ARREST AND PROCEEDINGS BEFORE TRIALCentral

Section 60 of The National Security Guard Act, 1986 in hindi

(1)When any person subject to this Act has been absent from duty without due authority for a period of thirty days, a Court of inquiry shall, as soon as practicable, be appointed by an officer not below the rank of a Group Commander under whose command he is for the time being serving and such Court shall, on oath or affirmation administered in the prescribed manner, inquire respecting the absence of the person, and the deficiency, if any, in the property of the Government entrusted to his care, or in any arms, ammunition, equipment, instruments, clothing or necessaries; and if satisfied of the fact of such absence without due authority or other sufficient cause, the Court shall declare such absence and the period thereof and the said deficiency, if any, and transmit the proceedings of the Court of inquiry to the officer who appointed the court of inquiry, for further action.
(2)If the person declared absent does not afterwards surrender or is not apprehended, he shall, for the purposes of this Act, be deemed to be a deserter.

Summary

The inquiry must be appointed by an officer with the rank of Group Commander or higher.
The inquiry board must take evidence on oath or affirmation.
They check for the absence and any missing government property like weapons or gear.
If the board is satisfied the person is gone without cause, they make a formal declaration.
A person who is declared absent and does not return is legally considered a deserter.

Practical examples

1Ranger Vijay has been missing from his unit since May 1, 2024. On May 31, a Group Commander sets up a court of inquiry to investigate his absence.

2The inquiry into a missing member finds that a bulletproof vest is also gone. They record this loss and declare him absent, which later makes him a deserter.

FAQ

1. Who can appoint a Court of inquiry under Section 60 of the NSG Act?

According to Section 60 of the NSG Act, the appointing officer must be at least the rank of a Group Commander.

2. What happens if a person declared absent under Section 60 of the National Security Guard Act does not return?

Under Section 60 of the National Security Guard Act, if they do not surrender or get caught, they are deemed to be a deserter.

Test yourself

Q1.What is the minimum rank required to appoint a Court of inquiry under Section 60 of the National Security Guard Act, 1986?

Q2.Besides the absence itself, what else must the Court of inquiry check under Section 60 of the National Security Guard Act, 1986?

Q3.Under Section 60 of the National Security Guard Act, 1986, what is the legal result of a formal declaration of absence if the person does not surrender?

Q4.Under Section 60 of the National Security Guard Act, 1986, how is the evidence taken during the inquiry?

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