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Bar News Acts League

The Border Security Force Act, 1968

Act ID: 1968

The Border Security Force Act, 1968

"An Act to provide for the constitution and regulation of an Armed Force of the Union for ensuring the security of the borders of India."

Table of Contents

143 Sections

Ch. 1

PRELIMINARY

S.1Short title and commencement.S.2Definitions.S.3Persons subject to this Act.

Ch. 2

CONSTITUTION OF THE FORCE AND CONDITIONS OF SERVICE OF THE MEMBERS OF THE FORCE

S.4Constitution of the Force.S.5Control, direction.S.6Enrolment.S.7Liability for service outside India.S.8Resignation and withdrawal from the post.S.9Tenure of service under the Act.S.10Termination of service by Central Government.S.11Dismissal, removal or reduction by the Director-General and by other officers.S.12Certificate of termination of service.S.13Restrictions respecting right to form association, freedom of speech, etc.

Ch. 3

OFFENCES

S.14Offences in relation to the enemy and punishable with death.S.15Offences in relation to the enemy and not punishable with death.S.16Offences punishable more severly on active duty than at other times.S.17Mutiny.S.18Desertion and aiding desertion.S.19Absence without leave.S.20Striking or threatening superior officers.S.21Disobedience to superior officer.S.22Insubordination and obstruction.S.23False answers on enrolment.S.24Certain forms of disgraceful conduct.S.25Ill-treating a subordinate.S.26Intoxication.S.27Permitting escape of person in custody.S.28Irregularity in connection with arrest or confinement.S.29Escape from custody.S.30Offences in respect of property.S.31Extortion and corruption.S.32Making away with equipment.S.33Injury to property.S.34False accusations.S.35Falsifying official documents and false declarations.S.36Signing in blank and failure to report.S.37Offences relating to Security Force Court.S.38False evidence.S.39Unlawful detention of pay.S.40Violation of good order and discipline.S.41Miscellaneous offences.S.42Attempt.S.43Abetment of offences that have been committed.S.44Abetment of offences punishable with death and not committed.S.45Abetment of offences punishable with imprisonment and not committed.S.46Civil offences.S.47Civil offences not triable by a Security Force Court.

Ch. 4

PUNISHMENTS

S.48Punishments awardable by Security Force Courts.S.49Alternative punishments awardable by Security Force Courts.S.50Combination of punishments.S.51Retention in the Force of a person convicted on active duty.S.52Punishments otherwise than by Security Force Courts.S.53Minor punishments.S.54Limit of punishments under section 53.S.55Punishment of persons of and below the rank of subordinate officers by Deputy Inspectors-General and others.S.56Collective fines.

Ch. 5

ARREST AND PROCEEDINGS BEFORE TRIAL

S.57Custody of offenders.S.58Duty of Commandant in regard to detention.S.59Interval between committal and trial.S.60Arrest by civil authorities.S.61Capture of deserters.S.62Inquiry into absence without leave.S.63Force police officers.

Ch. 6

SECURITY FORCE COURTS

S.64Kinds of Security Force Courts.S.65Power to convene a General Security Force Court.S.66Power to convene a Petty Security Force Court.S.67Contents of warrants issued under sections 65 and 66.S.68Composition of General Security Force Court.S.69Composition of a Petty Security Force Court.S.70Summary Security Force Court.S.71Dissolution of a Security Force Court.S.72Powers of a General Security Force Court.S.73Powers of a Petty Security Force Court.S.74Powers of a Summary Security Force Court.S.75Prohibition of second trial.S.76Period of limitation for trial for an offence of desertion in certain cases.S.77Trial, etc., of offender who ceases to be subject to this Act.S.78Application of Act during term of sentence.S.79Place of trial.S.80Choice between criminal court and Security Force Court.S.81Power of criminal court to require delivery of offender.

Ch. 7

PROCEDURE OF SECURITY FORCE COURTS

S.82Presiding Officer.S.83Law Officers.S.84Challenges.S.85Oaths of member, Law Officer and witness.S.86Voting by members.S.87General rule as to evidence.S.88Judicial notice.S.89Summoning witnesses.S.90Documents exempted from production.S.91Commissions for examination of witnesses.S.92Examination of a witness on commission.S.93Conviction of offence not charged.S.94Presumption as to signatures.S.95Enrolment paper.S.96Presumption as to certain documents.S.97Reference by accused to Government Officer.S.98Evidence of previous convictions and general character.S.99Lunacy of accused.S.100Subsequent fitness of lunatic accused for trial.S.101Transmission to Central Government of orders under section 100.S.102Release of lunatic accused.S.103Delivery of lunatic accused to relatives.S.104Order for custody and disposal of property pending trial.S.105Order for disposal of property regarding which offence is committed.S.106Powers of Security Force Court in relation to proceedings under this Act.

Ch. 8

CONFIRMATION AND REVISION

S.107Finding and sentence not valid, unless confirmed.S.108Power to confirm finding and sentence of General Security Force Court.S.109Power to confirm finding and sentence of Petty Security Force Court.S.110Limitation of powers of confirming authority.S.111Power of confirming authority to mitigate, remit or commute sentences.S.112Confirming of findings and sentences on board a ship.S.113Revision of finding of sentence.S.114Finding and sentence of a Summary Security Force Court.S.115Transmission of proceedings of Summary Security Force Courts.S.116Alteration of finding or sentence in certain cases.S.117Remedy against order, finding or sentence of Security Force Courts.S.118Annulment of proceedings.

Ch. 9

EXECUTION OF SENTENCE, PARDONS, REMISSIONS, ETC

S.119Form of sentence of death.S.120Commencement of sentence of imprisonment.S.121Execution of sentence of imprisonment.S.121APeriod of custody undergone by a person to be set-off against the imprisonment.S.122Temporary custody of offender.S.123Execution of sentence of imprisonment in special cases.S.124Conveyance of prisoner from place to place.S.125Communication of certain orders to prison officers.S.126Execution of sentence of fine.S.127Informality or error in the order or warrant.S.128Pardon and remission.S.129Cancellation of conditional pardon, release on parole or remission.S.130Suspension of sentence of imprisonment.S.131Orders pending suspension.S.132Release on suspension.S.133Computation of period of suspension.S.134Order after suspension.S.135Reconsideration of case after suspension.S.136Fresh sentence after suspension.S.137Scope of power of suspension.S.138Effect of suspension and remission on dismissal.

Ch. 10

MISCELLANEOUS

S.139Powers and duties conferrable and imposable on members of the Force.S.140Protection for acts of members of the Force.S.141Power to make rules.S.142Provisions as to existing Border Security Force.