Section 88 of SSB Act : Section 88: Period Of Limitation For Trial

Explanation using Example

Imagine a Sashastra Seema Bal (SSB) officer was accused of misconduct on January 1, 2019. Under Section 88(1) of The Sashastra Seema Bal Act, 2007, the SSB has until January 1, 2022, to commence a trial against the officer for that specific misconduct. If they attempt to start the trial on January 2, 2022, it would typically be considered time-barred.

However, if the same officer had deserted their post, Section 88(2) clarifies that this three-year limitation does not apply. The SSB could initiate a trial for desertion even if more than three years have passed since the date of the offence.

Additionally, if the officer went into hiding to evade arrest after committing the misconduct, the time they spent evading arrest would not be counted in the three-year period, as per Section 88(3). So, if the officer hid for six months, the SSB would have an additional six months beyond the original three-year period to commence the trial.