57. Custody of offenders.—(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.
58. Duty of Commandant in regard to detention.—(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 the
reasons therefore, 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 a Security Force 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 the Act, 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.
59. Interval between committal and trial.—In every case where any such person as is mentioned in
section 57 and as is not on active duty, remains in such custody for a longer period then eight days
without a Security force Court for his trial being convened, a special report giving reasons for the delay
shall be made by his Commandant in the manner prescribed, and a similar report shall be forwarded at
intervals of every eight days until a Security Force Court is convened or such person is released from
custody.
60. Arrest by civil authorities.—Whenever any person subject to this Act, who is accused of an
offence under this Act, is within the jurisdiction of any magistrate or police officer, such magistrate or
police officer shall aid in the apprehension and delivery to Force custody of such person upon receipt of a
written application to that effect signed by his Commandant or an officer authorised by the Commandant
in that behalf.
61. Capture of deserters.—(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 the 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.
62. Inquiry into absence without leave.—(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 such authority and in such manner as may be prescribed; and such court shall, on oath or
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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 a deserter.
63. Force police officers.—(1) The Director-General or any prescribed officer may appoint persons
(in this Act referred to as Force police) for discharging the functions specified in sub-sections (2) and (3).
(2) The duties of a person appointed under sub-section (1), are to take charge of persons confined for
any offence, to preserve good order and discipline and to prevent breaches of the same by persons serving
in, or attached to, the Force.
(3) Notwithstanding anything contained in section 57, a person appointed under sub-section (1) may,
at any time, arrest and detain for trial any person subject to this Act who commits, or is charged with, an
offence, and may also carry into effect any punishment to be inflicted in pursuance of a sentence awarded
by a Security Force Court or by an officer exercising authority under section 53 but shall not inflict any
punishment on his own authority:
Provided that no officer shall be so arrested or detained otherwise than on the order of another officer.