauses (a), (b) and (c) ofsub-section (1) ofsection 56 shall not be awarded to any personwho is of the rank of an under-officer or was, at the time ofcommitting the offence for which he is punished, ofsuch rank..

(4) The punishment specified in clause (f) of sub-section ( 1) ofsection 56 shall notbe awardedto any person below the rank of an under-officer.

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58.( 1) An officer not below the rank of Inspector-General may, in the prescribed manner , proceed against an officer of or below the rank ofCommandant who is chargedwith an offence under this Act and award one or more of the following punishments, namely:

Punishmen of persons of or below The Tank of Commandan by Inspector- General and others . !

(a) forfeiture of seniority, or in the case of any ofthem whose promotion depends upon length ofservice, forfeiture of service for the purpose of promotion for a period not exceeding one year, but subject to the right of the accused previous to the award toelect to be tried by a Force Court;

(6) severe reprimand or reprimand ;

(c) deduction from pay and allowances of any sum required to make good any proved loss or damage occasioned by the offence of which he is convicted

(2)An officer not below the rank ofAdditional Deputy Inspector-General may, in the prescribed manner, proceed against a person of or below the rank of Subedar-Majoror Inspector who is charged with an offence under this Act and award one or more of the following punishments , namely:-

(a) forfeiture ofseniority, or in the case of any ofthem whose promotion depends upon the length of service, forfeiture of service for the purpose of promotion for a period not exceeding one year, but subject to the right of the accused previous to the award to elect to be tried by a Force Court; :

(b) severe reprimand or reprimand;

(c) deduction from pay and allowances of any sum required to make good any proved loss or damage occasioned by the offence ofwhich he is convicted

(3 ) An officer not below the rank of Commandant may, in the prescribed manner, proceed against a person ofor below the rank of Subedar- Major or Inspector who is charged with an offence under this Act and award any one or both of the following punishments, namely:-

(a) severe reprimand or reprimand;

(b) deduction from pay and allowances of any sum required to make good any proved loss or damage occasioned by the offence of which he is convicted.

Cangellation, variation or remstance of sentence.

59. ( 1) In everycase in which punishment has been awarded under section 58, certified true copies of the proceedings shall be forwarded, in the prescribed manner, by the officer awarding the punishment to the prescribed superior authority who may, ifthe punishment awarded appears to him to be illegal , unjust or excessive , cancel, vary or remit the punishment and make such other direction as may be appropriate in the circumstances of the case.

(2) For the purpose of sub- section ( 7 ) , a " superior authority" means,-

(a) any officer superior in command to such officer who has awarded the punishment;

(8) in the case of punishment awarded by Director-General, the Central Government.

Collective fines.

60. (7) Whenever any weapon or part of weapon or ammunition, forming part ofthe cquipment of a unit, is lost or stolen , a commanding officer not below the rank of the Commandant of that unit may, after making such enquiry as he thinks fit , impose such collective fine as may be prescribed , upon the subordinate officers, under- officers and men ofsuch unit, or upon so many of them as , in his judgment, should be held responsible for such loss or theft .

(2) Such fine shall be assessed as a percentage ofthe pay of the individuals on whom itfalls.

SEC. 1 ]

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CHAPTERV

DEDUCTIONS FROM PAY AND ALLOWANCES

61. (1 ) The following deductions may be made from the pay and allowances ofun officer, namely:

Deductions from pay and allowances of persons subject to this Act. (a) all pay and allowances due to an officer for every day he absents himself without leave, unless a satisfactory explanation has been given to , and accepted by, the Inspector-General under whom he is for the time being serving;

(b)all pay and allowances for every day while he is in custody on a charge for an offence for which he is afterwards convicted by a criminal court or Force Court or by an officer exercising authority under section58;

(c) any sum required to make good the pay of any person subject to this Act which he has unlawfully retained or unlawfully refused to pay;

(a) any sum required to make good such compensation for any expenses , loss, damage or destruction occasioned by the commission of an offence as may be determined by the Force Courtby whom he is convicted of such offence or by an officer exercising authority under section58;

(e) all pay and allowances ordered by ForceCount;

Court; () any sum required to be paid as fine awarded by a criminal court or a Force

(g) any sum required to make good any loss, damage or destruction of public or Forcepropertywhich, after due investigation, appears to the Inspector-General under whom the officer is for the time being serving, to have been occasioned by the wrongful actornegligence on the part ofthe officer,

(h) all pay and allowances forfeited by order of the Central Government ifthe officer is found by a court ofinquiry constituted by the Director-General in this behalf, tohave deserted to the enemy, or while in enemy hands , to have served with, or under the orders of, the enemy, or in any manner to have aided the enemy, or to have allowed himselfto be, taken prisoner by the enemy through want of due precaution or through disobedience oforders or wilful neglect ofduty, or having been taken prisoner by the enemy, to have failed to rejoin his service when it was possible to do so;

(1) any sum required by order of the Central Government to be paid for the maintenance ofhis wife or his legitimate or illegitimate child or step child or towards the cost ofany relief given by the said Government to the said wife or child.

(2) Subject to the provisions ofsection 63 , the following deductions may be made from the pay and allowances of a person subject to this Act, other than an officer , namely:

(a) all pay and allowances for every day ofabsence either on desertion orwithout leave or as a prisoner of war unless a satisfactory explanation has been given and acceptedbyhis commanding officer and for every day of imprisonment awardedbya criminal court, Force Court or an officer exercising authority under section56;

(b) all payand allowances for every day while he is in custody on a charge for anoffenceofwhich he is afterwards convicted by a criminal court or Force Court oron acharge ofabsence without leave for which he is afterwards awarded imprisonment by an officer exercising authority under section56;

(c) all pay and allowances for every day on whicli he is in hospital on account of sickness certified by the medical officer attending on him to have been caused by ant offence under this Act committed by him;

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[ PART I

(d) all payand allowances for every day on which he is in hospital on account of sickness certified by the medical officer attending on him to have been caused by his own misconduct or imprudence, such sum as may be specified by the order ofthe Director-General;

(e) all pay and allowances ordered by Force Court or by an officer exercising authority under any of the sections 56 and 38 to be forfeited or stopped;

(1) all pay and allowances for every day between his being recovered from the enemy and his dismissal from the service in consequence of his conduct when being taken prisoner by, or while in the hands of the enerny,

(g) any sum required to make good such compensation for any expenses, loss, damage or destruction caused by him to the Central Government or to any building or property or any private fund of the Force as miny be awarded by his commanding officer;

(h) any sum required to pay a fine awarded by a criminal court, Force Court exercisingjurisdiction under section 49 or an officer exercising authority underany of the sections 56 and 60;

(i) any sun required by order of the Central Government or any prescribed officer to be paid for the maintenance ofhis wife, or his legitimate or illegitimate child or step child or towards the cost of any relief given by the said Government to the said wife or child.

(3) For computation of time of absence or custody under this section,-

(a) no person shall be treated as absent or in custody for a day unless the absence or custody has lasted, whether wholly in one day, or partly in one day and partly in another for six consecutive hours or upwards;

(b) any absence or custody for less than a day may be reckoned as absence or custody for a day, if such absence or custody prevented the absentee from fulfilling anyduty as member of the Force which was thereby thrown upon some other person;

(c) absence or custody for twelve consecutive hours or upwards may be reckoned as absence or custody for the whole of each day during any portion of which the person was absent or in custody;

(d) a period of absence , or imprisonment, which commences before, and ends after, nidnight may be reckoned as aday.

