Section 105
Conviction for offences not charged.
The Indo-Tibetan Border Police Force Act, 1992
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.
A person charged before a Force Court—
(a) with desertion may be found guilty of attempting to desert or of being absent without leave;
(b) with attempting to desert may be found guilty of being absent without leave;
(c) with using criminal force may be found guilty of assault;
(d) with using threatening language may be found guilty of using insubordinate language;
(e) with any one of the offences specified in clauses (a), (b), (c) and (d) of section 33 may be found guilty of any other of these offences with which he might have been charged;
(f) with an offence punishable under section 49 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, 1973 (2 of 1974), were applicable;
(g) 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;
(h) 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.
(a) with desertion may be found guilty of attempting to desert or of being absent without leave;
(b) with attempting to desert may be found guilty of being absent without leave;
(c) with using criminal force may be found guilty of assault;
(d) with using threatening language may be found guilty of using insubordinate language;
(e) with any one of the offences specified in clauses (a), (b), (c) and (d) of section 33 may be found guilty of any other of these offences with which he might have been charged;
(f) with an offence punishable under section 49 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, 1973 (2 of 1974), were applicable;
(g) 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;
(h) 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.