Search Results on regulation for query: "Assam Rifles Regulation 2016"
Related Section(s)(1) After the
conclusion of a trial before any Assam Rifles Court, the Court or the officer confirming the finding or
sentence of such Assam Rifles Court, or any authority superior to such officer, or, in the case of Summary
Assam Rifles Court whose finding or sentence does not require confirmation, an officer not below the
rank of 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 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. Any person subject to this Act who, being in lawful custody, escapes or
attempts to escape, shall on conviction by an Assam Rifles 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.
Every person subject to this Act shall hold office during the
pleasure of the President.
Subject to the provisions of this Act and the
rules and regulations, the Central Government may dismiss or remove from the service any person subject
to this Act.
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 an Assam Rifles 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.
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 extracts from any person money, provisions or service, shall, on conviction by an Assam Rifles 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. 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 an Assam Rifles 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. Any person subject to this Act who is found in a state of intoxication whether on
duty or not, shall, on conviction by an Assam Rifles 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.
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 an Assam Rifles 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 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 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 an Assam Rifles 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. (1) The convening officer, the presiding officer of an Assam Rifles
Court or court of inquiry or the Law Officer or, as the case may be, the officer approved under section
105 or the Commandant 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, the summons shall be sent to his Commandant 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 Magistrate. Subject to the provisions of section 56, 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 an Assam Rifles 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 in this Act mentioned. The Director-General may make regulations for all or any of the
purposes of this Act other than those specified in section 165, subject to approval of the Central
Government.
A person subject to this Act who
commits an offence of murder or of 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 an Assam Rifles 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. (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. Any officer who deems himself wronged by his Commandant
or any superior officer and who on due application made to his Commandant or such superior officer does
not receive the redress to which he considers himself entitled, may complain to the Central Government
in such manner as may, from time to time, be specified by the Director-General.
It shall be lawful
for proper provision to be made by the prescribed authorities for any dependants of any person subject to
this Act who is prisoner of war or is missing, out of his pay and allowances.
(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 an insurgent or a terrorist or any person in arms against the Union, 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 notification in the Official Gazette, as a period of active duty with reference to any area in which or under any provision of this Act or for the purposes of any other law for the time being in force, any person or class of persons subject to this Act may be serving; (b) "Assam Rifles Court" means a Court referred to in section 86; (c) "battalion" means a unit of the Force constituted as battalion by the Central Government; (d) "Chief Law Officer" and "Law Officer" mean, respectively, the Chief Law Officer and a Law Officer of the Force appointed by the Central Government; (e) "civil offence" means as offence which is triable by a criminal court; (f) "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; (g) "Commandant", when used in any provision of this Act with reference to any unit of the Force, means the officer whose duty it is under the rules or regulations or in the absence of such rules or regulations, by custom of the service, to discharge with respect to that unit, the functions of a Commandant in regard to matters of the description referred to in that provision; (h) "criminal court" means a court of ordinary criminal justice in any part of India; (i) "deputation" means a period for which the services of a person belonging to any department of the Central Government are placed at the disposal of the Director-General; (j) "Director-General" and "Additional Director-General" mean, the Director-General and Additional Director-General of the Force appointed under sub-sections (1) and (2) of section 5, respectively; (k) "enemy" includes all armed mutineers, armed rebels, armed rioters, pirates, terrorists and any person in arms against whom it is the duty of any person subject to this Act to take action; (l) "enrolled person" means an under-officer or other person enrolled under this Act; (m) "Force" means the Assam Rifles; (n) "Force custody" means the arrest or confinement of a member of the Force according to rules and includes any military custody of such member under the Army Act, 1950 (46 of 1950); (o) "Inspector-General" and "Deputy Inspector-General" mean, respectively the InspectorGeneral and the Deputy Inspector-General of the Force appointed under sub-section (2) of section 5; (p) "member of the Force" means an officer, a subordinate