Pay and allowances during trial :

62. In the case ofany person subject to this Act who is in custody or under suspension from duty on a charge for an offence, the prescribed officer may direct that thewhole or any part of the pay and allowances of such person shall be withheld, pending the result ofhis trial on the charge against him , in order to give effect to the provisions of clause (d) ofsub- sections (1 ) and (2) of section 61 .

Lime of certain deductions

63. The total deductions from the pay and allowances ofa person made under clauses (e) and (g) to ( 1) of sub -section (2) of section 61 shall not, except where he is sentenced to dismissal or removal, exceed in any one month one- half ofhis pay and allowances for that month.

64. Any sum authorised by this Act to be deducted from the pay and allowances of any person may, without prejudice to any other mode of recovering the same, be deducted from any public money due to him other than a pension.

Ocduction from public money due to 4 person;

Payand allowances of prisoner of war during inquiry into his conduct,

65. Where the conduct of any person subject to this Act when being taken prisoner by, or while in the hands of, the enemy, is to be inquired into under this Act or any other law, the Director-General or any officer authorised by him may order that the whole or any part of the pay and allowances of such person shall be withheld pending the result of such inquiry.

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SEC. 1]

Remission of deductions .

66.Any deduction from pay and allowances authorised by this Act may be remitted in such manner and to such extent , and by such authority, as may fromtime to time be prescribed,

Provision for dependants of prisoner of remitted deductions and pay and war from his allowances.

67.(1) In the caseof all persons subject to this Act, being prisoners of war, whose pay and allowances have been forfeited under clause (4) ofsub-section (1) or clause (a) of sub- section (2 ) ofsection 61 but in respect of whom a remission has been made under section 66 , it shall be lawful for the CentralGovernment or the Director-General , when so authorised by the Central Government, to make provisions in respect of pay and allowances for any dependants of such persons and any such remission shall in that case be deemed to apply onlyto the balance thereafter remaining of such pay and allowances.

(2) It shallbe lawful for the Central Government or the Director-Gengral , when so authorised by the Central Government, to make provisions for any dependants ofany person subjectto this Act who is a prisoner ofwar, or is missing , inrespect ofhis pay and allowances.

68. For the purposes of section 67, a person shall be deemed to continue to be a prisoner ofwar until the conclusion of any inquiry into his conduct such as is referred to in section 65 and ifhe is dismissed from the service in consequence ofsuch conduct, until the date of such dismissal .

Period churing which a person is deemed to be a prisonerof WAL

CHAPTERVI

ARREST AND PROCEEDINGS BEFORE TREAL

Custody of offenders.

69.(1) Any person subject to this Act who is charged with any offence may be taken into Force custody under the order ofany superior officer.

(2)Notwithstanding anything contained in sub-section (1) , an officer may order into Force custody any other officer, though such other officer may be of a higher rank, ifhe engages in a quarrel, affray or disorder.

Duty of commanding detention. officer in regard to 70. ( 1) It shall be the duty of every commanding officer to take care that a person under his command when charged with an offence is not detained in custody for more than forty-eight hours after the committal of such person into custody is reportedto him, without the charge being investigated, unless investigation in the prescribed procedure, within that period seems to him to be impracticable having regard to the public service.

(2)The case ofevery person being detained in custody beyond a period offorty-eight hours, and the reasons therefor, shall be reported by the commanding officer to the next higher officer or such other officer to whom an application may be made to convene a Forte Court for the trial of the person charged.

(3) In reckoning the period of forty-eight hours specified in sub- section (1), Sundays and other public holidays shall be excluded.

(4) The manner in which and the period for which any person subject to this Act may be taken into and detained in Force custody, pending the trial by any competent authority for any offence committed by him, shall be in such manner as may be prescribed.

trial. Interval between committel and 71. In every casewhere any such person as is mentioned in section 69 and as is not on active duty, remains in such custody for a longer period than eight days without a Force Court for his trial being convened, a special report giving reasons for the delay shallbe made byhis commanding officer in the manuner prescribed, and a similar report shall be forwarded at intervals ofevery eight days until a Force Court is convened or such person is released from custody.

Amat by civil authorities.

72. Whenever any person, subjectto this Act, who is accused of an offonce under this Act, is within the jurisdiction of any magistrate or police officer, such magistrate or police officer shall aid in the apprehension and delivery to Force custody of such person upon receipt ofa written application to that effect signed by his commanding officer or an officer authorisedby the commanding officer in that behalf.

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Capture of deserters

73.(1 ) Whenever any person subject to this Act deserts, the commanding officer of the unit to which he belongs or is attached, shall give information of the desertion to such civil authorities as, in his opinion , may be able to afford assistance toiwards the capture ofthe deserter; and such authorities shall thereupon take steps for the apprehension of the said deserter in like manner as ifhe were a person for whose apprehension a warrant had been issued by a magistrate, and shall deliver the deserter , when appreheaded, into Force custody.

(2)Any police officer may arrest without warrant any person reasonably believedto be subject to thisAct, and to be a deserter or to be travelling without authority, and shall bring him without delay before the nearest magistrate, to be dealt with accordingtolaw.

Inquiry inta absence wishout leave,

74. (1) When any person subject to this Act has been absent from duty without due authority for a period of thirty days, a court of inquiry shall , as soon as practicable, be appointed bysuch authority and in such manner as may be prescribed ; and such court shall , on oath or affirmation administered in the prescribed manner, inquire in respect oftheabsence ofthe person , and the deficiency, if any, in the property ofthe Government entrusted tohis care, or in any arms, ammunition , equipment, instruments, clothing or accessories; and if satisfied of the fact of such absence without due authority or other sufficient cause, the court shall declare such absence and the period thereof and the said deficiency, if any, and the commanding officer of the unit to which the person belongs or is attached, shall make a record thereof in the prescribed manner.

(2) Ifthe person declared absent does not afterwards surrender or is notapprehended, he shall, for the purposes of this Act ,be deemed to be a deserter.

Force Police Officers.

75.(1)TheDirector- General or any prescribed officer may appoint persons (in thisAct referred to as Force Police) for discharging the functions specified in sub-sections (2) and (3).

(2) The duties of a person appointed under sub-section ( 1 ) are to take charge of persons confined for any offence, to preserve good order and discipline and to prevent breaches ofthe same by persons serving in, or attached to the Force.

(3)Notwithstanding anything contained in section 69, a person appointed under sub- section ( 1 ) may, at any time , arrest and detain for trial any person subject to this Act who commits, or is charged with , an offence, and may also carry into effect any punishment to be inflicted in pursuance of a sentence awarded by a Force Court or by an officer exercising authority under section 56 but shall not inflict any punishment on his own authority:

Provided that no officer shall be so arrested or detained otherwise than on the order of another officer . :

CHAPTERVII

FORCECOURTS

76. For the purposes of this Act , there shall be three kinds ofForce Courts, namely:-

Kinds ofForce Courts.

(a)General Force Courts;

(b)Petty Force Courts ; and

which shall be convened in the manner prescribed.

77.AGeneral Force Court may be convened by the Central Government or theDirector- General or byany officer empowered in this behalfby warrant ofthe Director-General.

Power10 convenea General Force Court.

78.APetty Force Court may be convened by an officer having power to convene General ForceCourt or by an officer empowered in this behalf by warrant ofany sach officer.

Powerto convenea: Petty Force Court .

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79. Awarrant issued under section 77 or section 78 may contain such restrictions , reservations or conditions as the offficer issuing it may think fit.

Warrants issued under sections 77 and78.

80, AGeneral Force Court shall consist ofnot less than five officers.

Composition ofaGenomi Force Coun.

