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State of Tripura - Section

Section 16A in Tripura State Rifles Act, 1983

16A. [ Rifles Court. [Inserted by the Tripura State Rifles (Amendment) Act, 1984, w.e.f. 27.7.1984]

(1)Notwithstanding anything contained in the Criminal Procedure Code, 1973 there shall be the following classes of Rifles courts, namely :-
(i)General Rifles Court;
(ii)Battalion Rifles Court.
(2)For the purposes of the Act, a General Rifles court or a Battalion Rifles court may be convened by the State Government or the Inspector General of Police.
(3)
(i)Every General Rifles 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 Rifles Court.
(iii)Two officers of the rank of a Superintendent of Police or a Commandant of the Rifles 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 Rifles Court.
(4)
(i)Every Battalion Rifles 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 a Commandant of the Rifles shall be the presiding judge of a Battalion Rifles Court.
(iii)Two officers not below the rank of an Assistant Commandant of the Rifles shall be the member-judges of a Battalion Rifles Court.
(5)The decision of the majority members shall be the decision of a Rifles Court in respect of every order or judgement to be passed by such court.
(6)Subject to the other provisions of this Act,-
(a)any offence under section 10 of 11A of this Act shall be tried by General Rifles Court ;
(b)any offence under section 11 or 11A of this Act shall be tried by a Battalion Rifles Court : Provided that a General Rifles Court or a Battalion Rifles Court shall not try an offence committed by a member of the Rifles against the person or property of a person who is not subject to this Act.
(c)A General Rifles Court or a Battalion Rifles Court may pass such sentence as is authorised by this Act.