e Court with using criminal force may be found guilty of
assault.
(4) A person charged before a Security Force Court with using threatening language may be found
guilty of using insubordinate language.
(5) A person charged before a Security Force Court with any one of the offences specified in
clauses (a), (b), (c) and (d) of section 30 may be found guilty of any other of these offences with which he
might have been charged.
(6) A person charged before a Security Force Court with an offence punishable under section 46 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, 1898 (5 of 1898), were applicable.
24
(7) A person charged before a Security Force Court 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.
(8) A person charged before Security Force Court 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.
94. Presumption as to signatures.—In any proceeding under this Act, any application, certificate,
warrant, reply or other document purporting to be signed by an officer in the service of the Government
shall, on production, be presumed to have been duly signed by the person by whom and in the character in
which it purports to have been signed, until the contrary is shown.
95. Enrolment paper.—(1) Any enrolment paper purporting to be signed by an enrolling officer
shall, in proceedings under this Act, be evidence of the person enrolled having given the answers to
questions which he is therein represented as having given.
(2) The enrolment of such person may be proved by the production of the original or a copy of his
enrolment paper purporting to be certified to be a true copy by the officer having the custody of the
enrolment paper.
96. Presumption as to certain documents.—(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 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 evidence of the facts stated in such letter, return or other document.
(2) A Border Security Force 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 made
thereunder or otherwise in the discharge of official duties, and purports 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 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) Any document purporting to be a report under the hand of any Chemical Examiner or Assistant
Chemical Examiner to Government upon any matter or thing duly submitted to him for examination or
analysis and report, may be used as evidence in any proceeding under this Act.
97. Reference by accused to Government Officer.—(1) If at any trial for desertion or absence
without leave, overstaying leave or not rejoining when warned for service, the accused person states in his
defence any sufficient or reasonable excuse for his unauthorised absence, and refers in support thereof to
any officer in the service of the Government, or if it appears that any such officer is likely to prove or
25
disprove the said statement in the defence, the court shall address such officer and adjourn the
proceedings until his reply is received.
(2) The written reply of any officer so referred to shall, if signed by him, be received in evidence and
have the same effect as if made on oath before the court.
(3) If the court is dissolved before the receipt of such reply, or if the court omits to comply with the
provisions of this section, the convening officer may, at his discretion, annul the proceedings and order a
fresh trial.
98. Evidence of previous convictions and general character.—(1) When any person subject to this
Act has been convicted by a Security Force Court of any offence, such Security Force Court may inquire
into, and receive, and record evidence of any previous convictions of such person, either by a Security
Force Court or by a criminal court, or any previous award of punishment under section 53 or 55, and may
further inquire into and record the general character of such person and such other matters as may be
prescribed.
(2) Evidence received under this section may be either oral, or in the shape of entries in, or certified
extracts from, books of Security Force Courts or other official records; and it shall not be necessary to
give notice before trial to the person tried that evidence as to his previous convictions or character will be
received.
(3) At a Summary Security Force Court, the officer holding the trial may, if he thinks fit, record any
previous convictions against the offender, his general character, and such other matters as may be
prescribed, as of his own knowledge, instead of requiring them to be proved under the foregoing
provisions of this section.
99. Lunacy of accused.—(1) Whenever, in the course of a trial by a Security Force 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 Force 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 115, 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 Force
Court for the offence with which he was charged.
(4) The authority to whom the finding of a Summary Security Force 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.
100. Subsequent fitness of lunatic accused for trial.—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 99, any officer prescribed in this behalf, may—
(a) if such person is in custody under sub-section (4) of section 99, 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 99, 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 Force
26
Court for the offence with which he was originally charged or, if the offence is a civil offence, by a
criminal court.
101. Transmission to Central Government of orders under section 100.—A copy of every
order made by an officer under section 100 for the trial of the accused shall forthwith be sent to the
Central Government.
102. Release of lunatic accused.—Where any person is in custody under sub-section (4) of section
99 or under detention under sub-section (5) of that section,—
(a) if such person is in custody under the said sub-section (4), on the report of a medical officer,
or
(b) if such person is detained under the said sub-section (5), on a certificate from any of the
authorities mentioned in clause (b) of section 100 that in the judgment of such officer or authority
such person may be released without danger of his doing injury to himself or to any other person,
the Central Government may order that such person be released or detained in custody, or transferred to a
public lunatic asylum if he has not already been sent to such an asylum.
103. Delivery of lunatic accused to relatives.—Where any relative or friend of any person who is in
custody under sub-section (4) of section 99 or under detention under sub-section (5) of that section desires
that he should be delivered to his care and custody, the Central Government may, upon application by
such relative or friend and, on his giving security to the satisfaction of that Government that the person
delivered shall be properly taken care of, and, prevented from doing injury to himself or to any other
person, and be produced for the inspection of such officer, and at such times and places, as the Central
Government may direct, order such person to be delivered to such relative or friend.
104. Order for custody and disposal of property pending trial.—When any property regarding
which any offence appears to have been committed, or which appears to have been used for the
commission of any offence, is produced before a Security Force Court during a trial, the court may make
such order as it thinks fit for the proper custody of such property pending the conclusion of the trial, and
if the property is subject to speedy or, natural decay may, after recording such evidence as it thinks
necessary, order it to be sold or otherwise disposed of.
105. Order for disposal of property regarding which offence is committed.—(1) After the
conclusion of a trial before any Security Force Court, the court or the officer confirming the finding or
sentence of such Security Force Court, or any authority superior to such officer, or, in the case of a
Summary Security Force 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 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, 1898 (5 of 1898).
(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.
106. Powers of Security Force Court in relation to proceedings under this Act.—Any trial by a
Security Force Court under the provisions of this Act shall be deemed to be a judicial proceeding within
the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860) and the Security Force Court
27
shall be deemed to be a court within the meaning of sections 480 and 482 of the Code of Criminal
Procedure, 1898 (5 of 1898).