Title : 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 : Execution of Sentence of Imprisonment in Special Cases
State : Central
Year : 1992
Whenever, in the opinion of an officer not below the rank of Additional 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 135, 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 : Execution of Sentence of Fine
State : Central
Year : 1992
When a sentence of fine is imposed by a Force Court under section 49, a copy of such sentence signed and certified by the confirming officer, or where no confirmation is required, by the officer holding the trial may be sent to any Magistrate in India, and such Magistrate shall thereupon cause the fine to be recovered in accordance with the provisions of the Code of Criminal Procedure, 1973, as if it were a sentence of fine imposed by such Magistrate. View Complete Act List Judgments citing this sectionTitle : 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 sectionTitle : 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 sectionTitle : 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 sectionTitle : Capture of Deserters
State : Central
Year : 1992
(1) Whenever any person subject to this Act deserts, the commanding officer of the unit to which he belongs or is attached, shall give information of the desertion to such civil authorities as, in his opinion, may be able to afford assistance towards the capture of the deserter; and such authorities shall thereupon take steps for the apprehension of the said deserter in like manner as if he were a person for whose apprehension a warrant had been issued by a magistrate, and shall deliver the deserter, when apprehended, into Force custody. (2) Any police officer may arrest without warrant any person reasonably believed to be" subject to this Act, and to be a deserter or to be travelling without authority, and shall bring him without delay before the nearest Magistrate, to be dealt with..... View Complete Act List Judgments citing this sectionTitle : 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 Criminal Court to Require Delivery of Offender
State : Central
Year : 1992
(1) When a criminal court having jurisdiction is of opinion that proceedings shall be instituted before itself in respect of any alleged offence, it may, by written notice, require the officer referred to in section 92 at his option, either to deliver over the offender to the nearest Magistrate to be proceeded against according to law, or to postpone proceedings, pending a reference to the Central Government. (2) In every such case the said officer shall either deliver over the offender in compliance with the requisition, or shall forthwith refer the question as to the court before which the proceedings are to be instituted, for the determination of the Central Government whose order upon such reference shall be final. View Complete Act List Judgments citing this sectionTitle : Oaths of Member, Judge Attorney and Witness
State : Central
Year : 1992
(1) An oath or affirmation in the prescribed manner shall be administered to every member of the Force Court and to 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, before the commencement of the trial. (2) Every person giving evidence before a Force Court shall be examined after being duly sworn or affirmed in the prescribed form. (3) The provisions of sub-section (2) shall not apply where the witness is a child under twelve years of age and the Force Court is of opinion that though the witness understands the duty of speaking the truth, he does not understand the nature of an oath or affirmation. View Complete Act List Judgments citing this section