THE INDO-TIBETAN BORDER POLICE FORCE ACT, 1992 
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ARRANGENMENT OF SECTIONS 
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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 OR SERVICE OF THE MEMBERS OF THE FORCE 

4.  Constitution of the Force. 
5.  Control, direction, etc. 
6.  Enrolment. 
7.  Liability for service outside India. 
8.  Resignation and withdrawal from the post. 
9.  Tenure of service under the Act. 
10.  Termination of service by Central Government. 
11.  Dismissal, removal or reduction by the Director-General and by other officers. 
12.  Certificate of termination of service. 
13.  Restrictions respecting right to form association, freedom of speech, etc. 
14.  Remedy of aggrieved persons other than officers. 
15.  Remedy of aggrieved officers. 

CHAPTER III 

OFFENCES 

16.  Offences in relation to the enemy or terrorist and punishable with death. 
17.  Offences in relation to the enemy and not punishable with death. 
18.  Offences punishable more severely on active duty than at other times. 
19.  Mutiny. 
20.  Desertion and aiding desertion. 
21.  Absence without leave. 
22.  Striking or threatening superior officers. 
23.  Disobedience to superior officer. 
24.  Insubordination and obstruction. 
25.  False answers on enrolment. 
26.  Unbecoming conduct. 
27.  Certain forms of disgraceful conduct. 
28.  Ill-treating a subordinate. 
29.  Intoxication. 
30.  Permitting escape of person in custody. 
31.  Irregularity in connection with arrest or confinement. 
32.  Escape from custody. 
33.  Offences in respect of property. 
34.  Extortion and exaction. 
35.  Making away with equipment. 
36.  Injury to property. 

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SECTIONS 

37.  False accusations. 
38.  Falsifying official documents and false declarations. 
39.  Signing in blank and failure to report. 
40.  Offences relating to Force Court. 
41.  False evidence. 
42.  Unlawful detention of pay. 
43.  Violation of good order and discipline. 
44.  Miscellaneous offences. 
45.  Attempt. 
46.  Abetment of offences that have been committed. 
47.  Abetment of offences punishable with death and not Committee. 
48.  Abetment of offences punishable with imprisonment and not committed. 
49.  Civil offences. 
50.  Civil offences not triable by a Force Court. 

CHAPTER IV 

PUNISHMENTS 

51.  Punishment awardable by Force Courts. 
52.  Alternative punishments awardable by Force Courts. 
53.  Combination of punishments. 
54.  Retention in the force of a person convicted on active duty. 
55.  Punishments otherwise than by Force Courts. 
56.  Minor punishments. 
57.  Limit of punishments under section 56. 
58.  Punishment of persons of or below the rank of Commandant by Inspectors-General and others. 
59.  Review of proceedings. 
60.  Collective fines. 

CHAPTER V 

DEDUCTIONS FROM PAY AND ALLOWANCES 
61.  Deductions from pay and allowances of persons subject to this Act. 
62.  Pay and allowances during trial. 
63.  Limit of certain deductions. 
64.  Deduction from public money due to a person. 
65.  Pay and allowances of prisoner of war during inquiry into his conduct. 
66.  Remission of deductions. 
67.  Provision for dependants of prisoner of war from his remitted deductions and pay and allowances. 
68.  Period during which a person is dedmed to be a prisoner of war. 

CHAPTER VI 

ARREST AND PROCEEDINGS BEFORE TRIAL 

69.  Custody of offenders. 
70.  Duty of commanding officer in regard to detention. 
71.  Interval between committal and trial. 
72.  Arrest by civil authorities. 
73.  Capture of deserters. 
74.  Inquiry into absence without leave. 
75.  Force Police Officers. 

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CHAPTER VII 

FORCE COURTS 

SECTIONS 

76.  Kinds of Force Courts. 
77.  Power to convene a General Force Court. 
78.  Power to convene a Petty Force Court. 
79.  Contents of warrants issued under sections 77 and 78. 
80.  Composition of a General Force Court. 
81.  Composition of a Petty Force Court. 
82.  Summary Force Court. 
83.  Dissolution of a Force Court. 
84.  Power of a General Force Court. 
85.  Power of a Petty Force Court. 
86.  Power of a Summary Force Court. 
87.  Prohibition of second trial. 
88.  Period of limitation for trial. 
89.  Trial, etc., of offender who ceases to be subject to this Act. 
90.  Application of Act during term of sentence. 
91.  Place of trial. 
92.  Choice between criminal court and Force Court. 
93.  Power of criminal court to require delivery of offender. 

CHAPTER VIII 

PROCEDURE OF FORCE COURTS 

94.  Presiding officer. 
95.  Judge Attorneys. 
96.  Challenge. 
97.  Oaths of member, Judge Attorney and witness. 
98.  Voting by members. 
99.  General rule as to evidence. 

100.  Judicial notice. 
101.  Summoning witnesses. 
102.  Documents exempted from production. 
103.  Commissions for examination of witnesses. 
104.  Examination of a witness on commission. 
105.  Conviction for offences not charged. 
106.  Presumption as to signatures. 
107.  Enrolment paper. 
108.  Presumption as to certain documents. 
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 orders under 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 accomplies. 
120. Trial of person not complying with conditions of pardon. 

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CHAPTER IX 

CONFIRMATION AND REVISION 

SECTIONS 

121.  Finding and sentence not valid unless 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.  Alteration of finding or sentence in certain cases. 
131.  Remedy against order, finding or sentence of Force Court. 
132. Annulment of proceedings. 

CHAPTER X 

EXECUTION OF SENTENCES, PARDONS, REMISSIONS, ETC. 

133.  Form of sentence of death. 
134.  Commencement of sentence of imprisonment. 
135.  Execution of sentence of imprisonment. 
136.  Temporary custody of offender. 
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.  Execution of sentence of fine. 
141.  Informality or error in the order or warrant. 
142.  Pardon and remission. 
143.  Cancellation of conditional pardon, release on parole or remission. 
144.  Suspension of sentence of imprisonment. 
145.  Orders pending suspension. 
146.  Release on suspension. 
147.  Computation of period of suspension. 
148.  Order after suspension. 
149.  Reconsideration of case after suspension. 
150.  Fresh sentence after suspension. 
151.  Scope of power of suspension. 
152.  Effect of suspension and remission on dismissal. 

CHAPTER XI 

MISCELLANEOUS 

153.  Rank structure. 
154.  Powers and duties conferable and imposable on members of the Force. 
155.  Protection for acts of members of the Force. 
156.  Power to make rules. 
157.  Provisions as to existing Indo-Tibetan Border Police Force. 

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THE INDO-TIBETAN BORDER POLICE FORCE ACT, 1992 

ACTNO. 35 OF 1992 

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 Forty-third Year of the Republic of India as follows:— 

[1st September, 1992.]    

CHAPTER I 

PRELIMINARY 

1.  Short  title  and  commencement.—(1)  This  Act  may  be  called  the  Indo-Tibetan  Border  Police 

Force Act, 1992. 

(2) It shall come into force on such date1 as the Central Government may, by notification, appoint. 
2. Definitions.—(1) In this Act, unless the context otherwise requires,— 

(a) “active duty”, in relation to a person subject to this Act, means any duty as a member of the 

Force during the period in which such person is attached to, or forms part of, a unit of the Force— 

(i) which is engaged in operations against an enemy, or 
(ii) which is operating at a picket or engaged on patrol or other guard duty along the borders 

of India, 

and includes duty by such person during any period declared by the Central Government by order as a 
period of active duty with reference to any area in which any person or class of persons subject to this Act 
may be serving; 

(b) “battalion” means a unit of the Force constituted as a battalion by the Central Government; 
(c) “civil offence” means an offence which is triable by a criminal court; 
(d) “civil prison” means any jail or place used for the detention of any criminal prisoner under the 

Prisons Act, 1894 (9 of 1894), or under any other law for the time being in force; 

(e) “commanding officer”, used in relation to a person subject to this Act, means an officer for the 
time being in command ofthe unit or any separate portion of the Force to which such person belongs 
or is attached; 

(f) “criminal court” means a court of ordinary criminal justice in any part of India and includes a 

Court of a special Judge appointed under the Criminal Law Amendment Act, 1952 (46 of 1952); 

(g) “Deputy Inspector-General” and “Additional Deputy Inspector-General” mean respectively a 
Deputy Inspector-General and an Additional Deputy Inspector-General of the Force appointed under 
section 5; 

(h)  “Director-General”  and  “Additional  Director-General”  mean  respectively  the  Director-

General and an Additional Director-General of the Force appointed under section 5; 

(i) “enemy” includes all armed mutineers, armed rebels, armed rioters, pirates and any person in 

arms against whom it is the duty of any person subject to this Act to take action; 

(j) “enrolled person” means an under-officer or other person enrolled under this Act; 
(k) “Force” means the Indo-Tibetan Border Police Force; 
(l) “Force Court” means a Court referred to in section 76; 

(m)  “Force  custody”  means  the  arrest  or  confinement  of  a  member  of  the  Force  according  to 

rules; 

(n) “Inspector-General” means the Inspector-General of the Force appointed under section 5; 

1. 30th May, 1994, vide notification No. S.O. 414(E), dated 28th May, 1994, see  Gazette of India, Extraordinary, Part II, sec. 

3(ii). 

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(o)  “Judge  Attorney-General”,  “Additional  Judge  Attorney-General”,  “Deputy  Judge               

Attorney-General”  and  “Judge  Attorney”  mean  respectively  the  Judge  Attorney-General,  an 
Additional  Judge  Attorney-General,  a  Deputy  Judge  Attorney-General  and  a  Judge  Attorney  of  the 
Force appointed in the appropriate rank by the Central Government; 

(p)  “member  of  the  Force”  means  an  officer,  a  subordinate  officer,  an  under-officer  or  other 

enrolled person; 

(q) “notification” means a notification published in the Official Gazette; 

(r) “offence” means any act or omission punishable under this Act and includes a civil offence;  

(s) “officer” means a person appointed or in pay as an officer of the Force, but does not include a 

subordinate officer or an under-officer; 

(t) “prescribed” means prescribed by rules made under this Act; 

(u) “rule” means a rule made under this Act; 

(v) “subordinate officer” means a person appointed or in pay as a Subedar Major, a Subedar or a 

Sub-Inspector of the Force; 

(w) “superior officer”, when used in relation to a person subject to this Act, means— 

(i) any member of the Force to whose command such person is for the time being subject in 

accordance with the rules; 

(ii) any officer of a higher rank or class or of a higher grade in the same class,  

and includes, when such person is not an officer, a subordinate officer or an under-officer of a higher 
rank, class or grade; 

(x) “under-officer” means a Head Constable, a Naik or a Lance Naik of the Force; 

(y) “unit” includes— 

(a)  any  body  of  officers  and  other  members  of  the  Force  for  which  a  separate  authorised 

establishment exists; 

(b) any separate body of persons subject to this Act employed on any service and not attached 

to a unit as aforesaid; 

(c) any other separate body of persons composed wholly or partly of persons subject to this 

Act and specified as a unit by the Central Government; 

(z)  all  words  and  expressions  used  and  not  defined  in  this  Act  but  defined  in  the  Indian  Penal 
Code (45 of 1860), the Army Act, 1950 (45 of 1950) or the National Security Guard Act, 1986 (47 of 
1986), shall have the meanings respectively assigned to them in that Code or those Acts. 

(2)  In  this  Act,  references  to  any  law  not  in  force  in  the  State  of  Jammu  and  Kashmir*  shall  be 

construed as references to the corresponding law in force in that State. 

3. Persons subject to this Act.—(1) The following persons appointed (whether on deputation or in 

any other manner) in the Force shall be subject to this Act, wherever they may be, namely:— 

(a) officers and subordinate officers; and 

(b) under-officers and other persons enrolled under this Act. 

(2)  Every  person  subject  to  this  Act  shall  remain  so  subject  until  repatriated,  retired,  released, 
discharged, removed or dismissed from the Force in accordance with the provisions of this Act and the 
rules. 

*. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu 

and Kashmir and the Union territory of Ladakh. 

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CHAPTER II 

CONSTITUTION OF THE FORCE AND CONDITIONS OF SERVICE OF THE MEMBERS OFTHE FORCE 

4.  Constitution  of  the  Force.—(1)  There  shall  be  an  armed  force  of  the  Union  called  the  Indo-
Tibetan Border Police Force for ensuring the security of the borders of India and performing such other 
duties as may be entrusted to it by the Central Government. 

(2)  Subject  to  the  provisions  of  this  Act,  the  Force  shall  be  constituted  in  such  manner  as  may  be 

prescribed and the conditions of service of the members of the Force shall be such as may be prescribed. 

5. Control, direction, etc.—(1) The general superintendence, direction and control of the Force shall 
vest in, and be exercised by, the Central Government and subject thereto, and to the provisions of this Act 
and the rules, the command and supervision of the Force shall vest in an officer to be appointed by the 
Central Government as the Director-General of the Force. 

