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THE NATIONAL SECURITY GUARD ACT, 1986

ACT NO. 47 OF 1986 · Enacted [22nd September, 1986.] · 140 sections

PRELIMINARY

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

CONSTITUTION OF THE SECURITY GUARD AND CONDITIONS OR SERVCE OF THE MEMBERS OF THE SECURITY GUARD

Section 4.Constitution of the Security Guard.
Section 5.Control, direction, etc.
Section 6.Liability for service outside India.
Section 7.Resignation and withdrawal from the post.
Section 8.Tenure of service under the Act.
Section 9.Termination of service by Central Government.
Section 10.Dismissal, removal or reduction by the Director-General and by other officers.
Section 11.Certificate of termination of service.
Section 12.Restrictions respecting right to form associations, freedom of speech, etc.
Section 13.Remedy of aggrieved persons other than officers.
Section 14.Remedy of aggrieved officers.

OFFENCES

Section 15.Offences in relation to the terrorists and other persons in arms against the Union and punishable with death.
Section 16.Offences punishable more severely 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 officer.
Section 21.Disobedience to superior officer.
Section 22.Assault and obstruction.
Section 23.Certain forms of disgraceful conduct.
Section 24.Ill-treating a subordinate.
Section 25.Drunkenness.
Section 26.Permitting escape of person in custody.
Section 27.Irregularity in connection with arrest or confinement.
Section 28.Escape from custody.
Section 29.Offences in respect of property.
Section 30.Extortion and exaction.
Section 31.Making away with equipment.
Section 32.Injury to property.
Section 33.False accusations.
Section 34.Falsifying official documents and false declarations.
Section 35.False declaration on appointment.
Section 36.Offences relating to Security Guard Court.
Section 37.False evidence.
Section 38.Unlawful detention of pay.
Section 39.Unbecoming conduct.
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 that have not been committed.
Section 45.Civil offences.
Section 46.Civil offences not triable by a Security Guard Court.

PUNISHMENTS

Section 47.Punishments awardable by Security Guard Courts.
Section 48.Alternative punishments awardable by Security Guard Courts.
Section 49.Combination of punishments.
Section 50.Punishments otherwise than by Security Guard Courts.
Section 51.Minor punishments.
Section 52.Limit of punishments under section 51.
Section 53.Punishment of officers of or below the rank of Squadron Commanders by officers not below the rank of Inspectors-General.
Section 54.Punishment of persons of the rank of Assistant Commander.

ARREST AND PROCEEDINGS BEFORE TRIAL

Section 55.Custody of offenders.
Section 56.Duty of Commander in regard to detention.
Section 57.Interval between committal and trial.
Section 58.Arrest by civil authorities.
Section 59.Capture of deserters.
Section 60.Inquiry into absence without leave.

SECURITY GUARD COURTS

Section 61.Kinds of security Guard Courts.
Section 62.Power to convene General Security Guard Court.
Section 63.Power to convene a Petty Security Guard Court.
Section 64.Contents of warrants issued under sections 62 and 63.
Section 65.Composition of General Security Guard Court.
Section 66.Composition of a Petty Security Guard Court.
Section 67.Summary Security Guard Court.
Section 68.Dissolution of a Security Guard Court.
Section 69.Powers of a General Security Guard Court.
Section 70.Powers of a Petty Security Guard Court.
Section 71.Powers of a Summary Security Guard Court.
Section 72.Prohibition of second trial.
Section 73.Period of limitation for trial.
Section 74.Trial, etc., of offender who ceases to be subject to this Act.
Section 75.Application of Act during term of sentence.
Section 76.Place of trial.
Section 77.Choice between Criminal Court and Security Guard Court.
Section 78.Power of criminal court to require delivery of offender.

PROCEDURE OF SECURITY GUARD COURTS

Section 79.Presiding officer.
Section 80.Judge Attorneys, etc.
Section 81.Challenges.
Section 82.Oaths of members, Judge Attorney and witness.
Section 83.Voting by members.
Section 84.General rule as to evidence.
Section 85.Judicial notice.
Section 86.Summoning witnesses.
Section 87.Documents exempted from production.
Section 88.Commissions for examination of witnesses.
Section 89.Examination of witness on commission.
Section 90.Conviction of offence not charged.
Section 91.Presumption as to signatures.
Section 92.Appointment paper.
Section 93.Presumption as to certain documents.
Section 94.Reference by accused to Government officer.
Section 95.Evidence of previous convictions and general character.
Section 96.Lunacy of accused.
Section 97.Subsequent fitness of lunatic accused for trial.
Section 98.Transmission to Central Government of orders under section 97.
Section 99.Release of lunatic accused.
Section 100.Delivery of lunatic accused to relatives.
Section 101.Order for custody and disposal of property pending trial.
Section 102.Order for disposal of property regarding which offence is committed.
Section 103.Powers of Security Guard Court in relation to proceedings under the Act.

CONFIRMATION AND REVISION

Section 104.Finding and sentence not valid, unless confirmed.
Section 105.Power to confirm finding and sentence of General Security Guard Court.
Section 106.Power to confirm finding and sentence of Petty Security Guard Court.
Section 107.Limitation of powers of confirming authority.
Section 108.Power of confirming authority to mitigate, remit or commute sentences.
Section 109.Revision of finding or sentence.
Section 110.Finding and sentence of a Summary Security Guard Court.
Section 111.Transmission of proceedings of Summary Security Guard Court.
Section 112.Alteration of finding of sentence in certain cases.
Section 113.Remedy against order, finding or sentence of Security Guard Court.
Section 114.Annulment of proceedings.

EXECUTION OF SENTENCES, PARDONS, REMISSIONS, ETC.

Section 115.Form of sentence of death.
Section 116.Commencement of sentence of imprisonment.
Section 117.Execution of sentence of imprisonment.
Section 118.Temporary custody of offender.
Section 119.Execution of sentence of imprisonment in special cases.
Section 120.Conveyance of prisoner from place to place.
Section 121.Communication of certain orders to prison officers.
Section 122.Execution of sentence of fine.
Section 123.Informality or error in the order or warrant.
Section 124.Pardon and remission.
Section 125.Cancellation of conditional pardon, release on parole or remission.
Section 126.Suspension of sentence of imprisonment.
Section 127.Orders pending suspension.
Section 128.Release on suspension.
Section 129.Computation of period of suspension.
Section 130.Order after suspension.
Section 131.Reconsideration of case after suspension.
Section 132.Fresh sentence after suspension.
Section 133.Scope of power of suspension.
Section 134.Effect of suspension and remission on dismissal.

MISCELLANEOUS

Section 135.Rank structure.
Section 136.Deduction from pay and allowances.
Section 137.Powers and duties conferable and imposable on members of the Security Guard.
Section 138.Protection for acts of members of the Security Guard.
Section 139.Power to make rules.
Section 140.Provisions as to existing National Security Guard.