Search Results on rules for query: "National-Security-Guard-adjustment-of-Jurisdiction-Rule-1987"
Related Section(s)(1) Except as provided by sub-section (2), no trial by a Security
Guard 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 17. (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, In every case where any such person as is mentioned in
section 55 and as is not on active duty, remains in such custody for a longer period than eight days
without a Security Guard Court for his trial being convened, a special report giving reasons for the delay
shall be made by his Commander and a similar report shall be forwarded at intervals of every eight days
until a Security Guard Court is convened or such person is released from custody.
When a Criminal Court and a
Security Guard Court have each 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 the
proceedings shall be instituted, and, if that officer decides that they shall be instituted before a Security
Guard Court, to direct that the accused person shall be detained in Security Guard custody.
Any person subject to this Act who commits any
of the following offences, that is to say,—
(a) being duly summoned or ordered to attend as a witness before a Security Guard Court, wilfully or without reasonable excuse, makes default in attending; or (b) refuses to take an oath or make an affirmation legally required by a Security Guard Court to be taken or made; or (c) refuses to produce or deliver any document in his power or control legally required by a Security Guard 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 Security Guard Court by using insulting or threatening language, or by causing any interruption or disturbance in the proceedings of such court, shall, on conviction by a Security Guard 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, having been duly sworn or affirmed before
any Security Guard Court, or before any officer competent under this Act to administer oath or
affirmation or before a Court of inquiry constituted under this Act, makes any statement which is false,
and which he either knows or believes to be false or does not believe to be true, shall, on conviction by a
Security Guard 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) When any person subject to this Act has been absent
from duty without due authority for a period of thirty days, a Court of inquiry shall, as soon as
practicable, be appointed by an officer not below the rank of a Group Commander under whose command
he is for the time being serving 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 transmit the
proceedings of the Court of inquiry to the officer who appointed the court of inquiry, for further action.
(2) If the person declared absent does not afterwards surrender or is not apprehended, he shall, for the purposes of this Act, be deemed to be a deserter. Subject to the provisions of section 46, any person subject to this Act who at any
place in, or beyond, India commits any civil offence shall be deemed to be guilty of an offence against
this Act and, if charged therewith under this section shall be liable to be tried by a Security Guard Court
and, on conviction, be punishable as follows, that is to say,—
(a) if the offence is one which would be punishable under any law in force in India with death, he shall be liable to suffer any punishment, assigned for the offence, by the aforesaid law and such less punishment as is in this Act mentioned; and (b) in any other case, he shall be liable to suffer any punishment, assigned for the offence by the law in force in India, or imprisonment for a term which may extend to seven years, or such less punishment as is in this Act mentioned. (1) Subject to the provisions of section 52, a Commander of and above
the rank of a Group Commander may, in the prescribed manner proceed against a person subject to this
Act other than an officer or an Assistant Commander, 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 Security Guard 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 acting rank provided such rank has not been held by him for more than two years; (f) severe reprimand or reprimand; (g) deductions from his pay and allowances of any sum required to make good any loss or damage occasioned by the offence for which he is punished. (2) If a group is being temporarily commanded by an officer of the rank of a Squadron Commander or a Team Commander, such officer shall have full powers of a Commander as specified in sub-section (1). (3) Subject to the provisions of section 52, a Squadron Commander or a Team Commander commanding a squadron or a team or any detachment shall have the power to proceed against a person subject to this Act, other than an officer or an Assistant Commander, who is charged with an offence under this Act and award such person to the extent prescribed, one or more of the punishments specified in clauses (a) to (d) and (g) of sub-section (1) provided that the maximum limit of punishment awarded under each of the clauses (a), (b) and (c) shall not exceed fourteen days. (1) If a Security Guard 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, a Security Guard Court shall be dissolved. (3) The authority or officer who convened a Security Guard Court may dissolve the same if it appears to it or him that the exigencies of the service or necessities of discipline render it impossible or inexpedient to continue the said Security Guard Court. (4) Where a Security Guard Court is dissolved under this section, the accused may be tried again. (1) The Central Government may, by notification, make rules for
