Section 92 in The Sashastra Seema Bal Act, 2007

Title: Choice between criminal court and Force Court

Description: When a criminal court and a Force Court have each jurisdiction in respect of an offence, it shall be in the discretion of the Director-General, Additional Director-General or the Inspector-General or the Deputy Inspector-General or the Additional 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 Force Court, then he may direct that the accused person shall be detained in Force custody.

Title: Power of criminal court to require delivery of offender

Description: (1) When a criminal court having jurisdiction is of opinion that proceedings shall be instituted before itself in respect of any alleged offence, it may, by written notice, require the officer referred to in section 92 at his option, either to deliver over the offender to the nearest magistrate to be proceeded against according to law, or to postpone proceedings, pending a reference to the Central Government. (2) In every such case the said officer shall either deliver over the offender in compliance with the requisition, or shall forthwith refer the question as to the court before which the proceedings are to be instituted, for the determination of the Central Government whose order upon such reference shall be final.

Title: Presiding officer

Description: At every General Force Court or Petty Force Court, the senior member shall be the presiding officer.

Title: Judge Attorneys

Description: (1) Every General Force Court shall, and every Petty Force Court may be attended by a Judge Attorney or a Deputy Judge Attorney-General or an Additional Judge AttorneyGeneral, or, if no such officer is available, an officer approved by the Judge Attorney- General or by any officer authorised in this behalf by the Judge Attorney-General. (2) The recruitment and conditions of service of Judge Attorney- General, Additional Judge AttorneyGeneral, Deputy Judge Attorney-General and Judge Attorney shall be such as may be prescribed.

Title: Objections

Description: (1) At all trials by a General Force Court or by a Petty Force 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 objection is made, or when an objection has been made and disallowed, or the vacancy of an officer has been filled by another officer under sub-section (3) to which no objection is made or allowed, the Court shall proceed with the trial.

CHAPTER 7 FORCE COURTS