Title : Power of Confirming Authority to Mitigate, Remit or Commute Sentences
State : Central
Year : 1968
Subject to such restrictions, reservations or conditions, as may be contained in any warrant issued under section 108 or section 109, a confirming authority may, when confirming the sentence of a Security 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 48. View Complete Act List Judgments citing this sectionTitle : Execution of Sentence of Imprisonment in Special Cases
State : Central
Year : 1968
Whenever, in the opinion of an officer not below the rank of 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 121, 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. View Complete Act List Judgments citing this sectionTitle : Suspension of Sentence of Imprisonment
State : Central
Year : 1968
(1) Where a person subject to this Act is sentenced by a Security Force Court to imprisonment, the Central Government, the Director-General or any officer empowered to convene a General Security 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. View Complete Act List Judgments citing this sectionTitle : Effect of Suspension and Remission on Dismissal
State : Central
Year : 1968
(1) Where in addition to any other sentence the punishment of dismissal has been awarded by a Security Force Court, and such other sentence is suspended under section 130, then, such dismissal shall not take effect until so ordered by the authority or officer specified in section 130. (2) If such other sentence is remitted under section 134, the punishment of dismissal shall also be remitted. View Complete Act List Judgments citing this sectionTitle : Definitions
State : Central
Year : 1968
(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 an 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 notification in the Official Gazette 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) "Chief Law..... View Complete Act List Judgments citing this sectionTitle : Control, Direction, Etc.
State : Central
Year : 1968
(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, 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 Inspectors-General, Deputy Inspectors-General, Commandants and other officers as may be prescribed by the Central Government. View Complete Act List Judgments citing this sectionTitle : Offences in Relation to the Enemy and Not Punishable with Death
State : Central
Year : 1968
Any person subject to this Act who commits any of the following offences, that is to say,-- (a) is taken prisoner or captured by the enemy, by want of due precaution or through disobedience of orders, 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 discover it immediately to this Commandant or other superior officer, shall, on conviction by a Security Force Court, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this..... View Complete Act List Judgments citing this sectionTitle : Offences Punishable More Severely on Active Duty Than at Other Times
State : Central
Year : 1968
Any person subject to this Act who commits any of the following offences, that is to say,-- (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 countersign different from what he received, shall, on conviction by a Security..... View Complete Act List Judgments citing this sectionTitle : Desertion and Aiding Desertion
State : Central
Year : 1968
(1) Any person subject to this Act who deserts or attemps to desert the service shall, on conviction by a Security Force Court,-- (a) if he commits the offence when on active duty or when under order 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 Security 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..... View Complete Act List Judgments citing this sectionTitle : Striking or Threatening Superior Officers
State : Central
Year : 1968
Any person subject to this Act who commits any of the following offences, that is to say,-- (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 Security Force Court,-- (A) 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 (B) 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..... View Complete Act List Judgments citing this section