SectionsParticulars
Preamble
An Act to provide for the constitution and regulation of an armed force of the Union for ensuring the security of the borders of India and for matters connect...
Chapter IPreliminary
1Short title and commencement
1.     This Act may be called the Sashastra Seema Bal Act, 2007.2.     It shall come into force on such date as the Central Government may, by notification, ...
2Definitions
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 t...
3Persons 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, namel...
Chapter IIConstitution of the Force and Conditions of Service of the Members of the Force
4Constitution of the Force
. 1.     There shall be an armed force of the Union called the Sashastra Seema Bal for ensuring the security of the borders of India and performing such other...
5Control, 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 t...
6Enrolment
. The persons to be enrolled to the Force, the mode of enrolment and the procedure for enrolment shall be such as may be prescribed....
7Liability for service outside India
Every member of the Force shall be liable to serve in any part of India as well as outside India....
8Resignation 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...
9Tenure of service under the Act
Every person subject to this Act shall hold office during the pleasure of the President....
10Termination 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....
11Dismissal, removal or reduction in rank by the Director-General and by other officers
1.     The Director-General, or any Additional Director-General or Inspector-General may dismiss or remove from the service or reduce to a lower grade or rank...
12Certificate 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 furni...
13Restrictions 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 mem...
14Redressal of grievances of 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...
15Redressal of grievances of 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 su...
Chapter IIIOffences
16Offences in relation to enemy and punishable with death
Any person subject to this Act who commits any of the following offences, namely:.a.     shamefully abandons or delivers up any post, place or guard, committe...
17Offences in relation to the enemy and not punishable with death
Any person subject to this Act who commits any of the following offences, namely:.a.     is taken prisoner or captured by the enemy, by want of due precaution...
18Offences punishable more severely on active duty than at other times
Any person subject to this Act who commits any of the following offences, namely:.a.     forces a safeguard, or forces or uses criminal force to a sentry; orb...
19Mutiny
Any person subject to this Act who commits any of the following offences, namely:.a.     begins, incites, causes or conspires with any other person to cause a...
20Desertion 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 wh...
21Absence without leave
Any person subject to this Act who commits any of the following offences, namely:.a.     absents himself without leave; orb.    without sufficient cause over...
22Striking or threatening superior officer
Any person subject to this Act who commits any of the following offences, namely:.a.     uses criminal force to or assaults his superior officer; orb.    uses...
23Disobedience 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 superio...
24Insubordination and Obstruction
Any person subject to this Act who commits any of the following offences, namely: a.     being concerned in any quarrel, affray or disorder, refuses to obey a...
25False information on enrolment
Any person having become subject to this Act who is discovered to have knowingly given at the time of enrolment false information to any question set forth in...
26Unbecoming 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,...
27Certain forms of disgraceful conduct
Any person subject to this Act who commits any of the following offences, namely:.a.     is guilty of any disgraceful conduct of a cruel, indecent or unnatura...
28Ill-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...
29Intoxication
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 Froce Court, be liable to suf...
30Permitting escape of person in custody
Any person subject to this Act who commits any of the following offences, namely:.a.     when in command of a guard, picket, patrol, detachment or post, relea...
31Irregularity in connection with arrest or confinement
Any person subject to this Act who commits any of the following offences, namely:.a.     unnecessarily detains a person in arrest or confinement without bring...
32Escape 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 impris...
33Offences in respect of property
Any person subject to this Act who commits any of the following offences, namely:.a.     commits theft of any property belonging to the Government, or to any ...
34Extortion and exaction
Any person subject to this Act who commits any of the following offences, namely:.a.     commits extortion; orb.    without proper authority exacts from any ...
35Making away with equipment
Any person subject to this Act who commits any of the following offences, namely:.a.     makes away with, or is concerned in making away with, any arms, ammun...
36Injury to property, etc.
Any person subject to this Act who commits any of the following offences, namely:a.     destroys or injures any property mentioned in clause (a) of section 35...
37False accusations
Any person subject to this Act who commits any of the following offences, namely:.a.     makes a false accusation against any person subject to this Act, know...
38Falsifying official documents and false declarations
Any person subject to this Act who commits any of the following offences, namely:.a.     in any report, return, list, certificate, book or other document made...
39Signing in blank and failure to report
Any person subject to this Act who commits any of the following offences, namely:a.     when signing any document relating to pay, arms, ammunitions, equipmen...
40Offences relating to Force Court
Any person subject to this Act who commits any of the following offences, namely:.a.     being duly summoned or ordered to attend as a witness before a Force ...
41False 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...
42Unlawful detention of pay
Any officer, subordinate officer or an under-officer who, having received the pay of a person subject to this Act unlawfully detains or refuses to pay the sam...
43Violation 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 th...
44Miscellaneous offences
Any person subject to this Act who commits any of the following offences, namely:.a.     being in command at any post or on the march, and receiving a complai...
45Attempt
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 tow...
46Abetment 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...
47Abetment of offences punishable with death and not committed
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 ...
48Abetment 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 imprisonmen...
49Civil 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 ...
50Civil 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 su...
Chapter IVPunishments
51Punishment 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 follo...
52Alternative punishments 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 (bo...
53Combination 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 o...
54Retention 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 ...
55Punishments 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 stat...
56Minor 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 pers...
57Limit 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...
58Punishment of persons of or below the rank of Commandant by Inspector 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 ...
59Cancellation, variation or remittance of sentence
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 man...