officer, an under-officer or other enrolled person and includes the persons on deputation; (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) "regulations" means the regulations made by the Central Government under this Act; (v) "rule" means a rule made under this Act; (w) "subordinate officer" means a person appointed or in pay as a Subedar Major, a Subedar or a Naib Subedar of the Force; (x) "superior officer", when used in relation to a person subject to this Act, means— (i) any member of the Force or a person on deputation to whose command such person is for the time being subject in accordance with the rules; (ii) any officer of 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 higher rank, class or grade; (y) "terrorist" means any person who, with intent to overawe the Government as by law established or to strike terror in the people or any section of the people or to alienate any section of the people or to adversely affect the harmony amongst different sections of the people, does any act or thing by using bombs, dynamite or other explosive substances or inflammable substances or firearms or other lethal weapons or poisons or noxious gases or other chemicals or any other substances (whether biological or otherwise) of a hazardous nature in such a manner, as to cause or is likely to cause death of, or injury to, any person or persons, or damage to, or destruction of, property or disruption of any supplies or services essential to the life of the community; (z) "under-officer" means a Warrant Officer, Havildar, Naik and Lance Naik of the Force; (za) "unit" means any— (i) battalion; or (ii) regiment; or (iii) training institution; or (iv) Head Quarters of Deputy Inspector-General; or (v) Head Quarters of Inspector-General; or (vi) Head Quarters of Director-General, of the Force and includes any other formation of the Force specified, by notification by the Central Government. (2) Words and expressions used and not defined in this Act but defined in the Indian Penal Code (45 of 1860) shall have the meanings assigned to them in that Code. (3) In this Act, reference 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. Neither the arms, clothes, equipment, accoutrements or
necessaries of any person subject to this Act, nor any animal used by him for the discharge of his duty
shall be seized, nor shall, the pay and allowances of any such person or any part thereof, be attached by
direction of any civil or revenue court or any revenue officer in satisfaction of any decree or order
enforceable against him.
(1) There shall be an armed force of the Union called the Assam Rifles
for ensuring the security of the borders of India, to carry out counter insurgency operations in the
specified areas and to act in aid of civil authorities for the maintenance of law and order and the matters
connected therewith.
(2) Subject to the provisions of this Act, the Force shall be reconstituted 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. (1) The
Director-General, Additional Director-General or any Inspector-General may dismiss or remove from
service or reduce to a lower grade or rank or the ranks any person subject to this Act other than an officer.
(2) An officer not below the rank of Deputy Inspector-General may dismiss or remove from the service any person under his command other than an officer or a subordinate officer of such rank or the 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 the 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 and regulations. Subject to the provisions of
this Act, an Assam Rifles Court may, on convicting a person subject to this Act of any of the offences
specified in sections 21 to 54 (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 of the punishments lower in
the scale set out in section 57 regard being had to the nature and degree of the offence.
(1) No person subject to this Act shall, so long as he belongs
to the Force, be liable to be arrested for debt under any process issued by, or by the authority of, any civil
or revenue court or revenue officer, except with the prior consent of the Central Government.
(2) The Judge of any such court or the said officer may examine into any complaint made by such person or his superior officer of the arrest of such person contrary to the provisions of this section and may, by warrant under his hand, discharge the person, and award reasonable costs to the complainant, who may recover those costs in like manner as he might have recovered costs awarded to him by a decree against the person obtaining the process. (3) For the recovery of such costs no court-fee shall be payable by the complainant Any person subject to this Act who knowingly attempts to get enrolled
or enrolls any other person who does not fulfil the conditions enabling him to be enrolled, shall, on
conviction by the Assam Rifles 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.
(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 and regulations, 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 Director-General, Inspectors-General, Deputy Inspectors-General, Commandants and other officers as may be appointed by the Central Government. A subordinate officer or an under-officer or other
enrolled person who is retired, discharged, released, removed or dismissed from service shall be furnished
by the officer, to whose command he is subject, with a certificate in the language which is the mothertongue
of such person and also in Hindi and English language setting forth—
(a) the authority terminating his service; (b) the cause for such termination; and (c) the full period of his service in the Force. The pay of every person subject to this Act
due to him as such under any rules or regulations for the time being in force shall be paid without any
deduction other than the deductions authorised by or under this Act or any other Act.