(2)  The  Director-General  shall,  in  the  discharge  of  his  duties  under  this  Act,  be  assisted  by  such 
number  of  Additional  Directors-General,  Inspectors-General,  Deputy  Inspectors-General,  Additional 
Deputy  Inspectors-General,  Commandants  and  other  officers  as  may  be  appointed  by  the  Central 
Government.  

6. Enrolment.—The persons to be enrolled to the Force, the mode of enrolment, and the procedure 

for enrolment shall be such as may be prescribed. 

7. Liability for service outside India.—Every member of the Force shall be liable to serve in any 

part of India as well as outside India.  

8. Resignation and withdrawal from the post.—No member of the Force shall be at liberty,— 

(a) to resign his appointment during the term of his engagement; or 

(b) to withdraw himself from all or any of the duties of his appointment, 

except with the previous permission in writing of the prescribed authority. 

9. Tenure of service under the Act.—Every person subject to this Act shall hold office during the 

pleasure of the President. 

10. Termination of service by Central Government.—Subject to the provisions of this Act and the 

rules, the Central Government may dismiss or remove from the service any person subject to this Act. 

11.  Dismissal,  removal  or  reduction  by  the  Director-General  and  by  other  officers.—(1)  The 
Director-General, any Additional Director-General or Inspector-General may dismiss or remove from the 
service or reduce to a lower grade or rank or ranks any person subject to this Act other than an officer. 

(2) An officer not below the rank of Additional Deputy Inspector-General or any prescribed officer 
may  dismiss  or  remove  from  the  service  any  person  under  his  command  other  than  an  officer  or  a 
subordinate officer of such rank or ranks as may be prescribed. 

(3) Any such officer as is mentioned in sub-section (2) may reduce to a lower grade or rank or ranks 

any person under his command except an officer or a subordinate officer. 

(4) The exercise of any power under this section shall be subject to the provisions of this Act and the 

rules. 

12.  Certificate  of  termination  of  service.—A  subordinate  officer,  or  an  under-officer  or  other 
enrolled  person  who  is  retired,  discharged,  released,  removed  or  dismissed  from  the  service  shall  be 
furnished by the officer, to whose command he is subject, with a certificate in Hindi or English language 
setting forth— 

(a) the authority terminating his service; 

(b) thecause for such termination; and 

(c) the full period of his service in the Force. 

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13.  Restrictions  respecting  right  to  form  association,  freedom  of  speech,  etc.—(1)  No  person 
subject  to  this  Act  shall,  without  the  previous  sanction  in  writing  of  the  Central  Government  or  of  the 
prescribed authority,— 

(a)  be  a  member  of,  or  be  associated  in  any  way  with,  any  trade  union,  labour  union,  political 

association or with any class of trade unions, labour unions or political associations; or  

(b)  be  a  member  of,  or  be  associated  in  any  way  with,  any  society,  institution,  association  or 
organisation  that  is  not  recognised  as  part  of  the  Force  or  is  not  of  a  purely  social,  recreational  or 
religious nature; or 

(c)  communicate  with  the  press  or  publish  or  cause  to  be  published  any  book,  letter  or  other 
document except where such communication or publication is in the bona fide discharge of his duties 
or is of a purely literary, artistic or scientific character or is of a prescribed nature. 

Explanation.—If any question arises as to whether any society, institution, association or organisation 
is of a purely social, recreational or religious nature under clause (b) of this sub-section, the decision of 
the Central Government thereon shall be final. 

(2)  No  person  subject  to  this  Act  shall  participate  in,  or  address,  any  meeting  or  take  part  in  any 
demonstration organised by anybody of persons for any political purposes or for such other purposes as 
may be prescribed.  

14.  Remedy  of  aggrieved  persons  other  than  officers.—(1)  Any  person  subject  to  this  Act  other 
than an officer who deems himself wronged by any superior or other officer may complain to the officer 
under whose command he is serving. 

(2)  When  the  officer  complained  against  is  the  officer  to  whom  any  complaint  should,  under  sub-

section (1), be preferred, the aggrieved person may complain to such officer’s next superior officer.  

(3) Every officer receiving any such complaint shall make as complete an investigation into it as may 
be possible for giving full redress to the complainant, or when necessary, refer the complaint to a superior 
authority. 

(4) The Director-General may revise any decision made under any of the foregoing sub-sections, but, 

subject thereto, such decision shall be final. 

15. Remedy of aggrieved officers.—Any officer who deems himself wronged by his commanding 
officer or any other superior officer and who, on due application made to his commanding officer or such 
other superior officer, does not receive the redress to which he considers himself entitled, may complain 
to the Director-General or the Central Government through proper channel. 

CHAPTER III 

OFFENCES 

16.  Offences  in  relation  to  the  enemy  or  terrorist  and  punishable  with  death.—Any  person 

subject to this Act who commits any of the following offences, that is to say,— 

(a)  shamefully  abandons  or  delivers  up  any  post,  place  or  guard,  committed  to  his  charge  or 

which it is his duty to defend; or 

(b)  intentionally  uses  any  means  to  compel  or  induce  any  person  subject  to  this  Act  or  to  any 
other law relating to military, naval, air force or any other armed force of the Union to abstain from 
acting against the enemy or to discourage such person from acting against the enemy; or 

(c) in the presence of the enemy or terrorist, shamefully casts away his arms, ammunition, tools 

or equipment or misbehaves in such manner as to show cowardice; or 

(d)  treacherously  holds  correspondence  with,  or  communicates  intelligence  to,  the  enemy, 

terrorist or any person in arms against the Union; or 

(e)  directly  or  indirectly  assists  the  enemy  or  terrorist  with  money,  arms  ammunition,  stores  or 

supplies or in any other manner whatsoever; or 

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(f) in time of active operation against the enemy or terrorist, intentionally occasions a false alarm 
in  action,  camp,  quarters  or  spreads  or  causes  to  be  spread  reports  calculated  to  create  alarm  or 
despondency; or 

(g) in time of action leaves his commanding officer or other superior officer or his post, guard, 

picket, patrol or party without being regularly relieved or without leave; or  

(h) having been captured by the enemy or made a prisoner of war, voluntarily serves with or aids 

the enemy; or 

(i) knowingly harbours or protects an enemy, not being a prisoner; or  

(j) being a sentry in time of active operation against the enemy or alarm, sleeps upon his post or is 

intoxicated; or 

(k) knowingly does any act calculated to imperil the success of the Force or the military, naval or 

air force of India or any forces co-operating therewith or any part of such forces,  

shall, on conviction by a Force Court, be liable to suffer death or such less punishment as is in this Act 
mentioned.  

17. Offences in relation to the enemy and not punishable with death.—Any person subject to this 

Act who commits any of the following offences, that is to say,— 

(a)  is  taken  prisoner  or  captured  by  the  enemy,  by  want  of  due  precaution  or  through 
disobedience of orders, or wilful neglect of duty, or having been taken prisoner or so captured fails to 
rejoin his service when able to do so; or 

(b) without due authority holds correspondence with, or communicates intelligence to, the enemy 
or  any  person  in  league  with  the  enemy  or  having  come  by  the  knowledge  of  any  such 
correspondence  or  communication,  wilfully  omits  to  discover  it  immediately  to  his  commanding 
officer or other superior officer, 

shall, on conviction by a Force Court, be liable to suffer imprisonment for a term which may extend to 
fourteen years or such less punishment as is in this Act mentioned. 

18. Offences punishable more severely on active duty than at other times.—Any person subject to 

this Act who commits any of the following offences, that is to say,— 

(a) forces a safeguard, or forces or uses criminal force to a sentry; or 
(b) breaks into any house or other place in search of plunder; or 
(c) being a sentry sleeps upon his post, or is intoxicated; or 
(d) without orders from his superior officer leaves his guard, picket, patrol or post; or 
(e)  intentionally  or  through  neglect  occasions  a  false  alarm  in  camp  or  quarters,  or  spreads  or 

causes to be spread reports calculated to create unnecessary alarm or despondency; or 

(f) makes known the parole, watchward or countersign to any person not entitled to receive it; or 

knowingly gives a parole, watchward or a countersign different from what he received, 

shall, on conviction by a Force Court,— 

(i)  if he commits  any  such  offence  when  on  active duty,  be liable to suffer imprisonment  for a 

term which may extend to fourteen years or such less punishment as is in this Act mentioned; and 

(ii) if he commits any such offence when not on active duty, be liable to suffer imprisonment for 

a term which may extend to seven years or such less punishment as is in this Act mentioned. 

19. Mutiny.—Any person subject to this Act who commits any of the following offences, that is to 

say,— 

(a) begins, incites, causes or conspires with any other person to cause any mutiny in the Force or 

in the military, naval or airforce of India or any forces co-operating therewith; or 

(b) joins in any such mutiny; or 

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(c) being present at any such mutiny, does not use his utmost endeavours to suppress the same; or 

(d) knowing or having reason to believe in the existence of any such mutiny, or of any intention 
to  mutiny  or  of  any  such  conspiracy,  does  not,  without  delay,  give  information  thereof  to  his 
commanding officer or other superior officer; or 

(e) endeavours to seduce any person in the Force or in the military, naval or air force of India or 

any forces co-operating therewith from his duty or allegiance to the Union, 

shall, on conviction by a Force Court, be liable to suffer death or suchless punishment as is in this Act 
mentioned.  

20. Desertion and aiding desertion.—(1) Any person subject to this Act who deserts or attempts to 

desert the service shall, on conviction by a Force Court,— 

(a) if he commits the offence when on active duty or when under orders for active duty, be liable 

to suffer death or such less punishment as is in this Act mentioned; and 

(b) if he commits the offence under any other circumstances, be liable to suffer imprisonment for 

a term which may extend to seven years or such less punishment as is in this Act mentioned. 

(2) Any person subject to this Act who knowingly harbours any such deserter shall, on conviction by 
a Force Court, be liable to suffer imprisonment for a term which may extend to seven years or such less 
punishment as is in this Act mentioned. 

(3) Any person subject to this Act who, being cognizant of any desertion or attempt at desertion of a 
person subject to this Act, does not forthwith give notice to his own or some other superior officer, or take 
any steps in his power to cause such person to be apprehended, shall, on conviction by a Force Court, be 
liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in 
this Act mentioned. 

(4) For the purposes of this Act, a person deserts,— 

(a) if he absents from his unit or the place of duty at any time with the intention of not reporting 
back to such unit or place, or who, at any time and under any circumstances when absent from his 
unit or place of duty, does any act which shows that he has an intention of not reporting to such unit 
or place of duty;  

(b) if he absents himself without leave with intent to avoid any active duty.  

21.  Absence  without  leave.—Any  person  subject  to  this  Act  who  commits  any  of  the  following 

offences, that is to say,— 

(a) absents himself without leave; or 

(b) without sufficient cause overstays leave granted to him; or 

(c) being on leave of absence and having received information from the appropriate authority that 
any battalion or part thereof or any other unit of the Force, to which he belongs, has been ordered on 
active duty, fails, without sufficient cause, to rejoin without delay; or 

(d) without sufficient cause fails to appear at the time fixed at the parade or place appointed for 

exercise or duty; or  

(e) when on parade, or on the line of march, without sufficient cause or without leave from his 

superior officer, quits the parade or line of march; or 

(f) when in camp or elsewhere, is found beyond any limits fixed, or in any place prohibited, by 

any general, local or other order, without a pass or written leave from his superior officer; or 

(g) without leave from his superior officer or without due cause, absents himself from any school 

or training institution when duly ordered to attend there,  

shall, on conviction by a Force Court, be liable to suffer imprisonment for a term which may extend to 
three years or such less punishment as is in this Act mentioned. 

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22. Striking or threatening superior officers.—Any person subject to this Act who commits any of 

the following offences, that is to say,— 

(a) uses criminal force to or assaults his superior officer; or 

(b) uses threatening language to such officer; or 

(c) uses insubordinate language to such officer, 

shall, on conviction by a Force Court,— 

(i) if such officer is at the time in the execution of his office or, if the offence is committed on 
active duty, be liable to suffer imprisonment for a term which may extend to fourteen years or such 
less punishment as is in this Act mentioned; and 

(ii) in other cases, be liable to suffer imprisonment for a term which may extend to ten years or 

such less punishment as is in this Act mentioned: 

Provided that in the case of an offence specified in clause (c) the imprisonment shall not exceed five 

years. 

23.  Disobedience  to  superior  officer.—(1)  Any  person  subject  to  this  Act  who  disobeys  in  such 
manner as to show a wilful defiance of authority any lawful command given personally by his superior 
officer  in  the  execution  of  his  office  whether  the  same  is  given  orally,  or  in  writing  or  by  signal  or 
otherwise, shall, on conviction by a Force Court, be liable to suffer imprisonment for a term which may 
extend to fourteen years or such less punishment as is in this Act mentioned. 

(2) Any person subject to this Act who disobeys any lawful command given by his superior officer 

shall, on conviction by a Force Court,— 

(a) if he commits such offence when on active duty, be liable to suffer imprisonment for a term 

which may extend to fourteen years or such less punishment as is in this Act mentioned; and 

(b) if he commits such offence when not on active duty, be liable to suffer imprisonment for a 

term which may extend to five years or such less punishment as is in this Act mentioned.  