81. A Petty Force Court shall consist of not less than three officers.

Composition ofaPetty Force Court

Sumunary Force Court.

82. ( 1) ASummary Force Court maybe held by the commanding officer ofany unit and he alone shall constitute the Court .

(2)The proceedings shall be attended throughout by two other persons who shall be officers or subordinate officers or one of either, and who shall not as such, be sworn or affirmed.

Dissolution of ForceCourt.

83.(1) Ifa ForceCourt after the commencement of a trial is reduced below the minimum number of officers required by this Act, it shallbe dissolved.

(2) If, on account ofthe illness of the concerned JudgeAttorney or, as the case maybe, DeputyJudgeAttorney-General or Additional Judge Attorney-General or of the accused before the finding, it is impossible to continue the trial , the Force Court shall be dissolved.

(3) The authority or officer who convened a Force Court may dissolve the same if it appears to him that the exigencies ofthe service or necessities ofdiscipline render it impossible or inexpedient to continue the said ForceCourt.

(4) Where a Force Court is dissolved under this section, the accused may be tried again.

84. AGeneral Force Court shall have the power to try any person subject to this Act for any offence punishable thereunder and to pass any sentence authorised thereby.

Powers of a General Force Court

Powers of a Petty Force Court 85. A Petty Force Court shall have the power to try any person subject to this Act other than an officer or a subordinate officer for any offence made punishable thereunder and to pass any sentence authorised by this Act other than a sentence of death or imprisorument for a term exceeding two years.

86. (1 ) Subject to the provisions ofsub-section (2), a Summary Force Court may try any offence punishable under this Act.

Powers of a Summary ForceCourt.

(2) When there is no grave reason for immediate action and referencs can without detriment todiscipline be made to the officer empowered to convene a Petty ForceCourt for the trial ofthe alleged offender, an officer holding a Summary Force Court shall not try without such reference any offence punishable under any ofthe sections 16, 19 and 49, or any offender against the officer holding the Court.

(3) A Summary Force Court may try any person subject to this Act and under the command ofthe officer holding the Court, except an officer or a subordinate officer.

(4) A Summary Force Court may pass any sentence which maybe passed under this Act, except the sentence ofdeath or of imprisonment for a term exceeding the limit specified in sub-section (5).

(5) The limit referred to in sub -section (4) shallbe,-

(a) one year, ifthe officer holding the Force Court holds the rank not below that ofaComeuandant;

(b) three months, in any other case, 22

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[PART11-

Prohibition of sdcond tripl

87. (1) When any person, subject to this Act has been acquitted or convicted ofan offence bya Force Court or by a criminal court or has been dealt with under acction 56 ог section 58 , he shall not be liable to be tried again for the same offlince by a Force Courtor dealt with under the said sections.

(2) When any person , subject to this Act, has been acquitted or convicted of an offence by a Force Court or has been dealt with under section 56 of section 58, he shall not be liable to be tried again by a criminal court for the same offence or on the same facts.

Period of lijnitation for trial.

88. (1) Except as providedby sub -section (2), no trial bya Fence Court ofany person subject to thisAct for any offence shall be commenced after the expiration of period of three years from the date ofsuch offence.

(2) The provisions of sub -section (1) shall not apply to a trial for an effence of desertion or for any ofthe offences mentioned in section 19 .

(3) In the computation of the period of time mentioned in sub-section (1), any time spent by such person in evading arrest after the commission ofthe offence , shall be excluded.

89. (1) Where an offence under this Act had been committedby any person while subject to this Act, and he has ceased to be so subject, he may be taken into and kept in Force custody and tried and punished for such offence as ifhe continued to be so subject.

Trial , ele ... of olfender who censes to be subject to his Adt.

(2) No such person shall be tried for an offence , unless his trial commences within six months after he had ceased to be subject to this Act

Provided that nothing contained in this sub -section shall apply tothe trial ofany such person for an offence ofdesertion or for any ofthe offences mentioned in section 19 or shall affectthe jurisdiction ofa criminal court to try any offence triable by sach court as well asby aForceCourt.

Application of Aci dering Lorin of scntence .:

90.( 1) When aperson subejct to thisAct is sentenced by a Force Court to imprisonment, thisAct shall apply to him during the term ofhis sentence, though he is dismissed from the Force, or has otherwise ceased to be subject to this Act , and he nay be kept , removed , imprisoned and punished as if he continued to be subject to this Act.

(2) When a person subject to this Act is sentenced by a Force Court to death, this Act shall applyto him till the sentence is carried out .

Place of trial , etc.

91. (1) Any person subject to this Act who commits any offence under this Act may be tried and punished for such offence at any place .

(2)The persons by whom an accused may be defended in a trial and appearance of such persons thereat may be as prescribed.

Choice between criminal court and Force Court.

92. When a criminal court and a Force Court have each jurisdiction in respect of an offence, it shall be in the discretion of the Director-General, Additional Director-General or the Inspector-General or the Deputy Inspector-General or theAdditional Deputy Inspector- General within whose command the accused person is serving or such other officer asmay beprescribed, to decide before which court the proceedings shall be instituted, and ifthat officer decides that they shall be instituted before a Force Court, then he may direct that the accused person shall be detained in Force custody.

Power of criminal court so require delivery of: offender.

93. (1) When a criminal court having jurisdiction is ofopinion that proceedings shall be institutedbefore itself in respect ofany alleged offence , it may, by written notion, require the officer referred to in section 92 at his option, either to deliver over the offender to the nearest magistrate to be proceeded against according to law, or to postpone proceedings, pending a reference to the Central Government. ;

(2) In every such case the said officer shall either deliver over the offender in compliancewith the requisition, or shall forthwith refer the question as to the court before whichtheproceedings are to be instituted , for the determination of the Central Government whose order upon such reference shall be final..

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CHAPTERVIII

PROCEDURE OF FORCE COURTS

Presiding officer.

94.At everyGeneral Force Court or Petty Force Court, the senior member shall be the presidingofficer.

Jadge Attorneys .

95.(1) EveryGeneral Force Court shall, and every Petty Force Court may be attended bya JudgeAttorney or a Deputy Judge Attorney-General or an Additional JudgeAttorney- General , or, if no such officer is available, an officer approved by the Judge Attorney- General or by any officer authorised in this behalfby the Judge Attorney-General.

(2).The recruitment and conditions of service of Judge Attorney-General, Additional JudgeAttorney-General , Deputy Judge Attorney-General and Judge Attorney shall be such as maybe prescribed:

Objections.

96. (1) At all trials by a General Force Court or by a Petty Force Court, as soon as the Courtis assembled, the names of the presiding officer and members shall be read overto the accused, who shall thereupon be asked whether he objects to being tried by any officer sitting on the Court.

(2) Ifthe accused objects to such officer, his objection and also the reply theretoof theofficer objected to shall be heard and recorded , and the remaining officers oftheCourt shall , in the absence of the challenged officer decide on the objection .

(3) If the objection is allowedby one-half or more of the votes of the officers entitled to vote, the objection shall be allowed, and the member objected to shall retire, and his vacancymaybe filled in the prescribed manner, by another officer subject to the same right ofthe accusedto object.

(4) When no objection is made , or when an objection has been made anddisallowed, or the vacancy of an officer has been filled by another officer under sub-section (3) to which no objection is made or allowed, the Court shall proceed with the trial .

97. (1)An oath or affirmation in the prescribed manner shall be administered to every member of the Force Court and to the Judge Attorney, or, as the case may be , the Deputy JudgeAttorney-General or the Additional Judge Attorney-General or the officer approved Je under section 95 , before the commencement of the trial .

