Title : Abetment of Offences Punishable with Imprisonment and Not Committed
State : Central
Year : 2007
Any person subject to this Act who abets the commission of any of the offences specified in sections 16 to 44 (both inclusive) and punishable with imprisonment shall, on conviction by a Force Court, if that offence be not committed in consequence of the abetment, and no express provision is made by this Act for the punishment of such abetment, be liable to suffer imprisonment for a term which may extend to one-half of the longest term provided for that offence or such less punishment as is in this Act mentioned. View Complete Act List Judgments citing this sectionTitle : Period of Limitation for Trial
State : Central
Year : 2007
(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 sectionTitle : Application of Act During Term of Sentence
State : Central
Year : 2007
(1) When a person subject to this Act is sentenced by a Force Court to imprisonment, this Act shall apply to him during the term of his sentence, though he is dismissed from the Force, or has otherwise ceased to be subject to this Act, and he may be kept, removed imprisoned and punished as if he continued to be subject to this Act. (2) When a person subject to this Act is sentenced by a Force Court to death, this Act shall apply to him till the sentence is carried out. View Complete Act List Judgments citing this sectionTitle : Conviction for Offences Not Charged
State : Central
Year : 2007
A person charged before a Force Court with-- (a) desertion may be found guilty of attempting to desert or of being absent without leave; (b) attempting to desert may be found guilty of being absent without leave; (c) using criminal force may be found guilty of assault; (d) using threatening language may be found guilty of using insubordinate language; (e) 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) 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(2 of 1974) were applicable. (g) any offence under this Act may, on..... View Complete Act List Judgments citing this sectionTitle : Evidence of Previous Convictions and General Character
State : Central
Year : 2007
(1) When any person subject to this Act has been convicted by a Force Court of any offence, such Force Court may inquire into, and receive, and record evidence of any previous convictions of such person, either by a Force Court or by a criminal court, or any previous award of punishment under section 56 or section 58, and may further inquire into and record the general character of such person and such other matters as may be prescribed. (2) Evidence received under this section may be either oral, or in the shape of entries in, or certified extracts from, books of Force Courts or other official record; and it shall not be necessary to give notice before trial to the person tried that evidence as to his previous convictions or character will be received. (3) At a Summary Force Court,..... View Complete Act List Judgments citing this sectionTitle : Powers of Force Court in Relation to Proceedings Under This Act
State : Central
Year : 2007
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(45 of 1860) 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.(2 of 1974) View Complete Act List Judgments citing this sectionTitle : Alteration of Finding or Sentence in Certain Cases
State : Central
Year : 2007
(1) Where a finding of guilty by a Force Court, which has been confirmed or which does not require confirmation, is found for any reason to be invalid or cannot be supported by the evidence, the authority which would have had power under section 142 to commute the punishment awarded by the sentence, if the finding had been valid may substitute a new finding and pass a sentence for the offence specified or involved in such finding: Provided that no such substitution shall be made unless such finding could have been validly made by the Force Court on the charge and unless it appears that the Force Court must have been satisfied of the facts establishing the said offence. (2) Where a sentence passed by a Force Court which has been confirmed, or which does not require confirmation, not..... View Complete Act List Judgments citing this sectionTitle : Powers and Duties Conferrable on Members of the Force
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 : Protection for Acts of Members of the Force
State : Central
Year : 2007
(1) In any suit or proceeding against any member of the Force for any act done by him in pursuance of a warrant or order of a competent authority, it shall be lawful for him to plead that such act was done by him under the authority of such warrant or order. (2) Any such plea may be proved by the production of the warrant or order directing the act, and if it is so proved, the member of the Force shall thereupon be discharged from liability in respect of the act so done by him, notwithstanding any defect in the jurisdiction of the authority which issued such warrant or order. (3) Notwithstanding anything contained in any other law for the time being in force, any legal proceeding (whether civil or criminal) which may lawfully be brought against any member of the Force for anything..... View Complete Act List Judgments citing this sectionTitle : Insubordination and Obstruction
State : Central
Year : 2007
Any person subject to this Act who commits any of the following offences, namely:-- (a) being concerned in any quarrel, affray or disorder, refuses to obey any officer, though of inferior rank, who orders him into arrest, or uses criminal force to, or assaults, any such officer; or (b) uses criminal force to, or assaults any person, whether subject to this Act or not, in whose custody he is lawfully placed, and whether he is or is not his superior officer; or (c) resists an escort whose duty it is to apprehend him or to have him in charge; or (d) breaks out of barracks, camp or quarters; or (e) neglects to obey any general, local or other order; or (f) impedes the Force Police referred to in section 75 or any person lawfully acting on his behalf, or when called upon, refuses..... View Complete Act List Judgments citing this section