THE SASHASTRA SEEMA BAL ACT, 2007
THE
SASHASTRA SEEMA BAL ACT, 2007
ARRANGEMENT
OF SECTIONS
CHAPTER
1
PRELIMINARY
SECTIONS
1. Short
title and commencement.
2.
Definitions.
3.
Persons subject to this Act.
CHAPTER
II
CONSTITUTION
OF THE FORCE AND CONDITIONS OF SERVICE OF THE MEMBERS OF THE FORCE
4. Constitution of the Force.
5. Control, direction, etc.
6. Enrolment. 7. Liability for
service outside India.
8. Resignation and withdrawal
from the post.
9. Tenure of service under the Act.
10. Termination of service by
Central Government.
11. Dismissal, removal or
reduction in rank by the Director- General and by other officers.
12. Certificate of termination of
service.
13. Restrictions respecting right to form
association, freedom of speech, etc.
14. Redressal of grievances of
persons other than officers.
15. Redressal of grievances of
officers. CHAPTER III OFFENCES
16. Offences in relation to enemy
and punishable with death.
17. Offences in relation to the
enemy and not punishable with death.
18. Offences punishable more
severely on active duty than at other times.
19. Mutiny.
20. Desertion and aiding
desertion.
21. Absence without leave.
22. Striking or threatening
superior officer.
23. Disobedience to superior officer.
24. Insubordination and
obstruction.
25. False information on
enrolment.
26. Unbecoming conduct.
27. Certain forms of disgraceful
conduct.
28. Ill-treating a subordinate.
29. Intoxication.
30. Permitting escape of person
in custody.
31. Irregularity in connection
with arrest or confinement.
32. Escape from custody.
33. Offences in respect of
property.
34. Extortion and exaction.
35. Making away with equipment.
36. Injury to property, etc.
37. False accusations.
38. Falsifying official documents
and false declarations.
2
SECTIONS
39. Signing in blank and failure
to report.
40. Offences relating to Force
Court.
41. False evidence.
42. Unlawful detention of pay.
43. Violation of good order and
discipline.
44. Miscellaneous offences.
45. Attempt.
46. Abetment of offences that have been
committed.
47. Abetment of offences punishable with death
and not committed.
48. Abetment of offences
punishable with imprisonment and not committed.
49. Civil offences.
50. Civil offences not triable by
a Force Court.
CHAPTER
IV PUNISHMENT
51. Punishment by Force Courts.
52. Alternative punishments by
Force Courts.
53. Combination of punishments.
54. Retention in the Force of a
person convicted on active duty.
55. Punishments otherwise than by
Force Courts.
56. Minor punishments.
57. Limit of punishments under
section 56.
58. Punishment of persons of or
below the rank of Commandant by Inspector-General and others.
59. Cancellation, variation or
remittance of sentence.
60. Collective fines.
CHAPTER
V DEDUCTIONS FROM PAY AND ALLOWANCES
61. Deductions from pay and allowances of
persons subject to this Act.
62. Pay and allowances during
trial.
63. Limit of certain deductions.
64. Deduction from public money
due to a person.
65. Pay and allowances of
prisoner of war during inquiry into his conduct.
66. Remission of deductions.
67. Provision for dependants of
prisoner of war from his remitted deductions and pay and allowances.
68. Period during which a person
is deemed to be a prisoner of war.
CHAPTER
VI ARREST AND PROCEEDINGS BEFORE TRIAL
69. Custody of offenders.
70. Duty of commanding officer in
regard to detention.
71. Interval between committal
and trial.
72. Arrest by civil authorities.
73. Capture of deserters.
74. Inquiry into absence without
leave.
75. Force Police Officers.
3
CHAPTER VII FORCE COURTS SECTIONS
76. Kinds of Force Courts.
77. Power to convene a General
Force Court.
78. Power to convene a Petty
Force Court.
79. Warrants issued under
sections 77 and 78.
80. Composition of a General
Force Court.
81. Composition of a Petty Force
Court.
82. Summary Force Court.
83. Dissolution of a Force Court.
84. Powers of a General Force
Court.
85. Powers of a Petty Force
Court.
86. Powers of a Summary Force
Court.
87. Prohibition of second trial.
88. Period of limitation for
trial.
89. Trial, etc., of offender who
ceases to be subject to this Act.
90. Application of Act during
term of sentence.
91. Place of trial, etc.
92. Choice between criminal court
and Force Court.
93. Power of criminal court to
require delivery of offender.
CHAPTER
VIII PROCEDURE OF FORCE COURTS
94. Presiding officer.
95. Judge Attorneys.
96. Objections.
97. Oath of members, Judge
Attorneys and witnesses.
98. Voting by members.
99. General rule as to evidence.
100. Judicial notice. 101.
Summoning of witnesses.
102. Documents exempted from
production.
103. Commission for examination
of witnesses.
104. Examination of a witness on
commission.
105. Conviction for offences not
charged.
106. Presumption as to
signatures.
107. Enrolment paper.
108. Presumption as to certain
documents.
109. Reference by accused to
Government officer.
110. Evidence of previous
convictions and general character.
111. Lunacy of accused.
112. Subsequent fitness of
lunatic accused for trial.
113. Transmission to Central
Government of order under section 112.
114. Release of lunatic accused.
115. Delivery of lunatic accused
to relatives.
116. Order for custody and
disposal of property pending trial.
117. Order for disposal of
property regarding which offence is committed.
118. Powers of Force Court in relation
to proceedings under this Act.
119. Tender of pardon to
accomplices.
120. Trial of person not
complying with conditions of pardon.
CHAPTER IX CONFIRMATION AND REVISION OF PROCEEDINGS SECTIONS
121. Finding and sentence not
valid unless confirmed.
122. Power to confirm finding and
sentence of General Force Court.
123. Power to confirm finding and
sentence of Petty Force Court.
124. Limitation of powers of
confirming authority.
125. Power of confirming
authority to mitigate, remit or commute sentences.
126. Confirming of findings and
sentences on board a ship.
127. Revision of finding or
sentence.
128. Finding and sentence of a
Summary Force Court.
129. Transmission of proceedings
of Summary Force Court.
130. Alteration of finding or
sentence in certain cases.
131. Petition against order,
finding or sentence of Force Court.
132. Annulment of proceedings.
CHAPTER
X EXECUTION OF SENTENCES, PARDONS, REMISSIONS, ETC.
133. Execution of sentence of
death.
134. Commencement of sentence of
imprisonment.
135. Execution of sentence of
imprisonment.
136. Temporary custody of
convict.
137. Execution of sentence of
imprisonment in special cases.
138. Conveyance of prisoner from
place to place.
139. Communication of certain
orders to prison officers.
140. Recovery of fine.
141. Informality or error in
order or warrant.
142. Pardon and remission.
143. Cancellation of conditional
pardons, release on parole or remission.
144. Suspension of sentence of
imprisonment.
145. Orders pending suspension of
sentence.
146. Release on suspension of
sentence.
147. Computation of period of
sentence.
148. Order after suspension of
sentence.
149. Reconsideration of case
after suspension of sentence.
150. Fresh sentence after
suspension.
151. Scope of power of suspension
of sentence.
152. Effect of suspension and
remission of sentence on dismissal.
CHAPTER
XI MISCELLANEOUS
153. Powers and duties
conferrable and imposable on members of the Force.
154. Protection for acts of
members of the Force.
155. Power to make rules.
156. Provisions as to existing
Sashastra Seema Bal.
THE
SASHASTRA SEEMA BAL ACT, 2007 ACT NO. 53 OF 2007 [20th December, 2007.]
An
Act to provide for the constitution and regulation of an armed force of the
Union for ensuring the security of the borders of India and for matters
connected therewith. BE it enacted by Parliament in the Fifty-eighth Year of
the Republic of India as follows:–
CHAPTER
I PRELIMINARY
1.
Short title and commencement.–(1) This Act may be called the Sashastra Seema
Bal Act, 2007. (2) It shall come into force on such date1 as the Central
Government may, by notification, in the Official Gazette, appoint. 2.