carrying out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the manner in which the Security Guard shall be constituted and the conditions of service of its members under sub-section (1) of section 4; (b) the nature of the book or letter or other document, the communication or publication whereof would not be restricted by sub-section (1) of section 12; (c) the purposes other than political purposes for which a person subject to the Act shall not participate in, or address, any meeting or demonstration under sub-section (2) of section 12; (d) the purposes for which the forfeiture of service as a punishment may be inflicted under sub-section (1) of section 47; (e) the manner in which officers may be proceeded against under section 53 and sub-sections (1) and (2) of section 54; (f) the manner in which and the period for which any person subject to this Act may be taken into and detained in Security Guard custody pending his trial under sub-section (4) of section 56; (g) the manner in which a Court of inquiry enquiring into the absence of person, shall administer oath or affirmation under sub-section (1) of section 60; (h) the manner in which a vacancy may be filled in on the retirement of a member of General Security Guard Court or a Petty Security Guard Court under sub-section (3) of section 81; (i) the manner in which oath or affirmation shall be administered to the members of the Security Guard Courts and the Judge Attorney, etc., under sub-section (1) of section 82; (j) the manner in which a person giving evidence before a Security Guard Court shall be sworn or affirmed in under sub-section (2) of section 82; (k) the manner in which a Security Guard Court when convicting a person may inquire into under sub-section (1) of section 95; (l) the manner in which an accused person shall be kept in custody under sub-section (4) of section 96; (m) the form of the warrant which shall be forwarded to the officer in charge of the prison in which a person under sentence of imprisonment is to be conferred under sub-section (2) of section 117; (n) the person who shall forward the warrant for the confinement of a person in a civil prison under section 121; (o) the matters relating to inter se seniority of persons belonging to the same rank under sub-section (2) of section 135; (p) the authorities or officers to be prescribed under section 7, sub-section (2) of section 10, sub-section (1) of section 12, section 77, section 97, section 111, sub-section (2) of section 113, sub-sections (1), (2) and (4) of section 117 and section 124; (q) any other matter which is to be, or may be, prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of this Act. (3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 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 drunk; or (d) without orders from his superior officer leaves his guard, picket, patrol or post, shall, on conviction by a Security Guard Court,— (i) if he commits any such offence when on active duty, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and (ii) if he commits any such offence when not on active duty, be liable to suffer imprisonment for a term which may extend to seven years of such less punishment as is in this Act mentioned (1) When any person subject to this Act has been acquitted or
convicted of an offence by a Security Guard Court or by a Criminal Court or has been dealt with under
section 51 or section 53 or section 54, he shall not be liable to be tried again for the same offence by a
Security Guard 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 Security Guard Court or has been dealt with under section 51 or section 53 or section 54, he shall not be liable to be tried again by a Criminal Court for the same offence or on the same facts. (1) This Act may be called the National Security Guard Act,
1986.
(2) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.
1. 16th October, 1986, vide notification No. S.O. 737(E), dated 16th October, 1986, see Gazette of India, Extraordinary, Part II,
sec. 3(ii).
(1) The following persons appointed (whether on deputation or in
any other manner) in the Security Guard shall be subject to this Act, wherever they may be, namely:—
(a) officers and Assistant Commander; and (b) Rangers and combatised tradesmen. (2) Every person subject to this Act shall remain so subject until repatriated, retired, released, discharged, removed or dismissed from the Security Guard in accordance with the provisions of this Act and the rules (1) The general superintendence, direction and control of the Security
Guard shall vest in, and be exercised by, the Central Government and subject thereto and to the provisions
of this Act and the rules, the command and supervision of the Security Guard shall vest in an officer to be
appointed by the Central Government as the Director-General of the Security Guard.
