Section 93
Conviction of offence not charged.
The Border Security Force Act, 1968
About this Act
An Act to provide for the constitution and regulation of an Armed Force of the Union for ensuring the security of the borders of India and for matters connected therewith.
(1) A person charged before a Security Force Court with
desertion may be found guilty of attempting to desert or of being absent without leave.
(2) A person charged before a Security Force Court with attempting to desert may be found guilty of being absent without leave.
(3) A person charged before a Security Force Court with using criminal force may be found guilty of assault.
(4) A person charged before a Security Force Court with using threatening language may be found guilty of using insubordinate language.
(5) A person charged before a Security Force Court with any one of the offences specified in clauses (a), (b), (c) and (d) of section 30 may be found guilty of any other of these offences with which he might have been charged.
(6) A person charged before a Security Force Court with an offence punishable under section 46 may be found guilty of any other offence of which he might have been found guilty, if the provisions of the Code of Criminal Procedure, 1898 (5 of 1898), were applicable.
(7) A person charged before a Security Force Court with any offence under this Act may, on failure of proof of an offence having been committed in circumstances involving a more severe punishment, be found guilty of the same offence as having been committed in circumstances involving a less severe punishment.
(8) A person charged before Security Force Court with any offence under this Act may be found guilty of having attempted or abetted the commission of that offence, although the attempt or abetment is not separately charged.
(2) A person charged before a Security Force Court with attempting to desert may be found guilty of being absent without leave.
(3) A person charged before a Security Force Court with using criminal force may be found guilty of assault.
(4) A person charged before a Security Force Court with using threatening language may be found guilty of using insubordinate language.
(5) A person charged before a Security Force Court with any one of the offences specified in clauses (a), (b), (c) and (d) of section 30 may be found guilty of any other of these offences with which he might have been charged.
(6) A person charged before a Security Force Court with an offence punishable under section 46 may be found guilty of any other offence of which he might have been found guilty, if the provisions of the Code of Criminal Procedure, 1898 (5 of 1898), were applicable.
(7) A person charged before a Security Force Court with any offence under this Act may, on failure of proof of an offence having been committed in circumstances involving a more severe punishment, be found guilty of the same offence as having been committed in circumstances involving a less severe punishment.
(8) A person charged before Security Force Court with any offence under this Act may be found guilty of having attempted or abetted the commission of that offence, although the attempt or abetment is not separately charged.