Definitions.–(1) In this Act, unless the context otherwise requires,– (a)
"active duty", in relation to a person subject to this Act, means any
duty as a member of the Force during the period in which such person is
attached to, or forms part of, a unit of the Force– (i) which is engaged in
operations against any enemy, or (ii) which is operating at a picket or engaged
on patrol or other guard duty 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 persons subject to this Act may be serving; (b) "battalion" means
a unit of the Force constituted as a battalion by the Central Government; (c)
"civil offence" means an offence which is triable by a criminal
court; (d) "civil prison" means any jail or place used for the
detention of any criminal prisoner under the Prisons Act, 1894 (9 of 1894), or
under any other law for the time being in force; (e) "commanding
officer" means a Commandant or any officer for the time being 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 or the rules
made thereunder; (f) "criminal court" means a court of ordinary
criminal justice in any part of India constituted under the Code of Criminal
Procedure, 1973 (2 of 1974); (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; (h) "Director-General" and "Additional
Director-General" mean respectively the Director-General and an Additional
Director-General of the Force appointed under section 5; (i) "enemy"
includes all mutineers, armed rebels, armed rioters, pirates, terrorists and
any person in arms against whom it is the duty of any person subject to this
Act to take action; (j) "enrolled person" means an under-officer or
other person enrolled under this Act; (k) "Force" means the Sashastra
Seema Bal; (l) "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; (n) "Inspector-General" means the
Inspector-General of the Force appointed under section 5; (o) "Judge
Attorney-General", "Additional Judge Attorney-General",
"Deputy Judge AttorneyGeneral" and "Judge Attorney" mean
respectively the Judge Attorney-General, an Additional Judge Attorney-General,
a Deputy Judge Attorney-General and a Judge Attorney of the Force appointed
under sub-section (2) of section 95;
1. 1st August, 2009, vide notification No.
S.O. 1871(E), dated 31st July, 2009, see Gazette of India, Extraordinary, Part
II, Sec. 3(ii). 6 (p) "member of the Force" means an officer, a
subordinate officer, an under-officer or other enrolled person; (q) "notification"
means a notification published in the Official Gazette; (r) "offence"
means any act or omission punishable under this Act and includes a civil
offence; (s) "officer" means a person appointed or in pay as an
officer of the Force, but does not include a subordinate officer or an
under-officer; (t) "prescribed" means prescribed by rules made under
this Act; (u) "rule" means a rule made under this Act; (v)
"subordinate officer" means a person appointed or in pay as a Subedar
Major 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– (i) any member of the Force to whose command such person is
for the time being subject in accordance with the rules; (ii) any officer of a
higher rank 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 under-officer of
higher rank, class or grade; (x) "under-officer" means a Head
Constable of the Force; (y) "unit" includes– (i) any body of officers
and other members of the 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; (iii) any other separate body
of persons composed wholly or partly of persons subject to this Act and
specified as a unit by the Central Government. (2) All words and expressions
used and not defined in this Act but defined in the Indian Penal Code (45 of
1860), the Army Act, 1950 (46 of 1950) or the National Security Guard Act, 1986
(47 of 1986), shall have the same meanings respectively assigned to them in
that Code or those Acts. (3) In this Act, references to any law not in force in
the State of Jammu and Kashmir shall be construed as references to the
corresponding law in force in that State. 3. Persons subject to this Act.–(1)
The following persons appointed (whether on deputation or in any other manner)
in the Force shall be subject to this Act, wherever they may be, namely:– (a)
officers and subordinate officer; and (b) under-officers and other persons
enrolled under this Act. (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:-
4. Constitution of the Force.–(1) There shall
be an armed force of the Union called the Sashastra Seema Bal for ensuring the
security of the borders of India and performing such other duties as may be
entrusted to it by the Central Government. (2) Subject to the provisions of
this Act, the Force shall be constituted in such manner as may be prescribed
and the conditions of service of the members of the Force shall be such as may
be prescribed. 7 5. Control, direction, etc.–(1) The general superintendence,
direction and control of the Force shall vest in, and be exercised by, the
Central Government and subject thereto and to the provisions of this Act and
the rules made in this behalf, the command and supervision of the Force shall
vest in an officer to be appointed by the Central Government as the
Director-General of the Force. (2) The Director-General shall, in the discharge
of his duties under this Act, be assisted by such number of Additional
Directors-General, Inspectors-General, Deputy Inspectors-General, Additional
Deputy Inspectors-General, Commandants and other officers, as may be appointed
by the Central Government. 6. Enrolment.–The persons to be enrolled to the
Force, the mode of enrolment and the procedure for enrolment shall be such as
may be prescribed. 7. Liability for service outside India.–Every member of the
Force shall be liable to serve in any part of India as well as outside India.
8. Resignation and withdrawal from the post.–No member of the Force shall be at
liberty,– (a) to resign his appointment during the term of his engagement; or
(b) 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.
Tenure of service under the Act.–Every person subject to this Act shall hold
office during the pleasure of the President. 10. Termination of service by
Central Government.–Subject to the provisions of this Act and the rules, the
Central Government may dismiss or remove from the service any person subject to
this Act. 11. Dismissal, removal or reduction in rank by the Director-General
and by other officers.–(1) The Director-General, or any Additional
Director-General or Inspector-General may dismiss or remove from the service or
reduce to a lower grade or rank any person subject to this Act other than an
officer. (2) An officer not below the rank of Deputy Inspector-General or any
prescribed officer may dismiss or remove from the service any person under his
command other than an officer or a subordinate officer of such rank as may be
prescribed. (3) Any such 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
subordinate officer. (4) The exercise of any power under this section shall be
subject to the provisions of this Act and the rules. 12. Certificate of
termination of service.–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, to whose command he is subject,
with a certificate in Hindi or English language setting forth – (a) the
authority terminating his service; (b) the cause for such termination; and (c)
the full period of his service in the Force. 13. Restrictions respecting right
to form association, freedom of speech, etc.–(1) No person subject to this Act
shall, without the previous sanction in writing of the Central Government or of
the prescribed authority,– (a) be a member of, or be associated in any way
with, any trade union, labour union, political association, or with any class
of trade unions, labour unions or political associations; or (b) be a member
of, or be associated in any way with, any society, institution, association or
organisation which is not recognised as part of the Force or is not of a purely
social, recreational or religious nature; or (c) communicate with the press or
publish or cause to be published any book, letter or other document except
where such communication or publication is in the bona fide discharge of his
duties 8 or is of a purely literary, artistic or scientific character or is of
a prescribed nature. Explanation.–If any question arises as to whether any
society, institution, association or organisation is of a purely social,
recreational or religious nature under clause (b) 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 in any
demonstration organised by any body of persons for any political purposes or
for such other purposes as may be prescribed. 14. Redressal of grievances of
persons other than officers.–(1) Any person subject to this Act other than an
officer who deems himself wronged by any superior or other officer may complain
to the officer under whose command he is serving. (2) When the officer
complained against is the officer to whom any complaint should, under
subsection (1), be preferred, the aggrieved person may complain to such
officer's next superior officer. (3) Every officer receiving any such complaint
shall make as complete an investigation into it as may be possible for giving
full redress to the complainant, or when necessary, refer the complaint to 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. 15. Redressal of grievances of officers.–Any officer who deems himself
wronged 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 himself entitled, may complain to
the Director-General or the Central Government through proper channel.
