Which one of the following is not correct in relation to the penalty f

Which one of the following is not correct in relation to the penalty for neglect of duty prescribed in the Central Industrial Security Force Act?

[amp_mcq option1=”A member of the Force convicted of neglect of duty cannot be punished with imprisonment.” option2=”The offence of neglect of duty is cognizable and non-bailable, notwithstanding anything contained in the Code of Criminal Procedure, 1973.” option3=”The Central Government may invest the Commandant with the powers of a Magistrate for trying the offence of neglect of duty.” option4=”There is no absolute bar on an offence punishable under the Act to be tried by an ordinary criminal court.” correct=”option1″]

This question was previously asked in

UPSC CISF-AC-EXE – 2018

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Section 12 of the Central Industrial Security Force Act, 1968, prescribes the penalties for neglect of duty and other specified offences. It states that a member convicted of such an offence “shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.” Statement A says a member *cannot* be punished with imprisonment, which directly contradicts Section 12.

The CISF Act explicitly allows for imprisonment as a punishment for neglect of duty, making the statement that imprisonment cannot be awarded incorrect.

Option B is partially correct; Section 13(1) makes the offence cognizable. However, the Act does not state it is non-bailable; based on CrPC classification for offences with max 6 months imprisonment, it is generally bailable. So, the “non-bailable” part of B is incorrect, making B also an incorrect statement. However, A is a more direct contradiction of the punishment defined in the Act. Option C is correct as Section 15 allows the Central Government to invest Commandants with magisterial powers. Option D is correct as Section 16 confirms concurrent jurisdiction of ordinary criminal courts. Given the options and typical question design, A is the intended incorrect statement focusing on the defined penalty.

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