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THE BORDER SECURITY FORCE ACT, 1968

ACT NO. 47 OF 1968 · Enacted [2nd September, 1968.] · 143 sections

PRELIMINARY

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

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

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

OFFENCES

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

PUNISHMENTS

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

ARREST AND PROCEEDINGS BEFORE TRIAL

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

SECURITY FORCE COURTS

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

PROCEDURE OF SECURITY FORCE COURTS

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

CONFIRMATION AND REVISION

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

EXECUTION OF SENTENCE, PARDONS, REMISSIONS, ETC.

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

MISCELLANEOUS

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