60Collective fines
1.     Whenever any weapon or part of weapon or ammunition, forming part of the equipment of a unit, is lost or stolen, a commanding officer not below the ran...
Chapter VDeductions from Pay and Allowances
61Deductions 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, namely:.a.     all pay and allowances due to an officer for every day ...
62Pay 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 th...
63Limit 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...
64Deduction 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 de...
65Pay 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 o...
66Remission 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 tim...
67Provision for dependants 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...
68Period 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 r...
Chapter VIArrest and Proceedings before Trial
69Custody of offenders
1.     Any person subject to this Act who is charged with any offence may be taken into Force custody under the order of any superior officer. 2.     Notwiths...
70Duty 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 f...
71Interval 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 wi...
72Arrest 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 ma...
73Capture 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 d...
74Inquiry 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 p...
75Force 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...
Chapter VIIForce Courts
76Kinds of Force Courts
For the purposes of this Act, there shall be three kinds of Force Courts, namely:a.     General Force Courts;b.    Petty Force Courts; andc.     Summary For...
77Power 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-...
78Power 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 su...
79Warrants 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....
80Composition of a General Force Court
A General Force Court shall consist of not less than five officers....
81Composition of a Petty Force Court
A Petty Force Court shall consist of not less than three officers....
82Summary 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 attend...
83Dissolution 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.     I...
84Powers 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 there under and to pass any sentence authorised th...
85Powers 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 ...
86Powers 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...
87Prohibition 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...
88Period 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 expirat...
89Trial, 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 an...
90Application 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...
91Place of trial, etc.
1.     Any person subject to this Act who commits any offence under this Act may be tried and punished for such offence at any place.2.     The persons by wh...
92Choice 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, Additional Dir...
93Power 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, b...
Chapter VIIIProcedure of Force Courts
94Presiding officer
At every General Force Court or Petty Force Court, the senior member shall be the presiding officer....
95Judge Attorneys
1.     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 Ju...
96Objections
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 sha...
97Oath of members, Judge Attorneys and witnesses
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...
98Voting 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 ther...
99General rule as to evidence
The Indian Evidence Act, 1872, shall, subject to the provisions of this Act, apply to all proceedings before a Force Court....
100Judicial notice
A Force Court may take judicial notice of any matter within the general knowledge of the members as officers of the Force....
101Summoning of witnesses
1.     The convening officer or the presiding officer of a Force Court or the Judge Attorney or, as the case may be, the Deputy Judge Attorney-General or the ...
102Documents 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, or to apply to any letter, pos...
103Commission 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, an...
104Examination 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 wri...
105Conviction for offences not charged
A person charged before a Force Court with. a.     desertion may be found guilty of attempting to desert or of being absent without leave;b.    attempting to ...
106Presumption 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 G...
107Enrolment paper
1.     Any enrolment paper purporting to be signed by an enrolling officer shall, in proceedings under this Act, be evidence of the person enrolling having gi...
108Presumption 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 ...
109Reference 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 ...
110Evidence 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 evid...
111Lunacy 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 m...
112Subsequent 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 sec...
113Transmission to Central Government of order 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....
114Release 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 cust...
115Delivery 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 des...
116Order 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 produce...
117Order for disposal of property regarding which offence is committed
1.     After the conclusion of a trial before any Force Court, the Court or the office confirming the finding or sentences of such Force Court, or any authori...
118Powers 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 Indi...
119Tender of pardon to accomplices
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...
120Trial 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 A...
Chapter IXConfirmation and Revision of Proceedings
121Finding 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....
122Power 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 Cen...
123Power 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 ...
124Limitation of powers of confirming authority
A warrant issued under section 122 or section 123 may contain such restrictions, reservations or condition as the authority issuing it may think fit....
125Power 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 m...
126Confirming 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 execut...
127Revision 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...
128Finding 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....
129Transmission of proceedings of Summary Force Court
The proceedings of every Summary Force Court shall be forwarded without delay to the officer not below the rank of Additional Deputy Inspector-General within ...
130Alteration 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 c...
131Petition 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 authorit...
132Annulment 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 unj...
Chapter XExecution of Sentences, Pardons, Remissions, Etc.
133Execution of sentence of death
In executing 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 d...
134Commencement 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 recko...
135Execution 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 conf...
136Temporary custody of convict
Where a sentence of imprisonment is directed to be undergone in a civil prison, the convict may be kept in Force custody or in any other fit place till such t...
137Execution 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 porti...
138Conveyance 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 re...
139Communication 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 ...
140Recovery 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 conf...
141Informality or error in 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 l...
142Pardon 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 se...
143Cancellation of conditional pardons, 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 ...
144Suspension 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...
145Orders pending suspension of sentence
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...
146Release on suspension of sentence
Where a sentence is suspended under section 144, the offender shall forthwith be released from custody....
147Computation of period of sentence
Any period during which the sentence is under suspension shall be reckoned as part of the term of such sentence....
148Order after suspension of sentence
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 u...
149Reconsideration of case after suspension of sentence
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...
150Fresh 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 suspen...
151Scope of power of suspension of sentence
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....
152Effect of suspension and remission of sentence 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 secti...
Chapter XIMiscellaneous
153Powers 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 m...
154Protection 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...
155Power to make rules
1.     The Central Government may, by notification, make rules for the purpose of carrying out the provisions of this Act.2.     In particular, and without p...
156Provisions as to existing Sashastra Seema Bal
1.     The Sashastra Seema Bal in existence at the commencement of this Act shall be deemed to be the Force constituted under this Act. 2.     The members of...
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