CHAPTER
III OFFENCES
16. Offences in relation to enemy and
punishable with death.–Any person subject to this Act who commits any of the
following offences, namely:– (a) shamefully abandons or delivers up any post,
place or guard, committed to his charge or which it is his duty to defend; or
(b) 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 force of the Union to abstain from acting against the enemy or to
discourage such person from acting against the enemy; or (c) in the presence of
the enemy, shamefully casts away his arms, ammunition, tools or equipment or
misbehaves in such manner as to show cowardice; or (d) treacherously holds
correspondence with, or communicates intelligence to, the enemy, terrorist or
any person in arms against the Union; or (e) directly or indirectly assists the
enemy or terrorist with money, arms, ammunition, stores or supplies or in any
other manner whatsoever; or (f) in time of active operation against the enemy
or terrorist, intentionally occasions a false alarm in action, camp, quarters,
or spreads or causes to be spread reports calculated to create alarm or
despondency; or (g) in time of action leaves his commanding officer or other
superior officer or his post, guard, picket, patrol or party without being
regularly relieved or without leave; or (h) having been captured by the enemy
or made a prisoner of war, voluntarily serves with or aids the enemy; or (i)
knowingly harbours or protects an enemy, not being a prisoner; or (j) being a
sentry in time of active operation against the enemy or alarm, sleeps upon his
post or is intoxicated; or 9 (k) knowingly does 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 any 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. Offences in relation to the enemy and not punishable
with death.–Any person subject to this Act who commits any of the following
offences, namely:– (a) is taken prisoner or captured by the enemy, by want of
due precaution or through disobedience of order, or willful neglect of duty, or
having been taken prisoner or so captured fails to rejoin his service when able
to do so; or (b) without due authority holds correspondence with, or
communicates intelligence to, the enemy or any person in league with the enemy
or having come by the knowledge of any such correspondence or communication,
wilfully omits to disclose it immediately to his commandant or other superior
officer, 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. 18. Offences punishable more severely
on active duty than at other times.–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 (b) breaks into any house or other place in
search of plunder; or (c) being a sentry, sleeps upon his post or is
intoxicated; or (d) without orders from his superior officer leaves his guard,
picket, patrol or post; or (e) intentionally or through neglect occasions a
false alarm in camp or quarters, or spreads or causes to be spread reports
calculated to create unnecessary alarm or despondency; or (f) makes known the
parole, watchword or countersign to any person not entitled to receive it; or
knowingly gives a parole, watchword or a countersign different from what he
received, shall, on conviction by a Force Court,– (i) if he commits any such
offence when on active duty, be liable to suffer imprisonment for a term which
may extend to fourteen years or such less punishment as is in this Act
mentioned; and (ii) if he commits any such offence when not on active duty, be
liable to suffer imprisonment for a term which may extend to seven years or
such less punishment as is in this Act mentioned. 19. Mutiny.–Any person
subject to this Act who commits any of the following offences, namely:– (a)
begins, incites, causes or conspires with any other person to cause any mutiny
in the Force or in the military, naval or air force of India or any forces
co-operating therewith; or (b) joins in any such mutiny; or (c) being present
at any such mutiny, does not use his utmost endeavours to suppress the same; or
(d) knowing or having reason to believe in the existence of any such mutiny, or
of any intention to mutiny or of any such conspiracy, does not, without delay,
give information thereof to his commanding officer or other superior officer;
or (e) endeavours to seduce any person in the Force or in the military, naval
or air force of India or any forces co-operating therewith from his duty or
allegiance to the Union, shall, on conviction by a Force Court, be liable to
suffer death or such less punishment as is in this Act mentioned. 10 20.
Desertion and aiding desertion.–(1) Any person subjectto this Act who deserts
or attempts to desert the service shall, on conviction by a Force Court,– (a)
if he commits the offence when 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 (b) if he commits the offence under any other circumstances, 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 who 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) Any person
subject to this Act who, being cognizant of any desertion or attempt at
desertion of a 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 a term which may extend to two years or such less
punishment as is in this Act mentioned. (4) For the purposes of this Act, a
person deserts,– (a) if he absents from his unit or the place of duty at any
time with the intention of not reporting back to such unit or place, or who, at
any time and under any circumstances when absent from his unit or place of
duty, does any act which shows that he has an intention of not reporting to
such unit or place of duty; (b) if he absents himself without leave with intent
to avoid any active duty. 21. Absence without leave.–Any person subject to this
Act who commits any of the following offences, namely:– (a) absents himself
without 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, to
which 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 of march, without sufficient cause or without
leave from his superior officer, quits the parade or line of march; or (f) when
in camp or elsewhere, is found beyond any limits fixed or in any place
prohibited, by any general, local or other order, without a pass or written
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 less punishment as is in this Act mentioned. 22. Striking or threatening superior
officer.–Any person subject to this Act who commits any of the following
offences, namely:– (a) uses criminal force to or assaults his superior officer;
or (b) uses threatening language to such officer; or (c) uses insubordinate
language to such officer, shall, on conviction by a Force Court,– (i) if such
officer is at the time in the execution of his office or, if the offence is
committed on active duty, be liable to suffer imprisonment for a term which may
extend to fourteen years or such less punishment as is in this Act mentioned;
and 11 (ii) in other cases, be liable to suffer imprisonment for a term which
may extend to ten years or such less punishment as is in this Act mentioned:
Provided that in the case of an offence specified in clause (c), the
imprisonment shall not exceed five years. 23. Disobedience to superior
officer.–(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 writing 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 command 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 punishment 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 this Act mentioned. 24. Insubordination and
obstruction.–Any person subject to this Act who commits any of the following
offences, namely:– (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 (b) uses
criminal force to, or assaults any person, whether subject to this Act or not,
in whose custody he is lawfully placed, and whether he is or is not his
superior officer; or (c) resists an escort whose duty it is to apprehend him or
to have him in charge; or (d) breaks out of barracks, camp or quarters; or (e)
neglects to obey any general, local or other order; or (f) impedes the Force
Police referred to in section 75 or any person lawfully acting on his behalf,
or when called upon, refuses to assist in the execution of his duty a Force
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 of the offences specified in clauses (d) or (e), to two years, and in
the case of the offences specified in the other clauses, to ten years, or in
either case such less punishment as is in this Act mentioned. 25. False
information on enrolment.–Any person having become subject to this Act who is
discovered to have knowingly given at the time of enrolment false information
to any question set forth in the prescribed form of enrolment which has been
put to him by the enrolling officer before whom he appears for the purpose of
being enrolled, shall, on conviction by a 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. 26. Unbecoming conduct.–Any officer or subordinate
officer who behaves in a manner unbecoming of his position and the character
expected of him shall, on conviction by a Force Court, be liable to be
dismissed or to suffer such less punishment as is in this Act mentioned. 27.
Certain forms of disgraceful conduct.–Any person subject to this Act who
commits any of the following offences, namely:– (a) is guilty of any
disgraceful conduct of a cruel, indecent or unnatural kind; or (b) 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
himself or any other person unfit for service, voluntarily causes hurt to
himself or that person, 12 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. 28. Ill-treating a subordinate.–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. 29. Intoxication.–(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 Force 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 of sub-section (1), a person shall be deemed to be in a
state of intoxication if, owing to the influence of alcohol or any drug whether
alone, or any combination with any other substance, he is unfit to be entrusted
with his duty or with any duty which he may be called upon to perform or,
behaves in a disorderly manner or in a manner likely to bring discredit to the
Force. 30. Permitting escape of person in custody.–Any person subject to this
Act who commits any of the following offences, namely:– (a) when in command of
a guard, picket, patrol, detachment or post, releases without proper authority,
whether wilfully or without reasonable excuse, any person committed to his
charge, or refuse to receive any prisoner or person so committed; or (b)
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, if he has acted wilfully, to suffer
imprisonment for a term which may extend to ten years or such less punishment
as is in this Act mentioned, and if he has not acted wilfully, to suffer
imprisonment for a term which may extend to two years or such less punishment
as is in this Act mentioned. 31. Irregularity in connection with arrest or
confinement.–Any person subject to this Act who commits any of the following
offences, namely:– (a) unnecessarily detains a person in arrest or confinement
without bringing him to trial, or fails to bring his case before the proper
authority for investigation; or (b) 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 the person arrested is commited,
an account in writing signed by himself of the offence with which the person so
committed is charged, shall, on conviction by a Force Court, be liable to
suffer imprisonment for a term which may extend to one year or such less
punishment as is in this Act mentioned. 32. Escape from custody.–Any person
subject to this Act, who, being in lawful custody, escapes or 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. Offences in respect of property.–Any person subject to
this Act who commits any of the following offences, namely:– (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 (b) dishonestly
misappropriates or converts to his own use any such property; or (c) commits
criminal breach of trust in respect of any such property; or (d) dishonestly
receives or retains any such property in respect of which any of the offences
under clauses (a), (b) and (c) has been committed, knowing or having reasons to
believe the commission of such offences; or (e) wilfully destroys or injures
any property of the Government entrusted to him; or 13 (f) 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 which may extend to ten years or such less
punishment as is in this Act mentioned. 34. Extortion and exaction.–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. Making away with equipment.–Any
person subject to this Act who commits any of the following offences, namely:–
(a) makes away with, or is concerned in making away with, any arms, ammunition,
equipment, instruments, tools, clothing or any other thing being the property
of the Government issued to him for his use or entrusted to him; or (b) loses
by neglect anything mentioned in clause (a); or (c) sells, pawns, destroys or
defaces any medal or decoration granted to him, 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. 36. Injury to property,
etc.–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 this Act; or (b) commits any act which causes
damage to, or destruction of, any property of the Government by fire; or (c)
kills, injures, makes away with, ill-treats or loses, any animal entrusted to
him, shall, on conviction by a Force Court, be liable, if he has acted
wilfully, to suffer imprisonment for a term which may extend to ten years or
such less punishment as is in this Act mentioned; and if he 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. 37. False
accusations.–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 to be false, or knowingly and wilfully suppresses any
material facts, 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. 38. Falsifying official documents and false
declarations.–Any person subject to this Act who commits any of the following
offences, namely:– (a) in any report, return, list, certificate, book or other
document made or signed by him, or of the contents of which it is his duty to
ascertain the accuracy, knowingly makes, or is privy to the making of, any
false or fraudulent statement; or 14 (b) in any document of the description
mentioned in clause (a) knowingly makes, or is privy to the making of, any
omission, with intent to defraud; or (c) knowingly and with intent to injure
any person, or knowingly and with 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 knowingly makes 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 heeither knows or believes to be 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, or by omitting
to make 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. Signing in blank and failure to report.–Any person subject to this Act who
commits any of the following offences, namely:– (a) when signing any document
relating to pay, arms, 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 or by 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. Offences relating to Force Court.–Any person subject to this Act
who commits any of the following offences, namely:– (a) being duly summoned or
ordered to attend as a witness before a Force Court, wilfully or without
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 (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) is guilty 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. 41. False evidence.–Any person subject
to this Act who, having been duly sworn or affirmed before any Force Court 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 not believe 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. 42. Unlawful detention of
pay.–Any officer, subordinate officer or an under-officer who, having received
the pay of a person subject to this Act unlawfully detains or refuses to pay
the same when due, shall, on conviction by a 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. 43. Violation of good order and discipline.–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 conviction by a Force Court, be liable to suffer imprisonment
for a term which may extend 15 to seven years or such less punishment as is in
this Act mentioned. 44. Miscellaneous offences.–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, fails to 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 (c)
attempts to commit suicide, and in such attempt does any act towards the
commission of such offence; 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, any town or bazaar, carrying a
rifle, sword or other offensive weapon; 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 (f) 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. 45. Attempt.–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 commission of the
offence shall, on conviction by a Force Court, where no express provision is
made by this Act for the punishment of such attempt, be liable,– (a) if the
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) if the 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. 46. Abetment of offences that
have been committed.–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, if the Act abetted is committed in consequence of
the abetment and no express provision is made by this Act 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. 47. Abetment of offences
punishable with death and not committed.–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
Force Court, if that offence be not committed in consequence of the abetment,
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. 48.
