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Sashastra Seema Bal Act, 2007

No. 53 of 2007

[20th December, 2007]

Contents

 

Sections

Particulars

 

Preamble

Chapter I

Preliminary

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

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

Punishments

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

Chapter VII

Force Courts

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

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



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