(1) Any person subject to this Act other
than an officer who deems himself wronged by any officer or subordinate officer may complain to the
officer under whose command or orders 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 superior authority. (4) Every such complaint shall be preferred in such manner as may, from time to time, be specified by the Director-General. (5) The Central Government may revise any decision by the Director-General under sub-section (2), but, subject thereto, the decision of the Director-General shall be final. 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 army, naval, air force law or any member of other armed forces to abstain from acting against the enemy or to discourage such person from acting against the enemy; or (c) in the presence of enemy, 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 or any person in arms against the Union; or (e) directly or indirectly assists the enemy with money, arms, ammunition, stores or supplies or in any other manner whatsoever; or (f) in time of active operation against the enemy 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 Commandant or other superior officer or his post, guard, picket, patrol or party wihout 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 army, naval, air forces of India or any other armed forces of the Central Government co-operating therewith or any part of such forces, shall, on conviction by an Assam Rifles Court, be liable to suffer death or such less punishment as is in this Act mentioned. 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 an Assam Rifles Court,— (A) 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 (B) 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 (1) No Presiding Officer or
member of an Assam Rifles Court, no Law Officer, no party to any proceeding before an Assam Rifles
Court, or his legal practitioner or agent and no witness acting in obedience to a summons to attend an
Assam Rifles Court shall, while proceeding to, attending or returning from, an Assam Rifles Court, be
liable to arrest under civil or revenue process.
(2) If any such person is arrested under any such process, he may be discharged by order of the Assam Rifles Court. 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 Commandant or other superior officer, shall, on conviction by an Assam Rifles 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. 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 when duly ordered to attend there, shall, on conviction by an Assam Rifles 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. 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 posts; 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, watchword or countersign to any person not entitled to receive it ;or (g) knowingly gives a parole, watchword or countersign different from what he received, shall, on conviction by an Assam Rifles Court,— (A) 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 (B) 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. 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 army, naval or air forces of India or any forces co-operating therewith; or (b) joins in any such mutiny; or (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 Commandant or other superior officer; or (e) endeavours to seduce any person in the Force or in the army, naval or air forces of India or any forces cooperating therewith from his duty or allegiance to the Union, shall, on conviction by an Assam Rifles Court, be liable to suffer death or such less punishment as is in this Act mentioned. Any officer, subordinate officer or an 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 an Assam Rifles 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.
(1) Any person subject to this Act who deserts or attempts to
desert the service shall, on conviction by an Assam Rifles 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 an Assam Rifles 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 an Assam Rifles 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. (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 an Assam Rifles 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 an Assam Rifles 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. 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 85 or any person lawfully acting on its 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 an Assam Rifles 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. Any officer, subordinate officer or an under-officer who behaves in a
manner unbecoming his position and the character expected of him shall, on conviction by an Assam
Rifles Court, be liable to be dismissed or to suffer such less punishment as is in this Act mentioned.
Any person subject to this Act who commits any of
the following offences, that is to say,—
(a) when in command of guard, picket, patrol 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 an Assam Rifles 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. 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 an Assam Rifles 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. 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 an Assam Rifles 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. Any person subject to this Act who, having been duly sworn or affirmed before
any Assam Rifles 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 an Assam Rifles 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.
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 41 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-treats or loses any animal entrusted to him, shall, on conviction by an Assam Rifles 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. 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 an Assam Rifles Court, wilfully or without reasonable excuse, makes default in attending; or (b) refuses to take an oath or make an affirmation legally required by an Assam Rifles Court to be taken or made; or (c) refuses to produce or deliver any document in his power or control legally required by an Assam Rifles 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 (e) is guilty of contempt of the Assam Rifles Court by using insulting or threatening language, or by causing any interruption or disturbance in the proceedings of such Court, shall, on conviction by an Assam Rifles 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. 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 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 an Assam Rifles 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. 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 an Assam Rifles 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. 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 same when due,
shall, on conviction by an Assam Rifles 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.
