The Sashastra Seema Bal 2007 (Bare Act)/ Universal Law Publishing

THE SASHASTRA SEEMA BAL ACT, 2007
Introduction
Sections
1. Short title and commencement
2. Definitions
3. Persons subject to this Act
CHAPTER I
PRELIMINARY

CHAPTER II ;
CONSTITUTION OF THE FORCE AND CONDITIONS
OF SERVICE OF THE MEMBERS OF THE FORCE
Constitution of the Force
Control, direction, etc.
Enrolment Liability for service outside India Resignation and withdrawal from the post
Tenure of service under the Act ^
Termination of service by Central Government Dismissal, removal or reduction in rank by the Director-General and by other officers
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 ' - '
CHAPTER III
OFFENCES
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
Mutiny
Desertion and aiding desertion
Absence without leave Striking or threatening superior officer Disobedience to superior officer
Insubordination and obstruction ' ' '
False information on enrolment Unbecoming conduct Certain forms of disgraceful conduct Ill-treating a subordinate
Intoxication

]
Permitting escape of person in custody Irregularity in connection witli arrest or confinement Escape from custody
Offences in respect of property
Extortion and exaction Making away with equipment
Injury to property, etc.
False accusations Falsifying official documents and false declarations Signing in blank and failure to report Offences relating to Force Court
False evidence Unlawful detention of pay Violation of good order and discipline Miscellaneous offences
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'
Civil offences Civil offences not triable by a Force Court
CHAPTER IV
PUNISHMENT
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
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
Collective fines
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

CHAPTER VI
ARREST AND PROCEEDINGS BEFORE TRIAL
Custody of offenders Duty of commanding officer in regard to detention
Interval betwreen committal and trial
Arrest by civil authorities Capture of deserters Inquiry into absence without leave
Force Police Officers
CHAPTER VII
FORCE COURTS
Kinds of Force Courts
Power to convene a General Force Court
Power to convene a Petty Force Court
Warrants issued under sections 77 and 78 Composition of a General Force Court Composition of a Petty Force Court
Summary Force Court
Dissolution of a Force Court
Powers of a General Force Court
Powers of a Petty Force Court
Powers of a Summary Force Court
Prohibition of second trial
Period of limitation for trial
Trial, etc., of offender who ceases to be subject to this Act Application of Act during term of sentence
Place of trial, etc.
Choice between criminal court and Force Court Power of criminal court to require delivery of offender
CHAPTER VIII
PROCEDURE OF FORCE COURTS
Presiding Officer
Judge Attorneys
Objections Oath of members. Judge Attorneys and witnesses Voting by members
General rule as to evidence
Judicial notice
Summoning of witnesses Documents exempted from production
Commissions for examination of witnesses
Examination of a witness on commission
Conviction for offences not charged
Presumption as to signature
Enrolment paper
Presumption as to certain documents ^ ^ ^ ,
• ■
r
■ t ,
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
113. Transmission to Central Government of order imder section 112
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
CHAPTER IX
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
CHAPTER X EXECUTION OF SENTENCES, PARDONS, REMISSIONS, ETC.
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 . /
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44
Sections
149. Reconsiderntlon of case after suspension of sentence
150. Fresh sentence after suspension 151. Scope of power of suspension of sentence 152. Effect of suspension and renrission of sentence on dismissal
CHAPTER XI
MISCELLANEOUS
153. Powers and duties conferrable and imposable on members of the Force.
154. Protection for acts of members of the Force
155. Power to make rules
156. Provisions as to existing Sashastra Seema Bal
THE SASHASTRA SEEMA BAL RULES, 2009
CHAPTER I , PRELIMINARY /
Rules , . , .
1. Short title, commencement and application
2. Definitions
3. Reports and applications
4. Forms of appendixes 5. Exercise of power vested in holder of an office in the Force 6. Case im-prqvided for
CHAPTER II
ORGANISATION
7. Constitution of the Force
8: ~ Ranks
9. The task of tire Force, Command and Control thereto
10. Command
CHAPTER III
RECRUITMENT ,
11. Ineligibility 12. Ineligibility of aliens , 13. Appointment of officers 14. Appointment of Subordinate Officers and Enrolled Persoirs
15. Probation
16. Procediue for enrolment, mode of enrolment and other matters
comrected therewith
17. Liability of Ser\'ice
CHAPTER IV
TERMINATION OF SERVICE
18. Termination of Service
19. Termination of service of officers by the Central Government on accormt of misconduct
20. Termination of service of officers by the Central Government on groimds of unsuitabilily
21. Termination of service of persons, oilier than officers on accouiit
of misconduct

