Title : Prohibition of Second Trial
State : Central
Year : 2007
(1) When any person, subject to this Act has been acquitted or convicted of an offence by a Force Court or by a criminal court or has been dealt with under section 56 or 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 acquitted or convicted of an offence by a Force Court or has been dealt with under section 56 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 sectionTitle : Trial, Etc, of Offender Who Ceases to Be Subject to This Act
State : Central
Year : 2007
(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 : Fresh Sentence After Suspension
State : Central
Year : 2007
Where an offender, while a sentence on him is suspended under this Act, is sentenced for any other offence, then-- (a) if the further sentence is also suspended under this Act, the two sentences shall run concurrently; (b) if the further sentence is for a period of three months or more and is not suspended under this Act, the offender shall also be committed to prison or Force custody for the unexpired portion of the previous sentence, but both sentences shall run concurrently; and (c) if the further sentence is for a period of less than three months and is not suspended under this Act, the offender shall be so committed on that sentence only, and the previous sentence shall, subject to any order which may be passed under section 148 or section 149, continue to be suspended. ..... View Complete Act List Judgments citing this sectionTitle : Powers of a Summary Force Court
State : Central
Year : 2007
(1) Subject to the provisions of sub-section (2), a Summary Force Court may try any offence punishable under this Act. (2) When there is no grave reason for immediate action and reference can without detriment to discipline be made to the officer empowered to convene a Petty Force Court for the trial of the alleged offender, an officer holding a Summary Force Court shall not try without such reference any offence punishable under any of the sections 16, 19 and 49, or any offender against the officer holding the Court. (3) A Summary Force Court may try any person subject to this Act and under the command of the officer holding the Court, except an officer or a subordinate officer. (4) A Summary Force Court may pass any sentence which may be passed under this Act, except the..... View Complete Act List Judgments citing this sectionTitle : Power to Make Rules
State : Central
Year : 2007
(1) The Central Government may, by notification, make rules for the purpose of carrying out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the manner of constitution of the Force and conditions of service of its members under section 4; (b) superintendence, direction and control of the Force under section 5; (c) the persons to be enrolled to the Force, mode of enrolment and procedure thereof under section 6; (d) the authority, to whom resignation to be submitted and the permission for withdrawal from duty to be obtained from, under section 8; (e) the dismissal, removal and reduction in rank of persons under section 11; (f) the authority and other matters required to be..... View Complete Act List Judgments citing this sectionTitle : Presumption as to Certain Documents
State : Central
Year : 2007
(1) A letter, return or other document respecting the service of any person in, or the dismissal, removal or discharge of any person from, any unit of the Force, or respecting the circumstances of any person not having served in, or belonged to, any unit of the Force, if purporting to be signed by or on behalf of the Central Government or the Director-General, or by any prescribed officer, shall be evidence of the facts stated in such letter, return or other document. (2) A Force List or Gazette purporting to be published by authority shall be evidence of the status and rank of the officers, subordinate officers therein mentioned, and of any appointment held by them and of the battalion, unit, or branch of the Force to which they belong. (3) Where a record is made in any battalion..... View Complete Act List Judgments citing this sectionTitle : Minor Punishments
State : Central
Year : 2007
(1) Subject to the provisions of section 57, a commanding officer of and above the rank of Commandant may, in the prescribed manner, proceed against a person subject to this Act, other than an officer or a subordinate officer, who is charged with an offence under this Act and award such person, to the extent prescribed, one or more of the following punishments, namely:-- (a) imprisonment in Force custody up to twenty-eight days; (b) detention up to twenty-eight days; (c) confinement to the lines up to twenty-eight days; (d) extra guards or duties; (e) deprivation of any special position or special emoluments or any acting rank; (f) severe reprimand or reprimand; (g) fine up to fourteen days' pay in any one month; (h) deductions from his pay and allowances of any sum..... View Complete Act List Judgments citing this sectionTitle : Deductions from Pay and Allowances of Persons Subject to This Act
State : Central
Year : 2007
(1) The following deductions may be made from the pay and allowances of an officer, namely:-- (a) all pay and allowances due to an officer for every day he absents himself without leave, unless a satisfactory explanation has been given to, and accepted by, the Inspector-General under whom he is for the time being serving; (b) all pay and allowances for every day while he is in custody on a charge for an offence for which he is afterwards convicted by a criminal court or Force Court or by an officer exercising authority under section 58; (c) any sum required to make good the pay of any person subject to this Act which he has unlawfully retained or unlawfully refused to pay; (d) any sum required to make good such compensation for any expenses, loss, damage or destruction..... View Complete Act List Judgments citing this sectionTitle : Miscellaneous
State : Central
Year : 2007
(1) The Central Government may, by general or special order published in the Official Gazette, direct that, subject to such conditions and limitations as may be specified in the order, any member of the Force may exercise or discharge such of the powers or duties under any Central Act as may be specified in the said order, being the powers and duties which, in the opinion of the Central Government, an officer of the corresponding or lower rank is by such Central Act empowered to exercise or discharge for the said purposes. (2) The Central Government may, by general or special order published in the Official Gazette, confer or impose, with the concurrence of the State Government concerned, any of the powers or duties which may be exercised or discharged under a State Act by a police..... View Complete Act List Judgments citing this sectionTitle : Sashastra Seema Bal Act 2007
State : Central
Year : 2007
THE SASHASTRA SEEMA BAL ACT, 2007 [Act No. 53 of 2007] [20th December, 2007] PREAMBLE An Act to provide for the constitution and regulation of an armed force of the Union for ensuring the security of the borders of India and for matters connected therewith. Be it enacted by Parliament in the Fifty-eighth Year of the Republic of India as follows:-- View Complete Act List Judgments citing this section