Outh of members, Anorarys sad witnesses.

(2)Everyperson giving evidence before a Force Court shall be examined after being duly sworn or affirmed in the prescribed form,

(3) The provisions of sub - section (2) shall not apply where the witness is a child under twelve years of age and the Force Court is of opinion that though the witness understands the duty of speaking the truth, he does not understand the nature of an oath or affirmation.

Voting by members .

98. (1) Subject to the provisions of sub-sections (2) and (3), every decision of a ForceCourt shallbe passed by an absolute majority of votes ; and where there is an equality ofvotes on either the finding or the sentence , the decision shall be in favour of the accused.

(2) No sentence of death shall be passed by a General Force Court without the concurrence ofat least two-thirds of the members ofthe Court .

(3) In matters other than an objection or the finding or sentence, the presiding officer shall have a casting vote.

I of1872.

Ocooral rule as to evidence.

99. The Indian Evidence Act, 1872, shall, subject to the provisions of this Act, apply to all proceedings before a Force Court.

Judicial notice.

100.AForceCourt may take judicial notice ofany matter within the general knowledge ofthe members as officers ofthe Force.

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Suntmoning of witnesses. :

i 101. (1 ) The convening officer or the presiding officer of a Forte Court or the Judge Attorney or, as the case may be, the Deputy Judge Attorney-General or the Additional Judge Attorney-General or the officer approved under section 95 or the commanding officer ofthe accused person may, by summons under his hand, require the attendance, at a time and place tobe mentioned in the summons , of any person either to give evidence or to produce any document or other thing.

(2) In the case of a witness who is subject to this Act or any other Act relating to the armed forces of the Union, the summons shall be sent to his commanding officer and such officer shall serve it upon him accordingly.

(3) In the case of any other witness, the summons shall be sent to the magistrate withinwhosejurisdiction he may be , or resides , and such magistrate shall give effect tothe summons as if the witness were required in the court of such a magistrate.

(4) When & witness is required to produce any particular or other thing in his possession or power, the summons shall describe it with reasonable precision.

1 of 1872.

102. (1 ) Nothing in section 101 shallbe deemed to affect the operation ofsections 123 and 124 ofthe Indian EvidenceAct , 1872, or to apply to any letter, postcard , telegram or other document in the custody of the postal or telegraph authorities .

Documents exempted from produci tion.

(2) If any document in such custody is, in the opinion of any District Magistrate, ChiefMetropolitan Magistrate, Chief Judicial Magistrate, Court of Sessions or HighCourt wanted for the purpose ofany Force Court, such Magistrate or Court buay require the postal or telegraph authorities, as the case may be , to deliver such document to such person as such Magistrate or Court may direct .

(3) If any such document is, in the opinion of any other magistrate or of any Commissioner ofPolice or District Superintendent of Police, wanted for any such purpose, he may require the postal or telegraph authorities, as the case may be , to cause such search to be made for, and to detain such document pending the orders of any such District Magistrate, ChiefMetropolitan Magistrate, Chief Judicial Magistrate , Court ofSessions or High Court.

Commission for dxami- natidh of witnesses.

103. (1 ) Whenever, in the course of a trial by a Force Court, it appears to the Court that the examination ofa witness is necessary for the ends ofjustice, and that the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which, in the circumstances ofthe case , wouldbe unreasonable, such Court may address thế JudgeAttorney-General in order that a commission to take the evidence ofsuch witness may be issued.

(2) The JudgeAttorney-General may then, ifhe thinks necessary, issue a commission toanyMetropolitan Magistrate or Judicial Magistrate ofthe first class, within the local limits ofwhosejurisdiction such witness resides , to take the evidence of such witness.

(3) The Magistrate to whom the commission is issued, or, ifhe is the ChiefMetropolitan Magistrate, or Chief Judicial Magistrate, or such Metropolitan Magistrate, or Judicial Magistrate, as he appoints in this behalf, shall summon the witness before him or proceed to theplacewhere the witness is, and shall take down his evidence in the same manner, andmay for this purpose exercise the same powers, as in the trials ofwarrant-cades under the Code of Criminal Procedure, 1973.

2of1974.

(4) When the witness resides in a tribal area or in any place outside India, the commissionmaybe issued in the manner specified in Chapter XXIII of theCode ofCriminal Procedure,1973.

Examination of witness

combission.

104. (1) The prosecutor and the accused person in any case in which a commission is issued under section 103 may respectively forward any interrogatories in writing which the court maythink relevant to the issue, and the Magistrate executing the commission shall examine the witness upon such interrogatories.

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SEC. I ]

(2) The prosecutor and the accused person may appear before such Magistrate by counsel, or, except in the case of an accused person in custody, in person, and may examine, cross-examine and re-examine , as the case maybe, the said witness .

(3) After a commission issued under section 103 has been duly executed, it shall be returned, together with the deposition of the witness examined thereunder to the Judge Attorney-General .

(4) On receipt ofa commission , and deposition returned under sub-section (3), the JudgeAttorney-General shall forward the same to the Court at whose instance the commission was issued or, ifsuch Court has been dissolved, to any other Court convened for the trial of theaccused person; and the commission, the return thereto and the deposition shall be open to inspectionby the prosecutor and the accused person , and may, subject to all just exceptions, be read in evidence in the case by either the prosecutor or the accused, and shall form part ofthe proceedings of the Court.

(5) In every case in which a commission is issued under section 103 , the trial maybe adjourned for specified time reasonably sufficient for the execution and return of the commission.

105.A person charged before a Force Courtwith-

Conviction for offences n04 chargod.

(a) desertion may be found guilty of attempting to desert or of being absent without leave;

(6) attempting to desert may be found guilty of being absent without leave;

(d) using threatening language may be found guilty of using insubordinate language;

(e) any one of the offences specified in clauses (a), (b), ( c) and ( d) ofsection33 maybe found guilty of any other of these offences with which he might have been charged;

2 of 1974,

( an offence punishable under section 49 maybe found guilty of any other offence ofwhich he might have boon found guilty, if the provisions of the Code of Criminal Procedure , 1973 were applicable.

(g) any offence under this Act may, on failure of proofofan offence having been committed in circumstances involving a more severe punishment, be found guilty of the same offence as having been committed in circumstances involving a less severe punishment;

(k) any offence under this Act may be found guilty of having attempted or abetted the commission of that offence, although the attempt or abetinent is not separately charged.

Presumption as to sigue bures.

106. In any proceeding under this Act , any application, certificate, warrant, reply or otherdocument purporting to be signed by an officer in the service ofthe Government shall, on production ,be presumed to have been duly signed by the person by whom and in the character inwhich it purports to have been signed, until the contrary is shown.

Enrolment paper.

107. ( 1) Any enrolment paper purporting to be signed by an enrolling officer shall, in proceedings under this Act, be evidence of the person enrolling having given the answers to questions which he is therein represented as having given.

(2)The enrolment of such person may be proved by the production ofthe original or a copy of this enrolment paper purporting to be certified to be a true copy by the office L having the custody of the enrolment paper or service record.

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PART II-

Presumption as lo certain documents.

108. ( 1) A letter, return or other document respecting the service ofany person in, or the dismissal , removal or discharge of any person from , any unit of the Force, or respecting . the circumstances ofany person not having served in, or belonged to , say unit ofthe Force, ifpurportingtobe signed by or on behalfofthe Central Government or the Director-General, orbyanyprescribed officer, shall be evidence ofthe facts stated in such letter, retum or other document.