Abetment of offences punishable with imprisonment and not committed.–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 abetment, 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. 16 49. Civil offences.–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 by a 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 India with death, he shall be liable to suffer any punishment,
assigned for the offence, by the 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 the offence by the 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. 50. Civil offences not triable by a
Force Court.–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 this Act shall not be deemed to be guilty of an offence
under this Act and shall not be tried by a Force Court, unless he commits any
of the said offences– (a) while on active duty; or (b) at any place outside
India; or (c) at any place specified by the Central Government by notification,
in this behalf.
CHAPTER
IV PUNISHMENTS
51.
Punishment by Force Courts.–(1) Punishments may be inflicted in respect of
offences committed by persons subject to this Act and convicted by Force Courts
according to the scale following, namely:– (a) death; (b) imprisonment which
may be for the term of life or any other lesser term but excluding imprisonment
for a term not exceeding three months in Force custody; (c) dismissal or
removal from the service; (d) compulsory retirement from the service; (e)
imprisonment for a term not exceeding three months in Force custody; (f)
reduction to the ranks or to a lower rank or grade or a place in the list of
their 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 he was initially appointed; (h)
forfeiture of seniority of rank and forfeiture of all or any part of the
service for the purpose of promotion; (i) forfeiture of service for the purpose
of increased pay or pension; (j) fine, in respect of civil offences; (k) severe
reprimand or reprimand except in the case of persons below the rank of an
underofficer; (l) forfeiture of pay and allowances for a period not exceeding
three months for an offence committed on active duty; (m) forfeiture in the
case of person sentenced to dismissal from the service of all arrears of pay
and allowances and other public money due to him at the time of such dismissal;
(n) stoppage of pay and allowances until any proved loss or damage occasioned
by the offence for which he is convicted is made good. 17 (2) Each of the
punishments specified in sub-section (1) shall be deemed to be inferior in
degree to every punishment preceding it in the above scale. 52. Alternative
punishments by Force Courts.–Subject to the provisions of this Act, a Force
Court may, on convicting a person subject to this Act of any of the offences
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, any one of the punishments lower in the scale
set out in section 51 regard being had to the nature and degree of the offence.
53. Combination of punishments.–A Force Court may award in addition to, or
without, any other punishment, the punishment specified in clause (c) of
sub-section (1) of section 51 or any one or more of the punishments specified
in clauses (f) to (n) of that sub-section. 54. Retention in the Force of a
person convicted on active duty.–When on active duty an enrolled person has
been sentenced by a Force Court to imprisonment whether combined with dismissal
or not, the prescribed officer may direct that such person may be retained to
serve in the ranks, and such service shall be reckoned as part of his term of
imprisonment. 55. Punishments otherwise than by Force Courts.–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, 58 and 59. 56. Minor punishments.–(1) Subject to the provisions of section
57, a commanding officer of and above the rank of Commandant 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; (b) detention up to twenty-eight days; (c) confinement to the lines up to
twenty-eight days; (d) extra guards or duties; (e) deprivation of any special
position or special emoluments or any acting rank; (f) severe reprimand or
reprimand; (g) fine up to fourteen days' pay in any one month; (h) 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) If any unit, training centre
or other establishment of the Force is being temporarily commanded by an
officer of the rank of Second-in Command or Deputy Commandant, such officer
shall have full powers of a commanding officer specified 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 to 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 punishments
specified in clauses (a) to (d) and (h) of sub-section (1) provided that the
maximum limit of punishment awarded under each of the clauses (a), (b) and (c)
shall not exceed fourteen days. (4) A subordinate 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 of the
punishments specified under clauses (c) and (d) of sub-section (1) provided
that the maximum limit of punishment awarded under clause (c) shall not exceed
fourteen days. 57. Limit of punishments under section 56.–(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) of section 56, the punishments specified in clause (c)
or clause (d) shall take effect only at the end of the punishment specified in
clause (a) or clause (b). 18 (2) When two or more of the punishments specified
in clauses (a), (b) and (c) of sub-section (1) of section 56 are awarded to a
person conjointly, or when already undergoing one or more of the said
punishments, the whole extent of the punishments shall not exceed in the
aggregate forty-two days. (3) The punishments specified in clauses (a), (b) and
(c) of sub section (1) of section 56 shall not be awarded to any person who is
of the rank of an under-officer or was, at the time of committing the offence
for which he is punished, of such rank. (4) The punishment specified in clause
(f) of sub-section (1) of section 56 shall not be awarded to any person below
the rank of an under-officer. 58. Punishment of persons of or below the rank of
Commandant by Inspector-General and others.–(1) An officer not below the rank
of Inspector-General may, in the prescribed manner, proceed against an officer
of or below the rank of Commandant who is charged with an offence under this
Act and award one or more of the following punishments, namely:– (a) forfeiture
of seniority, or in the case of any of them whose promotion depends upon 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 of which he is convicted. (2)
An officer not below the rank of Additional Deputy Inspector-General may, in
the prescribed manner, proceed against a person of or below the rank of
Subedar-Major or Inspector who is charged with an offence under this Act and
award one or more of the following punishments, namely:– (a) forfeiture of
seniority, or in the case of any of them 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 of which he is
convicted. (3) An officer not below the rank of Commandant may, in the
prescribed manner, proceed against a person of or 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. 59. Cancellation, variation or remittance of
sentence.–(1) In every case 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, if the 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 (1), a "superior authority"
means,– (a) any officer superior in command to such officer who has awarded the
punishment; (b) in the case of punishment awarded by Director-General, the
Central Government. 60. Collective fines.–(1) Whenever any weapon or part of
weapon or ammunition, forming part of the equipment 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 of
such 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 of the pay of the individuals on whom it falls.
CHAPTER
V DEDUCTIONS FROM PAY AND ALLOWANCES
61.
