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State of Arunachal Pradesh - Section

Section 22 in Arunachal Armed Police Act, 1993

22. Armed Police courts.

(1)Notwithstanding anything contained in the Criminal Procedure Code, 1973, there shall be the following classes of Armed Police Courts, namely :-
(i)General Armed Police Court :
(ii)Battalion Armed Police Court.
(2)For the purpose of the Act, a General Armed Police Court or a Battalion Armed Police Court may be convened by me State Government or the Inspector General of Police.
(3)
(i)Every General Armed Police Court shall be presided over by three members to be appointed by the State Government or the Inspector General of Police.
(ii)An officer not below the rank of a Superintendent of Police or Commandant who has completed at least seven years service in the same, equivalent or higher rank, shall be the presiding judge of a General Armed Police Court.
(iii)Two officers of the rank of a superintendent of Police or a Commandant of the Armed Police or an Additional Superintendent of Police or a Deputy commandant who have completed at least three years service in the same or equivalent rank shall be the member judges of a General Armed Police Court.
(4)
(i)Every Battalion Armed Police Court shall be presided over by three members to be appointed by the State Government of the Inspector General of Police.
(ii)An officer not below the rank of a Superintendent or Police or a Commandant of the Armed Police shall be the presiding judge of a Battalion Armed Police Court.
(iii)Two officers not below the rank of an assistant commandant of the Armed Police shall be the member judge of a Battalion Armed Police Court.
(5)The decision of the majority members shall be the decision of armed Police court in respect of every order or judgement to be passed by such court.
(6)Subject to the other provision of this Act -
(a)any offence under section 10 or 12 of this Act shall be tried by General Armed Police Court;
(b)any offence under section 10 or 12 of this Act shall be tried by a Battalion Armed Police Court.
Provided that a General Armed Police Court or a Battalion Armed Police Court shall not try an offence committed by a member of the Armed Police against the person or property of a person who is not subject to this Act.
(7)A General Armed Police Court or a Battalion Armed Police Court may pass such sentence as is authorised by this Act.