(2)AForceList or Gazette purporting to be published by authority shall be evidenceof the status and rank of the officers, subordinate officers therein mentioned, and ofany appointment held by them and of the battalion, unit, or branch ofthe Force towhich they belong.

(3) Where a record is made in any battalion, book in pursuance of this Act or ofany rules madethereunder or otherwise in the discharge of official duties, and purposts tobe signed by the commanding officer or by the officers whose duty it is to make such record, such record shall be evidence of the facts therein stated.

(4)Acopyofany record in any office of the Force purporting to be certified to be true copyby the officer having custody of such book shall be evidence of such record.

(5) Where any person subject to this Act is being tried on a charge ofdesertion or of absence without leave, and such person has surrendered himself into the custody of any officer or other person , subject to this Act, or any unit ofthe Force, or has been apprehended by such officer or person, a certificate purporting to be signed by such officer, or by the commanding officer ofthe unitto which such person belongs or is attached, as the case may be, and stating the fact, date and place of such surrender or apprehension , and the manner in whichhe was dressed shall be evidence of the matters so stated.

(6) Where any person subjectto this Act is being tried on a charge ofdesertion or of absencewithout leave and such person has surrendered himself into the custody of, or has been apprehended by, a police officer not below the rank ofan officer in charge ofa police station, a certificate purporting to be signed by such police officer and stating the fact, date and place of such surrender or apprehension and the manner in which he was dressed shall be evidence of the matters so stated .

(7) (a) Any document purporting to be a report under the hand of a Government scientificexpertto whom this sub- section applies, upon any matter of thing duly submitted tohim for examination or analysis and report in the course ofany proceeding under this Act, maybe used as evidence in any inquiry, trial or other proceeding under thisAct

(b)The Force Court may, if it thinks fit, summon and examine any such expert as to the subject matter ofhis report.

(c) Where any such expert is summoned by a Force Court and he is unable to attend personally, he may, unless the Court has expressly directed him to appear personally, depute an officer who is conversant with the facts ofthe case to depose in the Court on hisbehalf.

2of 1974.

(d) This sub-section applies to the Goverment scientific expert, for the time being specified in sub- section (4) ofsection 293 ofthe Code of Criminal Procedure, 1973.

Referenceby accusedto Government officer,

109. ( 7) Ifat any trial for desertion or absence without leave, over- staying leave ornot rejoiningwhen wamed for service, the accused person states in his defence any sufficient or reasonable excuse for his unauthorised absence, and refers in support thereofto any officer inthe service of the Government, or if it appears that any such officer is likely to prove or disprove the said statement in the defence, the Court shall address such officer and adjournm the proceedings until his reply is received.

(2)Thewritten reply ofany officer so referred to shall, ifsigned by him , be received in evidence and have the same effect as if made on oath before the Court.

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(3) If the Court is dissolved before the receipt of such reply or ifthe Court omits to comply with the provisions of this section, the convening officer may, at his discretion, amul the proceedings and order a fresh trial .

Evidence of previous character convictions and general 11. ( 1 ) When any person subject to this Act has been convicted by a Force Court of any offence, such Force Court may inquire into, and receive, and record evidence of any previous convictions of such person, either by a Force Court or by a criminal court, or any previous award of punishment under section 56 or section 58 , andmay further inquire into and record the general character of such person and such other matters as may be prescribed.

(2) Evidencereceived under this section may be either oral, or in the shape of entries in, or certified extracts from, books of Force Courts or other official record; and it shall not be necessary to give notice before trial to the person tried that evidence as to his previous convictions or character will be received.

(3)At a Summary Force Court, the officer holding the trial may, ifbe thinks fit, record anyprevious convictions against the offender, his general character , and such other matters asmaybe prescribed, as ofhis own knowledge, instead ofrequiring them to be proved under the foregoing provisions of this section.

Lunacy of socused.

111. (1) Whenever, in the course of a trial by a Force Court, it appears to the Court that theperson charged is by reason of unsoundness of mind incapable ofmaking his defence, or thathe committed the act alleged but was by reason of unsoundness of mind- incapable of knowing the nature ofthe act or knowing that it was wrong or contrary to law, the Court shall record a finding accordingly.

(2)The presiding officer ofthe Court , or, in the case of a Summary Force Court, the officerholding the trial, shall forthwith report the case to the confirming officer, or to the authority empowered to deal with its finding under section 129, as the case may be.

(3) The confirming officer to whom the case is reported under sub-section (2) may, ifhe does not confirm the finding, take steps to have the accused person tried by the same or another Force Court for the offence with which he was charged.

(4) The authority to whom the finding of & Summary Force Court is reported under sub- section(2) and a confirming officer confirming the finding in any case so reported to him shall order the accused person tobe kept in custody in the prescribed manner and shall report the case for the orders ofthe Central Government

(5)On receipt ofa report under sub-section (4), the Central Government may order the accused person to be detained in a lunatic asylum or other suitable place ofsafe custody.

112. Where any accused person, having been found by reason of unsoundness of mind to be incapable of making his defence, is in custody or under detention under section 111 , any officer prescribed in this behalf, may-

Subsequent fiomess of muaticaccased Fortrial.

(a) ifsuch person is in custody under sub-section ( 4) of section 111 , on the report ofamedical officer that he is capable of making his defence, or

(b) if suchperson is detained in a jail under sub-section (5) ofsection 111 , on a certificate ofthe Inspector-General of Prisons, and if such person is detained in a lunatic asylum under the said sub-section, on a certificate of any two or more ofthe visitors ofsuch asylum and ifhe is detained in any other place under that sub-section, on acertificate of the prescribed authority, that he is capable of making his defence, take steps to have such person tried by the same or another Force Court for the offencewithwhich he was originally charged or, ifthe offence is a civil offence, by a criminal court.

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113. A copy of every order made by an officer under section 112 for the trial of the accused shall forthwith be sent to the Central Government ,

Transmissian 10 Central Government of order under section 1124

114. Where any person is in custody under sub-section (4) ofsection 111 or under detention under sub- section (5) of that section, -

Release of accused.

(a) ifsuch person is in custody under the said sub- section ( 4), on the report of amedical officer, or

(b) ifsuch person is detained under the said sub- section (5), on a certificate from any ofthe authorities mentioned in clause ( 6 ) of section 112 that in the judgment of such officer or authority such person may be released without danger ofhis causing injury to himself or to any other person,

the Central Government may order that such person be released or detained in custody or transferred to a public lunatic asylum ifhe has not already been sent to such an asylum.

Dollvary of lunatic accisedto relatives. :

115. Where any relative or friend ofany person who is in custody under sub-section (4) of section 111 or under detention under sub-section (5) of that section desires that he should be delivered to his care and custody, the Central Government may, upon application by such relative or friend and , on his giving security to the satisfaction of that Government that the person delivered shall be properlytaken care of, and, prevented from deing injuryto himselfor to any other person, and be produced for the inspection of such officer, and at such times and places, as the Central Government may direct, onder such person to be delivered to such relative or friend.

Order for custody and: disposal of property pending Irial .

116.When any property regarding which any offence appears to liave been committed, orwhich appears to have been used for the commission of any offence, is produced before a Force Court during a trial , the Court may make such order as it thinks fit for the proper custodyofsuch property pending the conclusion of the trial, and if the property is subject tospeedy or natural decay may, after recording such evidence as it thinks necessary, order itto be sold or otherwise disposedof.

Order for disposal of property regarding which offence is comunitted .

