Section 46   [ View Judgements ]

CIVIL OFFENCES


Subject to the provisions of section 47-, 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 Force 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 effective control over the persons subject to the p Clauses 46 and 47.-In order that the authorities of the Force may have proposed legislation, clause 46 (now section 46) seeks to make it an offence there under for such person to commit a civil offence that is to say an offence triable by Courts of ordinary criminal justice, but civil offences of murder, culpable homicide not amounting to murder and rape committed by a person subject to the proposed legislation against a person not to subject are not triable under the proposed legislation except under certain circumstances. These clauses which are modelled on sections 69-andS.70 of the Army Act, 1950-, have to be read with clauses 75,80 and 81 (Ss. 75, 80 and 81). -S.O.R. Gaz. of Ind., 9-5-1968, Pi. U.S. 2, Ext., p. 680.

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