Subject to the provisions of section 63, a Commandant or such other
officer as is, with the consent of the Central Government, specified by the Director-General may, in the
prescribed manner, proceed against a person subject to this Act, otherwise than as an officer or a
subordinate officer or a Warrant 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 or reduction to a lower grade of pay; (f) forfeiture of good service and good conduct pay; (g) severe reprimand or reprimand; (h) fine up to fourteen day's pay in any one month; (i) deduction from his pay and allowances of any sum required to make good such compensation for any expense, loss, damage or destruction caused by him to the Central Government, or any building or property as may be awarded by his Commandant. Any person
subject to this Act who abets the commission of any of the offences specified in sections 21 to 50 (both
inclusive) and punishable with imprisonment shall, on conviction by an Assam Rifles 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
one-half of the longest term provided for that offence or such less punishment as is in this Act mentioned.
Any person subject to this
Act who abets the commission of any of the offences punishable with death under sections 21, 24 and
clause (a) of sub-section (1) of section 25 shall, on conviction by an Assam Rifles 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 of such less punishment as is in this Act mentioned.
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 an Assam Rifles 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.
Any person subject to this Act who attempts to commit any of the offences specified
in sections 21 to 50 (both inclusive) and in such attempt does any act towards the commission of the
offence shall, on conviction by an Assam Rifles 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. Any person subject to this Act who abets the
commission of any of the offences specified in sections 21 to 50 (both inclusive) shall, on conviction by
an Assam Rifles 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.
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 anyone under his command has beaten or otherwise mal-treated 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 when going, to, or returning from, any town or bazaar, carrying a rifle, sword or other offensive weapons; 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 an Assam, Rifles 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. (1) In the case of an award of two or more of the
punishments specified in clauses (a), (b), (c) and (d) of section 62, 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 the said clauses (a), (b) and (c) 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 the said clauses (a), (b) and (c) 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 punishments specified in clause (g) of section 62 shall not be awarded to any person below the rank of an under-officer. (1) Punishments may be inflicted in respect
of offences committed by persons subject to this Act and convicted by the Assam Riles 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 from the service; (d) compulsory retirement from service; (e) imprisonment for a term not exceeding three months in Force custody except in case of officers and subordinate officers; (f) reduction to the ranks or to a lower rank or grade or place in the list of their rank in the case of an under-officer; (g) forfeiture of seniority of rank and forfeiture of all or any part of the service for the purpose of promotion; (h) forfeiture of service for the purpose of increased pay, pension or any other prescribed purpose; (i) fine; (j) severe reprimand or reprimand except in the case of persons below the rank of an underofficer; (k) forfeiture of pay and allowances for a period not exceeding three months for an offence committed on active duty; (l) 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; (m) 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. When on active duty, any
enrolled person has been sentenced by an Assam Rifles Court to dismissal or 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, if any.
A sentence of an Assam Rifles Court may award in addition to,
or without any one other punishment, the punishment specified in clause (c) of sub-section (1) of section
57, and any one more of the punishments specified in clauses (f) to (m) (both inclusive) of that
sub-section.