117.(1)After the conclusion ofa trial before any Force Court , the Court or the office confirming the finding or sentences ofsuch Force Court, or any authority superior to such officer , or, in the case of Summary Force Court whose finding or sentences does not require confirmation , an officer not below the rank ofAdditional Deputy Inspector-Generalwithin whose command the trial was held, may make such order as it or he thiriks fit for the disposal by destruction, confiscation, delivery to any person claiming to be entitled to possession thereof, or otherwise, of any property or document produced before the Court or in its custody, or regarding which any offence appears to have been committed or which has been used forthe commission of any offence.

2 of 1974.

(2) Where any order has been made under sub-section (1) in respect of property regarding which an offence appears to have been committed, a copy ofsuch order signed and certified by the authority making the same may, whether the trial was held within India or not, be sent to a magistrate within whose jurisdiction such property for thetime being is situated, and such magistrate shall thereupon cause the order to be carried into effect as if itwere an order passed by him under the provisions of the Code of Criminal Procedure,1973.

(3) In this section the term " property" includes, in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any person, but also any property into or forwhich the same may have been converted or exchanged , and anything acquired by such conversion or exchange whether immediately or otherwise.

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SBC. 1]

45 of 1860 .

2 of 1974.

118.Any trial by a Force Court under the provisions of this Act shall be deemed to be ajudicial proceeding within the meaning of sections 193 and 228 ofthe Indian Penal Code and the ForceCourt shall be deemed to be a Court within the meaning of sections 345 and 346 ofthe Code ofCriminal Procedure, 1973.

Powers of Force Count proceedings in relation to under this Act.

Tender of pardonte accomplices .

119. (1) With a view to obtaining the evidence of any person supposed to have been directlyor indirectly concerned in or privy to an offence triable by a Force Court other than a Summary Force Court under this Act , the commanding officer, the convening officer or the Force Court, at any stage of investigation or inquiry into or the trial of, the offence, may tender a pardon to such person on condition of his making a full and true disclosure ofthe wholeofthe circumstances within his knowledge relating to the offence and to every other person concerned, whether as principal or abettor, in the commission thereof.

(2) The commanding officer or the convening officer who tenders pardon under sub-section (1) shall record,-

(a) his reasons for so doing;

(b)whether the tender was or was not accepted by the person to whom it was made, and shall , on application made by accused , furnish him with a copy of such record free ofcost.

(3) Every person accepting a tender of pardon made under sub-section (1)-

(a) shall be examined as a witness by the commanding officer ofthe accused and in the subsequent trial, ifany;

(8) maybe detained in Force custody until the termination ofthe trial .

Trial of person not complying with conditions of pardon.

120. (1) Where, in regard to a person who has accepted a tender of pardon made under section 119, the Judge Attorney, or as the case may be , the Deputy Judge Attorney- General , or the Additional Judge Attorney-General, or the officer approved under section 95, certifies that in his opinion such person has, either by wilfully concealing anything essential or by giving false evidence , not complied with the conditions on which the tender was made, suchperson maybe tried for the offence in respect ofwhich the pardon was so tendered or for any other offence ofwhich he appears to have been guilty in connection with the same matter, and also for the offence of giving false evidence:

Provided that such person shall not be tried jointly with any of the other accused,

(2)Any statement made by such person accepting the tender ofpardon and recorded byhis commanding officer or Force Court may be given in evidence against him at such trial.

(3)At such trial , the accused shall be entitled to plead that he has complied with the condition upon which such tender was made ; in which case it shall be for the prosecution to prove that the condition has not been compliedwith.

(4)At such trial , the Force Court shall, before arraignment , ask the accused whetherhe pleads thathe has complied with the conditions on which the tender of pardon was made.

(3) Ifthe accused does so plead , the Court shall record the plea and proceed with the trial and it shall, before giving its finding on the charge , find whether or not the accused has compliedwith the conditions of the pardon, and, if it finds that he has so complied, it shall give averdict ofnot guilty.

CHAPTER IX

CONFIRMATION AND REVISION OF PIROCEEDINGS

121.No finding or sentence of a General Force Court or a Petty ForceCourt shall be valid except so far as it insay be confirmed as provided bythisAct.

Finding and sentence mat valid miwe confirmed.

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122. The findings and sentences ofGeneral Force Courts may be confirmed by the Central Government or by any officer empowered in this behalf by warrant ofthe Central Government.

Power to coa- Firm Finding and sentence of General ForteCourtt

123.The findings and sentences of a PettyForce Court maybe confirmed by an officer having power toconvene a General Force Court or by any officer empowered in this behalf bywarrant ofsuch officer.

Power lo confirme Binding and : senicace of: Pete Force Coun.

124.Awarrant issued under section 122 or section 123 may contain such restrictions, reservations or condition as the authority issuing it may think fit.

Limitation of ponens of conterming Buthority,

125. Subjectto such restrictions, reservations or conditions , as may be contained in any warrant issued under section 122 or section 123 , a confirming authority may, when confirming the sentence ofa Force Court , mitigate or remit the punishment thereby awarded or commute that punishment for any punishment or punishments lower in the scale taid down in section 51 .

Powerof confirming : authority to! mitikate, rempit or connante! sentences .

Congming of findings and sentences on board e ship.

126. When any person subject to this Act is tried and sentenced by a Forte Court while on board a ship , the finding and sentence so far as not confirmed and executed on board the ship, may be confirmed and executed in like manner as if puch person had been triedatthe port ofdisembarkation.

Revision of finding or sentence.

127. (1)Any finding or sentence ofa Force Court which requires confirmation maybe once revised by order of the confirming authority and on such revision, the Cout, if so directedby the confirming authority, may take additional evidence.

(2)The Court on revision, shall corusist of the same officers as were present when the original decision was passed unless any of those officers are unavoidably absent.

(3) Incase ofsuch unavoidable absence the cause thereof shall be duly certified in the proceedings and the Court shall proceed with the revision provided that, in the case of a General ForceCourt it consists offive officers and in the case ofa Petty Force Court, ofthree officers.

128. The finding and sentence of a Summary Force Court shall not require to be confirmed, but may be carried out forthwith.

Finding and senicice ofa Summary Force Court.

Transmission of proceedings ofSuthary Force Court.

129.The proceedings ofevery Summary Force Court shall be forwarded withoutdelay to the officer not below the rank ofAdditional Deputy Inspector-General within whose coumerard the trial was held, or to the prescribed officer, and such officer, or the Director- General or any officer empowered by him in this behalfmay, for reasons based on themerits ofthe case, but not on merely technical grounds, set aside the proceedings, or reduce the sentence to any other sentence which the Court might have passed.

Alteration of finding or sentencein certaid cases

130. (1) Where a finding of guilty by a Force Court, which has been confirmed or which does not require confirmation , is found for any reason to be intvalid or cannot be supported by the evidence, the authority which would have had power under section 142to commute the punishment awarded by the sentence, ifthe finding had been validmaysubstitute anew finding and pass a sentence for the offence specified or involved in such finding:

Provided that no such substitution shallbe made unless such finding could have been validlymade bythe Force Court on the charge and unless it appears that the Force Court : must have been satisfied of the facts establishing the said offence.

(2)Where a sentence passed by a Force Court which has been confirned, of which doesnot require confirmation, not being a sentence passed in pursuance of a new finding Sec. 1]

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substituted under sub-section (1), is found for any reason to be invalid, the authority referred to in sub-section (1) may pass a valid sentence.

(3)The punishment awardedby a sentence passed under sub- section (1) or sub- section (2) shall not be higher in the scale of punishments than , or in excess of, the penish- ment awarded by, the sentence for which a new sentence is substituted under this section.

