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Indo-tibetan Border Police Force Act, 1992 Section 5

Title : Control, Direction, Etc

State : Central

Year : 1992

(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 Additional Director-General, Inspectors-General, Deputy Inspector-General, Additional Deputy Inspector-General, Commandants and other officers as may be appointed by the Central Government. View Complete Act      List Judgments citing this section

Indo-tibetan Border Police Force Act, 1992 Section 19

Title : Mutiny

State : Central

Year : 1992

Any person subject to this Act who commits any of the following offences, that is to say, (a) 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 (b) joins in any such mutiny; or (c) being present at any such mutiny, does not use his utmost endeavours to suppress the same; or (d) 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 (e) 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..... View Complete Act      List Judgments citing this section

Indo-tibetan Border Police Force Act, 1992 Section 26

Title : Unbecoming Conduct

State : Central

Year : 1992

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. View Complete Act      List Judgments citing this section

Indo-tibetan Border Police Force Act, 1992 Section 40

Title : Offences Relating to Force Court

State : Central

Year : 1992

Any person subject to this Act who commits any of the following offences, that is to say, (a) being duly summoned or ordered to attend as a witness before a Force Court, wilfully or without reasonable excuse, makes default in attending; or (b) refuses to take an oath or make an affirmation legally required by a Force Court to be taken or made; or (c) 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 (d) refuses, when a witness, to answer any question which he is by law bound to answer; or (e) 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..... View Complete Act      List Judgments citing this section

Indo-tibetan Border Police Force Act, 1992 Section 87

Title : Prohibition of Second Trial

State : Central

Year : 1992

(1) When any person, subject to this Act has been acquired (acquitted) or convicted of an offence by a Force Court or by a criminal court or has been dealt with under section 56 or under section 58, he shall not be liable to be tried again for the same offence by a Force Court or dealt with under the said sections. (2) When any person, subject to this Act, has been acquired (acquitted) or convicted of an offence by a Force Court or has been dealt with under section 6 or section 58, he shall not be liable to be tried again by a criminal court for the same offence or on the same facts. View Complete Act      List Judgments citing this section

Indo-tibetan Border Police Force Act, 1992 Section 88

Title : Period of Limitation for Trial

State : Central

Year : 1992

(1) Except as provided by sub-section (2), no trial by a Force Court of any person subject to this Act for any offence shall be commenced after the expiration of a period of three years from the date of such offence. (2) The provisions of sub-section (1) shall not apply to a trial for an offence of desertion or for any of the offences mentioned in section 19. (3) In the computation of the period of time mentioned in sub-section (1), any time spent by such person in evading arrest after the commission of the offence, shall be excluded. View Complete Act      List Judgments citing this section

Indo-tibetan Border Police Force Act, 1992 Section 111

Title : Lunacy of Accused

State : Central

Year : 1992

(1) Whenever, in the course of a trial by a Force Court, it appears to the Court that the person charged is by reason of unsoundness of mind incapable of making his defence, or that he committed the act alleged but was by reason of unsoundness of mind incapable of knowing the nature of the act or knowing that it was wrong or contrary to law, the Court shall record a finding accordingly. (2) The presiding officer of the Court, or, in the case of a Summary Force Court, the officer holding the trial, shall forthwith report the case to the confirming officer, or to the authority empowered to deal with its finding under section 129, as the case may be. (3) The confirming officer to whom the case is reported under sub-section (2) may, if he does not confirm the finding take steps to have..... View Complete Act      List Judgments citing this section

Indo-tibetan Border Police Force Act, 1992 Section 118

Title : Powers of Force Court in Relation to Proceedings Under This Act

State : Central

Year : 1992

Any trial by a 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 and the Force Court shall be deemed to be a court within the meaning of sections 345 and 346 of the Code of Criminal Procedure, 1973. View Complete Act      List Judgments citing this section

Indo-tibetan Border Police Force Act, 1992 Section 126

Title : Confirming of Findings and Sentences on Board a Ship

State : Central

Year : 1992

When any person subject to this Act is tried and sentenced by a Force Court while on board a ship, the finding and sentence so far as not confirmed and executed on board the ship, may be confirmed and executed in like manner as if such person had been tried at the port of disembarkation. View Complete Act      List Judgments citing this section

Indo-tibetan Border Police Force Act, 1992 Section 131

Title : Remedy Against Order, Finding or Sentence of Force Court

State : Central

Year : 1992

(1) Any person subject to this Act who considers himself aggrieved by any order passed by any Force Court may present a petition to the officer or authority empowered to confirm any finding or sentence of such Force Court, and the confirming authority may take such steps as may be considered necessary to satisfy itself as to the correctness, legality or propriety of the order passed or as to the regularity of any proceeding to which the order relates. (2) Any person subject to this Act who considers himself aggrieved by a finding or sentence of any Force Court which has been confirmed, may present a petition to the Central Government, the Director-General or any prescribed officer superior in command to the one who confirmed such finding or sentence, and the Central Government, the..... View Complete Act      List Judgments citing this section


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