(2) The Director-General shall, in the discharge of his duties under this Act, be assisted by such number of Additional Directors-General, Inspectors-General, Deputy Inspectors-General, Group Commanders and other officers as may be appointed by the Central Government. (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 Security Guard during the period in which such person is attached to, or forms part of, a unit of the Security Guard— (i) which is engaged in operations against terrorists or any person in arms against the Union; or (ii) which is operating at a picket or engaged on patrol or any other duty, in relation to combating terrorist activity; (b) "Assistant Commander" means a person appointed or in pay as an Assistant Commander Grade I, Assistant Commander Grade II or Assistant Commander Grade III; (c) "civil offence" means an offence which is triable by a Criminal Court or by a special Judge appointed under the Criminal Law Amendment Act, 1952 (46 of 1952); (d) "civil prison" means any jail or place used for the detention of any criminal prisoner under the Prisons Act, 1894 (9 of 1894), or under any other law for the time being in force; (e) "combatised tradesman" means a person appointed or in pay as a combatised tradesman; (f) "Commander", when used in any provision of this Act with reference to any unit of the Security Guard, means the officer whose duty it is to discharge with respect to that unit, the functions of a Commander in regard to matters of the description referred to in that provision; (g) "Criminal Court" means a Court of ordinary criminal justice in any part of India and includes a Court of a special Judge appointed under the Criminal Law Amendment Act, 1952 (46 of 1952); (h) "Deputy Inspector-General" means a Deputy Inspector-General of the Security Guard appointed under section 5; (i) "Director-General" and "Additional Director-General" mean, respectively, the Director-General and an Additional Director-General of the Security Guard appointed under section 5; (j) "Group" means a unit of the Security Guard constituted as a Group by the Central Government; (k) "Group Commander" means a Group Commander of the Security Guard appointed under section 5; (l) "Inspector-General" means an Inspector-General of the Security Guard appointed under section 5; (m) "Judge Attorney-General", "Additional Judge Attorney-General", "Deputy Judge Attorney-General" and "Judge Attorney" mean, respectively, the Judge Attorney-General, an Additional Judge Attorney-General, a Deputy Judge Attorney-General and a Judge Attorney of the Security Guard appointed in the appropriate rank by the Central Government; (n) "member of the Security Guard" means an officer, an Assistant Commander, a Ranger or a combatised tradesman; (o) "notification" means a notification published in the Official Gazette; (p) "offence" means any act or omission punishable under this Act and includes a civil offence; (q) "officer" means a person appointed or in pay as an officer of the Security Guard; (r) "prescribed" means prescribed by rules; (s) "Ranger" means a Ranger Grade I and a Ranger Grade II of the Security Guard; (t) "rule" means a rule made under this Act; (u) "Security Guard" means the National Security Guard; (v) "Security Guard Court" means a Court referred to in section 61; (w) "Security Guard custody" means the arrest or confinement of a member of the Security Guard according to rules; (x) "superior officer", when used in relation to a person subject to this Act, means (i) any member of the Security Guard to whose command such person is for the time being subject in accordance with the rules; (ii) any officer of a higher rank or class, and includes, when such person is not an officer, an Assistant Commander or a Ranger of a higher rank or class; (y) "terrorist" means any person who, with intent to over-awe 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 as is likely to cause, death of, or injuries 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) all words and expressions used and not defined in this Act but defined in the Indian Penal Code (45 of 1860) shall have the meanings respectively assigned to them in that Code. (2) In this Act, references to any law not in force in any State shall be construed as references to the corresponding law in force in that State. Subject to the provisions of this Act and the
rules, the Central Government may dismiss or remove from service any person subject to this Act.
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 Security Guard or in the military, naval, air forces or any other armed force 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 Commander or other superior officer; or (e) endeavours to seduce any person in the Security Guard or in the military, naval, air forces or any other armed force of India or any forces co-operating therewith from his duty or allegiance to the Union, shall, on conviction by a Security Guard Court, be liable to suffer death or such less punishment as is in this Act mentioned. (1) No person
subject to this Act shall, without the previous sanction in writing of the Central Government or of the
prescribed authority,—
(a) be a member of, or be associated in any way with, any trade union, labour union, political association or with any class of trade unions, labour unions or political associations; or (b) be a member of, or be associated in any way with, any society, institution, association or organisation that is not recognised as part of the Security Guard or is not of a purely social, recreational or religious nature; or (c) communicate with the press or publish or cause to be published any book, letter or other document except where such communication or publication is in the bona fide discharge of his duties or is of a purely literary, artistic or scientific character or is of a prescribed nature. Explanation.—If any question arises as to whether any society, institution, association or organisation is of a purely social, recreational or religious nature under clause (b) of this sub-section, the decision of the Central Government thereon shall be final. (2) No person subject to this Act shall participate in, or address, any meeting or take part in any demonstration organised by any body of persons for any political purposes or for such other purposes as may be prescribed. An officer not below the rank of an Inspector-General may, in the
prescribed manner, proceed against an officer of or below the rank of a Squadron Commander, who is
charged with an offence under this Act, and award one or more of the following punishments, that is to
say,—
(a) forfeiture of seniority, or in the case of any of them whose promotion depends upon length of service, forfeiture of service for the purpose of promotion for a period not exceeding one year, but subject to the right of the accused previous to the award to elect to be tried by a General Security Guard Court; (b) severe reprimand or reprimand; (c) deduction from pay and allowances of any sum required to make good any proved loss or damage occasioned by the offence of which he is convicted. (1) The
Director-General, any 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 a Deputy Inspector-General or any prescribed officer may dismiss or remove from the service any person under his command other than an officer or an Assistant Commander. (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 an Assistant Commander. (4) The exercise of any power under this section shall be subject to the provisions of this Act and the rules. (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
othrewise, shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term
which may extend to fourteen years or such less punishment as is in this Act mentioned.
