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THE SASHASTRA SEEMA BAL ACT, 2007<br/>Introduction<br/>Sections<br/>1. Short title and commencement<br/>2. Definitions<br/>3. Persons subject to this Act<br/>CHAPTER I<br/>PRELIMINARY<br/><br/>CHAPTER II ;<br/>CONSTITUTION OF THE FORCE AND CONDITIONS<br/>OF SERVICE OF THE MEMBERS OF THE FORCE<br/>Constitution of the Force<br/>Control, direction, etc.<br/>Enrolment Liability for service outside India Resignation and withdrawal from the post<br/>Tenure of service under the Act ^<br/>Termination of service by Central Government Dismissal, removal or reduction in rank by the Director-General and by other officers<br/>Certificate of termination of service Restrictions respecting right to form association, freedom of speech, etc. Redrcssal of grievances of persons other than officers Redressal of grievances of officers ' - '<br/>CHAPTER III<br/>OFFENCES<br/>Offences in relation to enemy and punishable with death Offences in relation to the enemy and not punishable with death Offences punishable more severely on active duty than at other times<br/>Mutiny<br/>Desertion and aiding desertion<br/>Absence without leave Striking or threatening superior officer Disobedience to superior officer<br/>Insubordination and obstruction ' ' '<br/>False information on enrolment Unbecoming conduct Certain forms of disgraceful conduct Ill-treating a subordinate<br/>Intoxication<br/><br/>]<br/>Permitting escape of person in custody Irregularity in connection witli arrest or confinement Escape from custody<br/>Offences in respect of property<br/>Extortion and exaction Making away with equipment<br/>Injury to property, etc.<br/>False accusations Falsifying official documents and false declarations Signing in blank and failure to report Offences relating to Force Court<br/>False evidence Unlawful detention of pay Violation of good order and discipline Miscellaneous offences<br/>Attempt Abetment of offences that have been committed Abetment of offences punishable with death and not committed Abetment of offences punishable with imprisonment and not committed'<br/>Civil offences Civil offences not triable by a Force Court<br/>CHAPTER IV<br/>PUNISHMENT<br/>Punishments by Force Courts Alternative punishments by Force Courts Combination of punishments Retention in the Force of a person convicted on active duty Punishment otherwise than by Force Courts<br/>Minor Punishments Limit of punishments imder section 56 Punishment of persons of or below the rank of Commandant ^ by Inspectors-General and others Cancellation, variation or remittance of sentence<br/>Collective fines<br/>CHAPTER V DEDUCTIONS FORM PAY AND ALLOWANCES Deductions from pay and aUowances of persons subject to this Act Pay and allowances during trial Limit of certain deductions Deduction from pubUc money due to a person Pay and aUowances of prisoner of war durmg mquiry m o his conduct Remission of deductions ^ Provision for dependants of prisoner of war from his remitted deductions and pay and aUowances Period during which a person is deemed to be a prisoner<br/><br/>CHAPTER VI<br/>ARREST AND PROCEEDINGS BEFORE TRIAL<br/>Custody of offenders Duty of commanding officer in regard to detention<br/>Interval betwreen committal and trial<br/>Arrest by civil authorities Capture of deserters Inquiry into absence without leave<br/>Force Police Officers<br/>CHAPTER VII<br/>FORCE COURTS<br/>Kinds of Force Courts<br/>Power to convene a General Force Court<br/>Power to convene a Petty Force Court<br/>Warrants issued under sections 77 and 78 Composition of a General Force Court Composition of a Petty Force Court<br/>Summary Force Court<br/>Dissolution of a Force Court<br/>Powers of a General Force Court<br/>Powers of a Petty Force Court<br/>Powers of a Summary Force Court<br/>Prohibition of second trial<br/>Period of limitation for trial<br/>Trial, etc., of offender who ceases to be subject to this Act Application of Act during term of sentence<br/>Place of trial, etc.