Deductions from pay and allowances of persons subject to this Act.–(1) The
following deductions may be made from the pay and allowances of an officer,
namely:– (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 section 58; (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; (d) 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 Court by whom
he is convicted of such offence or by an officer exercising authority under
section 58; (e) all pay and allowances ordered by Force Court; (f) any sum
required to be paid as fine awarded by a criminal court or a Force Court; (g)
any sum required to make good any loss, damage or destruction of public or
Force property which, 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 act or negligence on the part of the officer; (h) all pay and
allowances forfeited by order of the Central Government if the officer is found
by a court of inquiry constituted by the Director-General in this behalf, to
have 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 himself to be taken prisoner by the enemy through want of due
precaution or through disobedience of orders or wilful neglect of duty, or
having been taken prisoner by the enemy, to have failed to rejoin his service
when it was possible to do so; (i) any sum required by order of the Central
Government to be paid for the maintenance of his 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. (2) Subject to the provisions of
section 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 of absence either on desertion or without leave or as
a prisoner of war unless a satisfactory explanation has been given and accepted
by his commanding officer and for every day of imprisonment awarded by a
criminal court, Force Court or an officer exercising authority under section
56; (b) all pay and allowances for every day while he is in custody on a charge
for an offence of which he is afterwards convicted by a criminal court or Force
Court or on a charge of absence without leave for which he is afterwards
awarded imprisonment by an officer exercising authority under section 56; (c)
all pay and 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 an offence under this Act committed by him; (d) all pay and 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 of the Director-General;
(e) all pay and allowances ordered by Force Court or by an officer exercising
authority under any of the sections 56 and 58 to be forfeited or stopped; 20
(f) 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 enemy; (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 may be awarded by his commanding
officer; (h) any sum required to pay a fine awarded by a criminal court, Force
Court exercising jurisdiction under section 49 or an officer exercising
authority under any of the sections 56 and 60; (i) any sum required by order of
the Central Government or any prescribed officer to be paid for the maintenance
of his 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 any duty 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, midnight may be reckoned as a day. 62. Pay and allowances
during trial.–In the case of any 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 the whole or any part of the pay and allowances of such
person shall be withheld, pending the result of his trial on the charge against
him, in order to give effect to the provisions of clause (b) of sub-sections
(1) and (2) of section 61. 63. Limit of certain deductions.–The total
deductions from the pay and allowances of a person made under clauses (e) and
(g) to (i) 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 of his pay
and allowances for that month. 64. Deduction from public money due to a person.–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. 65. Pay and
allowances of prisoner of war during inquiry into his conduct.–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. 66. Remission of deductions.–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 from time to time be
prescribed. 67. Provision for dependants of prisoner of war from his remitted
deductions and pay and allowances.–(1) In the case of all persons subject to
this Act, being prisoners of war, whose pay and allowances have been forfeited
under clause (h) of sub-section (1) or clause (a) of sub-section (2) of section
61 but in respect of whom a remission has been made under section 66, it shall
be lawful for the Central Government 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 only to the balance thereafter remaining of such
pay and allowances. 21 (2) It shall be lawful for the Central Government or the
Director General, when so authorised by the Central Government, to make
provisions for any dependants of any person subject to this Act who is a
prisoner of war, or is missing, in respect of his pay and allowances. 68.
Period during which a person is deemed to be a prisoner of war.–For the
purposes of section 67, a person shall be deemed to continue to be a prisoner
of war until the conclusion of any inquiry into his conduct such as is referred
to in section 65 and if he is dismissed from the service in consequence of such
conduct, until the date of such dismissal.
CHAPTER
VI ARREST AND PROCEEDINGS BEFORE TRIAL
69.
Custody of offenders.–(1) Any person subject to this Act who is charged with
any offence may be taken into Force custody under the order of any 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, if he engages in a quarrel, affray or disorder. 70. Duty
of commanding officer in regard to detention.–(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 reported to 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 of every person being detained in custody beyond a period
of forty-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 Force 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. 71. Interval between committal and trial.–In every case where 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 shall
be made by his commanding officer in the manner prescribed, and a similar
report shall be forwarded at intervals of every eight days until a Force Court
is convened or such person is released from custody. 72. Arrest by civil
authorities.–Whenever any person, subject to this Act, who is accused of an
offence 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 of a written application
to that effect signed by his commanding officer or an officer authorised by the
commanding officer in that behalf. 73. Capture of deserters.–(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 towards
the capture of the deserter; and such authorities shall thereupon take steps
for the apprehension of the said deserter in like manner as if he were a person
for whose apprehension a warrant had been issued by a magistrate, and shall
deliver the deserter, when apprehended, into Force custody. (2) Any police
officer may arrest without warrant any person reasonably believed to be subject
to this Act, 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
according to law. 74. Inquiry into absence without leave.–(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 by such 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 of the absence of the person, and the 22 deficiency, if any,
in the property of the Government entrusted to his 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) If the person declared absent does not afterwards surrender or is not
apprehended, he shall, for the purposes of this Act, be deemed to be a deserter.
75. Force Police Officers.–(1) The Director-General or any prescribed officer
may appoint persons (in this Act 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 of the
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.
CHAPTER
VII FORCE COURTS
76.
Kinds of Force Courts.–For the purposes of this Act, there shall be three kinds
of Force Courts, namely :– (a) General Force Courts; (b) Petty Force Courts;
and (c) Summary Force Courts, which shall be convened in the manner prescribed.
77. Power to convene a General Force Court.–A General Force Court may be
convened by the Central Government or the Director- General or by any officer
empowered in this behalf by warrant of the Director-General. 78. Power to
convene a Petty Force Court.–A Petty Force Court may be convened by an officer
having power to convene a General Force Court or by an officer empowered in
this behalf by warrant of any such officer. 79. Warrants issued under sections
77 and 78.–A warrant issued under section 77 or section 78 may contain such
restrictions, reservations or conditions as the officer issuing it may think
fit. 80. Composition of a General Force Court.–A General Force Court shall
consist of not less than five officers. 81. Composition of a Petty Force
Court.–A Petty Force Court shall consist of not less than three officers. 82.
Summary Force Court.–(1) A Summary Force Court may be held by the commanding
officer of any 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. 83. Dissolution of a Force Court.–(1) If a Force Court
after the commencement of a trial is reduced below the minimum number of officers
required by this Act, it shall be dissolved. 23 (2) If, on account of the
illness of the concerned Judge Attorney or, as the case may be, Deputy Judge
Attorney-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 of the service or necessities
of discipline render it impossible or inexpedient to continue the said Force
Court. (4) Where a Force Court is dissolved under this section, the accused may
be tried again. 84. Powers of a General Force Court. –A General 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. 85. Powers
of a Petty Force Court.–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 imprisonment for a term exceeding
two years. 86. Powers of a Summary Force Court.–(1) Subject to the provisions
of sub-section (2), a Summary Force Court may try any offence punishable under
this Act. (2) When there is no grave reason for immediate action and reference
can without detriment to discipline be made to the officer empowered to convene
a Petty Force Court for the trial of the alleged offender, an officer holding a
Summary Force Court shall not try without such reference any offence punishable
under any of the 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 of the officer holding the Court, except an officer
or a subordinate officer. (4) A Summary Force Court may pass any sentence which
may be passed under this Act, except the sentence of death or of imprisonment
for a term exceeding the limit specified in sub-section (5). (5) The limit
referred to in sub-section (4) shall be,– (a) one year, if the officer holding
the Force Court holds the rank not below that of a Commandant; (b) three
months, in any other case. 87. Prohibition of second trial.–(1) When any
person, subject to this Act has been acquitted or convicted of an offence by a
Force Court or by a criminal court or has been dealt with under section 56 or
section 58, he shall not be liable to be tried again for the same offence by a
Force Court or 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 or section 58, he shall not be liable to
be tried again by a criminal court for the same offence or on the same facts.
88. Period of limitation for trial.–(1) Except as provided by sub-section (2),
no trial by a Force Court of any person subject to this Act for any offence
shall be commenced after the expiration of a period of three years from the
date of such offence. (2) The provisions of sub-section (1) shall not apply to
a trial for an offence of desertion or for any of the 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 of the offence, shall be excluded. 89. Trial, etc., of offender who
ceases to be subject to this Act.–(1) Where an offence under this Act had been
committed by 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 if he continued to be so subject. (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: 24 Provided that nothing contained in
this sub-section shall apply to the trial of any such person for an offence of
desertion or for any of the offences mentioned in section 19 or shall affect
the jurisdiction of a criminal court to try any offence triable by such court
as well as by a Force Court. 90. Application of Act during term of
sentence.–(1) When a person subject to this Act is sentenced by a Force Court
to imprisonment, this Act shall apply to him during the term of his sentence,
though he is dismissed from the Force, or has otherwise ceased to be subject to
this Act, and he may 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 apply to him till the
sentence is carried out. 91. Place of trial, etc.–(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. 92.
