Vidhi Codex

The Sashastra Seema Bal Act, 2007

The Sashastra Seema Bal Act, 2007

Defence2007156 sections11 chapters

The Sashastra Seema Bal Act, 2007 governs a key armed force of India dedicated to border security. It applies to all members of the force, including officers and enrolled personnel, regardless of where they are serving. This law is vital because it establishes the essential legal framework for protecting India’s strategic national borders. It defines official duties, outlines command structures, and restricts certain personal freedoms like joining trade unions to ensure absolute operational discipline. Crucially, it sets up specialized 'Force Courts' and lists serious military offenses, such as mutiny or desertion, to strictly punish and deter misconduct within the ranks.

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Chapter 1 PRELIMINARY →

  1. 1Short title and commencement.
  2. 2Definitions.
  3. 3Persons subject to this Act.

Chapter II CONSTITUTION OF THE FORCE AND CONDITIONS OF SERVICE OF THE MEMBERS OF THE FORCE →

  1. 4Constitution of the Force.
  2. 5Control, direction, etc.
  3. 6Enrolment.
  4. 7Liability for service outside India.
  5. 8Resignation and withdrawal from the post.
  6. 9Tenure of service under the Act.
  7. 10Termination of service by Central Government.
  8. 11Dismissal, removal or reduction in rank by the Director- General and by other officers.
  9. 12Certificate of termination of service.
  10. 13Restrictions respecting right to form association, freedom of speech, etc.
  11. 14Redressal of grievances of persons other than officers.
  12. 15Redressal of grievances of officers.

Chapter III OFFENCES →

  1. 16Offences in relation to enemy and punishable with death.
  2. 17Offences in relation to the enemy and not punishable with death.
  3. 18Offences punishable more severely on active duty than at other times.
  4. 19Mutiny.
  5. 20Desertion and aiding desertion.
  6. 21Absence without leave.
  7. 22Striking or threatening superior officer.
  8. 23Disobedience to superior officer.
  9. 24Insubordination and obstruction.
  10. 25False information on enrolment.
  11. 26Unbecoming conduct.
  12. 27Certain forms of disgraceful conduct.
  13. 28Ill-treating a subordinate.
  14. 29Intoxication.
  15. 30Permitting escape of person in custody.
  16. 31Irregularity in connection with arrest or confinement.
  17. 32Escape from custody.
  18. 33Offences in respect of property.
  19. 34Extortion and exaction.
  20. 35Making away with equipment.
  21. 36Injury to property, etc.
  22. 37False accusations.
  23. 38Falsifying official documents and false declarations.
  24. 39Signing in blank and failure to report.
  25. 40Offences relating to Force Court.
  26. 41False evidence.
  27. 42Unlawful detention of pay.
  28. 43Violation of good order and discipline.
  29. 44Miscellaneous offences.
  30. 45Attempt.
  31. 46Abetment of offences that have been committed.
  32. 47Abetment of offences punishable with death and not committed.
  33. 48Abetment of offences punishable with imprisonment and not committed.
  34. 49Civil offences.
  35. 50Civil offences not triable by a Force Court.

Chapter IV PUNISHMENT →

  1. 51Punishment by Force Courts.
  2. 52Alternative punishments by Force Courts.
  3. 53Combination of punishments.
  4. 54Retention in the Force of a person convicted on active duty.
  5. 55Punishments otherwise than by Force Courts.
  6. 56Minor punishments.
  7. 57Limit of punishments under section 56.
  8. 58Punishment of persons of or below the rank of Commandant by Inspector-General and others.
  9. 59Cancellation, variation or remittance of sentence.
  10. 60Collective fines.

Chapter V DEDUCTIONS FROM PAY AND ALLOWANCES →

  1. 61Deductions from pay and allowances of persons subject to this Act.
  2. 62Pay and allowances during trial.
  3. 63Limit of certain deductions.
  4. 64Deduction from public money due to a person.
  5. 65Pay and allowances of prisoner of war during inquiry into his conduct.
  6. 66Remission of deductions.
  7. 67Provision for dependants of prisoner of war from his remitted deductions and pay and allowances.
  8. 68Period during which a person is deemed to be a prisoner of war.

Chapter VI ARREST AND PROCEEDINGS BEFORE TRIAL →

  1. 69Custody of offenders.
  2. 70Duty of commanding officer in regard to detention.
  3. 71Interval between committal and trial.
  4. 72Arrest by civil authorities.
  5. 73Capture of deserters.
  6. 74Inquiry into absence without leave.
  7. 75Force Police Officers.

