ITBPF Act 16Chapter III · Offences
Section 16 · Offences in relation to the enemy or terrorist and punishable with death
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Any person
subject to this Act who commits any of the following offences, that is to say,—
(a) shamefully abandons or delivers up any post, place or guard, committed to his charge or which it is his duty to defend; or
(b) intentionally uses any means to compel or induce any person subject to this Act or to any other law relating to military, naval, air force or any other armed force of the Union to abstain from acting against the enemy or to discourage such person from acting against the enemy; or
(c) in the presence of the enemy or terrorist, shamefully casts away his arms, ammunition, tools or equipment or misbehaves in such manner as to show cowardice; or
(d) treacherously holds correspondence with, or communicates intelligence to, the enemy, terrorist or any person in arms against the Union; or
(e) directly or indirectly assists the enemy or terrorist with money, arms ammunition, stores or supplies or in any other manner whatsoever; or
(f) in time of active operation against the enemy or terrorist, intentionally occasions a false alarm in action, camp, quarters or spreads or causes to be spread reports calculated to create alarm or despondency; or
(g) in time of action leaves his commanding officer or other superior officer or his post, guard, picket, patrol or party without being regularly relieved or without leave; or
(h) having been captured by the enemy or made a prisoner of war, voluntarily serves with or aids the enemy; or
(i) knowingly harbours or protects an enemy, not being a prisoner; or
(j) being a sentry in time of active operation against the enemy or alarm, sleeps upon his post or is intoxicated; or
(k) knowingly does any act calculated to imperil the success of the Force or the military, naval or air force of India or any forces co-operating therewith or any part of such forces,
shall, on conviction by a Force Court, be liable to suffer death or such less punishment as is in this Act mentioned.
(a) shamefully abandons or delivers up any post, place or guard, committed to his charge or which it is his duty to defend; or
(b) intentionally uses any means to compel or induce any person subject to this Act or to any other law relating to military, naval, air force or any other armed force of the Union to abstain from acting against the enemy or to discourage such person from acting against the enemy; or
(c) in the presence of the enemy or terrorist, shamefully casts away his arms, ammunition, tools or equipment or misbehaves in such manner as to show cowardice; or
(d) treacherously holds correspondence with, or communicates intelligence to, the enemy, terrorist or any person in arms against the Union; or
(e) directly or indirectly assists the enemy or terrorist with money, arms ammunition, stores or supplies or in any other manner whatsoever; or
(f) in time of active operation against the enemy or terrorist, intentionally occasions a false alarm in action, camp, quarters or spreads or causes to be spread reports calculated to create alarm or despondency; or
(g) in time of action leaves his commanding officer or other superior officer or his post, guard, picket, patrol or party without being regularly relieved or without leave; or
(h) having been captured by the enemy or made a prisoner of war, voluntarily serves with or aids the enemy; or
(i) knowingly harbours or protects an enemy, not being a prisoner; or
(j) being a sentry in time of active operation against the enemy or alarm, sleeps upon his post or is intoxicated; or
(k) knowingly does any act calculated to imperil the success of the Force or the military, naval or air force of India or any forces co-operating therewith or any part of such forces,
shall, on conviction by a Force Court, be liable to suffer death or such less punishment as is in this Act mentioned.
The offence at a glance
- Triable by
- Court-martial (the Force's own court)
Under this Act's own provision
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