(4)Any finding rubstituted, or any scnicace passed, under this section shall, for the purposes ofthisAct and the rules, have effect as if it were a finding or sentence, as the case maybe, ofa ForceCourt.

Petition lading or Feros Court samtence of 131. (1)Any person subject to this Act who considers himselfaggrieved by any order passedby anyForce Court may present a petition to the officer or authority extpowered to confirm any finding or sentence ofsach Force Court, and the confirming authority maytake such steps as maybe considered necessary to satisfy itself as to the correctness, legality or proprietyofthe order passed or as to the regularity of any proceeding to which the order relates.

(2)Any person subject to this Act who considers himself aggrieved by a finding or sentence ofany Force Court which has been confirmed, may present a petition to the Contral Government, theDirector-General or any prescribed officer superior in command to the one who confumed such finding or sentence, and the Central Government, the Director-General, or theprescribed officer, as the case may be, may paas such order thereon as it or be thinks fit.

Asastment of proceedings.

132.TheCentral Goventment, the Director-General or any prescribed officer mayaunul theproceedings ofany Force Court on the ground that they are illegal or unjust.

CHAPTERX

EXECUTION OF SENTENCES , PARDONS, REMISSIONS, ETC.

Execution of oйce of death.

133. In executing a sentence of death, a Force Court shall , in its discretion direct that theoffender shall suffer death by being hanged by the neck until he be dead, or shall suffer death by being shot to death.

Commenceresat of seanence of imprisonmсат .

134. Whenever any person is sentenced by a Force Court under this Act to imprisonment, the term of his sentence shall, whether it has been revised or not, be reckoned to commence on the day on which the original proceedings were signed by the presiding officer, or in the case ofa Summary Force Court, by theCourt:

Provided that if for any reason beyond the control of the contmanding officer or superior officer, the sentence of imprisonment cannot be executed in full or in part, the convict shallbe liable to undergo the whole or unexpired portion of sentence, sa the case maybe, when it becomes possible to carry out the same:

Provided furtherthat the period of detention or confinement, ifany, undergone byan accused person during the investigation, inquiry or trial ofthe case in which he is sentenced andbeforethe date ofwhich the original proceedings were signed shall be sut offagainst the term of his sentence and the Hability of such person to undergo imprisonment shaltbe restricted to the retmeinder, if any ofthe term ofhis scatence.

Excuation of confirmingмносе оf imprisonment .

135.(1) Whenever any sentence of imprisonment is passed under this Act by a Force Court or whenever any sentence of death is conummuted to imprisonment, the officeror in case ofa Summary Force Court the officer holding the Court or such other officer as may be prescribed shall, save as otherwise provided in sub-sections (3) and(4), direct that the sentonce shall be carried out by confinement in a civil prison.

(2) When a direction has been madeunder sub -section (1), the commanding officer of the person under sentence or such other officer as maybe prescribed shall forward a warrent inthe prescribed form to the officer in charge of the prison in which such person is to be confined and shall arrange for his despatch to such prison with the warrant.

[PARTI-

THE GAZETTE OF INDIA EXTRAORDINARY

(3) In the caseof a sentence of imprisonment for a period not exceeding three months and passed under this Act by a Force Court, the appropriate officer inder sub-section (1) may direct that the sentence shall be carried out by confinement in Force custody instead of ina civil prison.

(4) On active duty, a sentence of imprisonment may be carried out by confinement in such place as the officer not below the rank ofAdditional Deputy Inspector-Generalwithin whose command the person sentenced is serving or any prescribed officer may from timeto timeappoint.

Temporary custody of convict i

136. Where a sentence of imprisonment is directed to be undergone in a civil prison, the convict maybe kept in Force custody or in any other fit place till such time as it is possible to send him to a civil prison.

Execution off sentence of imprisonment in special cases.

137. Whenever, in the opinion of an officer not below the rank ofAdditional Deputy Inspector-General within whose command the trial is held, any sentence or portion of a sentence of imprisonment cannot for special reasons conveniently be carried out in Force custodyin accordance with the provisions of section 135, such officer may direct that such sentence or portion of sentence shall be carried out by confinement in any civil prison or other fit place.

Conveyance of prispaer from place to place.

138.Aperson under sentence of imprisonment may during his conveyance from place to place or when on board a ship , aircraft, or otherwise, be subjected to such restraint as is necessary for his safe conduct and removal .

Communica liday of certain ordets to prison officers .

139. Whenever an order is duly made under this Act setting aside or varying any sentence, order or warrant under which any person is confined in a civil prison, a warrant in accordancewith such order shallbe forwarded by the officer making the order of his staff officer or such other person as may be prescribed , to the officer in charge of the prison in which such person-is confined.

Recovery of fine

2 of 1974.

140. When a sentence of fine is imposed by a Force Court under section49, a copy of such sentence signed and certified by the confirming officer , or where no confirmation is required, by the officer holding the trial may be sent to any magistrate in India, and such magistrate shall thereupon cause the fine to be recovered in accordance with the provisions ofthe Code ofCriminal Procedure , 1973 , as if it were a sentence of fine imposed by such magistrate.

laformality or cmel in order of warrant.

141. Whenever any person is sentenced to imprisonment under this Act, and is undergoing the sentence in any place or manner in which he might be confined under a lawful order or warrant in pursuance ofthis Act, the confinement ofsuch person shall not be deemed to be illegal only by reason of informality or error in, or as respects the order,warrant or other document, or the authority by which , or in pursuance whereof such person was brought into, or, is confined in any such place , and any such order, wardant ordocument may be amended accordingly.

Pardon and rensission

142. When any person subject to this Act has been convicted by a Force Court ofany offence, the Central Government or the Director-General or, in the case of a sentence , which hecouldhave confirmed or which did not require confirmation, an officer not below the rank ofAdditional Deputy Inspector-General within whose command such person at the time of conviction was serving, or the prescribed officer may,-

(a) either with or without conditions which the person sentenced accepts , pardon theperson or remit the whole or any part of the punishments avtarded; or

(6) mitigate the punishment awarded; or

(d) either with or without conditions which the person sentenced accepts, release the person on parole.

THE GAZETTE OF INDIA EXTRAORDINARY

SBC.1 ]

Cracellation of conditional pardons, releasetele on parole or remission, 143.( 1) Ifany condition on which a person has been pardoned or released on parole or a punishment has been remitted is, in the opinion of the authority which granted the pardon, relesise or remission, not fulfilled, such authority may cancel the pardon , release or remission, and thereupon the sentence ofthe Court shall be carried into effect as if such pardon, release or remission had not been granted.

(2)A person whose sentence of imprisonment is carried into effect under the provisions ofsub-section ( 1 ) shall undergo such imprisonment only for the unexpired portion ofhis sentence .

Suspension of sentence of imprisonment.

144. ( 1) Where a person subject to this Act is sentenced by a Force Court 10 imprisonment, the Central Government, the Director-General or any officer empowered to convene a General Force Court may suspend the sentence whether or not the offender has already been committed to prison or to Force custody,

(2) The authorityor officer specified in sub- section (1) may, In the case ofan offender so sentenced direct that until the orders of such authority or officer have been obtained, the offender shall not be committed to prison or to Force custody.

(3) The powers conferred by sub- sections ( 1) and (2) may be exercised in the case of any such sentence which has been confirmed, reduced or commuted.

Orders peading suspension of sestonec.

145.(1) Where the sentence referred to in section 144 is imposed by a Force Court other than a Summary Force Court , the confirming officer maty , when confirming the sentence, direct that the offender be not committed to prison or to Force custody until the orders ofthe authorityor officer specified in section 144 have been obtained.