(2) Any person subject to this Act who disobeys any lawful command given by his superior officer shall, on conviction by a Security Guard 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) shamefully abandons place of his duty or misbehaves in such manner as to show cowardice during operations; (b) treacherously holds correspondence with, or communicates intelligence to, a terrorist or any person in arms against the Union; or (c) directly or indirectly assists any terrorist with money, arms, ammunition, stores or supplies or in any other manner whatsoever; or (d) knowingly does any act calculated to imperil the success of the Security Guard or the military, naval, air forces or any other armed force of India or any forces co-operating therewith or any part of such forces, shall, on conviction by a Security Guard 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 a Security Guard Court,— (i) if such officer is at the time in the execution of his office or, if the offence is committed on active duty, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and (ii) in other cases, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned: Provided that in the case of any offence specified in clause (c), the imprisonment shall not exceed five years. (1) Any person subject to this Act who deserts or attempts to
desert the service shall, on conviction by a Security Guard Court,—
(a) if he commits the offence when on active duty or when under orders for active duty, be liable to suffer death or such less punishment as is in this Act mentioned; and (b) if he commits the offence under any other circumstances, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. (2) Any person subject to this Act who knowingly harbours any such deserter shall, on conviction by a Security Guard 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. (3) Any person subject to this Act who, being cognizant of any desertion or attempt at desertion of a person subject to this Act, does not forthwith give notice to his own or some other superior officer, or take any steps in his power to cause such person to be apprehended, shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned. (4) For the purposes of this Act, a person deserts,— (a) if he absents from his unit or the place of duty at any time with the intention of not reporting back to such unit or place, or who, at any time and under any circumstances when absent from his unit or place of duty, does any act which shows that he has an intention of not reporting to such unit or place of duty; (b) if he absents himself without leave with intent to avoid any active duty. Any person subject to this Act who, being in lawful custody, escapes or
attempts to escape, shall, on conviction by a Security Guard 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) makes away with, or is concerned in making away with, any arms, ammunition, equipment, instruments, tools, clothing or any other thing being the property of the Government issued to him for his use or entrusted to him; or (b) loses by neglect anything mentioned in clause (a); or (c) sells, pawns, destroys or defaces any medal or decoration granted to him, shall, on conviction by a Security Guard 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. (1) The officers and other members of the Security Guard shall be classified
in accordance with their ranks in the following categories, namely:—
(a) officers— (i) Director-General. (ii) Additional Director-General. (iii) Inspector-General. (iv) Deputy Inspector-General. (v) Group Commander. (vi) Squadron Commander. (vii) Team Commander (b) Assistant Commanders— (viii) Assistant Commander Grade I. (ix) Assistant Commander Grade II. (x) Assistant Commander Grade III. (c) person other than officers and Assistant Commanders— (xi) Ranger Grade I. (xii) Ranger Grade II. (xiii) Combatised tradesmen. (2) The matters relating to inter se seniority of persons belonging to the same rank shall be determined in accordance with such rules as may be prescribed. (3) Notwithstanding anything contained in this Act, the Director-General may, subject to confirmation by the Central Government as provided hereinafter, grant to an officer or Assistant Commander Grade I a rank, mentioned in clause (a) of sub-section (1) as a local rank, whenever considered necessary by him in the interest of better functioning of the Security Guard. (4) An officer or Assistant Commander Grade I holding a local rank,— (a) shall exercise the command and be vested with powers of an officer holding that rank; (b) shall cease to hold that rank, if the grant of such rank is not confirmed within one month by the Central Government, or when so ordered by the Director-General or when he ceases to hold the appointment for which the rank was granted; (c) shall not be entitled to claim any seniority over other officers by virtue of his having held such local rank; and (d) shall not be entitled to any extra pay for holding such rank. (1) An officer not below the
rank of a Deputy Inspector-General may, in the prescribed manner, proceed against a person of the rank