Choice between criminal court and Force Court.–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 the Additional Deputy
Inspector-General within whose command the accused person is serving or such
other officer as may be prescribed, to decide before which court the
proceedings shall be instituted, and if that 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. 93. Power of criminal court to require
delivery of offender.–(1) When a criminal court having jurisdiction is of
opinion that proceedings shall be instituted before itself in respect of any
alleged offence, it may, by written notice, 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 compliance with
the requisition, or shall forthwith refer the question as to the court before
which the proceedings are to be instituted, for the determination of the Central
Government whose order upon such reference shall be final.
CHAPTER
VIII PROCEDURE OF FORCE COURTS
94.
Presiding officer.–At every General Force Court or Petty Force Court, the
senior member shall be the presiding officer. 95. Judge Attorneys.–(1) Every
General Force Court shall, and every Petty Force Court may be attended by a
Judge Attorney or a Deputy Judge Attorney-General or an Additional Judge
AttorneyGeneral, or, if no such officer is available, an officer approved by
the Judge Attorney- General or by any officer authorised in this behalf by the
Judge Attorney-General. (2) The recruitment and conditions of service of Judge
Attorney- General, Additional Judge AttorneyGeneral, Deputy Judge
Attorney-General and Judge Attorney shall be such as may be prescribed. 96.
Objections.–(1) At all trials by a General Force Court or by a Petty Force
Court, as soon as the Court is assembled, the names of the presiding officer
and members shall be read over to the accused, who shall thereupon be asked
whether he objects to being tried by any officer sitting on the Court. (2) If
the accused objects to such officer, his objection and also the reply thereto
of the officer objected to shall be heard and recorded, and the remaining
officers of the Court shall, in the absence of the challenged officer decide on
the objection. (3) If the objection is allowed by 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 vacancy may be filled in the
prescribed manner, by another officer subject to the same right of the accused
to object. 25 (4) When no objection is made, or when an objection has been made
and disallowed, 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. Oath of members, Judge Attorneys and witnesses.–(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 Judge Attorney-General or the Additional Judge Attorney-General or
the officer approved under section 95, before the commencement of the trial.
(2) Every person 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. 98. Voting by members.–(1) Subject to the provisions of
sub-sections (2) and (3), every decision of a Force Court shall be passed by an
absolute majority of votes; and where there is an equality of votes 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 of at least two-thirds of the members of the Court. (3) In matters
other than an objection or the finding or sentence, the presiding officer shall
have a casting vote. 99. General rule as to evidence.–The Indian Evidence Act,
1872 (1 of 1872), shall, subject to the provisions of this Act, apply to all
proceedings before a Force Court. 100. Judicial notice.–A Force Court may take
judicial notice of any matter within the general knowledge of the members as
officers of the Force. 101. Summoning of witnesses.–(1) The convening officer
or the presiding officer of a Force 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 of the accused person may, by summons under his hand, require the
attendance, at a time and place to be 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 within whose
jurisdiction he may be, or resides, and such magistrate shall give effect to
the summons as if the witness were required in the court of such a magistrate.
(4) When a witness is required to produce any particular or other thing in his
possession or power, the summons shall describe it with reasonable precision.
102. Documents exempted from production.–(1) Nothing in section 101 shall be
deemed to affect the operation of sections 123 and 124 of the Indian Evidence
Act, 1872 (1 of 1872), or to apply to any letter, postcard, telegram or other
document in the custody of the postal or telegraph authorities. (2) If any
document in such custody is, in the opinion of any District Magistrate, Chief
Metropolitan Magistrate, Chief Judicial Magistrate, Court of Sessions or High
Court wanted for the purpose of any Force Court, such Magistrate or Court may
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
of Police 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, Chief Metropolitan Magistrate, Chief Judicial
Magistrate, Court of Sessions or High Court. 26 103. Commission for examination
of witnesses.–(1) Whenever, in the course of a trial by a Force Court, it
appears to the Court that the examination of a witness is necessary for the
ends of justice, and that the attendance of such witness cannot be procured
without an amount of delay, expense or inconvenience which, in the
circumstances of the case, would be unreasonable, such Court may address the
Judge Attorney-General in order that a commission to take the evidence of such
witness may be issued. (2) The Judge Attorney-General may then, if he thinks
necessary, issue a commission to any Metropolitan Magistrate or Judicial
Magistrate of the first class, within the local limits of whose jurisdiction
such witness resides, to take the evidence of such witness. (3) The Magistrate
to whom the commission is issued, or, if he is the Chief Metropolitan 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 the place where the witness is, and shall take down his evidence
in the same manner, and may for this purpose exercise the same powers, as in
the trials of warrant-cases under the Code of Criminal Procedure, 1973 (2 of
1974). (4) When the witness resides in a tribal area or in any place outside
India, the commission may be issued in the manner specified in Chapter XXIII of
the Code of Criminal Procedure, 1973 (2 of 1974). 104. Examination of a witness
on commission.–(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 may think relevant to the issue, and
the Magistrate executing the commission shall examine the witness upon such
interrogatories. (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
may be, 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 of a
commission, and deposition returned under sub-section (3), the Judge
AttorneyGeneral shall forward the same to the Court at whose instance the
commission was issued or, if such Court has been dissolved, to any other Court
convened for the trial of the accused person; and the commission, the return
thereto and the deposition shall be open to inspection by 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 of the proceedings of the Court. (5) In every case in which a commission
is issued under section 103, the trial may be adjourned for specified time
reasonably sufficient for the execution and return of the commission. 105.
Conviction for offences not charged.–A person charged before a Force Court
with–– (a) desertion may be found guilty of attempting to desert or of being absent
without leave; (b) attempting to desert may be found guilty of being absent
without leave; (c) using criminal force may be found guilty of assault; (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) of
section 33 may be found guilty of any other of these offences with which he
might have been charged; (f) an offence punishable under section 49 may be
found guilty of any other offence of which he might have been found guilty, if
the provisions of the Code of Criminal Procedure, 1973 (2 of 1974) were
applicable. (g) any offence under this Act may, on failure of proof of an
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; (h) any offence under this
Act may be found guilty of having attempted or abetted the commission of that
offence, although the attempt or abetment is not separately charged. 27 106.
Presumption as to signatures.–In any proceeding under this Act, any
application, certificate, warrant, reply or other document purporting to be
signed by an officer in the service of the Government shall, on production, be
presumed to have been duly signed by the person by whom and in the character in
which it purports to have been signed, until the contrary is shown. 107.
Enrolment paper.–(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 of the original or a copy of this enrolment paper purporting to
be certified to be a true copy by the office having the custody of the
enrolment paper or service record. 108. Presumption as to certain
documents.–(1) A letter, return or other document respecting the service of any
person in, or the dismissal, removal or discharge of any person from, any unit
of the Force, or respecting the circumstances of any person not having served
in, or belonged to, any unit of the Force, if purporting to be signed by or on
behalf of the Central Government or the Director-General, or by any prescribed
officer, shall be evidence of the facts stated in such letter, return or other
document. (2) A Force List or Gazette purporting to be published by authority
shall be evidence of the status and rank of the officers, subordinate officers
therein mentioned, and of any appointment held by them and of the battalion,
unit, or branch of the Force to which they belong. (3) Where a record is made
in any battalion book in pursuance of this Act or of any rules made thereunder
or otherwise in the discharge of official duties, and purports to be 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) A copy of any
record in any office of the Force purporting to be certified to be true copy by
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 of desertion 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 of the
Force, or has been apprehended by such officer or person, a certificate
purporting to be signed by such officer, or by the commanding officer of the
unit to 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 which he was dressed shall be evidence of the matters so stated. (6)
Where any person subject to this Act is being tried on a charge of desertion or
of absence without leave and such person has surrendered himself into the
custody of, or has been apprehended by, a police officer not below the rank of
an officer in charge of a 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 scientific expert to whom this sub-section applies, upon
any matter or thing duly submitted to him for examination or analysis and
report in the course of any proceeding under this Act, may be used as evidence in
any inquiry, trial or other proceeding under this Act. (b) The Force Court may,
if it thinks fit, summon and examine any such expert as to the subject matter
of his 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 of
the case to depose in the Court on his behalf. (d) This sub-section applies to
the Government scientific expert, for the time being specified in subsection
(4) of section 293 of the Code of Criminal Procedure, 1973 (2 of 1974). 109.