24.  Insubordination  and  obstruction.—Any  person  subject  to  this  Act  who  commits  any  of  the 

following offences, that is to say,— 

(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 to assist in the execution of his duty a Force Police or any person 
lawfully acting on his behalf, 

shall, on conviction by a Force Court, be liable to suffer imprisonment for a term which may extend, in 
the  case  of  the  offences  specified  in  clauses  (d)  and  (e),  to  two  years,  and  in  the  case  of  the  offences 
specified  in  the  other  clauses,  to  ten  years,  or  in  either  case  such  less  punishment  as  is  in  this  Act 
mentioned. 

25. False answers on enrolment.—Any person having become subject to this Act who is discovered 
to have made at the time of enrolment a wilfully false answer to any question set forth in the prescribed 
form  of  enrolment  which has  been  put to  him  by  the  enrolling  officer  before  whom  he  appears  for the 
purpose of being enrolled, shall, on conviction by a Force Court, be liable to suffer imprisonment for a 
term which may extend to five years or such less punishment as is in this Act mentioned. 

11 

 
26.  Unbecoming  conduct.—Any  officer  or  subordinate  officer  who  behaves  in  a  manner 
unbecoming of his position and the character expected of him shall, on conviction by a Force Court, be 
liable to be dismissed or to suffer such less punishment as is in this Act mentioned. 

27. Certain forms of disgraceful conduct.—Any person subject to this Act who commits any of the 

following offences, that is to say,— 

(a) is guilty of any disgraceful conduct of a cruel, indecent or unnatural kind; or 

(b) malingers or feigns or produces disease or infirmity in himself or intentionally delays his cure 

or aggravates his disease or infirmity; or 

(c) with intent to render himself or any other person unfit for service, voluntarily causes hurt to 

himself or that person, 

shall, on conviction by a Force Court, be liable to suffer imprisonment for a term which may extend to 
seven years or such less punishment as is in this Act mentioned. 

28. Ill-treating a subordinate.—Any officer, subordinate officer or under-officer, who uses criminal 
force to, or otherwise ill-treats, any person subject to this Act, being his subordinate in rank or position, 
shall, on conviction by a Force Court, be liable to suffer imprisonment for a term which may extend to 
seven years or such less punishment as is in this Act mentioned. 

29. Intoxication.—(1) Any person subject to this Act who is found in a state of intoxication, whether 
on duty or not, shall, on conviction by a Force Court, be liable to suffer imprisonment for a term which 
may extend to six months or such less punishment as is in this Act mentioned. 

(2) For the purposes of sub-section (1), a person shall be deemed to be in a state of intoxication if, 
owing  to  the  influence  of  alcohol  or  any  drug  whether  alone,  or  any  combination  with  any  other 
substance,  he  is  unfit  to  be  entrusted  with  his  duty  or  with  any  duty  which  he  may  be  called  upon  to 
perform or, behaves in a disorderly manner or in a manner likely to bring discredit to the Force. 

30. Permitting escape of person in custody.—Any person subject to this Act who commits any of 

the following offences, that is to say,— 

(a)  when  in  command  of  a  guard,  picket,  patrol,  detachment  or  post,  releases  without  proper 
authority,  whether  wilfully  or  without  reasonable  excuse,  any  person  committed  to  his  charge,  or 
refuses to receive any prisoner or person so committed; or 

(b) wilfully or without reasonable excuse allows to escape any person who is committed to his 

charge, or whom it is his duty to keep or guard, 

shall, on conviction by a Force Court, be liable, if he has acted wilfully, to suffer imprisonment for a term 
which may extend to ten years or such less punishment as is in this Act mentioned; and if he has not acted 
wilfully, to suffer imprisonment for a term which may extend to two years or such less punishment as is 
in this Act mentioned. 

31. Irregularity in connection with arrest or confinement.—Any person subject to this Act who 

commits any of the following offences, that is to say,— 

 (a) unnecessarily detains a person in arrest or confinement without bringing him to trial, or fails 

to bring his case before the proper authority for investigation; or 

(b) having committed a person to Force custody fails without reasonable cause to deliver at the 
time of such committal, or as soon as practicable, and in any case within forty-eight hours thereafter, 
to  the  officer  or  other  person  into  whose  custody  the  person  arrested  is  committed,  an  account  in 
writing signed by himself of the offence with which the person so committed is charged,  

shall, on conviction by a Force Court, be liable to suffer imprisonment for a term which may extend to 
one year or such less punishment as is in this Act mentioned. 

32. Escape from custody.—Any person subject to this Act who, being in lawful custody, escapes or 
attempts  to  escape,  shall,  on  conviction  by  a  Force  Court,  be  liable  to  suffer  imprisonment  for  a  term 
which may extend to three years or such less punishment as is in this Act mentioned. 

12 

 
33. Offences in respect of property.—Any person subject to this Act who commits any of the following 
offences, that is to say,— 

(a) commits theft of any property belonging to the Government, or to any Force mess, band or 

institution, or to any person subject to this Act; or  

(b) dishonestly misappropriates or converts to his own use any such property; or  

(c) commits criminal breach of trust in respect of any such property; or 

(d) dishonestly receives or retains any such property in respect of which any of the offences under 
clauses (a), (b) and (c) has been committed, knowing or having reason to believe the commission of 
such offence; or 

(e) wilfully destroys or injures any property of the Government entrusted to him; or 

(f)  does  any  other  thing  with  intent  to  defraud,  or  to  cause  wrongful  gain  to  one  person  or 

wrongful loss to another person,  

shall, on conviction by a Force Court, be liable to suffer imprisonment for a term which may extend to ten 
years or such less punishment as is in this Act mentioned.  

34.  Extortion  and  exaction.—Any  person  subject  to  this  Act  who  commits  any  of  the  following 

offences, that is to say,— 

(a) commits extortion; or 

(b) without proper authority exacts from any person money, provisions or service, 

shall, on conviction by a Force Court, be liable to suffer imprisonment for a term which may extent to ten 
years or such less punishment as in this Act mentioned. 

35.  Making  away  with  equipment.—Any  person  subject  to  this  Act  who  commits  any  of  the 

following offences, that is to say,— 

(a) makes away with, or is concerned in making away with, any arms, ammunition, equipment, 
instruments, tools, clothing or any other thing being the property of the Government issued to him for 
his use or entrusted to him; or 

(b) loses by neglect anything mentioned in clause (a); or 

(c) sells, pawns, destroys or defaces any medal or decoration granted to him,  

shall, on conviction by a Force Court, be liable to suffer imprisonment for a term which may extend, in 
the case of the offences specified in clause (a), to ten years, and in the case of the offences specified in the 
other clauses, to five years, or in either case such less punishment as is in this Act mentioned. 

36. Injury to property.—Any person subject to this Act who commits any of the following offences, 

that is to say,— 

(a)  destroys  or  injures  any  property  mentioned  in  clause  (a)  of  section  35,  or  any  property 

belonging to any Force mess, band or institution, or to any person subject to this Act; or 

(b) commits any act which causes damage to, or destruction of, any property of the Government 

by fire; or 

(c) kills, injures, makes away with, ill-teats or loses any, animal entrusted to him,  

shall, on conviction by a Force Court, be liable, if he has acted wilfully, to suffer imprisonment for a term 
which may extend to ten years or such less punishment as is in this Act mentioned; and if he has acted 
without reasonable excuse, to suffer imprisonment for a term which may extend to five years or such less 
punishment as is in this Act mentioned.  

13 

 
 
37. False accusations.—Any person subject to this Act who commits any of the following offences, 

that is to say,— 

(a) makes a false accusation against any person subject to this Act, knowing or having reason to 

believe such accusation to be false; or  

(b) in making a complaint against any person subject to this Act makes any statement affecting 
the  character  of  such  person,  knowing  or  having  reason  to  believe  such  statement  to  be  false,  or 
knowingly and wilfully suppresses any material facts,  

shall, on conviction by a Force Court, be liable to suffer imprisonment for a term which may extend to 
three years or such less punishment as is in this Act mentioned. 

38.  Falsifying  official  documents  and  false  declarations.—Any  person  subject  to  this  Act  who 

commits any of the following offences, that is to say,— 

(a) in any report, return, list, certificate, book or other document made or signed by him, or of the 
contents of which it is his duty to ascertain the accuracy, knowingly makes, or is privy to the making 
of, any false or fraudulent statement; or 

(b) in any document of the description mentioned in clause (a) knowingly makes, or is privy to 

the making of, any omission, with intent to defraud; or 

(c)  knowingly  and  with  intent  to  injure  any  person,  or  knowingly  and  with  intent  to  defraud, 
suppresses,  defaces,  alters  or  makes  away  with  any  document  which  it  is  his  duty  to  preserve  or 
produce; or 

(d) where it is his official duty to make a declaration respecting any matter, knowingly makes a 

false declaration; or  

(e)  obtains  for  himself,  or  for  any  other  person,  any  pension,  allowance  or  other  advantage  or 
privilege by a statement which is false, and which he either knows or believes to be false or does not 
believe  to  be  true,  or  by  making  or  using  a  false  entry  in  any  book  or  record,  or  by  making  any 
document containing a false statement, or by omitting to make a true entry or document containing a 
true statement,  

shall, on conviction by a Force Court, be liable to suffer imprisonment for a term which may extend to ten 
years or such less punishment as is in this Act mentioned. 

39. Signing in blank and failure to report.—Any person subject to this Act who commits any of the 

following offences, that is to say,— 

(a) when signing any document relating to pay, arms, ammunition, equipment, clothing, supplies 
or stores, or any property of the Government fraudulently leaves in blank any material part for which 
his signature is a voucher; or  

(b) refuses or by culpable neglect omits to make or send a report or return which it is his duty to 

make or send, 

shall, on conviction by a Force Court, be liable to suffer imprisonment for a term which may extend to 
three years or such less punishment as is in this Act mentioned. 

40.  Offences  relating  to  Force  Court.—Any  person  subject  to  this  Act  who  commits  any  of  the 

following offences, that is to say,— 

(a)  being  duly  summoned  or  ordered  to  attend  as  a  witness  before  a  Force  Court,  wilfully  or 

without reasonable excuse, makes default in attending; or  

(b) refuses to take an oath or make an affirmation legally required by a Force Court to be taken or 

made; or  

(c) refuses to produce or deliver any document in his power or control legally required by a Force 

Court to be produced or delivered by him; or  

(d) refuses, when a witness, to answer any question which he is by law bound to answer; or  

14 

 
(e)  is  guilty  of  contempt  of  the  Force  Court  by  using  insulting  or  threatening  language,  or  by 

causing any interruption or disturbance in the proceedings of such Court, 

shall, on conviction by a Force Court, be liable to suffer imprisonment for a term which may extend to 
three years or such less punishment as is in this Act mentioned. 

41. False evidence.—Any person subject to this Act who, having been duly sworn or affirmed before 
any Force Court or other court competent under this Act to administer an oath or affirmation, makes any 
statement which is false, and which he either knows or believes to be false or does not believe to be true, 
shall, on conviction by a Force Court, be liable to suffer imprisonment for a term which may extend to 
seven years or such less punishment as is in this Act mentioned. 

42.  Unlawful  detention  of  pay.—Any  officer,  subordinate  officer  or  under-officer  who,  having 
received the pay of a person subject to this Act unlawfully detains or refuses to pay the same when due, 
shall, on conviction by a Force Court, be liable to suffer imprisonment for a term which may extend to 
five years or such less punishment as is in this Act mentioned. 

43. Violation of good order and discipline.—Any person subject to this Act who is guilty of any act 
or  omission  which,  though  not  specified  in  this  Act,  is  prejudicial  to  good  order  and  discipline  of  the 
Force shall, on conviction by a Force Court, be liable to suffer imprisonment for a term which may extend 
to seven years or such less punishment as is in this Act mentioned. 

44.  Miscellaneous  offences.—Any  person  subject  to  this  Act  who  commits  any  of  the  following 

offences, that is to say,— 

(a) being in command at any post or on the march, and receiving a complaint that any one under 
his command has beaten or otherwise maltreated or oppressed any person, or has disturbed any fair or 
market, or committed any riot or trespass, fails to have due reparation made to the injured person or to 
report the case to the proper authority; or 

(b) by defiling any place of worship, or otherwise, intentionally insults the religion, or wounds the 

religious feelings of any person; or 

(c) attempts to commit suicide, and in such attempt does any act towards the commission of such 

offence; or 

(d) being below the rank of subordinate officer, when off duty, appears without proper authority, 
in or about camp, or in or about, or when going to, or returning from, any town or bazar, carrying a 
rifle, sword or other offensive weapon; or 

(e) directly or indirectly accepts or obtains, or agrees to accept, or attempts to obtain, for himself 
or for any other person, any gratification as a motive or reward for procuring the enrolment of any 
person,  or leave  of  absence,  promotion or  any  other advantage  or indulgence  for  any  person  in  the 
service; or 

(f)  commits  any  offence  against  the  property  or  person  of  any  inhabitant  of,  or  resident  in,  the 

country in which he is serving, 

shall, on conviction by a Force Court, be liable to suffer imprisonment for a term which may extend to 
seven years or such less punishment as is in this Act mentioned.  