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
CHAPTER y
ARREST AND SUSPENSION .
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
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
,ffo, o,
of evidence Application for a Court

CHAPTER VIII
ON CHARGES AND MATTERS ANTECEDENT TO TRIAL
Charge-sheet
Charges
Joint Charges
Validity of charge-sheef
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
Disqualification of officers for serving on General and Petty Force Courts
Composition of General and Petty Force Courts Duties of convening officer when convening courts
Preparation of defence by the accused Summoning of defence witnesses i .
CHAPTER IX
PROCEDURE FOR GENERAL AND PETTY FORCE COURTS
Assembly and swearing of Coiut
Commencement of trial Swearing or affirming of members Swearing or affirmation of Judge Attorney and other officers
Objection to Interpreter or Shorthand Writer Objection to Judge Attorney and prosecutor
Arraignment
Plea to jurisdiction , Objection to the charge , . , j.
Plea in bar of trial
Application for separate trial Application for trial on separate charge-sheet
Pleading to the charge
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
Operung address
Additional witness
Dropping witnesses
Withdrawal of witnesses
Examination of witness
Questioning by the Court
Reading over of evidence Calling or re-caUing witnesses by the Court ' Submission of no case to amswer and stopping of cases
Case for the defence
Witnesses for defence Witness in reply ^

Closing address Summing up by Judge Attorney
Deliberation on finding
Record and announcement of finding
Procedure on acquittal
Procedure on conviction
Sentence
Recommendation for mercy Armouncement of sentence and signing and transmission of proceedings
Revision
Confirmation and promulgation
CHAPTER X PROCEDURE OF FORCE COURTS AND INCIDENTAL MATTERS
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
Presence of all members of Court Taking'of opinions of members of Court Procedure on incidental questions
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
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.
Contents IX
Rules
140. Arraignment of accused
141. Objection by accused to charge 142. Amendment of charge
143. Special pleas
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
149. Evidence of witnesses
150. Record and announcement of finding
151. Procedure on acquittal 152. Procedure on finding of "Guilty"
153. Sentence 154. Signing of proceedings
155. Charges in different charge-sheets
156. Clearing the Court
157. Adjournment
158. Friend of the accused
159. Memorandum to be attached to proceedings
160. Promulgation
161. Review of proceedings
162. Action by the Deputy Inspector-General
163. Rules wliich shall not apply to trial by Summary Force Court
CHAPTER XII
EXECUTION OF SENTENCE
164. Direction about sentence of imprisonment
165. Warrants
166. Warrant in case of sentence of death
167. Changes in sentence
168. Sentence of dismissal
CHAPTER XIII
PETITIONS
169. Petitions against finding and sentence of Court
170. Period of Limitation
171. Mode of submitting petitions
CHAPTER XJV
COURT OF INQUIRY
172. Composition
173. Assembly Order
174. Members of Court not to be sworn or affirmed 175. Procedure of Courts of Inquiry
176. Courts of Inquiry, when to be held
177. Action on the proceedings of a Court of Inquiry 178. Copies of Court of Inquiry proceedings
105
CHAPTER XV
MISCELLANEOUS
179. Prescribed officer under Section 11
180. Authority prescribed for the purpose of Section 13(1) *
181. Prescribed officer under Sections 61 and 62
182. Prescribed authorities under Section 66
183. Prescribed officer under Section 75
EXECUTION OF SENTENCE
184. Prescribed manner of custody and prescribed officer under Sections 111
and 112
185. Prescribed officer under Section 132
186. Authorised deductions
187. Repeal and Savings
188. Transitory provision i APPENDIX J.—Sashastra Seema Bal Recruiting Form ^ APPENDIX II.—Form of delay report I
APPENDIX III •
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
APPENDIX VIII
APPENDIX IX
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
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

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