Reference by accused to Government officer.–(1) If at any trial for desertion
or absence without leave, over-staying leave or not rejoining when warned for
service, the accused person states in his defence any sufficient or reasonable
excuse for his unauthorised absence, and refers in support thereof to any
officer in the service of the Government, or if it appears that any such
officer is likely to prove or 28 disprove the said statement in the defence,
the Court shall address such officer and adjourn the proceedings until his
reply is received. (2) The written reply of any officer so referred to shall,
if signed by him, be received in evidence and have the same effect as if made
on oath before the Court. (3) If the Court is dissolved before the receipt of
such reply or if the Court omits to comply with the provisions of this section,
the convening officer may, at his discretion, annul the proceedings and order a
fresh trial. 110. Evidence of previous convictions and general character.–(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, and may further inquire into and record the general character of such
person and such other matters as may be prescribed. (2) Evidence received 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, if he thinks fit, record any
previous convictions against the offender, his general character, and such
other matters as may be prescribed, as of his own knowledge, instead of
requiring them to be proved under the foregoing provisions of this section.
111. Lunacy of accused.–(1) Whenever, in the course of a trial by a Force
Court, it appears to the Court that the person charged is by reason of
unsoundness of mind incapable of making his defence, or that he committed the
act alleged but was by reason of unsoundness of mind incapable of knowing the
nature of the act or knowing that it was wrong or contrary to law, the Court
shall record a finding accordingly. (2) The presiding officer of the Court, or,
in the case of a Summary Force Court, the officer holding 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,
if he 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 a 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 to be kept in custody in
the prescribed manner and shall report the case for the orders of the Central
Government. (5) On receipt of a report under sub-section (4), the Central
Government may order the accused person to be detained in a lunatic asylum or other
suitable place of safe custody. 112. Subsequent fitness of lunatic accused for
trial.–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– (a) if such
person is in custody under sub-section (4) of section 111, on the report of a
medical officer that he is capable of making his defence, or (b) if such person
is detained in a jail under sub-section (5) of section 111, on a certificate of
the Inspector-General of Prisons, and if such person is detained in a lunatic
asylum under the said subsection, on a certificate of any two or more of the
visitors of such asylum and if he is detained in any other place under that
sub-section, on a certificate 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 offence with which he was originally charged or, if
the offence is a civil offence, by a criminal court. 113. Transmission to
Central Government of order under section 112.–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. 29 114. Release of lunatic accused.–Where any person
is in custody under sub-section (4) of section 111 or under detention under
sub-section (5) of that section,– (a) if such person is in custody under the
said sub-section (4), on the report of a medical officer, or (b) if such person
is detained under the said sub-section (5), on a certificate from any of the
authorities mentioned in clause (b) of section 112 that in the judgment of such
officer or authority such person may be released without danger of his 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 if he has not already been sent to such an asylum. 115. Delivery
of lunatic accused to relatives.–Where any relative or friend of any 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 properly taken care of, and, prevented from doing
injury to himself or 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, order such person to be delivered to such relative or friend. 116.
Order for custody and disposal of property pending trial.–When any property regarding
which any offence appears to have been committed, or which 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 custody
of such property pending the conclusion of the trial, and if the property is
subject to speedy or natural decay may, after recording such evidence as it
thinks necessary, order it to be sold or otherwise disposed of. 117. Order for
disposal of property regarding which offence is committed.–(1) After the
conclusion of a trial before any Force Court, the Court or the office
confirming the finding or sentences of such 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 of
Additional Deputy Inspector-General within whose command the trial was held,
may make such order as it or he thinks 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 for the commission of any offence. (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 of such 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 the time being is situated, and such magistrate shall thereupon
cause the order to be carried into effect as if it were an order passed by him
under the provisions of the Code of Criminal Procedure, 1973 (2 of 1974). (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 for which the same may have been
converted or exchanged, and anything acquired by such conversion or exchange
whether immediately or otherwise. 118. Powers of Force Court in relation to
proceedings under this Act.–Any trial by a Force Court under the provisions of
this Act shall be deemed to be a judicial proceeding within the meaning of
sections 193 and 228 of the Indian Penal Code (45 of 1860) and the Force Court
shall be deemed to be a Court within the meaning of sections 345 and 346 of the
Code of Criminal Procedure, 1973 (2 of 1974). 119. Tender of pardon to
accomplices.–(1) With a view to obtaining the evidence of any person supposed
to have been directly or 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 of the
whole of the circumstances within his knowledge relating to the offence and to
every other person concerned, whether as principal or abettor, in the
commission thereof. 30 (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 of cost. (3) Every person accepting a tender of pardon made
under sub-section (1)– (a) shall be examined as a witness by the commanding
officer of the accused and in the subsequent trial, if any; (b) may be detained
in Force custody until the termination of the trial. 120. Trial of person not
complying with conditions of pardon.–(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, such person may be tried for the offence in respect of which
the pardon was so tendered or for any other offence of which 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 of pardon and recorded by his 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 complied with. (4) At such trial, the Force
Court shall, before arraignment, ask the accused whether he pleads that he has
complied with the conditions on which the tender of pardon was made. (5) If the
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 complied with the conditions of the pardon, and, if it
finds that he has so complied, it shall give a verdict of not guilty.
CHAPTER
IX CONFIRMATION AND REVISION OF PROCEEDINGS
121. Finding and sentence not valid unless
confirmed.–No finding or sentence of a General Force Court or a Petty Force
Court shall be valid except so far as it may be confirmed as provided by this
Act. 122. Power to confirm finding and sentence of General Force Court.–The
findings and sentences of General Force Courts may be confirmed by the Central
Government or by any officer empowered in this behalf by warrant of the Central
Government. 123. Power to confirm finding and sentence of Petty Force Court.–
The findings and sentences of a Petty Force Court may be confirmed by an
officer having power to convene a General Force Court or by any officer
empowered in this behalf by warrant of such officer. 124. Limitation of powers
of confirming authority.– A warrant issued under section 122 or section 123 may
contain such restrictions, reservations or condition as the authority issuing
it may think fit. 125. Power of confirming authority to mitigate, remit or
commute sentences.–Subject to 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 of a Force Court,
mitigate or remit the punishment thereby awarded or commute that punishment for
any punishment or punishments lower in the scale laid down in section 51. 31
126. Confirming of findings and sentences on board a ship.–When any person
subject to this Act is tried and sentenced by a Force 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 such person had been
tried at the port of disembarkation. 127. Revision of finding or sentence.–(1)
Any finding or sentence of a Force Court which requires confirmation may be
once revised by order of the confirming authority and on such revision, the
Court, if so directed by the confirming authority, may take additional
evidence. (2) The Court on revision, shall consist of the same officers as were
present when the original decision was passed unless any of those officers are
unavoidably absent. (3) In case of such 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 Force Court it consists of
five officers and in the case of a Petty Force Court, of three officers. 128.
Finding and sentence of a Summary Force Court.–The finding and sentence of a
Summary Force Court shall not require to be confirmed, but may be carried out
forthwith. 129. Transmission of proceedings of Summary Force Court.–The
proceedings of every Summary Force Court shall be forwarded without delay to
the officer not below the rank of Additional Deputy Inspector-General within
whose command the trial was held, or to the prescribed officer, and such
officer, or the Director-General or any officer empowered by him in this behalf
may, for reasons based on the merits of the 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. 130. Alteration of finding or
sentence in certain cases.–(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 invalid or cannot be supported by the evidence, the authority
which would have had power under section 142 to commute the punishment awarded
by the sentence, if the finding had been valid may substitute a new finding and
pass a sentence for the offence specified or involved in such finding: Provided
that no such substitution shall be made unless such finding could have been
validly made by the 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 confirmed,
or which does not require confirmation, not being a sentence passed in
pursuance of a new finding 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 awarded by 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 punishment awarded by, the sentence for
which a new sentence is substituted under this section. (4) Any finding
substituted, or any sentence passed, under this section shall, for the purposes
of this Act and the rules, have effect as if it were a finding or sentence, as
the case may be, of a Force Court. 131. Petition against order, finding or
sentence of Force Court.–(1) Any person subject to this Act who considers
himself aggrieved by any order passed by any Force Court may present a petition
to the officer or authority empowered to confirm any finding or sentence of
such Force Court, and the confirming authority may take such steps as may be
considered necessary to satisfy itself as to the correctness, legality or
propriety of the 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 of any Force court which has been
confirmed, may present a petition to the Central Government, the
DirectorGeneral or any prescribed officer superior in command to the one who
confirmed such finding or sentence, and the Central Government, the
Director-General, or the prescribed officer, as the case may be, may pass such
order thereon as it or he thinks fit. 132. Annulment of proceedings.–The
Central Government, the Director- General or any prescribed officer may annul
the proceedings of any Force Court on the ground that they are illegal or
unjust.
