SECURITY FORCE COURT MARTIAL COURT MARTIAL IN BSF

• FastrackGovind
• Armed forces tribunal, CAPF
• January 18, 2024

SECURITY FORCE COURT MARTIAL

Introduction

The security force court is the martial court deal with the matter relating to the offences committed by the members of the armed forces and decide the offence and the extent of punishment awarded to the offender.

Mentioned under chapter VI, section 64 – section 81 and procedure under section 82-section 106 of the BSF Act 1968 and Rules.

It explains three types of the security forces courts

1. General security forces courts
2. Petty security forces courts
3. Summary security forces courts

The presiding member of the general and the petty security forces court is the senior member

General security force court

They are convened by the central government or the director general or any officer empowered. It consists of 5 officers who have held the post of the deputy superintendent of police. The general security force officer should be attended by the law officer and if the law officer not available then the officer approved by the chief law officer .

After the commencement of the trial the security force court is reduced to minimum number of officers required .

Dissolution of the security force court

The security force court should be dissolved when it is impossible to continue with the trial on the verge of illness of the law officer or the accused and the officer can also dissolve if he/she finds it difficult/inexpedient to continue.
After the dissolution the accused can be tried again.

    Power

The security force courts officer can try any person subject to the act ie. Falling within the perview of the BSF Act , and can award any punishment.

Petty security force court

The petty security forces court is convened by the general security force court or by the officer on his behalf. He should be attended by the law officer if not than by the officer approved by the chief law officer.

    Power

The petty security force court can try any person falling under the purview of the act except the officer made punishable thereunder and the sentence of a death or imprisonment term exceeding two years.

Summary security force court

         Power

1. The summary security forces court can try the cases of no grave respond for immediate action and cannot try the offences punishable under sections 14, 17 and 26.
2. They can try any person under the command of the officer holding the court.
3. They cannot pass a death sentence or imprisonment exceeding 1 year (officer holding the post of superintendent of police or a post declared by the central government).
4. Cannot try any person who has been already convicted under sections 53 and 55 of the BSF Act.
5. If the person accused is not an officer and has been served continuously in an exemplary manner for not less than 3 years, no trial shall be conducted.
6. If any officer or the member has ceased to be the subject to the act ie have stopped falling under the purview of the act be kept in the force custody and shall be tried as if he comes under the verge of the act.
7. A person sentenced to imprisonment will be tried according to this act till the sentence although dismissed from the force.
8. Being the fact that the jurisdiction is under the summary force court it will be in the discretion if the director general or the inspector general or the deputy inspector general within whom the accused serving, they will decide in which court the proceeding shall be instituted.
9. When the criminal court is of the opinion that the proceeding should go under it, it will decide under section 80 either to deliver the offender to the nearest magistrate to proceed or to postpone proceeding.

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Procedure

1. Before proceeding with the case, the name of the proceeding officer should be read over to accused if the accused objected, it should be heard and recorded, the remaining office will decide the matter if the objection allowed by one and half or more of the votes of officers.
2. Oath and affirmation to every member of summary security force court and law officer before trial began, every person before giving evidence should be examined.

Every decision of security force court to be passed by absolute majority of votes or equality of votes.

• Death sentence by the general security force court by at least two third member of court majority.
• Indian Evidence Acts 1872 shall apply to all proceeding judicial notice of any matters can be taken.
• The officers approved as convening offices, the presiding officer under section 83 shall attend at a time and place to the summon y=to give evidence or to produce document. For other witnesses the jurisdiction magistrate should send a summon, also the summon should specify the required submission of any document or the other thing.
• If the custody under the district magistrate, thief presiding magistrate, high court, or the court of session may require the portal or telegraph authorities to deliver such document to such person as such magistrate.
• When the witnesses reside in the tribal areas as outside India, the commission may be issued according to the chapter XI of CrPC.

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