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Section 87 of The Sashastra Seema Bal Act, 2007 in hindi

(1)When any person, subject to this Act has been acquitted or convicted of an offence by a Force Court or by a criminal court or has been dealt with under section 56 or section 58, he shall not be liable to be tried again for the same offence by a Force 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 a Force Court or has been dealt with under section 56 or section 58, he shall not be liable to be tried again by a criminal court for the same offence or on the same facts.

Summary

This section protects members from double jeopardy, which is being tried or punished twice for the same crime.
It states that if a person has been acquitted or convicted by a Force Court, an ordinary criminal court, or has received minor punishments under Sections 56 or 58, they cannot be tried again by a Force Court for that same offence.
It also guarantees that if a person is acquitted, convicted, or punished under the minor punishment sections by a Force Court, they cannot be tried for that same offence or on the same facts by a regular criminal court.

Practical examples

1On November 2, 2026, Constable Rohit Verma is tried by a Summary Force Court for being absent without leave. The court acquits him of the charge. Later that month, his commanding officer attempts to put Rohit on trial again for the exact same absence. Under this protection, Rohit cannot be tried again.

2Under-officer Anil Sharma is convicted of a minor offence on December 1, 2026, and is punished by his commanding officer with a fine under Section 56 of the law. A local criminal court later attempts to prosecute him for the same act. Anil is protected because he has already been dealt with under Section 56.

FAQ

1. Can a civilian criminal court try someone who was already acquitted by a Force Court under Section 87 of The Sashastra Seema Bal Act, 2007?

No, under Section 87 of The Sashastra Seema Bal Act, 2007, once a person has been acquitted or convicted by a Force Court, they cannot be tried again by a criminal court for the same offence or on the same facts.

2. Does a minor punishment given by a commanding officer prevent a second trial under Section 87 of The Sashastra Seema Bal Act, 2007?

Yes, under Section 87 of The Sashastra Seema Bal Act, 2007, if a person has been dealt with under the minor punishment sections, which are Section 56 or Section 58, they cannot be tried again by a Force Court or a criminal court for that same offence.

3. What is the main legal protection offered under Section 87 of The Sashastra Seema Bal Act, 2007?

The main legal protection under Section 87 of The Sashastra Seema Bal Act, 2007 is the prohibition of a second trial, ensuring that no person is tried twice for the same offence.

Test yourself

Q1.Under Section 87 of The Sashastra Seema Bal Act, 2007, if an individual has been acquitted of an offence by a regular criminal court, can they be tried again for the same offence by a Force Court?

Q2.Under Section 87 of The Sashastra Seema Bal Act, 2007, what happens if a member is punished under Section 56 or Section 58?

Q3.If a person is convicted by a Petty Force Court under Section 85 of The Sashastra Seema Bal Act, 2007, can a regular criminal court later try them for the same offence under Section 87?

Q4.Under Section 87 of The Sashastra Seema Bal Act, 2007, what is prohibited for a person who has been acquitted by a Force Court?

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