For the purpose of inquiring into any offences or trying offences specified under Section 18(1) of the Central Industrial Security Force Act, every officer holding the rank of Commandant or equivalent, shall exercise the powers of a:
Magistrate of the First Class.
Magistrate of the Second Class.
Sessions Judge.
Additional Sessions Judge.
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Answer is Right!
This question was previously asked in
UPSC CISF-AC-EXE – 2022
– Section 18(3) empowers a Commandant or any officer of higher rank to hold a trial for these offences and award punishments specified in sub-section (2).
– While conducting such summary trials, the officer holding the trial (Commandant or higher) is granted specific powers akin to those of a civil court or magistrate for procedural aspects.
– As per Rule 38 of the Central Industrial Security Force Rules, 2001 (which elaborate on the summary trial procedure under the Act), the officer holding the trial “shall have the powers of a Magistrate of the First Class for the purpose of examining witnesses, administering oaths and affirmations and requiring the production of documents”.
– However, to conduct a proper trial process (recording evidence, examining witnesses), certain judicial powers are necessary. These powers, for the limited purpose of the trial, are specified as those of a First Class Magistrate.
– Offences triable by Sessions Courts (Sessions Judge/Additional Sessions Judge) are serious criminal offences under the IPC, which are dealt with under Section 19 of the CISF Act, where members of the force are tried by ordinary criminal courts, not by the Commandant.