Sashastra Seema Bal Act, 2007
74. Inquiry into absence without leave.
1. When
any person subject to this Act has been absent from duty without due authority
for a period of thirty days, a court of inquiry shall, as soon as practicable,
be appointed by such authority and in such manner as may be prescribed; and
such court shall, on oath or affirmation administered in the prescribed manner,
inquire in respect of the absence of the person, and the deficiency, if any, in
the property of the Government entrusted to his care, or in any arms,
ammunition, equipment, instruments, clothing or accessories; and if satisfied
of the fact of such absence without due authority or other sufficient cause,
the court shall declare such absence and the period thereof and the said
deficiency, if any, and the commanding officer of the unit to which the person
belongs or is attached, shall make a record thereof in the prescribed manner.
2. If the
person declared absent does not afterwards surrender or is not apprehended, he
shall, for the purposes of this Act, be deemed to be a deserter.