86. Kinds of Assam Rifles Courts.—For the purposes of this Act there shall be three kinds of Assam
Rifles Courts, that is to say,—
(a) General Assam Rifles Courts;
(b) Petty Assam Rifles Courts; and
(c) Summary Assam Rifles Courts.
87. Power to convene a General Assam Rifles Court.—A General Assam Rifles Court may be
convened by the Central Government or the Director-General or by any officer empowered in this behalf
by warrant of the Director-General.
88. Power to convene a Petty Assam Rifles Court.—A Petty Assam Rifles Court may be convened
by an officer having power to convene a General Assam Rifles Court or by an officer empowered in this
behalf by warrant of any such officer.
89. Contents of warrants issued under sections 87 and 88.—A warrant issued under section 87 or
section 88 may contain such restrictions, reservations or conditions as the officer issuing it may think fit.
90. Composition of General Assam Rifles Court.—A General Assam Rifles Court shall consist of
not less than five officers, each of whom has held the post of Assistant Commandant for not less than
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three whole years and of whom not less than four are of a rank not below that of confirmed Assistant
Commandant.
Explanation.—For the purpose of this section and section 91, “Assistant Commandant” includes any
post of a higher rank and any post declared by the Central Government, by notification, to be an
equivalent post as also any post higher in rank than the post so declared.
91. Composition of a Petty Assam Rifles Court.—A Petty Assam Rifles Court shall consist of not
less than three officers each of whom has held the post of Assistant Commandant for not less than two
whole years.
92. Summary Assam Rifles Court.—(1) A Summary Assam Rifles Court may be held by the
Commandant of any unit of the Force and he alone shall constitute the Court.
(2) The proceeding shall be attended throughout by two other persons who shall be officers or
subordinate officers or one of either, and who shall not as such, be sworn or affirmed.
93. Dissolution of an Assam Rifles Court.—(1) If an Assam Rifles Court after the commencement
of a trial is reduced below the minimum number of officers required by this Act, it shall be dissolved.
(2) If, on account of the illness of the Law Officer or of the accused before the finding, it is
impossible to continue the trial, an Assam Rifles Court shall be dissolved.
(3) The officer who convened an Assam Rifles Court may dissolve the same if it appears to him that
the exigencies of the service or necessities of discipline render it imposible or inexpedient to continue the
said Assam Rifles Court.
(4) Where an Assam Rifles Court is dissolved under this section, the accused may be tried again.
94. Power of General Assam Rifles Court.—A General Assam Rifles Court shall have the power to
try any person subject to this Act for any offence punishable thereunder and to pass any sentence
authorised thereby.
95. Power of a Petty Assam Rifles Court.—A Petty Assam Rifles Court shall have power to try any
person subject to this Act other than an officer or a subordinate officer for any offence made punishable
thereunder and to pass any sentence authorised by this Act other than a sentence of death or imprisonment
for a term exceeding two years.
96. Power of a Summary Assam Rifles Court.—(1) Subject to the provisions of sub-section (2), a
Summary Assam Rifles Court may try any offence punishable under this Act.
(2) When there is no grave reason for immediate action and reference can, without detriment to
discipline, be made to the officer empowered to convene a Petty Assam Rifles Court for the trial of the
alleged offender, an officer holding a Summary Assam Rifles Court shall not try without such reference
any offence punishable under any of the sections 21, 24 and 55, or any offence against the officer holding
the Court.
(3) A Summary Assam Rifles Court may try any person subject to this Act and under the command of
the officer holding the Court, except an officer or a subordinate officer.
(4) A Summary Assam Rifles Court may pass any sentence which may be passed under this Act
except the sentence of death or if imprisonment for a term exceeding the limit specified in sub-section (5).
(5) The limit referred to in sub-section (4) shall be—
(a) one year, if the officer holding the Assam Rifles Court has held either the post of
Commandant or a post declared by the Central Government, by notification, to be equivalent thereto
for a period of not less than three years or holds a post of higher rank than either of the said posts; and
(b) three months, in any other case.
97. Prohibition of second trial.—(1) When any person subject to this Act has been acquitted or
convicted of an offence by an Assam Rifles Court or by a criminal court or has been dealt with under
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section 62 or section 64 or section 65 or section 66, he shall not be liable to be tried again for the same
offence by an Assam Rifles Court or dealt with under the said sections.
(2) When any person, subject to this Act has been acquitted or convicted of an offence by an Assam
Rifles Court or has been dealt with under section 62 or section 64 or section 65 or section 66, he shall not
be liable to be tried again by a criminal court for the same offence or on the same facts.
98. Period of limitation for trial.—(1) Except as provided by sub-section (2), no trial by an Assam
Rifles Court of any person subject to this Act for any offence shall be commenced after the expiration of a
period of three years and such period shall commence—
(a) on the date of the offence; or
(b) where the commission of the offence was not known to the person aggrieved by the offence or
to the authority competent to initiate action, from the first day on which such offence comes to the
knowledge of such person or authority, whichever is earlier; or
(c) where it is not known by whom the offence was committed, from the first day on which the
identity of the offender is known to the person aggrieved by the offence or to the authority competent
to initiate action, whichever is earlier:
Provided that in computing any period under this section, the period during which the proceedings of
investigation has been stayed by any court in such offence by injunction or order, the period of the
continuance of the injunction or order, the day on which it was issued or made; and the day on which it
was withdrawn, shall be excluded.
(2) The provisions of sub-section (1) shall not apply to a trial for an offence of desertion or for any of
the offences mentioned in section 24 or an offence under section 30.
(3) In computation of the period of three years under sub-section (1), any time spent by such person in
evading arrest after the commission of the offence, shall be excluded.
99. Trial, etc., of offender who ceases to be subject to this Act.—(1) Where an offence under this
Act had been committed by any person while subject to this Act and he had ceased to be so subject, he
may be taken into and kept in Force custody and tried and punished for such offence as if he continued to
be so subject.
(2) No such person shall be tried for an offence, unless his trial commences within a period of three
years after he had ceased to be subject to this Act; and in computing such period, the time during which
such person has avoided arrest by absconding or concealing himself or where the institution of the
proceeding in respect of the offence has been stayed by an injunction or order, the period of the
continuance of the injunction or order, the day on which it was issued or made, and the day on which it
was withdrawn, shall be excluded:
Provided that nothing contained in this sub-section shall apply to the trial of any such person for an
offence of desertion or for any of the offences mentioned in section 24 or shall affect the jurisdiction of a
criminal court to try an offence triable by such court as well as by an Assam Rifles Court.
100. Application of this Act during term of sentence.—(1) When a person subject to this Act is
sentenced by an Assam Rifles Court to imprisonment, this Act shall apply to him during the term of his
sentence, though he is dismissed from the Force or has otherwise ceased to be subject to this Act, and he
may be kept, removed, imprisoned and punished as if he continued to be subject to this Act.
(2) When a person subject to this Act is sentenced by an Assam Rifles Court to death, this Act shall
apply to him till the sentence is carried out.
101. Place of trial.—Any person subject to this Act who commits any offence against it may be tried
and punished for such offence in any place whatever.
102. Choice between criminal court and Assam Rifles Court.—When a criminal court and an
Assam Rifles Court each have jurisdiction in respect of an offence, it shall be in the discretion of the
Director-General, or the Inspector General or the Deputy Inspector-General within whose command the
accused person is serving or such other officer as may be prescribed, to decide before which court
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proceedings shall be instituted, and, if that officer, decides that they shall be instituted before an Assam
Rifles Court, to direct that the accused person shall be detained in Force custody.
103. Power of criminal court to require delivery of offender.—(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 102 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.