45. Attempt.—Any person subject to this Act who attempts to commit any of the offences specified 
in  sections  16  to  44  (both  inclusive)  and  in  such  attempt  does  any  act  towards  the  commission  of  the 
offence  shall,  on  conviction  by  a  Force  Court,  where  no  express  provision  is  made  by  this  Act  for  the 
punishment of such attempt, be liable,— 

(a) if the offence attempted to be committed is punishable with death, to suffer imprisonment for 

a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and 

(b)  if  the  offence  attempted  to  be  committed  is  punishable  with  imprisonment,  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. 

15 

 
46. Abetment of offences that have been committed.—Any person subject to this Act who abets the 
commission of any of the offences specified in sections 16 to 44 (both inclusive) shall, on conviction by a 
Force Court, if the act abetted is 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 the punishment provided for 
that offence or such less punishment as is in this Act mentioned. 

47. Abetment of offences punishable with death and not Committee.—Any person subject to this 
Act  who  abets the  commission of any  of  the  offences  punishable  with  death under  sections  16,  19  and 
sub-section (1) of section 20 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  fourteen  years  or  such  less 
punishment as is in this Act mentioned.  

48.  Abetment  of  offences  punishable  with  imprisonment  and  not  committed.—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 onehalf of 
the longest term provided for that offence or such less punishment as is in this Act mentioned.  

49. Civil offences.—Subject to the provisions of section 50, any person subject to this Act who at any 
place in, or beyond, India commits any civil offence shall be deemed to be guilty of an offence against 
this Act and, if charged therewith under this section shall be liable to be tried by a Force Court and, on 
conviction, be punishable as follows, that is to say,— 

(a) if the offence is one which would be punishable under any law in force in India with death, he 
shall be liable to suffer any punishment, assigned for the offence, by the aforesaid law and such less 
punishment as is in this Act mentioned; and 

(b) in any other case, he shall be liable to suffer any punishment, assigned for the offence by the 
law  in  force  in  India,  or  imprisonment  for  a  term  which  may  extend  to  seven  years,  or  such  less 
punishment as is in this Act mentioned.  

50.  Civil  offences  not  triable  by  a  Force  Court.—A  person  subject  to  this  Act  who  commits  an 
offence  of  murder  or  culpable  homicide  not  amounting  to  murder  against,  or  of  rape  in  relation  to,  a 
person not subject to this Act shall not be deemed to be guilty of an offence against this Act and shall not 
be tried by a Force Court, unless he commits any of the said offences— 

(a) while on active duty; or 

(b)at any place outside India; or 

(c) at any place specified by the Central Government by notification, in this behalf.  

CHAPTER IV 

PUNISHMENTS 

51.  Punishment  awardable  by  Force  Courts.—(1)  Punishments  may  be  inflicted  in  respect  of 
offences committed by persons subject to this Act and convicted by Force Courts according to the scale 
following, that is to say,— 

(a) death; 

(b)  imprisonment  which  may  be  for  the  term  of  life  or  any  other  lesser  term  but  excluding 

imprisonment for a term not exceeding three months in Force custody; 

(c) dismissal or removal from the service; 

(d) compulsory retirement from the service; 

(e) imprisonment for a term not exceeding three months in Force custody; 

16 

 
(f) reduction to the ranks or to a lower rank or grade or a place in the list of their rank in the case 

of an under-officer; 

(g) reduction to next lower rank in case of an officer or subordinate officer: 

Provided that no officer shall be reduced to a rank lower than the one to which he was initially 

appointed; 

(h) forfeiture of seniority of rank and forfeiture of all or any part of the service for the purpose of 

promotion; 

(i) forfeiture of service for the purpose of increased pay or pension; 

(j) fine, in respect of civil offences; 

(k)  severe  reprimand  or  reprimand  except  in  the  case  of  persons  below  the  rank  of  an                      

under-officer; 

(l)  forfeiture  of  pay  and  allowances  for  a  period  not  exceeding  three  months  for  an  offence 

committed on active duty; 

(m) forfeiture in the case of person sentenced to dismissal from the service of all arrears of pay 

and allowances and other public money due to him at the time of such dismissal; 

(n) stoppage of pay and allowances until any proved loss or damage occasioned by the offence for 

which he is convicted is made good. 

(2) Each of the punishments specified in sub-section (1) shall be deemed to be inferior in degree to 

every punishment preceding it in the above scale. 

52. Alternative punishments awardable by Force Courts.—Subject to the provisions of this Act, a 
Force Court may, on convicting a person subject to this Act of any of the offences specified in sections 16 
to 48 (both inclusive) award either the particular punishment with which the offence is stated in the said 
sections  to  be  punishable  or,  in  lieu  thereof,  any  one  of  the  punishments  lower  in  the  scale  set  out  in 
section 51 regard being had to the nature and degree of the offence. 

53. Combination of punishments.—A Force Court may award in addition to, or without, any other 
punishment, the punishment specified in clause (c) of sub-section (1) of section 51, or any one or more of 
the punishments specified in clauses (f) to (n) (both inclusive) of that sub-section. 

54. Retention in the force of a person convicted on active duty.—When on active duty an enrolled 
person has been sentenced by a Force Court to imprisonment whether combined with dismissal or not, the 
prescribed officer may direct that such person may be retained to serve in the ranks, and such service shall 
be reckoned as part of his term of imprisonment. 

55. Punishments otherwise than by Force Courts.—Punishments may also be inflicted in respect 
of  offences  committed  by  persons  subject  to  this  Act  without  the  intervention  of  a  Force  Court  in  the 
manner stated in sections 56, 58 and 59.  

56. Minor punishments.—(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, that is to say,— 

(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; 

17 

 
(g) fine up to fourteen days’ pay in any one month; 

(h)  deductions  from  his  pay  and  allowances  of  any  sum  required  to  make  good  any  loss  or 

damage occasioned by the offence for which he is punished. 

(2) If any unit, training centre or other establishment of the Force is being temporarily commanded by 
an officer of the rank of Second-in-Command or Deputy Commandant, such officer shall have full powers 
of a commanding officer specified in sub-section (1). 

(3)  Subject  to  the  provisions  of  section  57,  a  Deputy  Commandant  or  an  Assistant  Commandant, 
commanding a company or a detachment or an outpost, shall have the power to 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  punishments  specified  in 
clauses  (a)  to  (d)  and  (h)  of  sub-section  (1)  provided  that  the  maximum  limit  of  punishment  awarded 
under each of the clauses (a), (b) and (c) shall not exceed fourteen days. 

(4) A subordinate officer not below the rank of Sub-Inspector who is commanding a detachment or an 
outpost  shall  have  the  powers  to  proceed  against  a  person  subject  to  this  Act,  other  than  a  subordinate 
officer or an under-officer, who is charged with an offence under this Act and award such person to the 
extent prescribed, one or more of the punishments specified under clauses (c) and (d) of sub-section (1) 
provided that the maximum limit of punishment awarded under clause (c) shall not exceed fourteen days.  

57.  Limit  of  punishments  under  section  56.—(1)  In  the  case  of  an  award  of  two  or  more  of  the 
punishments  specified  in  clauses  (a),  (b),  (c)  and  (d)  of  sub-section  (1)  of  section  56,  the  punishments 
specified in clause (c) or clause (d) shall take effect only at the end of the punishment specified in clause 
(a) or clause (b). 

(2) When two or more of the punishments specified in clauses (a), (b) and (c) of sub-section (1) of 
section  56  are  awarded  to  a  person  conjointly,  or  when  already  undergoing  one  or  more  of  the  said 
punishments, the whole extent of the punishments shall not exceed in the aggregate forty-two days.  

(3) The punishments specified in clauses (a), (b) and (c) of sub-section (1) of section 56 shall not be 
awarded  to  any  person  who  is  of  the  rank  of  an  under-officer  or  was,  at  the  time  of  committing  the 
offence for which he is punished, of such rank. 

(4) The punishment specified in clause (f) of sub-section (1) of section 56 shall not be awarded to any 

person below the rank of an under-officer. 

58.  Punishment  of  persons  of  or  below  the  rank  of  Commandant  by  Inspectors-General  and 
others.—(1) An officer not below the rank of Inspector-General may, in the prescribed manner, proceed 
against an officer of or below the rank of Commandant who is charged with an offence under this Act and 
award one or more of the following punishments, that is to say,— 

(a) forfeiture of seniority, or in the case of any of them whose promotion depends upon length of 
service, forfeiture of service for the purpose of promotion for a period not exceeding one year, but 
subject to the right of the accused previous to the award to elect to be tried by a Force Court; 

(b)severe reprimand or reprimand; 

(c)  deduction  from  pay  and  allowances  of  any  sum  required  to  make  good  any  proved  loss  or 

damage occasioned by the offence of which he is convicted. 

(2)  An  officer  not  below  the  rank  of  Additional  Deputy  Inspector-General  may,  in  the  prescribed 
manner, proceed against a person of or below the rank of Subedar-Major who is charged with an offence 
under this Act and award one or more of the following punishments, that is to say,— 

(a) forfeiture of seniority, or in the case of any of them whose promotion depends upon the length 
of service, forfeiture of service for the purpose of promotion for a period not exceeding one year, but 
subject to the right of the accused previous to the award to elect to be tried by a Force Court; 

(b)severe reprimand or reprimand; 

18 

 
(c)  deduction  from  pay  and  allowances  of  any  sum  required  to  make  good  any  proved  loss  or 

damage occasioned by the offence of which he is convicted. 

(3) An officer not below the rank of Commandant may, in the prescribed manner, proceed against a 
person of or below the rank of Subedar-Major who is charged with an offence under this Act and award 
any one or both of the following punishments, that is to say,— 

(a)severe reprimand or reprimand; 

(b)  deduction  from  pay  and  allowances  of  any  sum  required  to  make  good  any  proved  loss  or 

damage occasioned by the offence of which he is convicted. 

59. Review of proceedings.—(1) In every case in which punishment has been awarded under section 
58, certified true copies of the proceedings shall be forwarded, in the prescribed manner, by the officer 
awarding  the  punishment  to  the  prescribed  superior  authority  who  may,  if  the  punishment  awarded 
appears  to  him  to  be  illegal,  unjust  or  excessive,  cancel,  vary  or  remit  the  punishment  and  make  such 
other direction as may be appropriate in the circumstances of the case. 

(2) For the purpose of sub-section (1), a “superior authority” means,— 

(a) any officer superior in command to such officer who has awarded the punishment; 

(b) in the case of punishment awarded by Director-General, the Central Government. 

60. Collective fines.—(1) Whenever any weapon or part of a weapon, or ammunition, forming part of 
the equipment of a unit, is lost or stolen, a commanding officer not below the rank of the Commandant of 
that unit may, after making such enquiry as he thinks fit and subject to the rules, impose a collective fine 
upon the subordinate officers, under-officers and men of such unit, or upon so many of them as, in his 
judgment, should be held responsible for such loss or theft. 

(2) Such fine shall be assessed as a percentage of the pay of the individuals on whom it falls.  

CHAPTER V 

DEDUCTIONS FROM PAY AND ALLOWANCES 

61.  Deductions  from  pay  and  allowances  of  persons  subject  to  this  Act.—(1)  The  following 

deductions may be made from the pay and allowances of an officer, that is to say,— 

(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 occasioned by the commission of an offence as may be determined by the Force Court by 
which he is convicted of such offence or by an officer exercising authority under section 58; 

(e) all pay and allowances ordered by Force Court; 

(f) any sum required to be paid as fine awarded by a criminal court or a Force Court; 

(g) any sum required to make good any loss, damage or destruction of public or Force property 
which, after due investigation, appears to the Inspector-General under whom the officer is for the time 
being serving, to have been occasioned by the wrongful act or negligence on the part of the officer; 

(h) all pay and allowances forfeited by order of the Central Government if the officer is found by 
a court of inquiry constituted by the Director-General in this behalf, to have deserted to the enemy, or 
while in enemy hands, to have served with, or under the orders of, the enemy, or in any manner to 

19 

 
have aided the enemy, or to have allowed himself to be taken prisoner by the enemy through want of 
due  precaution  or  through  disobedience  of  orders  or  wilful  neglect  of  duty,  or  having  been  taken 
prisoner by the enemy, to have failed to rejoin his service when it was possible to do so; 

(i) any sum required by order of the Central Government to be paid for the maintenance of his 
wife or his legitimate or illegitimate child or step child towards the cost of any relief given by the said 
Government to the said wife or child. 

