The Sashastra Seema Bal Act, 2007 Complete Act - Bare Act

(Received the assent of the President on December 20,2007 " Published in Gazette of India, Extra., Part II, Section 1, Iss. No.63, pages 1-36, dated December 20, 2007)

An Act to provided 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-eight Year of the Republic of India as follows:

"

This Act may be called the

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

(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 in 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;

"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;

"enrolled person"

means an under-officer or other person enrolled under this Act;

"Force "

means the Sashastra Seema Bal;

"Force Court"

means a Court referred to in Section 76;

"Force custody"

means the arrest or confinement of a member of the Force under Section 69;

"Inspector-General"

means the Inspector-General of the Force appointed under Section 5;

"Judge Attorney-General", "Additional Judge Attorney-General", "Deputy Judge Attorney-General"

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;

"member of the Force"

means an officer, a subordinate officer, an under-officer or other enrolled person;

"notification"

means a notification published in the Official Gazette;

"offence"

means any act or omission punishable under this Act and includes a civil offence;

"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;

"prescribed"

means prescribed by rules made under this Act;

"rule"

means a rule made under this Act;

"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.

"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.

(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 officers; 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.

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

(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.

The persons to be enrolled to the Force, the mode of enrolment and the procedure for enrolment shall be such as may be prescribed.

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

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.

Every person subject to this Act shall hold office during the pleasure of the President.

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.

(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.

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.

(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 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.

(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 sub-section

(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.

" 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.

OFFENCES

" 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

(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.

" 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 wilful 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.

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

forces a safeguard, or forces or uses criminal force to a sentry; or

breaks into any house or other place in search of plunder; or

being a sentry, sleeps upon his post or is intoxicated; or

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

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

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.

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

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

joins in any such mutiny; or

being present at any such mutiny, does not use his utmost endeavours to suppress the same; or

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

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.

(1)

Any person subject to 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.

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

absents himself without leave; or

without sufficient cause overstays leave granted to him; or

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

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

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

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

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.

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 officer 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

(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.

(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.

" 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 office; 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.

" 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.

" 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.

" 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,

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.

" 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.

(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.

" 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.

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 committed, 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 it in this Act mentioned.

" 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.

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

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

dishonestly misappropriates or converts to his own use any such property; or

commits criminal breach of trust in respect of any such property; or

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

wilfully destroys or injures any property of the Government entrusted to him; or

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.

" 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.

" 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.

" 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.

" 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.

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

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

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

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

where it is his official duty to make a declaration respecting any matter knowingly makes a false declaration; or

obtains for himself, or for any other person, any pension, allowance or other advantage or privilege by a statement which is false, and which he either knows or believes 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.

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

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

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.

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

being duly summoned or ordered to attend as a witness before a Force Court, wilfully or without reasonable excuse, makes default in attending; or

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

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

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

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.

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.

" 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.

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

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

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

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

attempts to commit suicide, and in such attempt does any act towards the commission of such offence; or

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

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

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

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

" 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.

" 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.

" 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.

" 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.

" 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.

" 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.

PUNISHMENTS

(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:"

death;

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;

dismissal or removal from the service;

compulsory retirement from the service;

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

reduction to the ranks of to a lower rank or grade or a place in the list of their

a

rank in the case of an under-officer;

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 under-officer;

(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.

(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.

" 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 Section 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.

" 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.

" 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.

" 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.

(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:"

imprisonment in Force custody up to twenty-eight days;

detention up to twenty-eight days;

confinement to the lines up to twenty-eight days;

extra guards or duties;

deprivation of any special position or special emoluments or any acting rank;

severe reprimand or reprimand;

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

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.

(1)

In the case of an award of two or more of 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).

(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.

(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.

(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.

(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 the 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.

DEDUCTIONS FROM PAY AND ALLOWANCES

(1)

The following deductions may be made from the pay and allowances of an officer, namely:"

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;

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;

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;

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;

all pay and allowances ordered by Force Court;

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

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;

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:"

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;

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 of 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;

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;

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;

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;

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;

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;

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;

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.

" 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.

" 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.

" 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.

"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.

" 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.

" (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 the case be deemed to apply only to the balance thereafter remaining of such pay and allowances.

(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.

" 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.