of an Assistant Commander who is charged with an offence under this Act and award one or more of the
following punishments, that is to say,—
(a) forfeiture of seniority, or in the case of any of them whose promotion depends upon the length of service, forfeiture of service for the purpose of promotion for a period not exceeding one year, but subject to the right of the accused previous to the award to elect to be tried by a General Security Guard Court; (b) severe reprimand or reprimand; (c) deduction from pay and allowances of any sum required to make good any proved loss or damage occasioned by the offence of which he is convicted. (2) An officer of the rank of a Group Commander may, in the prescribed manner, proceed against a person of the rank of an Assistant Commander who is charged with an offence under this Act and award any one or both of the following punishments, that is to say,— (a) severe reprimand or reprimand; (b) deduction from pay and allowances of any sum required to make good any proved loss or damage occasioned by the offence of which he is convicted. (1) Punishments may be inflicted in
respect of offences committed by persons subject to this Act and convicted by Security Guard 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 Security Guard custody; (c) dismissal from the service; (d) imprisonment for a term not exceeding three months in Security Guard custody; (e) reduction to the ranks or to a lower rank or grade in the case of a Ranger Grade I; (f) forfeiture of seniority of rank and forfeiture of all or any part of the service for the purpose of promotion where promotion depends upon length of service; (g) forfeiture of service for the purpose of increment or pension or other prescribed purpose; (h) severe reprimand or reprimand except in the case of persons below the rank of Ranger Grade I; (i) forfeiture in the case of a 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; (j) deduction from pay and allowances to make good any proved loss or damage occasioned by the offence for which he is convicted. (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 (1) It shall be the duty of every Commander 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 the reasons therefor, shall be reported by the Commander to the next higher authority. (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 Security Guard custody, pending the trial by any competent authority for any offence committed by him (1) At all trials by a General Security Guard Court or by a Petty Security Guard
Court, as soon as the Court is assembled, the names of the presiding officer and members shall be read
over to the accused, who shall thereupon be asked whether he objects to being tried by any officer, sitting
on the Court.
(2) If the accused objects to such officer, his objection and also the reply thereto of the officer objected to shall be heard and recorded, and the remaining officers of the Court shall, in the absence of the challenged officer, decide on the objection. (3) If the objection is allowed by one half or more of the votes of the officers entitled to vote, the objection shall be allowed, and the member objected to shall retire, and his vacancy may be filled in the prescribed manner, by another officer subject to the same right of the accused to object. (4) When no challenge is made, or when a challenge has been made and disallowed, or the place of every officer successfully challenged has been filled by another officer to whom no objection is made or allowed, the Court shall proceed with the trial. (1) The convening officer, the presiding officer of a Security Guard
Court, the Judge Attorney or, as the case may be, the Deputy Judge Attorney-General or the Additional
Judge Attorney-General or the officer approved under section 80 or the Commander 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 Commander 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 was required in the Court of such a Magistrate. (4) When a witness is required to produce any particular document or other thing in his possession or power, the summons shall describe it with reasonable precision. (1) Whenever any sentence of imprisonment is
passed under this Act by a Security Guard Court or whenever any sentence of death is commuted to
imprisonment, the confirming officer, or in case of a Summary Security Guard 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 Commander 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 a Security Guard Court, the appropriate officer under sub-section (1) may direct that the sentence shall be carried out by confinement in Security Guard 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. Whenever an order is duly made under
this Act setting aside or varying any sentence, order or warrant under which any person is confined in a
civil prison, a warrant in accordance with such order shall be forwarded by the officer making the order or
his staff officer or such other person as may be prescribed, to the officer in charge of the prison in which
such person is confined.