The following penal 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 absent himself without leave, unless a satisfactory explanation has been given to his commanding officer and has been approved by the Central Government; (b) all pay and allowances for every day while he is in custody or under suspension from duty on a charge for an offence for which he is afterwards convicted by a criminal court or an Assam Rifles Court or by an officer exercising authority under section 64 or section 65; (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 an Assam Rifles Court by whom he is convicted of such offence or by an officer exercising authority under section 64 or section 65; (e) all pay and allowances ordered by an Assam Rifles Court to be forfeited or stopped; (f) any sum required to pay a fine awarded by a criminal court or an Assam Rifles Court; (g) any sum required to make good any loss, damage or destruction of public or regimental property which, after due investigation, appears to the Central Government 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 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 towards the cost of any relief given by the said Government to the said wife or child. (1) Whenever any person subject to this Act deserts, the Commandant of
the unit to which he belongs, 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. (1) An officer not below the rank of the
Deputy Inspector-General or such other officer as is, with the consent of the Central Government,
specified by the Director-General may, in the prescribed manner, proceed against an officer below the
rank of a Deputy Commandant and of any rank of subordinate officer and of the rank of Warrant Officer
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 twelve months, but subject to the right of the accused previous to the award to elect to be tried by an Assam Rifles Court; (b) severe reprimand or reprimand; (c) stoppage of pay and allowances until any proved loss or damage occasioned by the offence of which he is convicted is made good. (2) In every case in which punishment has been awarded under sub-section (1), 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. A
Commandant or such other officer as is, with the consent of the Central Government, specified by the
Director-General may, in the prescribed manner, proceed against any subordinate officer or a Warrant
Officer who is charged with an offence under this Act and award one or more of the following
punishments, that is to say,—
(a) severe reprimand or reprimand; (b) stoppage of pay and allowances until any proved loss or damage occasioned by the offence of which he is convicted is made good: Provided that the punishment mentioned under clause (a) shall only be awarded by an officer not below the rank of Commandant authorised by the Director-General to award such punishment. (1) An officer not below the rank of the InspectorGeneral
or such other officer as is, with the consent of the Central Government, specified by the DirectorGeneral
may, in the prescribed manner, proceed against an officer below the rank of a Commandant and
any subordinate officer and a Warrant Officer who is charged with an offence under this Act and award
one or more of the following punishment, 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 twelve months, but subject to the right of the accused previous to the award to elect to be tried by an Assam Rifles Court; (b) severe reprimand or reprimand; (c) stoppage of pay and allowances until any proved loss or damage occasioned by the offence of which he is convicted is made good. (2) In every case in which punishment has been awarded under sub-section (1), 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. (1) Whenever any weapon or part of a weapon, or ammunition, forming part of
the equipment of a unit of the Force, is lost or stolen, an officer not below rank of the Commandant of a
battalion may, after making such inquiry as he thinks fit and subject to the rules and regulations, impose a
collective fine upon the subordinate officer, under-officer 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 on the pay of the individuals on whom it falls. Subject to the
provisions of section 72, the following penal 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 Commandant, and for every day of imprisonment awarded by a criminal court, an Assam Rifles Court or an officer exercising authority under section 62; (b) all pay and allowances for every day while he is in custody on charge for an offence of which he is afterwards convicted by a criminal court or an Assam Rifles Court or on a charge of absence without leave for which he is afterwards awarded imprisonment by an officer exercising authority under section 62; (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 Central Government or such officer as may be specified by that Government; (e) all pay and allowances ordered by an Assam Rifles Court or by an officer exercising authority under any of the sections 62, 64, 65 and 66 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 as may be awarded by his Commandant; (h) any sum required to pay a fine awarded by a criminal court, an Assam Rifles Court or an officer exercising authority under any of the sections 62 and 67; (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 or illegitimate child or towards the cost of any relief given by the said Government to the said wife or child. In 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 section 68 and section 69.
(1) It shall be the duty of every Commandant 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.
(2) The case of every person, being detained in custody beyond a period of forty-eight hours, and reason thereof, shall be reported by the Commandant to the Deputy Inspector-General under whom he is serving or such other officer to whom an application may be made to convene as Assam Rifles 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. (1) When any person subject to this Act has been absent
from his duty without due authority for a period of thirty days, a court of inquiry shall, as soon as
practicable, be assembled 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
Commandant of the unit to which the person belongs 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 deserter. When a criminal court and an
Assam Rifles Court each have jurisdiction in respect of an offence, it shall be in the discretion of the
Director-General, or the Inspector General or the Deputy Inspector-General within whose command the
accused person is serving or such other officer as may be prescribed, to decide before which court proceedings shall be instituted, and, if that officer, decides that they shall be instituted before an Assam
Rifles Court, to direct that the accused person shall be detained in Force custody.
