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?

A member of the Force convicted of neglect of duty cannot be punished with imprisonment.

The offence of neglect of duty is cognizable and non-bailable, notwithstanding anything contained in the Code of Criminal Procedure, 1973.

The Central Government may invest the Commandant with the powers of a Magistrate for trying the offence of neglect of duty.

There is no absolute bar on an offence punishable under the Act to be tried by an ordinary criminal court.

Answer is Right!

Answer is Wrong!

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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