(2) Subject to the provisions of section 63, the following deductions may be made from the pay and 

allowances of a person subject to this Act, other than an officer, that is to say,— 

(a) all pay and allowances for every day of absence either on desertion or without leave, or as a 
prisoner  of  war  unless  a  satisfactory  explanation  has  been  given  and  accepted  by  his  commanding 
officer  and  for  every  day  of  imprisonment  awarded  by  a  criminal  court,  Force  Court  or  an  officer 
exercising authority under section 56; 

(b)  all  pay  and  allowances  for  every  day  while  he  is  in  custody  on  a  charge  for  an  offence  of 
which he is afterwards convicted by a criminal court or Force Court or on a charge of absence without 
leave  for  which  he  is  afterwards  awarded  imprisonment  by  an  officer  exercising  authority  under 
section 56; 

(c)  all  pay  and  allowances  for  every  day  on  which  he  is  in  hospital  on  account  of  sickness 
certified by the medical officer attending on him to have been caused by an offence under this Act 
committed by him; 

(d) for every day on which he is in hospital on account of sickness certified by the medical officer 
attending  on  him  to  have been caused  by  his  own  misconduct  or  imprudence,  such  sum  as  may  be 
specified by the order of the Director-General; 

(e) all pay and allowances ordered by Force Court or by an officer exercising authority under any 

of the sections 56 and 58 to be forfeited or stopped; 

(f)  all  pay  and  allowances  for  every  day  between  his  being  recovered  from  the  enemy  and  his 
dismissal from the service in consequence of his conduct when being taken prisoner by, or while in 
the hands of the enemy; 

(g)  any  sum  required  to  make  good  such  compensation  for  any  expenses,  loss,  damage  or 
destruction caused by him to the Central Government or to any building or property or any private 
fund of the Force as may be awarded by his commanding officer; 

(h)  any  sum  required  to  pay  a  fine  awarded  by  a  criminal  court,  Force  Court  exercising 

jurisdiction under section 49 or an officer exercising authority under any of the sections 56 and 60;  

(i) any sum required by order of the Central Government or any prescribed officer to be paid for 
the maintenance of his wife, or his legitimate child or illegitimate child or step child or towards the 
cost of any relief given by the said Government to the said wife or child. 

(3) For computation of time of absence or custody under this section,— 

(a) no person shall be treated as absent or in custody for a day unless the absence or custody has 
lasted, whether wholly in one day, or partly in one day and partly in another for six consecutive hours 
or upwards; 

(b) any absence or custody for less than a day may be reckoned as absence or custody for a day if 
such  absence  or  custody  prevented  the  absentee  from  fulfilling  any  duty  as  member  of  the  Force 
which was thereby thrown upon some other person; 

(c) absence or custody for twelve consecutive hours or upwards may be reckoned as absence or 

custody for the whole of each day during any portion of which the person was absent or in custody; 

(d) a period of absence, or imprisonment, which commences before, and ends after, midnight may 

be reckoned as a day.  

20 

 
62.  Pay  and  allowances  during  trial.—In  the  case  of  any  person  subject  to  this  Act  who  is  in 
custody or under suspension from duty on a charge for an offence, the prescribed officer may direct that 
the whole or any part of the pay and allowances of such person shall be withheld, pending the result of his 
trial on the charge against him, in order to give effect to the provisions of clause (b) of sub-sections (1) 
and (2) of section 61. 

63.  Limit  of  certain  deductions.—The  total  deductions  from  the  pay  and  allowances  of  a  person 
made  under  clauses  (e)  and  (g)  to  (i)  of  sub-section  (2)  of  section  61  shall  not,  except  where  he  is 
sentenced to dismissal or removal, exceed in any one month one-half of his pay and allowances for that 
month.  

64.  Deduction  from  public  money  due  to  a  person.—Any  sum  authorised  by  this  Act  to  be 
deducted  from  the  pay  and  allowances  of  any  person  may,  without  prejudice  to  any  other  mode  of 
recovering the same, be deducted from any public money due to him other than a pension. 

65. Pay and allowances of prisoner of war during inquiry into his conduct.—Where the conduct 
of any person subject to this Act when being taken prisoner by, or while in the hands of, the enemy, is to 
be inquired into under this Act or any other law, the Director-General or any officer authorised by him 
may order that the whole or any part of the pay and allowances of such person shall be withheld pending 
the result of such enquiry. 

66. Remission of deductions.—Any deduction from pay and allowances authorised by this Act may 
be  remitted  in  such  manner  and  to  such  extent,  and  by  such  authority,  as  may  from  time  to  time  be 
prescribed.  

67.  Provision  for  dependents  of  prisoner  of  war  from  his  remitted  deductions  and  pay  and 
allowances.—(1)  In  the  case  of  all  persons  subject  to  this  Act,  being  prisoners of  war,  whose  pay  and 
allowances  have  been  forfeited  under  clause  (h)  of  sub-section  (1)  or  clause  (a)  of  sub-section  (2)  of 
section  61  but  in  respect  of  whom  a  remission  has  been  made  under  section  66,  it  shall  be  lawful  for 
proper provisions to be made by the Central Government or by the Director-General when so authorised 
by the Central Government out of such pay and allowances for any dependants of such persons and any 
such remission shall in that case be deemed to apply only to the balance thereafter remaining of such pay 
and allowances. 

(2) It shall be lawful for proper provision to be made by the Central Government or by the Director-
General when so authorised by the Central Government for any dependants of any person subject to this 
Act who is a prisoner of war, or is missing, out of his pay and allowances. 

68. Period during which a person is deemed to be a prisoner of war.—For the purposes of section 
67, a person shall be deemed to continue to be a prisoner of war until the conclusion of any inquiry into 
his conduct such as is referred to in section 65 and if he is dismissed from the service in consequence of 
such conduct, until the date of such dismissal. 

CHAPTER VI 

ARREST AND PROCEEDINGS BEFORE TRIAL 

69. Custody of offenders.—(1) Any person subject to this Act who is charged with an offence may 

be taken into Force custody under the order of any superior officer. 

(2) Notwithstanding anything contained in sub-section (1), an officer may order into Force custody 
any  other  officer,  though  such  other  officer  may  be  of  a  higher  rank,  engaged  in  a  quarrel,  affray  or 
disorder. 

70.  Duty  of  commanding  officer  in  regard  to  detention.—(1)  It  shall  be  the  duty  of  every 
commanding officer to take care that a person under his command when charged with an offence is not 
detained  in  custody  for  more  than  forty-eight  hours  after  the  committal  of  such  person  into  custody  is 
reported to him, without the charge being investigated, unless investigation within that period seems to 
him to be impracticable having regard to the public service. 

21 

 
(2) The case of every person being detained in custody beyond a period of forty-eight hours, and the 
reasons  therefor,  shall  be  reported  by  the  commanding  officer  to  the  next  higher  officer  or  such  other 
officer to whom an application may be made to convene a Force Court for the trial of the person charged.  

(3) In reckoning the period of forty-eight hours specified in sub-section (1), Sundays and other public 

holidays shall be excluded. 

(4) Subject to the provisions of this Act, the Central Government may make rules providing for the 
manner in which and the period for which any person subject to this Act may be taken into and detained 
in Force custody, pending the trial by any competent authority for any offence committed by him.  

71. Interval between committal and trial.—In every case where any such person as is mentioned in 
section  69  and  as  is  not  on  active  duty,  remains  in  such  custody  for  a  longer  period  than  eight  days 
without a Force Court for his trial being convened, a special report giving reasons for the delay shall be 
made  by  his  commanding  officer  in  the  manner  prescribed,  and  a  similar  report  shall  be  forwarded  at 
intervals of every eight days until a Force Court is convened or such person is released from custody. 

72.  Arrest  by  civil  authorities.—Whenever  any  person  subject  to  this  Act,  who  is  accused  of  an 
offence under this Act, is within the jurisdiction of any  magistrate or police officer, such magistrate or 
police officer shall aid in the apprehension and delivery to Force custody of such person upon receipt of a 
written  application  to  that  effect  signed  by  his  commanding  officer  or  an  officer  authorised  by  the 
commanding officer in that behalf. 

73.  Capture  of  deserters.—(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 according to law. 

74. Inquiry into absence without leave.—(1) When any person subject to this Act has been absent 
from duty without due authority for a period of thirty days, a court of inquiry shall, as soon as practicable, 
be appointed by such authority and in such manner as may be prescribed; and such court shall, on oath or 
affirmation administered in the prescribed manner, inquire respecting the absence of the person, and the 
deficiency, if any, in the property of the Government entrusted to his care, or in any arms, ammunition, 
equipment, instruments, clothing or necessaries; and if satisfied of the fact of such absence without due 
authority or other sufficient cause, the court shall declare such absence and the period thereof and the said 
deficiency,  if  any,  and  the  commanding  officer  of  the  unit  to  which  the  person  belongs  or  is  attached, 
shall make a record thereof in the prescribed manner. 

(2) If the person declared absent does not afterwards surrender or is not apprehended, he shall, for the 

purposes of this Act, be deemed to be a deserter. 

75. Force Police Officers.—(1) The Director-General or any prescribed officer may appoint persons 
(in this Act referred to as Force Police) for discharging the functions specified in sub-sections (2) and (3).  

(2) The duties of a person appointed under sub-section (1) are to take charge of persons confined for 
any offence, to preserve good order and discipline and to prevent breaches of the same by persons serving 
in, or attached to the Force. 

(3) Notwithstanding anything contained in section 69, a person appointed under sub-section (1) may, 
at any time, arrest and detain for trial any person subject to this Act who commits, or is charged with, an 
offence, and may also carry into effect any punishment to be inflicted in pursuance of a sentence awarded 
by  a  Force  Court  or  by  an  officer  exercising  authority  under  section  56  but  shall  not  inflict  any 
punishment on his own authority: 

Provided that no officer shall be so arrested or detained otherwise than on the order of another officer.  

22 

 
76. Kinds of Force Courts.—For the purposes of this Act there shall be three kinds of Force Courts, 

CHAPTER VII 

FORCE COURTS 

that is to say,— 

(a) General Force Courts; 

(b) Petty Force Courts; and 

(c) Summary Force Courts. 

77. Power to convene a General Force Court.—A General Force Court may be convened by the 
Central Government or the Director-General or by any officer empowered in this behalf by warrant of the 
Director-General. 

78. Power to Convene a Petty Force Court.—A Petty Force Court may be convened by an officer 
having power to convene a General Force Court or by an officer empowered in this behalf by warrant of 
any such officer. 

79. Contents of warrants issued under sections 77 and 78.—A warrant issued under section 77 or 
section 78 may contain such restrictions, reservations or conditions as the officer issuing it may think fit.  

80. Composition of a General Force Court.—A General Force Court shall consist of not less than 

five officers. 

81. Composition of a Petty Force Court.—A Petty Force Court shall consist of not less than three 

officers. 

82. Summary Force Court.—(1) A Summary Force Court may be held by the commanding officer 

of any unit and he alone shall constitute the Court. 

(2)  The  proceedings  shall  be  attended  throughout  by  two  other  persons  who  shall  be  officers  or 

subordinate officers or one of either, and who shall not as such, be sworn or affirmed. 

83. Dissolution of a Force Court.—(1) If a Force Court after the commencement of a trial is reduced 

below the minimum number of officers required by this Act, it shall be dissolved.  

(2) If, on account of the illness of the concerned Judge Attorney or, as the case may be, Deputy Judge 
Attorney-General  or  Additional  Judge  Attorney-General  or  of  the  accused  before  the  finding,  it  is 
impossible to continue the trial, the Force Court shall be dissolved. 

(3) The authority or officer who convened a Force Court may dissolve the same if it appears to him 
that  the  exigencies  of  the  service  or  necessities  of  discipline  render  it  impossible  or  inexpedient  to 
continue the said Force Court. 

(4) Where a Force Court is dissolved under this section, the accused may be tried again. 

84.  Power  of  a  General  Force  Court.—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. 

85.  Power  of  a  Petty  Force  Court.—A  Petty  Force  Court  shall  have  the  power  to  try  any  person 
subject  to  this  Act  other  than  an  officer  or  a  subordinate  officer  for  any  offence  made  punishable 
thereunder and to pass any sentence authorised by this Act other than a sentence of death or imprisonment 
for a term exceeding two years. 

86.  Power  of  a  Summary  Force  Court.—(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 offence against the officer holding the Court.  

23 

 
(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 

sentence of death or of imprisonment for a term exceeding the limit specified in sub-section (5). 

(5) The limit referred to in sub-section (4) shall be,— 

(a)  one  year,  if  the  officer  holding  the  Force  Court  holds  the  rank  not  below  that  of  a 

Commandant; 

(b) three months, in any other case. 

87.  Prohibition  of  second  trial.—(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. 

88.  Period  of limitation for  trial.—(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. 

89. Trial, etc., of offender who ceases to be subject to this Act.—(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. 

90.  Application  of  Act  during  term  of  sentence.—(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. 

91. Place of trial.—Any person subject to this Act who commits any offence against it may be tried 

and punished for such offence in any place whatever. 

92. Choice between criminal court and Force Court.—When a criminal court and a Force Court 
have each jurisdiction in respect of an offence, it shall be in the discretion of the Director-General or the 
Additional Director-General or the Inspector-General or the Deputy Inspector-General or the Additional 
Deputy Inspector-General within whose command the accused person is serving or such other officer as 
may  be  prescribed,  to  decide  before  which  court  the  proceedings  shall  be  instituted,  and  if  that  officer 
decides  that  they  shall  be  instituted  before  a  Force  Court,  to  direct  that  the  accused  person  shall  be 
detained in Force custody. 