<br/>Choice between criminal court and Force Court Power of criminal court to require delivery of offender<br/>CHAPTER VIII<br/>PROCEDURE OF FORCE COURTS<br/>Presiding Officer<br/>Judge Attorneys<br/>Objections Oath of members. Judge Attorneys and witnesses Voting by members<br/>General rule as to evidence<br/>Judicial notice<br/>Summoning of witnesses Documents exempted from production<br/>Commissions for examination of witnesses<br/>Examination of a witness on commission<br/>Conviction for offences not charged<br/>Presumption as to signature<br/>Enrolment paper<br/>Presumption as to certain documents ^ ^ ^ ,<br/>• ■<br/>r<br/>■ t ,<br/>109. Reference by accused to Government officer 110. Evidence of previous convictions and general character 111. Lunacy of accused 112. Subsequent fitness of lunatic accused for trial<br/>113. Transmission to Central Government of order imder section 112<br/>114. Release of lunatic accused 115. Delivery of lunatic accused to relatives 116. Order for custody and disposal of property pending trial 117. Order for disposal of property regarding which offence is committed 118. Powers of Force Court in relation to proceedings under this Act 119. Tender of pardon to accomplices 120. Trial of person not complying with conditions of pardon<br/>CHAPTER IX<br/>CONFIRMATION AND REVISION OF PROCEEDINGS 121. Finding and sentence not valid urJess confirmed 122. Power to confirm finding and sentence of General Force Court 123. Power to confirm finding and sentence of Petty Force Court 124. Limitation of powers of confirming authority 125. Power of confirming authority to mitigate, remit or commute sentences 126. Confirming of findings and sentences on board a ship 127. Revision of finding or sentence 128. Finding and sentence of a Summary Force Court 129. Transmission of proceedings of Summary Force Court 130. Alternation of finding or sentence in certain cases 1.31. Petition against order, finding or sentence of Force Court 132. Annulment of proceedings<br/>CHAPTER X EXECUTION OF SENTENCES, PARDONS, REMISSIONS, ETC.<br/>133. Execution of sentence of death 134. Commencement of sentence of imprisonment 135. Execution of sentence of imprisonment 136. Temporary custody of convict 137. Execution of sentence of imprisonment in special cases 138. Conveyance of prisoner from place to place 139. Communication of certain orders to prison officers 140. Recovery of fine 141. Informant}' or error in order or warrant 142. Pardon and remission/ ^ ^ 143. Cancellation of conditional pardons, release on parole or remission 144. Suspension of sentence of imprisonment 145. Orders pending susper.sion of sentence 146. Release on suspension of sentence 147. Computation of period of sentence 148. Order after suspension of sentence . /<br/>44<br/>44<br/>Sections<br/>149. Reconsiderntlon of case after suspension of sentence<br/>150. Fresh sentence after suspension 151. Scope of power of suspension of sentence 152. Effect of suspension and renrission of sentence on dismissal<br/>CHAPTER XI<br/>MISCELLANEOUS<br/>153. Powers and duties conferrable and imposable on members of the Force.<br/>154. Protection for acts of members of the Force<br/>155. Power to make rules<br/>156. Provisions as to existing Sashastra Seema Bal<br/>THE SASHASTRA SEEMA BAL RULES, 2009<br/>CHAPTER I , PRELIMINARY /<br/>Rules , . , .<br/>1. Short title, commencement and application<br/>2. Definitions<br/>3. Reports and applications<br/>4. Forms of appendixes 5. Exercise of power vested in holder of an office in the Force 6. Case im-prqvided for<br/>CHAPTER II<br/>ORGANISATION<br/>7. Constitution of the Force<br/>8: ~ Ranks<br/>9. The task of tire Force, Command and Control thereto<br/>10. Command<br/>CHAPTER III<br/>RECRUITMENT ,<br/>11. Ineligibility 12. Ineligibility of aliens , 13. Appointment of officers 14. Appointment of Subordinate Officers and Enrolled Persoirs<br/>15. Probation<br/>16. Procediue for enrolment, mode of enrolment and other matters<br/>comrected therewith<br/>17. Liability of Ser\'ice<br/>CHAPTER IV<br/>TERMINATION OF SERVICE<br/>18. Termination of Service<br/>19. Termination of service of officers by the Central Government on accormt of misconduct<br/>20. Termination of service of officers by the Central Government on groimds of unsuitabilily<br/>21. Termination of service of persons, oilier than officers on accouiit<br/>of misconduct<br/><br/>Discharge from service on grounds of unsatisfactory progress in training Termination of service on grounds of furtushing false or incorrect information at the time of appointment Retirement or discharge or release of officers on grounds of ^ physical unfitness Terrrunation of service of subordinate officers by the authorities as specified in Rule 18 on the grounds of unsuitability Termination of service of eruoiled persons on the grounds of unsuitability Retirement or discharge of subordinate officers and enrolled persons on groimds of physical urditness Resignation Appeal against orders of dismissal, removal or retirement Date of dismissal, removal, discharge or retirement<br/>CHAPTER y<br/>ARREST AND SUSPENSION .