Title : Power of a General Force Court
State : Central
Year : 1992
A General Force Court shall have the power to try any person subject to this Act for any offence punishable thereunder and to pass any sentence authorised thereby. View Complete Act List Judgments citing this sectionTitle : Power of a Petty Force Court
State : Central
Year : 1992
A Petty Force Court shall have the power to try any person subject to this Act other than an officer or a subordinate officer for any offence made punishable thereunder and to pass any sentence authorised by this Act other than a sentence of death or imprisonment for a term exceeding two years. View Complete Act List Judgments citing this sectionTitle : Trial, Etc., of Offender Who Ceases to Be Subject to This Act
State : Central
Year : 1992
(1) Where an offence under this Act had been committed by any person while subject to this Act, and he has ceased to be so subject, he may be taken into and kept in Force custody and tried and punished for such offence as if he continued to be so subject. (2) No such person shall be tried for an offence, unless his trial commences within six months after he had ceased to be subject to this Act : Provided that nothing contained in this sub-section shall apply to the trial of any such person for an offence of desertion or for any of the offences mentioned in section 19 or shall affect the jurisdiction of a criminal court to try any offence triable by such court as well as by a Force Court. View Complete Act List Judgments citing this sectionTitle : Presiding Officer
State : Central
Year : 1992
At every General Force Court or Petty Force Court, the senior member shall be the presiding officer. View Complete Act List Judgments citing this sectionTitle : Judge Attorneys
State : Central
Year : 1992
Every General Force Court shall, and every Petty Force Court may, be attended by a Judge Attorney or a Deputy Judge Attorney-General or an Additional Judge Attorney-General, or, if no such officer is available, an officer approved by the Judge Attorney-General or by any officer authorised in this behalf by the Judge Attorney-General. View Complete Act List Judgments citing this sectionTitle : Challenges
State : Central
Year : 1992
(1) At all trials by a General Force Court or by a Petty Force Court, as soon as the Court is assembled, the names of the presiding officer and members shall be read over to the accused, who shall thereupon be asked whether he objects to being tried by any officer sitting on the Court. (2) If the accused objects to such officer, his objection and also the reply thereto of the officer objected to shall be heard and recorded and the remaining officers of the Court shall, in the absence of the challenged officer decide on the objection. (3) If the objection is allowed by one-half or more of the votes of the officers entitled to vote, the objection shall be allowed and the member objected to shall retire, and his vacancy may be filled in the prescribed manner, by another officer subject..... View Complete Act List Judgments citing this sectionTitle : Voting by Members
State : Central
Year : 1992
(1) Subject to the provisions of sub-sections (2) and (3), every decision of a Force Court shall be passed by an absolute majority of votes; and where there is an equality of votes on either the finding or the sentence, the decision shall be in favour of the accused. (2) No sentence of death shall be passed by a General Force Court without the concurrence of at least two-thirds of the members of the Court. (3) In matters, other than a challenge or the finding or sentence, the presiding officer shall have a casting vote. View Complete Act List Judgments citing this sectionTitle : Judicial Notice
State : Central
Year : 1992
A Force Court may take judicial notice of any matter within the general knowledge of the members as officers of the Force. View Complete Act List Judgments citing this sectionTitle : Summoning Witnesses
State : Central
Year : 1992
(1) The convening officer, the presiding officer of a Force Court, the Judge Attorney or, as the case may be, the Deputy Judge Attorney-General or the Additional Judge Attorney-General or the officer approved under section 95 or the Commanding Officer of the accused person may, by summons under his hand, require the attendance, at a time and place to be mentioned in the summons, of any person either to give evidence or to produce any document or other thing. (2) In the case of a witness who is subject to this Act or any other Act relating to the armed forces of the Union, the summons shall be sent to his Commanding Officer and such officer shall serve it upon him accordingly. (3) In the case of any other witness, the summons shall be sent to the Magistrate within whose jurisdiction..... View Complete Act List Judgments citing this sectionTitle : Conviction for Offences Not Charged
State : Central
Year : 1992
A person charged before a Force Court (a) with desertion may be found guilty of attempting to desert or of being absent without leave; (b) with attempting to desert may be found guilty of being absent without leave; (c) with using criminal force may be found guilty of assault; (d) with using threatening language may be found guilty of using insubordinating language; (e) with any one of the offences specified in clauses (a), (b), (c) and (d) of section 33 may be found guilty of any other of these offences with which he might have been charged; (f) with an offence punishable under section 49 may be found guilty of any other offence of which he might have been found guilty, if the provisions of the Code of Criminal Procedure, 1973, were applicable. (g) with any offence under..... View Complete Act List Judgments citing this section