CHAPTER
X EXECUTION OF SENTENCES, PARDONS, REMISSIONS, ETC.
133.
Execution of sentence of death.–In executing a sentence of death, a Force Court
shall, in its discretion direct that the offender shall suffer death by being
hanged by the neck until he be dead, or shall suffer death by being shot to
death. 134. Commencement of sentence of imprisonment.–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 of a Summary Force Court, by the Court: Provided that if for any
reason beyond the control of the commanding officer or superior officer, the sentence
of imprisonment cannot be executed in full or in part, the convict shall be
liable to undergo the whole or unexpired portion of sentence, as the case may
be, when it becomes possible to carry out the same: Provided further that the
period of detention or confinement, if any, undergone by an accused person
during the investigation, inquiry or trial of the case in which he is sentenced
and before the date of which the original proceedings were signed shall be set
off against the term of his sentence and the liability of such person to
undergo imprisonment shall be restricted to the remainder, if any of the term
of his sentence. 135. Execution of sentence of imprisonment.–(1) Whenever any
sentence of imprisonment is passed under this Act by a Force Court or whenever
any sentence of death is commuted to imprisonment, the confirming officer or in
case of a 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 sentence shall be carried out by confinement in a
civil prison. (2) When a direction has been made under sub-section (1), the
commanding officer of the person under sentence or such other officer as may be
prescribed shall forward a warrant in the 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. (3) In the case of a sentence
of imprisonment for a period not exceeding three months and passed under this
Act by a Force Court, the appropriate officer under sub-section (1) may direct
that the sentence shall be carried out by confinement in Force custody instead
of in a 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 of
Additional Deputy Inspector-General within whose command the person sentenced
is serving or any prescribed officer may from time to time appoint. 136.
Temporary custody of convict.–Where a sentence of imprisonment is directed to
be undergone in a civil prison, the convict may be kept in Force custody or in
any other fit place till such time as it is possible to send him to a civil
prison. 137. Execution of sentence of imprisonment in special cases.–Whenever,
in the opinion of an officer not below the rank of Additional 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 custody in 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. 138.
Conveyance of prisoner from place to place.–A person 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. 139. Communication of certain orders to
prison officers.–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 accordance with such order shall be forwarded by the
officer making the order or 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. 33 140. Recovery of fine.–When a sentence of fine is imposed by a
Force Court under section 49, 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 of the Code of Criminal Procedure, 1973 (2 of 1974), as if it were a
sentence of fine imposed by such magistrate. 141. Informality or error in order
or warrant.–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 of this Act, the confinement of
such 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, warrant or document may be amended
accordingly. 142. Pardon and remission.–When any person subject to this Act has
been convicted by a Force Court of any offence, the Central Government or the
Director-General or, in the case of a sentence, which he could have confirmed
or which did not require confirmation, an officer not below the rank of
Additional 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 the person or
remit the whole or any part of the punishments awarded; or (b) mitigate the
punishment awarded; or (c) commute such punishment for any less punishment or
punishments mentioned in this Act; or (d) either with or without conditions
which the person sentenced accepts, release the person on parole. 143.
Cancellation of conditional pardons, release on parole or remission.–(1) If any
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, release or remission, not fulfilled, such authority may cancel the
pardon, release or remission, and thereupon the sentence of the 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 of subsection (1) shall undergo such imprisonment only for
the unexpired portion of his sentence. 144. Suspension of sentence of
imprisonment.–(1) Where a person subject to this Act is sentenced by a Force
Court to 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 authority or officer specified in sub-section (1) may, in the
case of an 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. 145. Orders pending suspension of sentence.–(1) Where the sentence
referred to in section 144 is imposed by a Force Court other than a Summary
Force Court, the confirming officer may, when confirming the sentence, direct
that the offender be not committed to prison or to Force custody until the
orders of the authority or officer specified in section 144 have been obtained.
(2) Where a sentence of imprisonment is imposed by a Summary Force Court, the
officer holding the trial may make the direction referred to in sub-section
(1). 146. Release on suspension of sentence.–Where a sentence is suspended
under section 144, the offender shall forthwith be released from custody. 147.
Computation of period of sentence.–Any period during which the sentence is
under suspension shall be reckoned as part of the term of such sentence. 34
148. Order after suspension of sentence.–The authority or officer specified in
section 144 may, at any time while a sentence is suspended, order– (a) that the
offender be committed to undergo the unexpired portion of the sentence; or (b)
that the sentence be remitted. 149. Reconsideration of case after suspension of
sentence.–(1) Where a sentence has been suspended, the case may at any time,
and shall at intervals of not 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 section 144. (2) Where
on such reconsideration by the officer so authorised, it appears to him that
the conduct of offender since his conviction has been such as to justify a
remission of sentence, he shall refer the matter to the authority or officer
specified in section 144. 150. Fresh sentence after suspension.–Where an
offender, while a sentence on him is suspended under this Act, is sentenced for
any other offence, then– (a) if the further sentence is also suspended under
this Act, the two sentences shall run concurrently; (b) If the further sentence
is for a period of three months or more and is not suspended under this Act,
the offender shall also be committed to prison or Force 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. Scope of power of suspension of sentence.–The powers conferred
by sections 144 and 148 shall be in addition to, and not in derogation of, the
power of mitigation, remission and commutation. 152. Effect of suspension and
remission of sentence on dismissal.–(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 ordered by the authority or officer specified in section 144.
(2) If such other sentence is remitted under section 148, the punishment of
dismissal shall also be remitted.
CHAPTER
XI MISCELLANEOUS
153. Powers and duties conferrable and
imposable on members of the Force.–(1) The Central Government may, by general
or special order published in the Official Gazette, direct that subject to such
conditions and limitations as may be specified in the order, 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 of the 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 Government 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, holds 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 each House of Parliament, while it is in
session, for a total period of thirty days which may be comprised in one
session or in two or more successive sessions, and if, before the expiry of the
session immediately following the session or the successive sessions aforesaid,
both Houses 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 form or 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. 35 154. Protection for acts of
members of the Force.–(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 of a competent
authority, it shall be lawful for him to plead that such act was done by him
under the authority of such warrant or order. (2) Any such plea may be proved
by the production of the 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 of the act so done by him, notwithstanding any defect in the
jurisdiction of the 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
against any member of the Force for anything done or intended to be done under
the powers conferred by, or in pursuance of any provision of this Act or the
rules, shall be commenced within three months after the act complained of was
committed and not otherwise, and notice in writing of 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. 155. Power to make
rules.–(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 of the 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; (b) superintendence, direction and
control of the Force under section 5; (c) the persons to be enrolled to the
Force, mode of enrolment and procedure thereof under section 6; (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; (f) the authority
and other matters required to be prescribed under section 13; (g) the amount
and the incidence of fine to be imposed under section 60; (h) the manner and
extent of deductions from pay and allowances and the authority therefor 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; (l) the manner of convening
Force Courts under section 76; (m) the persons by whom an accused may be
defended in a trial and appearance of such 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 Attorney
under section 95; (o) the officer to annul proceedings of the Force Court under
section 132; and (p) any other matter which is to be, or may be, prescribed, or
in respect of which provision is to be, or may be, made by the 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 of
thirty days which may be comprised in one session or in two or more successive
sessions, and if, before the expiry of the session immediately following the
session or the successive sessions aforesaid, both Houses agree in making any
modification in the rule or both Houses agree that the rule should not be made,
the rule shall thereafter have effect only 36 in such modified form or 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 rule. 156. Provisions as to existing Sashastra Seema Bal.–(1)
The Sashastra Seema Bal in existence at the commencement of this Act shall be
deemed to be the Force constituted under this Act. (2) The members of the
Sashastra Seema Bal in existence at the commencement of this Act shall be
deemed to have been appointed or, as the case may be, enrolled as such under
this Act. (3) Anything done or any action taken before the commencement of this
Act in relation to the constitution of the Sashastra Seema Bal referred to in
sub-section (1), in relation to any person appointed or enrolled, as the case
may be, thereto, shall be as valid and as effective in law as if such thing or
action was done or taken under this Act: Provided that nothing in this
sub-section shall render any person guilty of any offence in respect of
anything done or omitted to be done by him before the commencement of this Act.
JAI HIND....
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