CONFIRMATION AND REVISIONCentral

Section 112 of The Border Security Force Act, 1968

When any person subject to this Act is tried and sentenced by a Security Force Court while on board a ship, the finding and sentence so far as not confirmed and executed on board the ship, may be confirmed and executed in like manner as if such person had been tried at the port of disembarkation.

Summary

This section covers how sentences and findings are handled when a trial happens on a ship.
If a person is tried and sentenced while at sea, the findings still need to be confirmed.
Any part of the finding or sentence that was not confirmed or carried out while on the ship can be handled later.
These can be confirmed and executed at the port where the person gets off the ship, known as the port of disembarkation.
The law treats the situation as if the trial had actually taken place at that port.

Practical examples

1In 1990, a soldier is tried for an offence while on a transport ship heading to a remote coastal area. The trial ends two days before reaching the port. Since the senior commander is waiting at the port, the confirmation of the sentence is signed once the ship docks.

2A Petty Court on a ship sentences a member to three months of imprisonment in 1992. Because there are no jail facilities on the ship, the sentence is confirmed and the soldier is sent to a civil prison immediately after landing at the destination port.

FAQ

1. What happens if a sentence is not confirmed while still on a ship under Section 112 of the Border Security Force Act, 1968?

Under Section 112 of the Border Security Force Act, 1968, it can be confirmed and carried out at the port where the person leaves the ship.

2. Does a trial on a ship count as a real trial in the Border Security Force Act, 1968?

Yes, Section 112 of the Border Security Force Act, 1968, explains that it is treated as if the person had been tried at the port of disembarkation.

3. Where is the "port of disembarkation" mentioned in Section 112 of the Border Security Force Act, 1968?

It is the port where the person subject to the Act gets off the ship after their trial.

Test yourself

Q1.According to Section 112 of the Border Security Force Act, 1968, where can a sentence from a ship trial be confirmed if it wasn't confirmed on board?

Q2.How does Section 112 of the Border Security Force Act, 1968, legally view a trial that happened on a ship?

Q3.Under Section 112 of the Border Security Force Act, 1968, what can be executed at the port of disembarkation?

Q4.Does Section 112 of the Border Security Force Act, 1968, apply if the sentence was already fully confirmed and executed while still at sea?

111PreviousSection 111 Power of confirming authority to mitigate, remit or commute sentences.113NextSection 113 Revision of finding of sentence.

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