Title : 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 : Kinds of Force Courts
State : Central
Year : 1992
For the purposes of this Act there shall be three kinds of Force Courts, that is to say, (a) General Force Courts; (b) Petty Force Courts; and (c) Summary Force Courts. 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 sectionTitle : Documents Exempted from Production
State : Central
Year : 1992
(1) Nothing in section 101 shall be deemed to affect the operation of sections 123 and 124 of the Indian Evidence Act, 1872 or to apply to any letter, postcard, telegra or other document in the custody of the postal or telegraph authorities. (2) If any document in such custody is, in the opinion of any District Magistrate, Chief Metropolitan Magistrate, Chief Judicial Magistrate, Court of Sessions or High Court wanted for the purpose of any Force Court, such Magistrate, or Court may require the postal or telegraph authorities, as the case may be, to deliver such document to such person as such Magistrate or Court may direct. (3) If any such document is, in the opinion of any other Magistrate or of any Commissioner of Police or District Superintendent of Police, wanted for any such..... View Complete Act List Judgments citing this sectionTitle : Reference by Accused to Government Officer
State : Central
Year : 1992
(1) If at any trial for desertion or absence without leave, over-staying leave or not rejoining when warned for service, the accused person states in his defence any sufficient or reasonable excuse for his unauthorised absence, and refers in support thereof to any officer in the service of the Government, or if it appears that any such officer is likely to prove or disprove the said statement in the defence, the Court shall address such officer and adjourn the proceedings until his reply is received. (2) The written reply of any officer so referred to shall, if signed by him, be received in evidence and have the same effect as if made on oath before the Court. (3) If the court is dissolved before the receipt of such reply or if the Court omits to comply with the provisions of this..... View Complete Act List Judgments citing this sectionTitle : Order for Disposal of Property Regarding Which Offence is Committed
State : Central
Year : 1992
(1) After the conclusion of a trial before any Force Court, the Court or the officer confirming the finding or sentence of such Force Court, or any authority superior to such officer, or, in the case of a Summary Force Court whose finding or sentence does not require confirmation, an officer not below the rank of Additional Deputy Inspector-General within whose command the trial was held, may make such order as it or he thinks fit for the disposal by destruction, confiscation, delivery to any person claiming to be entitled to possession thereof, or otherwise, of any property or document produced before the Court or in its custody, or regarding which any offence appears to have been committed or which has been used for the commission of any offence. (2) Where any order has been made..... View Complete Act List Judgments citing this sectionTitle : Trial of Person Not Complying with Conditions of Pardon
State : Central
Year : 1992
(1) Where, in regard to a person who has accepted a tender of pardon made under section 119, 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, certifies that in his opinion such person has, either by wilfully concealing anything essential or by giving false evidence, not complied with the conditions on which the tender was made, such person may be tried for the offence in respect of which the pardon was so tendered or for any other offence of which he appears to have been guilty in connection with the same matter, and also for the offence of giving false evidence : Provided that such person shall not be tried jointly with any of the other accused. (2) Any statement made by..... View Complete Act List Judgments citing this sectionTitle : Finding and Sentence Not Valid Unless Confirmed
State : Central
Year : 1992
No finding or sentence of a General Force Court or a Petty Force Court shall be valid except as far as it may be confirmed as provided by this Act. View Complete Act List Judgments citing this section