Section 94 in The Sashastra Seema Bal Act, 2007

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.

Title: Oath of members, Judge Attorneys and witnesses

Description: (1) An oath or affirmation in the prescribed manner shall be administered to every member of the Force Court and to the Judge Attorney, or, as the case may be, the Deputy Judge Attorney-General or the Additional Judge Attorney-General or the officer approved under section 95, before the commencement of the trial. (2) Every person giving evidence before a Force Court shall be examined after being duly sworn or affirmed in the prescribed form. (3) The provisions of sub-section (2) shall not apply where the witness is a child under twelve years of age and the Force Court is of opinion that though the witness understands the duty of speaking the truth, he does not understand the nature of an oath or affirmation.

Title: Voting by members

Description: (1) Subject to the provisions of sub-sections (2) and (3), every decision of a Force Court shall be passed by an absolute majority of votes; and where there is an equality of votes on either the finding or the sentence, the decision shall be in favour of the accused. (2) No sentence of death shall be passed by a General Force Court without the concurrence of at least two-thirds of the members of the Court. (3) In matters other than an objection or the finding or sentence, the presiding officer shall have a casting vote.

CHAPTER 8 PROCEDURE OF FORCE COURTS