<br/>Forms of arrest Authority to order arrest Arrest, how imposed Release from arrest during investigation Release without prejudice to re-arrest Arrest, when to be imposed Special provision in case of arrest of an intoxicated person Arrest in case of persons whose trial has been ordered Delay Report Rights of a person under arrest Suspension<br/>CHAPTER VI CHOICE OF JURISDICTION BETWEEN FORCE COURT AND CRIMINAL COURT Trial of cases either by Force Court or Criminal Court • Cases which may not be tried by Force Court CHAPTER VII INVESTIGATION AND SUMMARY DISPOSAL Hefrllirby an"oXer not below the rank of Assistant Commandant Hearing by the Commanding Officer for dbp<».l of ch„80 Summary disposal of charges against subordmate officer Attaclunent to another Unit Charges not to be deaU with summarily Record of evidence Abstract of evidence<br/>,ffo, o,<br/>of evidence Application for a Court<br/><br/>CHAPTER VIII<br/>ON CHARGES AND MATTERS ANTECEDENT TO TRIAL<br/>Charge-sheet<br/>Charges<br/>Joint Charges<br/>Validity of charge-sheef<br/>Amendment of the charge by the Force Court Amendment of Charge by Convening Officer , . Action by a Superior Authority on receiving an application for convening a Court<br/>Disqualification of officers for serving on General and Petty Force Courts<br/>Composition of General and Petty Force Courts Duties of convening officer when convening courts<br/>Preparation of defence by the accused Summoning of defence witnesses i .<br/>CHAPTER IX<br/>PROCEDURE FOR GENERAL AND PETTY FORCE COURTS<br/>Assembly and swearing of Coiut<br/>Commencement of trial Swearing or affirming of members Swearing or affirmation of Judge Attorney and other officers<br/>Objection to Interpreter or Shorthand Writer Objection to Judge Attorney and prosecutor<br/>Arraignment<br/>Plea to jurisdiction , Objection to the charge , . , j.<br/>Plea in bar of trial<br/>Application for separate trial Application for trial on separate charge-sheet<br/>Pleading to the charge<br/>Acceptance of plea of guilty Plea on alternative charge Order of trial where plea of guilty and not guilty Charge of plea Procedure on plea of not guilty<br/>Operung address<br/>Additional witness<br/>Dropping witnesses<br/>Withdrawal of witnesses<br/>Examination of witness<br/>Questioning by the Court<br/>Reading over of evidence Calling or re-caUing witnesses by the Court ' Submission of no case to amswer and stopping of cases<br/>Case for the defence<br/>Witnesses for defence Witness in reply ^<br/><br/>Closing address Summing up by Judge Attorney<br/>Deliberation on finding<br/>Record and announcement of finding<br/>Procedure on acquittal<br/>Procedure on conviction<br/>Sentence<br/>Recommendation for mercy Armouncement of sentence and signing and transmission of proceedings<br/>Revision<br/>Confirmation and promulgation<br/>CHAPTER X PROCEDURE OF FORCE COURTS AND INCIDENTAL MATTERS<br/>Seating of members Responsibility of presiding officer j Power of Court over address of prosecutor and accused Sitting in closed Court Continuity of trial and adjournment of Court Suspension of trial Proceedings on death or illness of accused Death, retirement or absence of presiding officer<br/>Presence of all members of Court Taking'of opinions of members of Court Procedure on incidental questions<br/>Evidence when to be translated Record in Proceedings of transacUons of a Force Court Custody and inspection of proceedings Review of General /Petty Force Court proceedings Defending Officer, friend of accused and coimsel Requirement for appearance of counsel Disqualification of Judge Attorney Substitution on death, illness or absence of Judge Attorney Power and duties of Judge Attorney Finding of insanity Preservation of proceedings Right of person tried to copies of proceedings Copy of proceedings not to be given in certam cases Loss of proceedings Offences by witnesses and others CHAPTER XI ^ SUMMARY FORCE COURl<br/>135. Proceedings 136. Evidence when to be translated 137. Assembly ~ 138 Swearing or affirming of court and mte^reter S: L.rin8 of C„,.. .0 ..y -v.ral poion.