Central · Act 35 of 1992

Section 109 — Reference by accused to Government officer.

The Indo-Tibetan Border Police Force Act, 1992

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(1) If at any trial for desertion or absence without leave, over-staying leave or not rejoining when warned for service, the accused person states in his defence any sufficient or reasonable excuse for his unauthorised absence, and refers in support thereof to any officer in the service of the Government, or if it appears that any such officer is likely to prove or disprove the said statement in the defence, the Court shall address such officer and adjourn the proceedings until his reply is received.

(2) The written reply of any officer so referred to shall, if signed by him, be received in evidence and have the same effect as if made on oath before the Court.

(3) If the court is dissolved before the receipt of such reply or if the Court omits to comply with the provisions of this section, the convening officer may, at his discretion, annul the proceedings and order a fresh trial.

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Next · Section 110Evidence of previous convictions and general character. →All sections / सभी धाराएँThe Indo-Tibetan Border Police Force Act, 1992 →
More sections of this actSection 1 · Short title and commencement.Section 2 · Definitions.Section 3 · Persons subject to this Act.Section 4 · Constitution of the Force.Section 5 · Control, direction, etc.Section 6 · Enrolment.Section 7 · Liability for service outside India.Section 8 · Resignation and withdrawal from the post.
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India Code, Government of India. Text fetched 24 Oct 2026. Source metadata reports last modification: 2019-11-29. Check the linked official text and subsequent notifications when applying a provision.

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Section 109 — Reference by accused to Government officer. | The Indo-Tibetan Border Police Force Act, 1992 | NYAYA SIGNAL

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