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State of Jammu-Kashmir - Section

Section 104 in Jammu and Kashmir Forest (Protection) Force Rules, 2012

104. Force custody.

(1)Where a Deputy Director is of opinion that any member of the Force has committed an offence and should be tried by the Judicial Magistrate, it shall be lawful for him, with the prior approval of the Joint Director, to order the member of the Force to be taken into Force custody, and kept either in close arrest or open arrest as he may deem fit from time to time depending on the gravity of the charge and the attending circumstances:Provided that no member of the Force shall be detained in Force custody for a period of more than eight days without a report being sent to Judicial Magistrate or without a punishment having been awarded to him under section 7 of the Act:Provided further that where further detention is considered essential, such officer shall seek written approval of the Joint Director, who may sanction further detention for a specific period, which he may extend from time to time by not more than eight days subject to a total period of detention for two months.
(2)In each unit, there shall be one or more places of confinement, as may be considered necessary by the Joint Director, where arrested members of the Force shall be confined under this Act. Such places shall be under the supervision of the Deputy Director of the unit, who shall be responsible for their upkeep.
(3)If any member of the Force in Force custody escapes or is rescued, the member of the Force from whose custody he escaped or was rescued should report the escape or rescue to his officer In-charge and may immediately pursue and arrest such enrolled member in any place in India.