A person charged before a Security Guard 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 29 may be found guilty of any other of these offences with which he might have been charged; (f) with an offence punishable under section 45 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. (1) Any person
subject to this Act who considers himself aggrieved by any order passed by any Security Guard Court
may present a petition to the officer or authority empowered to confirm any finding or sentence of such
Security Guard Court, and the confirming authority may take such steps as may be considered necessary
to satisfy itself as to the correctness, legality or propriety of the order passed or as to the regularity of any
proceeding to which the order relates.
(2) Any person subject to this Act who considers himself aggrieved by a finding or sentence of any Security Guard 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) A letter, return or other document respecting the
service of any person in, or the dismissal or discharge of any person from, any unit of the Security Guard,
or respecting the circumstances of any person not having served in, or belonged to, any unit of the
Security Guard, if purporting to be signed by or on behalf of the Central Government or the
Director-General, or by any other competent authority, shall be evidence of the facts stated in such letter,
return or other document.
(2) A National Security Guard List or Gazette purporting to be published by authority shall be evidence of the status and rank of the officers and Assistant Commanders therein mentioned, and of any appointment held by them and of the group, unit or branch of the Security Guard to which they belong. (3) Where a record is made in any unit book in pursuance of this Act or of any rules or otherwise in the discharge of official duties, and purports to be signed by the Commander 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 unit 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 Security Guard, or has been apprehended by such officer or person, a certificate purporting to be signed by such officer, or by the Commander 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 evidence of the matters so stated. (6) Where any person subject to this Act is being tried on a charge of desertion or of absence without leave and such person has surrendered himself into the custody of, or has been apprehended by, a police officer not below the rank of an officer in charge of a police station, a certificate purporting to be signed by such police officer and stating the fact, date and place of such surrender or apprehension and the manner in which he was dressed shall be evidence of the matters so stated. (7) (a) Any document purporting to be a report under the hand of a Government scientific expert to whom this sub-section applies, upon any matter or thing duly submitted to him for examination or analysis and report in the course of any proceeding under this Act, may be used as evidence in any inquiry, trial or other proceeding under this Act. (b) The Security Guard Court may, if it thinks fit, summon and examine any such expert as to the subject matter of his report. (c) Where any such expert is summoned by a Security Guard Court and he is unable to attend personally, he may, unless the Court has expressly directed him to appear personally depute any responsible person working with him to attend the Court if such officer is conversant with the facts of the case and can satisfactorily depose in the Court on his behalf. (d) This sub-section applies to the Government scientific experts, for the time being specified in sub-section (4) of section 293 of the Code of Criminal Procedure, 1973 (2 of 1974). (1) Whenever, in the course of a trial by a Security Guard Court, it appears
to the Court that the person charged is by reason of unsoundness of mind incapable of making his
defence, or that he committed the act alleged but was by reason of unsoundness of mind incapable of
knowing the nature of the Act or knowing that it was wrong or contrary to Law, the Court shall record a
finding accordingly.
(2) The presiding officer of the Court, or, in the case of a Summary Security Guard Court, the officer holding the trial, shall forthwith report the case to the confirming officer, or to the authority empowered to deal with its finding under section 111, as the case may be. (3) The confirming officer to whom the case is reported under sub-section (2) may, if he does not confirm the finding, take steps to have the accused person tried by the same or another Security Guard Court for the offence with which he was charged. (4) The authority to whom the finding of a Summary Security Guard Court is reported under sub-section (2), and a confirming officer confirming the finding in any case so reported to him shall order the accused person to be kept in custody in the prescribed manner and shall report the case for the orders of the Central Government. (5) On receipt of a report under sub-section (4), the Central Government may order the accused person to be detained in a lunatic asylum or other suitable place of safe custody. Where any accused person, having been found
by reason of unsoundness of mind to be incapable of making his defence, is in custody or under detention
under section 96, any officer prescribed in this behalf, may—
(a) if such person is in custody under sub-section (4) of section 96, on the report of a medical officer that he is capable of making his defence, or (b) if such person is detained in a jail under sub-section (5) of section 96, on a certificate of the Inspector-General of Prisons, and if such person is detained in a lunatic asylum under the said sub-section, on a certificate of any two or more of the visitors of such asylum and if he is detained in any other place under that sub-section, on a certificate of the prescribed authority, that he is capable of making his defence, take steps to have such person tried by the same or another Security Guard Court for the offence with which he was originally charged or, if the offence is a civil offence, by a Criminal Court. (1) After the
conclusion of a trial before any Security Guard Court, the Court or the officer confirming the finding or
sentence of such Security Guard Court, or any authority superior to such officer, or in the case of a
Summary Security Guard Court whose finding or sentence does not require confirmation, an officer not
below the rank of a Deputy Inspector-General within whose command the trial was held, may make such
order as it or he thinks fit for the disposal by destruction, confiscation, delivery to any person claiming to
be entitled to possession thereof, or otherwise, of any property or document produced before the Court or
in its custody, or regarding which any offence appears to have been committed or which has been used for
the commission of any offence.