(2)Where & sentence of imprisonment is imposed by a Summary Force Court, the officer holding the trial may make the direction referred to in sub-tection(1).

146. Where a sentence is suspended under section 144, the offender shall forthwith be released from custody.

Relouse on suspension of SCREENCO .

147.Any period during which the sentence is under suspension shalt be reckoned as part of the term ofsuch sentence,

Computation ofperiod of scntcape .

148.Theauthority or officer specified in section 144 may, at any time while a sentence is suspended, order-

Onder after suspension of sentence.

(a) that the offender be committed to undergo the unexpired portion of the sentence; or

(b) that the sentence be remitted.

Reconsidere tion of case Non of 149.(1)Where a sentence has been suspended, the case may at any time , and shall at intervals ofnot more than four months, be reconsidered by the authority or officer not below the rank of an Additional Deputy Inspector-General duly authorised by the authority or officer specified in section144.

(2)Where on such reconsideration by the officer so authorised, it appearsto him that the conduct of offender since his conviction has been such as to justify a remission ofsentence, he shall refer the matter to the authority or officer specifiedin section 144.

154. Where an offender, while a sentence on him is suspended under this Act, is sentenced for any other offence, thet

Prosk sentence after roporsise.

(a) ifthe further sentence is also suspended under this Act, the two sentences shall run concurrently,

(5) ifthe farther sentence is for a period of three months or more and is not uspended under this Act, the offender shall also be committed to prisos or Force 34

THE GAZETTE OF INDIA EXTRAORDINARY

[PART I

custody for the unexpired portion of the previous sentence, but both sentences shall run concurrently; and

(c) if the further sentence is for a period of less than three months and is not suspended under this Act, the offender shall be so committed on that sentence only, and the previous sentence shall , subject to any order which may be passed under section 148 or section 149, continue to be suspended.

151.The powers conferred by sections 144 and 148 shall be in addition to, and not in derogation of, the power ofmitigation, remission and commutation.

Scope of power of suspension of sentence.

152. ( 1 ) Where in addition to any other sentence the punishment of dismissal has been awarded by a Force Court , and such other sentence is suspended under section 144, then, such dismissal shall not take effect until so orderedby the authority or officer specified in section 144.

Effect of suspensión and remission of sentence on dismissal.

(2) If such other sentence is remitted under section 148, the punishment of dismissal shall also be remitted.

CHAPTER XI

MISCELLANEOUS

Powers and du- lies conforable and imposable on members of the Force.

153.( 1) The Central Government may, by general or special order published in the Official Gazette, direct that, subject to such conditions and limitatibus as may be specified in theorder, any member of the Force may exercise or discharge such of the powers or duties under any Central Act as may be specified in the said order , being the powers and duties which, in the opinion ofthe Central Government, an officer of the corresponding or lower rank is by such Central Act empowered to exercise or discharge for the said purposes.

(2)The Central Government may, by general or special order published in the Official Gazette, confer or impose , with the concurrence of the State Goveriment concerned, any of the powers or duties which may be exercised or discharged under a State Act by a police officer upon a member of the Force who , in the opinion of the Central Government, holda a corresponding or higher rank.

(3) Every order made under this section shall be laid, as soon as may be after it is made, before eachHouse of Parliament, while it is in session, for a total period ofthirty dayswhich maybe comprised in one session or in two or more successive sessions, and if, before the expiry ofthe session immediately following the session or the successive sessions aforesaid, bothHouses agree in making any modification in the order or both Houses agree that the order should not be made, the order shall thereafter have effect only in such modified formor be of no effect, as the case may be ; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order.

154.( 1) In any suit or proceeding against any member of the Force for any act done by him in pursuance of a warrant or order ofa competent authority, it shall the lawful for him to plead that such act was done by him under the authority of sudh warrant or order.

Protection foracts of kembers of the Force.

(2) Any such plea may be proved by the production ofthe warrant or order directing the act, and if it is so proved , the member of the Force shall thereupon be discharged from liability in respect ofthe act so done by him, notwithstanding artył defect in the jurisdiction ofthe authority which issued such warrant or order.

(3 ) Notwithstanding anything contained in any other law for the time being in force, any legal proceeding (whether civil or criminal) which may lawfully be brought againstany member ofthe Force for anything done or intended to be done wider the powers conferred bry, or in pursuance ofany provision of this Act or the rules , shall be commenced within three months after the act consplained ofwas committed and not otherwise, and notice inwritingof 35 SEC. 1 ]

THE GAZETTE OF INDIA EXTRAORDINARY

such proceeding and of the cause thereof shall be given to the defendant or his superior officer at least one month before the commencement of such proceeding.

Power to make

raks.

155. ( 1 ) The Central Government may, by notification, make rules for the purpose of carrying out the provisions of this Act.

(2) In particular, and without prejudice to the generality ofthe foregoing power, such rules may provide for-

(a) the manner of constitution of the Force and conditions of service of its members under section 4;

(6) superintendence, direction and control of the Force under section 5;

(d) the authority, to whom resignation to be submitted and the permission for withdrawal from duty to be obtained from , under section 8;

(e) the dismissal , removal and reduction in rank of persons under section 11 ;

the authorityand other matters required to be prescribed under section 13 ;

(g) the amount and the incidence of fine to be imposed under section 60;

(4) the manner and extent of deductions from pay and allowances and the authority there for under section 66;

(i) the procedure of investigation of an offence and the manner and period of detention of persons under section 70;

(j) the manner of making the report by the commanding officer in respect of delay in convening Force Court under section 71;

(k) the authority to appoint the court of inquiry and the manner of appointment thereof under section 74;

(1) the manner of convening Force Courts under section76;

(m) the persons by whom an accused may be defended in a trial and appeaгance ofsuch persons under section 91;

(n) the recruitment and conditions of service of the Judge Attorney-General , Deputy Judge Attorney- General , Additional Judge Attorney-General and Judge Attorneyunder section 95;

(o) the officer to annul proceedings ofthe Force Court under section 132; and

(p) any other matter which is to be, or may be, prescribed , or in respect ofwhich provision is tobe, or may be , made bythe rules.

(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session , for a total period ofthirtydayswhich maybe comprised in one session or in two or more successive sessions, and if, before the expiry ofthe session immediately following the session or the successive sessions aforesaid, bothHouses agree in making any modification in the rule or bothHouses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, asthe case may be; so , bowever, that any such modification orannulmetit shallbe without prejudice to the validity of anything previously done under that rule.

156.(1)TheSashastra Seema Bal in existence at the cothriencement of this Act shall Provisions be deemed to be the Force constituted under thisAct.

so existing Seshasta Som Bel .

(2) The members ofthe Sashastra Seema Bal in existence at the commencement ofthis Act shallbe deemed to have been appointed or , as the case may be, carolled as such under thisAct.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II-SBC. 1 ]

(3) Anything done or any action taken before the commencentent of this Act in relation to the constitution of the Sashastra Seema Bal referred to ia sub-section ( 1), in relation to any person appointed or enrolled, as the case maybe, thereto, shall be as valid and as effective in law as if such thing or action was done or taken under thisAct:

Provided that nothing in this sub- section shall render any person guilty of any offence in respect ofanything done or omitted to be done by him before the commencement of this Act.

K.N. CHATURVEDI, Secy, to theGovt. ofIndia.

PRINTED BY THE MANAGER, GOVT . OF INDIA PESA, MEINTO ROAD , NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DBLED 2007 .

MGIPMRND-54033 (8-6)-27-12-2007.