<br/>Contents IX<br/>Rules<br/>140. Arraignment of accused<br/>141. Objection by accused to charge 142. Amendment of charge<br/>143. Special pleas<br/>144. General plea of "Guilty" or "Not Guilty" 145. Procediue after plea of "Guilty" 146. Withdrawal of plea of "Not Guilty" 147. Procedure after plea of "Not Guilty" 148. Witnesses in reply to defence<br/>149. Evidence of witnesses<br/>150. Record and announcement of finding<br/>151. Procedure on acquittal 152. Procedure on finding of "Guilty"<br/>153. Sentence 154. Signing of proceedings<br/>155. Charges in different charge-sheets<br/>156. Clearing the Court<br/>157. Adjournment<br/>158. Friend of the accused<br/>159. Memorandum to be attached to proceedings<br/>160. Promulgation<br/>161. Review of proceedings<br/>162. Action by the Deputy Inspector-General<br/>163. Rules wliich shall not apply to trial by Summary Force Court<br/>CHAPTER XII<br/>EXECUTION OF SENTENCE<br/>164. Direction about sentence of imprisonment<br/>165. Warrants<br/>166. Warrant in case of sentence of death<br/>167. Changes in sentence<br/>168. Sentence of dismissal<br/>CHAPTER XIII<br/>PETITIONS<br/>169. Petitions against finding and sentence of Court<br/>170. Period of Limitation<br/>171. Mode of submitting petitions<br/>CHAPTER XJV<br/>COURT OF INQUIRY<br/>172. Composition<br/>173. Assembly Order<br/>174. Members of Court not to be sworn or affirmed 175. Procedure of Courts of Inquiry<br/>176. Courts of Inquiry, when to be held<br/>177. Action on the proceedings of a Court of Inquiry 178. Copies of Court of Inquiry proceedings<br/>105<br/>CHAPTER XV<br/>MISCELLANEOUS<br/>179. Prescribed officer under Section 11<br/>180. Authority prescribed for the purpose of Section 13(1) *<br/>181. Prescribed officer under Sections 61 and 62<br/>182. Prescribed authorities under Section 66<br/>183. Prescribed officer under Section 75<br/>EXECUTION OF SENTENCE<br/>184. Prescribed manner of custody and prescribed officer under Sections 111<br/>and 112<br/>185. Prescribed officer under Section 132<br/>186. Authorised deductions<br/>187. Repeal and Savings<br/>188. Transitory provision i APPENDIX J.—Sashastra Seema Bal Recruiting Form ^ APPENDIX II.—Form of delay report I<br/>APPENDIX III •<br/>APPENDIX IV.—Offence report APPENDIX v.—Charge-sheet APPENDIX VI.—Form of application for a Force Court APPENDIX VII.—Forms as to Force Court Forms for Assembly of Force Court General NDA Petty<br/>APPENDIX VIII<br/>APPENDIX IX<br/>APPENDIX X • FORM 'A'.—Warrant of commitment for use when a prisoner is sentenced to imprisonment for life (Section 135) . form 'B'.—^Warrant of commitment for use when a prisoner is sentenced to imprisonment which is to be undergone in a civil prison (Section 135) FORM "C.—Warrant for use when a sentence of imprisonment for life is reduced by superior authority to one of a shorter period (Section 139) FORM 'D'.—Warrant for use when prisoner is to be delivered into force custody<br/>APPENDIX XI FORM 'A'.—Warrant committing to civil prison custody a person sentenced to death FORM 'B'.—Warrant to obtain in person sentenced to deatli from civil custody in order to carry out such sentence FORM 'C'.—Warrant to carry out sentence of deatli APPENDIX XII ■ ■ form 'A'.-Warront for use when the sentence of a person of death and committed to custody m a civil prison is commuted to a sentence of imprisonment for life form 'B'.-Warrant for use when the sentence of a person under sentence of deaUi and committed to custody m a civil prison i.s commuted to a sentence of imprisonment to be sen'ed in the same prison<br/><br/>FORK! 'C.—^Warrant for use when a person, who after having been sentenced to death has been committed to custody in a civil prison is to be delivered into the Force custody for a purpose other than carrying out the sentence of death ^. . 121 FORM 'D'.—^Warrant for use when a prisoner Ls pardoned or his trial set aside, or when the whole sentence or tlie unexpired portion thereof is remitted (Section 139) . . • 122 APPENDIX XIII.—Report on unnatural death • • • 123 APPENDIX XIV . . . 124 FORM I.— Form for use at Summary Trials of Officers and Subordinate Officers (Section 58) . • • • FORM II.— Form for use at Summary Trials of Officers and Subordinate Officers (Section 58) . . . 125 APPENDIX XV.—Forms of Summons to Witnesses |
