Title : Subsequent Fitness of Lunatic Accused for Trial
State : Central
Year : 1968
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 99, any officer prescribed in this behalf, may-- (a) if such person is in custody under sub-section (4) of section 99, 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 99, on a certificate of the Inspector General of Prisons, and if such person is detained in a lunatic asylum under the said sub-section, on a certificate of any two or more 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,..... View Complete Act List Judgments citing this sectionTitle : Transmission to Central Government of Orders Under Section 100
State : Central
Year : 1968
A copy of every order made by an officer under section 100 for the trial of the accused shall forthwith be sent to the Central Government. View Complete Act List Judgments citing this sectionTitle : Delivery of Lunatic Accused to Relatives
State : Central
Year : 1968
Where any relative or friend of any person who is in custody under sub-section (4) of section 99 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. View Complete Act List Judgments citing this sectionTitle : Powers of Security Force Court in Relation to Proceedings Under This Act
State : Central
Year : 1968
Any trial by a Security 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 Security Force Court shall be deemed to be a court within the meaning of sections 480 and 482 of the Code of Criminal Procedure, 1898 (5 of 1898). View Complete Act List Judgments citing this sectionTitle : Limitation of Powers of Confirming Authority
State : Central
Year : 1968
A warrant issued under section 108 or section 109 may contain such restrictions, reservations or conditions as the authority issuing it may think fit. View Complete Act List Judgments citing this sectionTitle : Alteration of Finding or Sentence in Certain Cases
State : Central
Year : 1968
(1) Where a finding of guilty by a Security 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 128 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 Security Force Court on the charge and unless it appears that the Security Force Court must have been satisfied of the facts establishing the said offence. (2) Where a sentence passed by a Security Force Court which has been confirmed, or which..... View Complete Act List Judgments citing this sectionTitle : Execution of Sentence of Imprisonment
State : Central
Year : 1968
(1) Whenever any sentence of imprisonment is passed under this Act by a Security Force Court or whenever any sentence of death is commuted to imprisonment, the confirming officer or in case of a Summary Security 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 Commandant 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..... View Complete Act List Judgments citing this sectionTitle : Communication of Certain Orders to Prison Officers
State : Central
Year : 1968
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. View Complete Act List Judgments citing this sectionTitle : Pardon and Remission
State : Central
Year : 1968
When any person subject to this Act has been convicted by a Security 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 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 punishment awarded; or (b) mitigate the punishment awarded; or (c) commute such punishment for any less punishment or punishments mentioned in this Act; (d) either with or without conditions which the person sentenced accepts, release the person on..... View Complete Act List Judgments citing this sectionTitle : Cancellation of Conditional Pardon, Release on Parole or Remission
State : Central
Year : 1968
(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 sub-section (1) shall undergo only the unexpired portion of his sentence. View Complete Act List Judgments citing this section