24 

 
93. Power  of  criminal court to require  delivery  of  offender.—(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.  

CHAPTER VIII 

PROCEDURE OF FORCE COURTS 

94. Presiding officer.—At every General Force Court or Petty Force Court, the senior member shall 

be the presiding officer. 

95.  Judge  Attorneys.—Every  General  Force  Court  shall,  and  every  Petty  Force  Court  may,  be 
attended  by  a  Judge  Attorney  or  a  Deputy  Judge  Attorney-General  or  an  Additional  Judge  Attorney-
General, or, if no such officer is available, an officer approved by the Judge Attorney-General or by any 
officer authorised in this behalf by the Judge Attorney-General. 

96. Challenge.—(1) At all trials by a General Force Court or by a Petty Force Court, as soon as the 
Court is  assembled, the names  of  the  presiding  officer  and  members  shall  be  read  over  to the accused, 
who shall thereupon be asked whether he objects to being tried by any officer sitting on the Court. 

(2)  If  the  accused  objects  to  such  officer,  his  objection  and  also  the  reply  thereto  of  the  officer 
objected to shall be heard and recorded, and the remaining officers of the Court shall, in the absence of 
the challenged officer decide on the objection. 

(3)  If  the  objection  is  allowed  by  one-half  or  more  of  the  votes  of  the  officers  entitled to  vote, the 
objection shall be allowed, and the member objected to shall retire, and his vacancy may be filled in the 
prescribed manner, by another officer subject to the same right of the accused to object. 

(4) When no challenge is made, or when a challenge has been made and disallowed, or the place of 
every officer successfully challenged has been filled by another officer to whom no objection is made or 
allowed, the Court shall proceed with the trial. 

97. Oaths of member, Judge Attorney and witness.—(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. 

98. Voting by members.—(1) Subject to the provisions of sub-sections (2) and (3), every decision of 
a Force Court shall be passed by an absolute majority of votes; and where there is an equality of votes on 
either the finding or the sentence, the decision shall be in favour of the accused. 

(2) No sentence of death shall be passed by a General Force Court without the concurrence of at least 

two-thirds of the members of the Court. 

(3)  In  matters  other  than  a  challenge  or  the  finding  or  sentence,  the  presiding  officer  shall  have  a 

casting vote.  

99. General rule as to evidence.—The Indian Evidence Act, 1872 (1 of 1872), shall, subject to the 

provisions of this Act, apply to all proceedings before a Force Court. 

25 

 
100.  Judicial  notice.—A  Force  Court  may  take  judicial  notice  of  any  matter  within  the  general 

knowledge of the members as officers of the Force. 

101. Summoning witnesses.—(1) The convening officer, the presiding officer of a Force Court, 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  or  the  Commanding  Officer  of  the  accused 
person may, by summons under his hand, require the attendance, at a time and place to be mentioned in 
the summons, of any person either to give evidence or to produce any document or other thing. 

(2) In the case of a witness who is subject to this Act or any other Act relating to the armed forces of 
the Union, the summons shall be sent to his Commanding Officer and such officer shall serve it upon him 
accordingly. 

(3)  In  the  case  of  any  other  witness,  the  summons  shall  be  sent  to  the  magistrate  within  whose 
jurisdiction he may be, or resides, and such magistrate shall give effect to the summons as if the witness 
were required in the court of such a magistrate. 

(4) When a witness is required to produce any particular document or other thing in his possession or 

power, the summons shall describe it with reasonable precision. 

102. Documents exempted from production.—(1) Nothing in section 101 shall be deemed to affect 
the operation of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872) or to apply to any 
letter, postcard, telegram 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 purpose, he may require the postal or telegraph 
authorities, as the case may be, to cause such search to be made for, and to detain such document pending 
the  orders  of  any  such  District  Magistrate,  Chief  Metropolitan  Magistrate,  Chief  Judicial  Magistrate, 
Court of Sessions or High Court. 

103. Commissions for examination of witnesses.—(1) Whenever, in the course of a trial by a Force 
Court, it appears to the Court that the examination of a witness is necessary for the ends of justice, and 
that  the  attendance  of  such  witness  cannot  be  procured  without  an  amount  of  delay,  expense  or 
inconvenience which, in the circumstances of the case, would be unreasonable, such Court may address 
the  Judge  Attorney-General  in  order  that  a  commission  to  take  the  evidence  of  such  witness  may  be 
issued. 

(2)  The  Judge  Attorney-General  may  then,  if  he  thinks  necessary,  issue  a  commission  to  any 
Metropolitan  Magistrate  or  Judicial  Magistrate  of  the  first  class,  within  the  local  limits  of  whose 
jurisdiction such witness resides, to take the evidence of such witness. 

(3) The Magistrate to whom the commission is issued, or, if he is the Chief Metropolitan Magistrate, 
or  Chief Judicial Magistrate,  or such Metropolitan  Magistrate,  or Judicial Magistrate, as  he  appoints in 
this behalf, shall summon the witness before him or proceed to the place where the witness is, and shall 
take down his evidence in the same manner, and may for this purpose exercise the same powers, as in the 
trials of warrant-cases under the Code of Criminal Procedure, 1973 (2 of 1974). 

(4) When the witness resides in a tribal area or in any place outside India, the commission may be 

issued in the manner specified in Chapter XXIII of the Code of Criminal Procedure, 1973 (2 of 1974).  

104. Examination of a witness on commission.—(1) The prosecutor and the accused person in any 
case in which a commission is issued under section 103 may respectively forward any interrogatories in 
writing  which  the  court  may  think  relevant  to  the  issue,  and  the  Magistrate  executing  the  commission 
shall examine the witness upon such interrogatories. 

26 

 
(2) The prosecutor and the accused person may appear before such Magistrate by counsel, or, except 
in the case of an accused person in custody, in person, and may examine, cross-examine, and re-examine, 
as the case may be, the said witness. 

(3) After a commission issued under section 103 has been duly executed, it shall be returned together 

with the deposition of the witness examined thereunder to the Judge Attorney-General. 

(4)  On  receipt  of  a  commission  and  deposition  returned  under  sub-section  (3),  the Judge  Attorney-
General  shall  forward  the  same  to  the  Court  at  whose  instance  the  commission  was  issued  or,  if  such 
Court  has  been  dissolved,  to  any  other  Court  convened  for  the  trial  of  the  accused  person;  and  the 
commission, the return thereto and the deposition shall be open to inspection by the prosecutor and the 
accused  person,  and  may,  subject  to  all  just  exceptions,  be  read  in  evidence  in  the  case  by  either  the 
prosecutor or the accused, and shall form part of the proceedings of the Court. 

(5) In every case in which a commission is issued under section 103, the trial may be adjourned for 

specified time reasonably sufficient for the execution and return of the commission. 

105. Conviction for offences not charged.—A person charged before a Force Court— 

(a) with desertion may be found guilty of attempting to desert or of being absent without leave; 

(b) with attempting to desert may be found guilty of being absent without leave; 

(c) with using criminal force may be found guilty of assault; 

(d) with using threatening language may be found guilty of using insubordinate language; 

(e)  with  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)  with  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) with any offence under this Act may, on failure of proof of an offence having been committed 
in circumstances involving a more severe punishment, be found guilty of the same offence as having 
been committed in circumstances involving a less severe punishment; 

(h)  with  any  offence  under  this  Act  may  be  found  guilty  of  having  attempted  or  abetted  the 

commission of that offence, although the attempt or abetment is not separately charged. 

106. Presumption as to signatures.—In any proceeding under this Act, any application, certificate, 
warrant, reply or other document purporting to be signed by an officer in the service of the Government 
shall, on production, be presumed to have been duly signed by the person by whom and in the character in 
which it purports to have been signed, until the contrary is shown. 

107.  Enrolment  paper.—(1)  Any  enrolment  paper  purporting  to  be  signed  by  an  enrolling  officer 
shall,  in  proceedings  under  this  Act,  be  evidence  of  the  person  enrolled  having  given  the  answers  to 
questions which he is therein represented as having given. 

(2) The enrolment of such person may be proved by the production of the original or a copy of his 
enrolment  paper  purporting  to  be  certified  to  be  a  true  copy  by  the  officer  having  the  custody  of  the 
enrolment paper or service record. 

108. Presumption as to certain documents.—(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. 

27 

 
(3)  Where  a  record  is  made  in  any  battalion  book  in  pursuance  of  this  Act  or  of  any  rules  made 
thereunder or otherwise in the discharge of official duties, and purports to be signed by the commanding 
officer or by the officer whose duty it is to make such record, such record shall be evidence of the facts 
therein stated. 

(4) A copy of any record in any office of the Force purporting to be certified to be a true copy by the 

officer having custody of such book shall be evidence of such record.  

(5) Where any person subject to this Act is being tried on a charge of desertion or of absence without 
leave, and such person has surrendered himself into the custody of any officer or other person subject to 
this  Act,  or  any  unit  of  the  Force,  or  has  been  apprehended  by  such  officer  or  person,  a  certificate 
purporting to be signed by such officer, or by the commanding officer of the unit to which such person 
belongs  or  is  attached,  as  the  case  may  be,  and  stating  the  fact,  date  and  place  of  such  surrender  or 
apprehension, and the manner in which he was dressed, shall be evidence of the matters so stated. 

(6) Where any person subject to this Act is being tried on a charge of desertion or of absence without 
leave and such person has surrendered himself into the custody of, or has been apprehended by, a police 
officer not below the rank of an officer in charge of a police station, a certificate purporting to be signed 
by  such  police  officer  and  stating  the  fact,  date  and  place  of  such  surrender  or  apprehension  and  the 
manner in which he was dressed shall be evidence of the matters so stated. 

(7) (a) Any document purporting to be a report under the hand of a Government scientific expert to 
whom  this  sub-section  applies,  upon  any  matter  or  thing  duly  submitted  to  him  for  examination  or 
analysis  and  report  in  the  course  of  any  proceeding  under  this  Act,  may  be  used  as  evidence  in  any 
inquiry, trial or other proceeding under this Act. 

(b)  The  Force  Court  may,  if  it  thinks  fit,  summon  and  examine  any  such  expert  as  to  the  subject 

matter of his report. 

(c) Where any such expert is summoned by a Force Court and he is unable to attend personally, he 
may,  unless  the  Court  has  expressly  directed  him  to  appear  personally,  depute  an  officer  who  is 
conversant with the facts of the case to depose in the Court on his behalf. 

(d) This sub-section applies to the Government scientific experts, for the time being specified in sub-

section (4) of section 293 of the Code of Criminal Procedure, 1973 (2 of 1974).  

109.  Reference  by  accused  to  Government  officer.—(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 section, the convening officer may, at his discretion, annul the proceedings and order a 
fresh trial. 

110.  Evidence  of  previous  convictions  and  general  character.—(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 records; 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.  

28 

 
(3) At a summary Force Court, the officer holding the trial may, if he thinks fit, record any previous 
convictions against the offender, his general character, and such other matters as may be prescribed, as of 
his own knowledge, instead of requiring them to be proved under the foregoing provisions of this section. 

111. Lunacy of accused.—(1) Whenever, in the course of a trial by a Force Court, it appears to the 
Court that the person charged is by reason of unsoundness of mind incapable of making his defence, or 
that he committed the act alleged but was by reason of unsoundness of mind incapable of knowing the 
nature  of  the  act  or  knowing  that  it  was  wrong  or  contrary  to  law,  the  Court  shall  record  a  finding 
accordingly. 

(2) The presiding officer of the Court, or, in the case of a Summary Force Court, the officer holding 
the trial, shall forthwith report the case to the confirming officer, or to the authority empowered to deal 
with its finding under section 129, as the case may be. 

(3)  The  confirming  officer  to  whom  the  case  is  reported  under  sub-section  (2)  may,  if  he  does  not 
confirm the finding, take steps to have the accused person tried by the same or another Force Court for the 
offence with which he was charged. 

(4) The authority to whom the finding of a Summary Force Court is reported under sub-section (2) 
and  a  confirming  officer confirming  the  finding  in any  case  so reported  to him  shall  order  the  accused 
person  to  be  kept  in  custody  in  the  prescribed  manner  and  shall  report  the  case  for  the  orders  of  the 
Central Government. 

(5)  On  receipt  of  a  report  under  sub-section  (4),  the  Central  Government  may  order  the  accused 

person to be detained in a lunatic asylum or other suitable place of safe custody. 