(2) Where any order has been made under sub-section (1) in respect of property regarding which an offence appears to have been committed, a copy of such order signed and certified by the authority making the same may, whether the trial was held within India or not, be sent to a Magistrate within whose jurisdiction such property for the time being is situated, and such Magistrate shall thereupon cause the order to be carried into effect as if it were an order passed by him under the provisions of the Code of Criminal Procedure, 1973 (2 of 1974). (3) In this section, the term "property" includes in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any person, but also any property into or for which the same may have been converted or exchanged and anything acquired by such conversion or exchange whether immediately or otherwise. (1) Any finding or sentence of a Security Guard Court which
requires confirmation may be once revised by the order of the confirming authority and on such revision,
the Court, if so directed by the confirming authority, may take additional evidence.
(2) The Court, on revision, shall consist of the same officers as were present when the original decision was passed, unless any of those officers are unavoidably absent. (3) In case of such unavoidable absence the cause thereof shall be duly certified in the proceedings, and the Court shall proceed with the revision, provided that, if a General Security Guard Court, it still consists of five officers, or, if a Petty Security Guard Court, of three officers. (1) Where a finding of guilty by a Security
Guard Court, which has been confirmed or which does not require confirmation, is found for any reason
to be invalid or cannot be supported by the evidence, the authority which would have had power under
section 124 to commute the punishment awarded by the sentence, if the finding had been valid, may
substitute a new finding and pass a sentence for the offence specified or involved in such finding:
Provided that no such substitution shall be made unless such findings could have been validly made by the Security Guard Court on the charge and unless it appears that the Security Guard Court must have been satisfied of the facts establishing the said offence. (2) Where a sentence passed by a Security Guard Court which has been confirmed, or which does not require confirmation, not being a sentence passed in pursuance of a new finding substituted under sub-section (1), is found for any reason to be invalid, the authority referred to in sub-section (1) may pass a valid sentence. (3) The punishment awarded by a sentence passed under sub-section (1) or sub-section (2) shall not be higher in the scale of punishments than, or in excess of, the punishment awarded by, the sentence for which a new sentence is substituted under this section. (4) Any finding substituted, or any sentence passed under this section shall, for the purposes of this Act and the rules, have effect as if it were a finding or sentence, as the case may be, of a Security Guard Court. (1) In any suit or proceeding against
any member of the Security Guard for any act done by him in pursuance of a warrant or order of a
competent authority, it shall be lawful for him to plead that such act was done by him under the authority
of such warrant or order.
(2) Any such plea may be proved by the production of the warrant or order directing the act, and if it is so proved the member of the Security Guard shall thereupon be discharged from liability in respect of the act so done by him, notwithstanding any defect in the jurisdiction of the authority which issued such warrant or order. (3) Notwithstanding anything contained in any other law for the time being in force, any legal proceeding (whether civil or criminal) which may lawfully be brought against any member of the Security Guard for anything done or intended to be done under the powers conferred by, or in pursuance of, any provision of this Act or the rules, shall be commenced within three months after the act complained of was committed and not otherwise, and notice in writing of such proceeding and of the cause thereof shall be given to the defendant or his superior officer at least one month before the commencement of such proceeding. |
