Title : THE INDO-TIBETAN BORDER POLICE FORCE ACT, 1992
Year : 1992
For the purposes of this Act there shall be three kinds of Force Courts, that is to say,--
(a) General Force Courts;
(b) Petty Force Courts; and
(c) Summary Force Courts.
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.
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.
A warrant issued under section 77 or section 78 may contain such restrictions, reservations or conditions as the officer issuing it may think fit.
A General Force Court shall consist of not less than five officers.
A Petty Force Court shall consist of not less than three officers.
(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.
(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.
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.
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.
(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.
(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.
(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.
(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.
(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.
(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.
Any person subject to this Act who commits any offence against it may be tried and punished for such offence in any place whatever.
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.
(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.
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