112.  Subsequent  fitness  of  lunatic  accused  for  trial.—Where  any  accused  person,  having  been 
found by reason of unsoundness of mind to be incapable of making his defence, is in custody or under 
detention under section 111, any officer prescribed in this behalf, may— 

(a) if such person is in custody under sub-section (4) of section 111, on the report of a medical 

officer that he is capable of making his defence, or 

(b) if such person is detained in a jail under sub-section (5) of section 111, on a certificate of the 
Inspector-General of Prisons, and if such person is detained in a lunatic asylum under the said sub-
section, on a certificate of any two or more of the visitors of such asylum and if he is detained in any 
other place under that sub-section, on a certificate of the prescribed authority, that he is capable of 
making his defence, 

take steps to have such person tried by the same or another Force Court for the offence with which he was 
originally charged or, if the offence is a civil offence, by a criminal court.  

113. Transmission to Central Government of orders under section 112.—A copy of every order 
made  by  an  officer  under section 112  for  the trial of  the  accused  shall  forthwith  be  sent to  the  Central 
Government. 

114. Release of lunatic accused.—Where any person is in custody under sub-section (4) of section 

111 or under detention under sub-section (5) of that section,— 

(a) if such person is in custody under the said sub-section (4), on the report of a medical officer, 

or 

(b)  if  such  person  is  detained  under  the  said  sub-section  (5),  on  a  certificate  from  any  of  the 
authorities  mentioned  in  clause  (b)  of  section  112  that  in  the judgment  of  such officer  or  authority 
such person may be released without danger of his doing injury to himself or to any other person, 

the Central Government may order that such person be released or detained in custody or transferred to a 
public lunatic asylum if he has not already been sent to such an asylum. 

115. Delivery of lunatic accused to relatives.—Where any relative or friend of any person who is in 
custody  under  sub-section  (4)  of  section  111  or  under  detention  under  sub-section  (5)  of  that  section 
desires that he should be delivered to his care and custody, the Central Government may, upon application 
by such relative or friend and, on his giving security to the satisfaction of that Government that the person 

29 

 
delivered  shall  be  properly  taken  care  of,  and,  prevented  from  doing  injury  to  himself  or  to  any  other 
person, and be produced for the inspection of such officer, and at such times and places, as the Central 
Government may direct, order such person to be delivered to such relative or friend. 

116.  Order  for  custody  and  disposal  of  property  pending  trial.—When  any  property  regarding 
which  any  offence  appears  to  have  been  committed,  or  which  appears  to  have  been  used  for  the 
commission  of  any  offence,  is  produced  before a  Force  Court during  a  trial,  the  Court  may  make  such 
order as it thinks fit for the proper custody of such property pending the conclusion of the trial, and if the 
property is subject to speedy or natural decay may, after recording such evidence as it thinks necessary, 
order it to be sold or otherwise disposed of. 

117.  Order  for  disposal  of  property  regarding  which  offence  is  committed.—(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 under sub-section (1) in respect of property regarding which an 
offence  appears  to  have  been  committed,  a  copy  of  such  order  signed  and  certified  by  the  authority 
making the same may, whether the trial was held within India or not, be sent to a magistrate within whose 
jurisdiction  such  property  for  the  time  being  is  situated,  and  such  magistrate  shall  thereupon  cause  the 
order to be carried into effect as if it were an order passed by him under the provisions of the Code of 
Criminal Procedure, 1973 (2 of 1974). 

(3) In this section, the term “property” includes, in the case of property regarding which an offence 
appears to have been committed, not only such property as has been originally in the possession or under 
the control of any person, but also any property into or for which the same may have been converted or 
exchanged, and anything acquired by such conversion or exchange whether immediately or otherwise.  

118.  Powers  of  Force  Court  in  relation  to  proceedings  under  this  Act.—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). 

119.  Tender  of  pardon  to  accomplies.—(1)  With  a  view  to  obtaining  the  evidence  of  any  person 
supposed to have been directly or indirectly concerned in or privy to an offence triable by a Force Court 
other than a Summary Force Court under this Act, the commanding officer, the convening officer or the 
Force  Court,  at  any  stage  of  the  investigation  or  inquiry  into  or  the  trial  of,  the  offence,  may  tender  a 
pardon  to  such  person  on  condition  of  his  making  a  full  and  true  disclosure  of  the  whole  of  the 
circumstances within his knowledge relating to the offence and to every other person concerned, whether 
as principal or abettor, in the commission thereof. 

(2)  The  commanding  officer  or  the  convening  officer  who  tenders  a  pardon  under  sub-section  (1) 

shall record— 

(a) his reasons for so doing; 

(b) whether the tender was or was not accepted by the person to whom it was made, 

and shall, on application made by the accused, furnish him with a copy of such record free of cost. 

(3) Every person accepting a tender of pardon made under sub-section (1)— 

(a)  shall  be  examined  as  a  witness  by  the  commanding  officer  of  the  accused  and  in  the 

subsequent trial, if any; 

(b) may be detained in Force custody until the termination of the trial. 

30 

 
120. Trial of person not complying with conditions of pardon.—(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  such  person  accepting  the  tender  of  pardon  and  recorded  by  his 

commanding officer or Force Court may be given in evidence against him at such trial. 

(3) At such trial, the accused shall be entitled to plead that he has complied with the condition upon 
which such tender was made; in which case it shall be for the prosecution to prove that the condition has 
not been complied with. 

(4) At such trial, the Force Court shall, before arraignment, ask the accused whether he pleads that he 

has complied with the conditions on which the tender of pardon was made. 

(5) If the accused does so plead, the Court shall record the plea and proceed with the trial and it shall, 
before giving its finding on the charge, find whether or not the accused has complied with the conditions 
of the pardon, and, if it finds that he has so complied, it shall give a verdict of not guilty. 

CHAPTER IX 

CONFIRMATION AND REVISION 

121. Finding and sentence not valid unless confirmed.—No finding or sentence of a General Force 

Court or a Petty Force Court shall be valid except so far as it may be confirmed as provided by this Act.  

122. Power to confirm finding and sentence of General Force Court.—The findings and sentences 
of General Force Courts may be confirmed by the Central Government or by any officer empowered in 
this behalf by warrant of the Central Government. 

123. Power to confirm finding and sentence of Petty Force Court.—The findings and sentences of 
a Petty Force Court may be confirmed by an officer having power to convene a General Force Court or by 
any officer empowered in this behalf by warrant of such officer. 

124. Limitation of powers of confirming authority.—A warrant issued under section 122 or section 

123 may contain such restrictions, reservations or conditions as the authority issuing it may think fit.  

125. Power of confirming authority to mitigate, remit or commute sentences.—Subject to such 
restrictions, reservations or conditions, as may be contained in any warrant issued under section 122 or 
section  123,  a  confirming  authority  may,  when  confirming  the  sentence  of  a  Force  Court,  mitigate  or 
remit the punishment thereby awarded or commute that punishment for any punishment or punishments 
lower in the scale laid down in section 51. 

126. Confirming of findings and sentences on board a ship.—When any person subject to this Act 
is  tried  and  sentenced  by  a  Force  Court  while  on  board  a  ship,  the  finding  and  sentence  so  far  as  not 
confirmed  and  executed  on  board  the  ship,  may  be  confirmed  and  executed  in  like  manner  as  if  such 
person had been tried at the port of disembarkation.  

127. Revision of finding or sentence.—(1) Any finding or sentence of a Force Court which requires 
confirmation may be once revised by order of the confirming authority and on such revision, the Court, if 
so directed by the confirming authority, may take additional evidence. 

(2)  The  Court,  on  revision,  shall  consist  of  the  same  officers  as  were  present  when  the  original 

decision was passed unless any of those officers are unavoidably absent. 

31 

 
(3) In case of such unavoidable absence the cause thereof shall be duly certified in the proceedings, 
and the Court shall proceed with the revision, provided that, if a General Force Court, it still consists of 
five officers, or, if a Petty Force Court, of three officers. 

128. Finding and sentence of a Summary Force Court.—The finding and sentence of a Summary 

Force Court shall not require to be confirmed, but may be carried out forthwith. 

129. Transmission of proceedings of Summary Force Court.—The proceedings of every Summary 
Force  Court  shall,  without  delay  be  forwarded  to  the  officer  not  below  the  rank  of  Additional  Deputy 
Inspector-General within whose command the trial was held, or to the prescribed officer, and such officer, 
or  the  Director-General  or any  officer  empowered by  him  in  this  behalf  may,  for  reasons  based  on  the 
merits of the case, but not on merely technical grounds, set aside the proceedings, or reduce the sentence 
to any other sentence which the Court might have passed. 

130. Alteration of finding or sentence in certain cases.—(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 being a sentence passed in pursuance of a new finding substituted under sub-section (1), 
is  found  for  any  reason  to  be  invalid,  the  authority  referred  to  in  sub-section  (1)  may  pass  a  valid 
sentence. 

(3) The punishment awarded by a sentence passed under sub-section (1) or sub-section (2) shall not 
be higher in the scale of punishments than, or in excess of, the punishment awarded by, the sentence for 
which a new sentence is substituted under this section. 

(4) Any finding substituted, or any sentence passed, under this section shall, for the purposes of this 

Act and the rules, have effect as if it were a finding or sentence, as the case may be, of a Force Court. 

131. Remedy against order, finding or sentence of Force Court.—(1) Any person subject to this 
Act who considers himself aggrieved by any order passed by any Force Court may present a petition to 
the  officer  or  authority  empowered  to  confirm  any  finding  or  sentence  of  such  Force  Court,  and  the 
confirming  authority  may  take  such  steps  as  may  be  considered  necessary  to  satisfy  itself  as  to  the 
correctness, legality or propriety of the order passed or as to the regularity of any proceeding to which the 
order relates. 

(2) Any person subject to this Act who considers himself aggrieved by a finding or sentence of any 
Force Court which has been confirmed, may present a petition to the Central Government, the Director-
General  or  any  prescribed  officer  superior  in  command  to  the  one  who  confirmed  such  finding  or 
sentence,and the Central Government, the Director-General, or the prescribed officer, as the case may be, 
may pass such order thereon as it or he thinks fit. 

132. Annulment of proceedings.—The Central Government, the Director-General or any prescribed 

officer may annul the proceedings of any Force Court on the ground that they are illegal or unjust.  

CHAPTER X 

EXECUTION OF SENTENCES, PARDONS, REMISSIONS, ETC. 

133.  Form  of  sentence  of  death.—In  awarding  a  sentence  of  death,  a  Force  Court  shall,  in  its 
discretion direct that the offender shall suffer death by being hanged by the neck until he be dead, or shall 
suffer death by being shot to death.  

32 

 
 
 
134. Commencement of sentence of imprisonment.—Whenever any person is sentenced by a Force 
Court under this Act to imprisonment, the term of his sentence shall, whether it has been revised or not, 
be  reckoned  to  commence  on  the  day  on  which  the  original  proceedings  were  signed  by  the  presiding 
officer, or in the case of a Summary Force Court, by the Court: 

Provided that— 

(i)  if  for  any  reason,  beyond  the  control  of  the  commanding  officer  or  superior  officer,  the 
sentence of imprisonment cannot be executed in full or in part, the convict shall be liable to undergo 
the whole or unexpired portion of sentence, as the case may be, when it becomes possible to carry out 
the same; 

(ii) the period of detention or confinement, if any, undergone by an accused person, during the 
investigation, inquiry or trial of the case in which he is sentenced and before the date on which the 
original proceedings were signed shall be set off against the term of his sentence and the liability of 
such person to undergo imprisonment shall be restricted to the remainder, if any of the term of his 
sentence. 

135.  Execution  of  sentence  of  imprisonment.—(1)  Whenever  any  sentence  of  imprisonment  is 
passed under this Act by a Force Court or whenever any sentence of death is commuted to imprisonment, 
the confirming officer or in case of a Summary Force Court the officer holding the Court or such other 
officer as may be prescribed shall, save as otherwise provided in sub-sections (3) and (4), direct that the 
sentence shall be carried out by confinement in a civil prison. 

(2)  When  a  direction  has  been  made  under  sub-section  (1),  the  commanding  officer  of  the  person 
under sentence or such other officer as may be prescribed shall forward a warrant in the prescribed form 
to  the  officer  in  charge  of  the  prison  in  which  such  person  is  to  be  confined  and  shall  arrange  for  his 
dispatch to such prison with the warrant. 

(3)  In  the  case  of  a  sentence  of  imprisonment  for  a  period  not  exceeding  three  months  and  passed 
under this Act by a Force Court, the appropriate officer under sub-section (1) may direct that the sentence 
shall be carried out by confinement in Force custody instead of in a civil prison. 

(4) On active duty, a sentence of imprisonment may be carried out by confinement in such place as 
the officer not below the rank of Additional Deputy Inspector-General within whose command the person 
sentenced is serving or any prescribed officer may from time to time appoint. 

136.  Temporary  custody  of  offender.—Where  a  sentence  of  imprisonment  is  directed  to  be 
undergone in a civil prison, the offender may be kept in Force custody or in any other fit place till such 
time as it is possible to send him to a civil prison. 

137.  Execution  of  sentence  of  imprisonment  in  special  cases.—Whenever,  in  the  opinion  of  an 
officer  not  below  the  rank  of  Additional  Deputy  Inspector-General  within  whose  command  the  trial  is 
held, any sentence or portion of a sentence of imprisonment cannot for special reasons conveniently be 
carried out in Force custody in accordance with the provisions of section 135, such officer may direct that 
such sentence or portion of sentence shall be carried out by confinement in any civil prison or other fit 
place. 