(1) Subject to the provisions of sub-section (2), a
Summary Assam Rifles 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 Assam Rifles Court for the trial of the alleged offender, an officer holding a Summary Assam Rifles Court shall not try without such reference any offence punishable under any of the sections 21, 24 and 55, or any offence against the officer holding the Court. (3) A Summary Assam Rifles 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 Assam Rifles Court may pass any sentence which may be passed under this Act except the sentence of death or if 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 Assam Rifles Court has held either the post of Commandant or a post declared by the Central Government, by notification, to be equivalent thereto for a period of not less than three years or holds a post of higher rank than either of the said posts; and (b) three months, in any other case. (1) Except as provided by sub-section (2), no trial by an Assam
Rifles Court of any person subject to this Act for any offence shall be commenced after the expiration of a
period of three years and such period shall commence—
(a) on the date of the offence; or (b) where the commission of the offence was not known to the person aggrieved by the offence or to the authority competent to initiate action, from the first day on which such offence comes to the knowledge of such person or authority, whichever is earlier; or (c) where it is not known by whom the offence was committed, from the first day on which the identity of the offender is known to the person aggrieved by the offence or to the authority competent to initiate action, whichever is earlier: Provided that in computing any period under this section, the period during which the proceedings of investigation has been stayed by any court in such offence by injunction or order, the period of the continuance of the injunction or order, the day on which it was issued or made; and the day on which it was withdrawn, shall be excluded. (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 24 or an offence under section 30. (3) In computation of the period of three years under sub-section (1), any time spent by such person in evading arrest after the commission of the offence, shall be excluded. A person charged before an Assam Rifles 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 39 may be found guilty of any other of these offences with which he might have been charged; (f) with an offence punishable under section 55 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 The Central Government, the Director-General or any prescribed
officer may annul the proceeding of any Assam Rifles Court on the ground that they are illegal or unjust.
(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 the evidence of facts stated in such letter, return or other document.
(2) An Assam Rifles 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. (3) Where a record is made in any battalion book in pursuance of this Act or of any rules or otherwise in the discharge of official duties, and purporting to be signed by the Commandant 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 battalion book 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 Commandant of the unit to which such person belongs, 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 the 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 facts, the 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) Any document purporting to be the report under the hand of a Government scientific expert, 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. (8) The Assam Rifles Court may, if it thinks fit, summon and examine the expert referred to in subsection (7) as to the subject matter of his report. (9) Where any such expert is summoned by an Assam Rifles Court and he is unable to attend personally, he may, unless the Court has expressly directed him to appear personally, depute any responsible officer working with him to attend the Court, if such deputed officer is conversant with the facts of the case and satisfactorily depose in the Court on his behalf. (10) The provisions of sub-sections (7), (8) and (9) shall apply to such Government scientific experts as specified in sub-section (4) of section 293 of the Code of Criminal Procedure, 1973 (2 of 1974). In awarding a sentence of death, an Assam Rifles 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.
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 where of such person was brought into, or is
confined in any such place, and any such order, warrant or document may be amended accordingly.
(1) Any person subject
to this Act who considers himself aggrieved by any order passed by any Assam Rifles Court may present
a petition to the officer or authority empowered to confirm any finding or sentence of the Assam Rifles
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 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 Assam Rifles 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. (1) Where a person subject to this Act is sentenced
by an Assam Rifles Court to imprisonment, the Central Government, the Director-General or any officer
empowered to convene a General Assam Rifles 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 order 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 with has been confirmed, reduced or commuted. (1) Whenever any sentence of imprisonment is
passed under this Act by an Assam Rifles Court or whenever any sentence of death is commuted to
imprisonment, the confirming officer or in case of a Summary Assam Rifles 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 Commandant 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 despatch 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 an Assam Rifles 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 Deputy Inspector-General within whose command the person sentenced is serving or any prescribed officer may from time to time appoint. When any person subject to this Act has been convicted by an Assam
Rifles 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
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 punishment 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. Every rule or regulation 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 regulation or
both Houses agree that the rule or regulation should not be made, the rule or regulation 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 or regulation.
|
