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THE INDO-TIBETAN BORDER POLICE FORCE ACT, 1992

ACTNO. 35 OF 1992 · Enacted [1st September, 1992.] · 157 sections

PRELIMINARY

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

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

Section 4.Constitution of the Force.
Section 5.Control, direction, etc.
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.
Section 14.Remedy of aggrieved persons other than officers.
Section 15.Remedy of aggrieved officers.

OFFENCES

Section 16.Offences in relation to the enemy or terrorist and punishable with death.
Section 17.Offences in relation to the enemy and not punishable with death.
Section 18.Offences punishable more severely on active duty than at other times.
Section 19.Mutiny.
Section 20.Desertion and aiding desertion.
Section 21.Absence without leave.
Section 22.Striking or threatening superior officers.
Section 23.Disobedience to superior officer.
Section 24.Insubordination and obstruction.
Section 25.False answers on enrolment.
Section 26.Unbecoming conduct.
Section 27.Certain forms of disgraceful conduct.
Section 28.Ill-treating a subordinate.
Section 29.Intoxication.
Section 30.Permitting escape of person in custody.
Section 31.Irregularity in connection with arrest or confinement.
Section 32.Escape from custody.
Section 33.Offences in respect of property.
Section 34.Extortion and exaction.
Section 35.Making away with equipment.
Section 36.Injury to property.
Section 37.False accusations.
Section 38.Falsifying official documents and false declarations.
Section 39.Signing in blank and failure to report.
Section 40.Offences relating to Force Court.
Section 41.False evidence.
Section 42.Unlawful detention of pay.
Section 43.Violation of good order and discipline.
Section 44.Miscellaneous offences.
Section 45.Attempt.
Section 46.Abetment of offences that have been committed.
Section 47.Abetment of offences punishable with death and not Committee.
Section 48.Abetment of offences punishable with imprisonment and not committed.
Section 49.Civil offences.
Section 50.Civil offences not triable by a Force Court.

PUNISHMENTS

Section 51.Punishment awardable by Force Courts.
Section 52.Alternative punishments awardable by Force Courts.
Section 53.Combination of punishments.
Section 54.Retention in the force of a person convicted on active duty.
Section 55.Punishments otherwise than by Force Courts.
Section 56.Minor punishments.
Section 57.Limit of punishments under section 56.
Section 58.Punishment of persons of or below the rank of Commandant by Inspectors-General and others.
Section 59.Review of proceedings.
Section 60.Collective fines.

DEDUCTIONS FROM PAY AND ALLOWANCES

Section 61.Deductions from pay and allowances of persons subject to this Act.
Section 62.Pay and allowances during trial.
Section 63.Limit of certain deductions.
Section 64.Deduction from public money due to a person.
Section 65.Pay and allowances of prisoner of war during inquiry into his conduct.
Section 66.Remission of deductions.
Section 67.Provision for dependants of prisoner of war from his remitted deductions and pay and allowances.
Section 68.Period during which a person is dedmed to be a prisoner of war.

ARREST AND PROCEEDINGS BEFORE TRIAL

Section 69.Custody of offenders.
Section 70.Duty of commanding officer in regard to detention.
Section 71.Interval between committal and trial.
Section 72.Arrest by civil authorities.
Section 73.Capture of deserters.
Section 74.Inquiry into absence without leave.
Section 75.Force Police Officers.

FORCE COURTS

Section 76.Kinds of Force Courts.
Section 77.Power to convene a General Force Court.
Section 78.Power to convene a Petty Force Court.
Section 79.Contents of warrants issued under sections 77 and 78.
Section 80.Composition of a General Force Court.
Section 81.Composition of a Petty Force Court.
Section 82.Summary Force Court.
Section 83.Dissolution of a Force Court.
Section 84.Power of a General Force Court.
Section 85.Power of a Petty Force Court.
Section 86.Power of a Summary Force Court.
Section 87.Prohibition of second trial.
Section 88.Period of limitation for trial.
Section 89.Trial, etc., of offender who ceases to be subject to this Act.
Section 90.Application of Act during term of sentence.
Section 91.Place of trial.
Section 92.Choice between criminal court and Force Court.
Section 93.Power of criminal court to require delivery of offender.

PROCEDURE OF FORCE COURTS

Section 94.Presiding officer.
Section 95.Judge Attorneys.
Section 96.Challenge.
Section 97.Oaths of member, Judge Attorney and witness.
Section 98.Voting by members.
Section 99.General rule as to evidence.
Section 100.Judicial notice.
Section 101.Summoning witnesses.
Section 102.Documents exempted from production.
Section 103.Commissions for examination of witnesses.
Section 104.Examination of a witness on commission.
Section 105.Conviction for offences not charged.
Section 106.Presumption as to signatures.
Section 107.Enrolment paper.
Section 108.Presumption as to certain documents.
Section 109.Reference by accused to Government officer.
Section 110.Evidence of previous convictions and general character.
Section 111.Lunacy of accused.
Section 112.Subsequent fitness of lunatic accused for trial.
Section 113.Transmission to Central Government of orders under section 112.
Section 114.Release of lunatic accused.
Section 115.Delivery of lunatic accused to relatives.
Section 116.Order for custody and disposal of property pending trial.
Section 117.Order for disposal of property regarding which offence is committed.
Section 118.Powers of Force Court in relation to proceedings under this Act.
Section 119.Tender of pardon to accomplies.
Section 120.Trial of person not complying with conditions of pardon.

CONFIRMATION AND REVISION

Section 121.Finding and sentence not valid unless confirmed.
Section 122.Power to confirm finding and sentence of General Force Court.
Section 123.Power to confirm finding and sentence of Petty Force Court.
Section 124.Limitation of powers of confirming authority.
Section 125.Power of confirming authority to mitigate, remit or commute sentences.
Section 126.Confirming of findings and sentences on board a ship.
Section 127.Revision of finding or sentence.
Section 128.Finding and sentence of a Summary Force Court.
Section 129.Transmission of proceedings of Summary Force Court.
Section 130.Alteration of finding or sentence in certain cases.
Section 131.Remedy against order, finding or sentence of Force Court.
Section 132.Annulment of proceedings.

EXECUTION OF SENTENCES, PARDONS, REMISSIONS, ETC.

Section 133.Form of sentence of death.
Section 134.Commencement of sentence of imprisonment.
Section 135.Execution of sentence of imprisonment.
Section 136.Temporary custody of offender.
Section 137.Execution of sentence of imprisonment in special cases.
Section 138.Conveyance of prisoner from place to place.
Section 139.Communication of certain orders to prison officers.
Section 140.Execution of sentence of fine.
Section 141.Informality or error in the order or warrant.
Section 142.Pardon and remission.
Section 143.Cancellation of conditional pardon, release on parole or remission.
Section 144.Suspension of sentence of imprisonment.
Section 145.Orders pending suspension.
Section 146.Release on suspension.
Section 147.Computation of period of suspension.
Section 148.Order after suspension.
Section 149.Reconsideration of case after suspension.
Section 150.Fresh sentence after suspension.
Section 151.Scope of power of suspension.
Section 152.Effect of suspension and remission on dismissal.

MISCELLANEOUS

Section 153.Rank structure.
Section 154.Powers and duties conferable and imposable on members of the Force.
Section 155.Protection for acts of members of the Force.
Section 156.Power to make rules.
Section 157.Provisions as to existing Indo-Tibetan Border Police Force.