Chapter VII FORCE COURTS →

  1. 76Kinds of Force Courts.
  2. 77Power to convene a General Force Court.
  3. 78Power to convene a Petty Force Court.
  4. 79Warrants issued under sections 77 and 78.
  5. 80Composition of a General Force Court.
  6. 81Composition of a Petty Force Court.
  7. 82Summary Force Court.
  8. 83Dissolution of a Force Court.
  9. 84Powers of a General Force Court.
  10. 85Powers of a Petty Force Court.
  11. 86Powers of a Summary Force Court.
  12. 87Prohibition of second trial.
  13. 88Period of limitation for trial.
  14. 89Trial, etc., of offender who ceases to be subject to this Act.
  15. 90Application of Act during term of sentence.
  16. 91Place of trial, etc.
  17. 92Choice between criminal court and Force Court.
  18. 93Power of criminal court to require delivery of offender.

Chapter VIII PROCEDURE OF FORCE COURTS →

  1. 94Presiding officer.
  2. 95Judge Attorneys.
  3. 96Objections.
  4. 97Oath of members, Judge Attorneys and witnesses.
  5. 98Voting by members.
  6. 99General rule as to evidence.
  7. 100Judicial notice.
  8. 101Summoning of witnesses.
  9. 102Documents exempted from production.
  10. 103Commission for examination of witnesses.
  11. 104Examination of a witness on commission.
  12. 105Conviction for offences not charged.
  13. 106Presumption as to signatures.
  14. 107Enrolment paper.
  15. 108Presumption as to certain documents.
  16. 109Reference by accused to Government officer.
  17. 110Evidence of previous convictions and general character.
  18. 111Lunacy of accused.
  19. 112Subsequent fitness of lunatic accused for trial.
  20. 113Transmission to Central Government of order under section 112.
  21. 114Release of lunatic accused.
  22. 115Delivery of lunatic accused to relatives.
  23. 116Order for custody and disposal of property pending trial.
  24. 117Order for disposal of property regarding which offence is committed.
  25. 118Powers of Force Court in relation to proceedings under this Act.
  26. 119Tender of pardon to accomplices.
  27. 120Trial of person not complying with conditions of pardon.

Chapter IX CONFIRMATION AND REVISION OF PROCEEDINGS →

  1. 121Finding and sentence not valid unless confirmed.
  2. 122Power to confirm finding and sentence of General Force Court.
  3. 123Power to confirm finding and sentence of Petty Force Court.
  4. 124Limitation of powers of confirming authority.
  5. 125Power of confirming authority to mitigate, remit or commute sentences.
  6. 126Confirming of findings and sentences on board a ship.
  7. 127Revision of finding or sentence.
  8. 128Finding and sentence of a Summary Force Court.
  9. 129Transmission of proceedings of Summary Force Court.
  10. 130Alteration of finding or sentence in certain cases.
  11. 131Petition against order, finding or sentence of Force Court.
  12. 132Annulment of proceedings.

Chapter X EXECUTION OF SENTENCES, PARDONS, REMISSIONS, ETC. →

  1. 133Execution of sentence of death.
  2. 134Commencement of sentence of imprisonment.
  3. 135Execution of sentence of imprisonment.
  4. 136Temporary custody of convict.
  5. 137Execution of sentence of imprisonment in special cases.
  6. 138Conveyance of prisoner from place to place.
  7. 139Communication of certain orders to prison officers.
  8. 140Recovery of fine.
  9. 141Informality or error in order or warrant.
  10. 142Pardon and remission.
  11. 143Cancellation of conditional pardons, release on parole or remission.
  12. 144Suspension of sentence of imprisonment.
  13. 145Orders pending suspension of sentence.
  14. 146Release on suspension of sentence.
  15. 147Computation of period of sentence.
  16. 148Order after suspension of sentence.
  17. 149Reconsideration of case after suspension of sentence.
  18. 150Fresh sentence after suspension.
  19. 151Scope of power of suspension of sentence.
  20. 152Effect of suspension and remission of sentence on dismissal.

Chapter XI MISCELLANEOUS →

  1. 153Powers and duties conferrable and imposable on members of the Force.
  2. 154Protection for acts of members of the Force.
  3. 155Power to make rules.
  4. 156Provisions as to existing Sashastra Seema Bal.

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