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Sashastra Seema Bal Act, 2007


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 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.



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