138. Conveyance of prisoner from place to place.—A person under sentence of imprisonment may 
during his conveyance from place to place, or when on board a ship, aircraft, or otherwise, be subjected to 
such restraint as is necessary for his safe conduct and removal. 

139. Communication of certain orders to prison officers.—Whenever an order is duly made under 
this Act setting aside or varying any sentence, order or warrant under which any person is confined in a 
civil prison, a warrant in accordance with such order shall be forwarded by the officer making the order or 
his staff officer or such other person as may be prescribed, to the officer in charge of the prison in which 
such person is confined. 

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140.  Execution of  sentence  of fine.—When  a sentence  of fine  is  imposed  by  a  Force  Court  under 
section  49,  a  copy  of  such  sentence  signed  and  certified  by  the  confirming  officer,  or  where  no 
confirmation is required, by the officer holding the trial may be sent to any magistrate in India, and such 
magistrate shall thereupon cause the fine to be recovered in accordance with the provisions of the Code of 
Criminal Procedure, 1973 (2 of 1974), as if it were a sentence of fine imposed by such magistrate.  

141.  Informality  or  error  in  the  order  or  warrant.—Whenever  any  person  is  sentenced  to 
imprisonment under this Act, and is undergoing the sentence in any place or manner in which he might be 
confined under a lawful order or warrant in pursuance of this Act, the confinement of such person shall 
not be deemed to be illegal only by reason of informality or error in, or as respects, the order, warrant or 
other document, or the authority by which, or in pursuance whereof such person was brought into, or, is 
confined in any such place, and any such order, warrant or document may be amended accordingly.  

142. Pardon and remission.—When any person subject to this Act has been convicted by a Force 
Court of any offence, the Central Government or the Director-General or, in the case of a sentence, which 
he  could  have  confirmed  or  which  did  not  require  confirmation,  an  officer  not  below  the  rank  of 
Additional Deputy Inspector-General within whose command such person at the time of conviction was 
serving, or the prescribed officer may,— 

(a)  either  with  or  without conditions  which the  person  sentenced  accepts,  pardon  the  person  or 

remit the whole or any part of the punishments awarded; or 

(b) mitigate the punishment awarded; or  

(c) commute such punishment for any less punishment or punishments mentioned in this Act; or  

(d) either with or without conditions which the person sentenced accepts, release the person on 

parole.  

143. Cancellation of conditional pardon, release on parole or remission.—(1) If any condition on 
which  a  person  has  been  pardoned  or  released  on  parole  or  a  punishment  has  been  remitted  is,  in  the 
opinion of the authority which granted the pardon, release or remission, not fulfilled, such authority may 
cancel  the  pardon,  release  or  remission,  and  thereupon  the  sentence  of  the  Court  shall  be  carried  into 
effect as if such pardon, release or remission had not been granted.  

(2)  A  person  whose  sentence  of  imprisonment  is  carried  into  effect  under  the  provisions  of  sub-

section (1) shall undergo only the unexpired portion of his sentence. 

144. Suspension of sentence of imprisonment.—(1) Where a person subject to this Act is sentenced 
by  a  Force  Court  to  imprisonment,  the  Central  Government,  the  Director-General  or  any  officer 
empowered to convene a General Force Court may suspend the sentence whether or not the offender has 
already been committed to prison or to Force custody. 

(2) The authority or officer specified in sub-section (1) may, in the case of an offender so sentenced 
direct  that  until  the  orders  of  such  authority  or  officer  have  been  obtained,  the  offender  shall  not  be 
committed to prison or to Force custody.  

(3)  The  powers  conferred  by  sub-sections  (1)  and  (2)  may  be  exercised  in  the  case  of  any  such 

sentence which has been confirmed, reduced or commuted.  

145. Orders pending suspension.—(1) Where the sentence referred to in section 144 is imposed by 
a  Force  Court  other  than  a  summary  Force  Court,  the  confirming  officer  may,  when  confirming  the 
sentence, direct that the offender be not committed to prison or to Force custody until the orders of the 
authority or officer specified in section 144 have been obtained.  

(2) Where a sentence of imprisonment is imposed by a Summary Force Court, the officer holding the 

trial may make the direction referred to in sub-section (1). 

146. Release on suspension.—Where a sentence is suspended under section 144, the offender shall 

forthwith be released from custody. 

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147.  Computation  of  period  of  suspension.—Any  period  during  which  the  sentence  is  under 

suspension shall be reckoned as part of the term of such sentence. 

148.  Order  after  suspension.—The  authority  or  officer  specified  in  section  144  may,  at  any  time 

while a sentence is suspended, order— 

(a) that the offender be committed to undergo the unexpired portion of the sentence; or 

(b)that the sentence be remitted. 

149. Reconsideration of case after suspension.—(1) Where a sentence has been suspended, the case 
may at any time, and shall at intervals of not more than four months, be reconsidered by the authority or 
officer not below the rank of an Additional Deputy Inspector-General duly authorised by the authority or 
officer specified in section 144. 

(2) Where on such reconsideration by the officer so authorised it appears to him that the conduct of 
offender  since  his conviction  has  been  such  as  to justify  a  remission  of the sentence,  he shall refer the 
matter to the authority or officer specified in section 144. 

150. Fresh sentence after suspension.—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 for 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. 

151.  Scope  of  power  of  suspension.—The  powers  conferred  by  sections  144  and  148  shall  be  in 

addition to, and not in derogation of, the power of mitigation, remission and commutation.  

152. Effect of suspension and remission on dismissal.—(1) Where in addition to any other sentence 
the punishment of dismissal has been awarded by a Force Court, and such other sentence is suspended 
under section 144, then, such dismissal shall not take effect until so ordered by the authority or officer 
specified in section 144. 

(2)  If  such  other  sentence  is  remitted  under  section  148,  the  punishment  of  dismissal  shall  also  be 

remitted. 

CHAPTER XI 

MISCELLANEOUS 

153.  Rank  structure.—(1)  The  officers  and  other  members  of  the  Force  shall  be  classified  in 

accordance with their ranks in the following categories, namely:— 

(a) officers— 

(i) Director-General. 

(ii) Additional Director-General. 

(iii) Inspector-General. 

(iv) Deputy Inspector-General. 

(v) Additional Deputy Inspector-General. 

(vi) Commandant. 

(vii) Second-in-Command. 

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(viii) Deputy Commandant. 

(ix) Assistant Commandant. 

(b) subordinate officers— 

(i) Subedar-Major. 

(ii) Subedar/Inspector. 

(iii) Sub-Inspector. 

(c) under officers— 

(i) Head Constable. 

(ii) Naik. 

(iii) Lance naik. 

(d)enrolled persons other than under officers—constable. 

(2)  The  matters  relating  to  inter  se  seniority  of  persons  belonging  to  the  same  rank  shall  be 

determined in accordance with such rules as may be prescribed. 

(3)  Notwithstanding  anything  contained  in  this  Act,  the  Director-General  may,  subject  to 
confirmation of the Central Government as provided hereinafter, grant to an officer or a Subedar-Major of 
the  Force  a  rank,  mentioned  in  clause  (a)  of  sub-section  (1)  as  a  local  rank,  whenever  considered 
necessary by him in the interest of better functioning of the Force. 

(4) An officer of the Force holding a local rank,— 

(a) shall exercise the command and be vested with the powers of an officer holding that rank; 

(b) shall cease to hold that rank if the grant of such rank is not confirmed within one month by the 
Central  Government  or  when  so  ordered  by  the  Director-General  or  when  he  ceases  to  hold  the 
appointment for which the rank was granted; 

(c) shall not be entitled to claim any seniority over other officers of the Force by virtue of having 

held such rank; and 

(d) shall not be entitled to any extra pay and allowances for holding such rank. 

Explanation I.—Assistant Commandant shall also include a Joint Assistant Commandant in case of 
personnel belonging to cadres of Motor Mechanic, Combatant Ministerial and Combatant Stenographer of 
the Force. 

Explanation  II.—Sub-Inspector  shall  include  an  Assistant  Sub-Inspector  in  case  of  personnel 

belonging to Combatant Ministerial cadre of the Force. 

154. Powers and duties conferrable and imposable on members of the Force.—(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 officer upon a member of the Force who, in 
the opinion of the Central Government, holds a corresponding or higher rank. 

(3) Every order made under this section shall be laid, as soon as may be after it is made, before each 
House of Parliament, while it is in session, for a total period of thirty days which may be comprised in 
one  session  or in  two  or more  successive  sessions  and  if,  before the  expiry  of  the  session  immediately 
following the session or the successive sessions aforesaid, both Houses agree in making any modification 

36 

 
in the order or both Houses agree that the order should not be made, the order shall thereafter have effect 
only in such modified form or be of no effect, as the case may be; so, however, that any such modification 
or annulment shall be without prejudice to the validity of anything previously done under that order. 

155.  Protection  for  acts  of  members  of  the  Force.—(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 done or intended to be done under the powers conferred by, or in pursuance of any provision 
of  this  Act  or  the  rules,  shall  be  commenced  within  three  months  after  the  act  complained  of  was 
committed and not otherwise, and notice in writing of such proceeding and of the cause thereof shall be 
given  to  the  defendant  or  his  superior  officer  at  least  one  month  before  the  commencement  of  such 
proceeding. 

156. Power to make rules.—(1) The Central Government  may, by notification,  make rules for the 

purpose of carrying into effect 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 constitution, governance, command and discipline of the force; 

(b) the enrolment of persons to the Force and the recruitment of other members of the Force; 

(c) the conditions of service (including deductions from pay and allowances) of members of the 

Force; 

(d) the precedence, powers of command and authority of the officers, subordinate officers, under-

officers and other persons subject to this Act; 

(e) the dismissal, removal, retirement, release or discharge from the service of persons subject to 

this Act; 

(f) the purposes and other matters required to be prescribed under section 13; 

(g) the amount and incidence of fine to be imposed under section 60; 

(h)  the  convening,  constitution,  adjournment,  dissolution  and  sittings  of  Force  Courts,  the 
procedure to be observed in trials by such Courts, the persons by whom an accused may be defended 
in such trials and the appearance of such persons thereat; 

(i) the confirmation, revision and annulment of, and petitions against, the findings and sentences 

of Force Courts; 

(j) the forms of orders to be made under the provisions of this Act relating to Force Courts and 

the awards and infliction of death, imprisonment and detention; 

(k)  the  constitution  of  authorities  to  decide  for  what  persons,  to  what  amounts  and  in  what 
manner, provisions should be made for dependants under section 67 and the due carrying out of such 
decisions; 

(l) the carrying into effect of sentences of Force Courts; 

(m) any matter necessary for the purpose of carrying this Act into execution, as far as it relates to 
the  investigation,  arrest,  custody,  trial  and  punishment  of  offences  triable  or  punishable  under  this 
Act; 

37 

 
(n) the ceremonials to be observed and marks of respect to be paid in the Force; 

(o)  the  convening  of,  the  constitution,  procedure  and  practice  of,  courts  of  inquiry,  the 

summoning of witnesses before them and the administration of oaths by such courts; 

(p)  the  recruitment  and  conditions  of  service  of  Judge  Attorney-General,  Additional  Judge 

Attorney-General, Deputy Judge Attorney-General and Judge Attorney; 

(q) the disposal of the private or regimental property, or any other dues including provident fund 
of persons subject to this Act who die or desert or are ascertained to be of unsound mind or while on 
active duty are officially reported as missing; 

(r) any other matter which is to be, or may be, prescribed, or in respect of which provision is to 

be, or may be, made by rules. 

(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House 
of  Parliament,  while  it  is  in  session,  for  a  total  period  of  thirty  days  which  may  be  comprised  in  one 
session  or  in  two  or  more  successive  sessions,  and  if,  before  the  expiry  of  the  session  immediately 
following the session or the successive sessions aforesaid, both Houses agree in making any modification 
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only 
in such modified form or be of no effect, as the case may be; so, however, that any such modification or 
annulment shall be without prejudice to the validity of anything previously done under that rule. 

157.  Provisions  as  to  existing  Indo-Tibetan  Border  Police  Force.—(1)  The  Indo-Tibetan  Border 
Police Force in existence at the commencement of this Act shall be deemed to be the Force constituted 
under this Act. 

(2) The members of the Indo-Tibetan Border Police Force in existence at the commencement of this 

Act shall be deemed to have been appointed or, as the case may be, enrolled as such under this Act. 

(3)  Anything  done  or  any  action  taken  before  the  commencement  of  this  Act  in  relation  to  the 
constitution  of  the  Indo-Tibetan  Border  Police  Force  referred  to  in  sub-section  (1),  in  relation  to  any 
person appointed or enrolled, as the case may be, thereto, shall be as valid and as effective in law as if 
such thing or action was done or taken under this Act: 

Provided that nothing in this sub-section shall render any person guilty of any offence in respect of 

anything done or omitted to be done by him before the commencement of this Act. 

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