Contents: |
Title |
The Border Security Force Act, 1968 |
Sections: |
Particulars: |
Chapter I |
Preliminary Sections |
1. |
Short title, and commencement |
2. |
Definitions |
3. |
Persons subject to this Act |
Chapter II |
Constitution of The Force And Conditions of Service of The Members of The Force |
4. |
Constitution of the Force |
5. |
Control, direction |
6. |
Enrolment |
7. |
Liability for service outside India |
8. |
Resignation and withdrawal from the post |
9. |
Tenure of service under the Act |
10. |
Termination of service by Central Government |
11. |
Dismissal, removal or reduction by the Director-General and by other officers |
12. |
Certificate of termination of service |
13. |
Restrictions respecting right to form association, freedom of speech, etc |
Chapter III |
Offences |
14. |
Offences in relation to the enemy and punishable with death |
15. |
Offences in relation to the enemy and not punishable with death |
16. |
Offences punishable more severly on active duty than at other times |
17. |
Mutiny |
18. |
Desertion and aiding desertion |
19. |
Absence without leave |
20. |
Striking or threatening superior officers |
21. |
Disobedience to superior officer |
22. |
Insubordination and obstruction |
23. |
False answers on enrolment |
24. |
Certain forms of disgraceful conduct |
25. |
Ill-treating a subordinate |
26. |
Intoxication |
27. |
Permitting escape of person in custody |
28. |
Irregularity in connection with arrest or confinement |
29. |
Escape from custody |
30. |
Offences in respect of property |
31. |
Extortion and corruption |
32. |
Making away with equipment |
33. |
Injury to property |
34. |
False accusations |
35. |
Falsifying official documents and false declarations |
36. |
Signing in blank and failure to report |
37. |
Offences relating to Security Force Court |
38. |
False evidence |
39. |
Unlawful detention of pay |
40. |
Violation of good order and discipline |
41. |
Miscellaneous offences |
42. |
Attempt |
43. |
Abetment of offences that have been committed |
44. |
Abetment of offences punishable with death and not committed |
45. |
Abetment of offences punishable with imprisonment and not committed |
46. |
Civil offences |
47. |
Civil offences not triable by a Security Force Court |
Chapter IV |
Punishments |
48. |
Punishments awardable by Security Force Courts |
49. |
Alternative punishments awardable by Security Force Courts |
50. |
Combination of punishments |
51. |
Retention in the Force of a person convicted on active duty |
52. |
Punishments otherwise than by Security Force Courts |
53. |
Minor punishments |
54. |
Limit of punishments under section 53 |
55. |
Punishment of persons of and below the rank of subordinate officers by Deputy Inspectors-General and others |
56. |
Collective fines |
Chapter V |
Arrest and Proceedings Before Trial |
57. |
Custody of offenders |
58. |
Duty of Commandant in regard to detention |
59. |
Interval between committal and trial |
60. |
Arrest by civil authorities |
61. |
Capture of deserters |
62. |
Inquiry into absence without leave |
63. |
Force police officers |
Chapter VI |
Security Force Courts |
64. |
Kinds of Security Force Courts |
65. |
Power to convene a General Security Force Court |
66. |
Power to convene a Petty Security Force Court |
67. |
Contents of warrants issued under sections 65 and 66 |
68. |
Composition of General Security Force Court |
69. |
Composition of a Petty Security Force Court |
70. |
Summary Security Force Court |
71. |
Dissolution of a Security Force Court |
72. |
Powers of a General Security Force Court |
73. |
Powers of a Petty Security Force Court |
74. |
Powers of a Summary Security Force Court |
75. |
Prohibition of second trial |
76. |
Period of limitation for trial for an offence of desertion in certain cases |
77. |
Trial, etc., of offender who ceases to be subject to this Act |
78. |
Application of Act during term of sentence |
79. |
Place of trial |
80. |
Choice between criminal court and Security Force Court |
81. |
Power of criminal court to require delivery of offender |
Chapter VII |
Procedure of Security Force Courts |
82. |
Presiding Officer |
83. |
Law Officers |
84. |
Challenges |
85. |
Oaths of member, Law Officer and witness |
86. |
Voting by members |
87. |
General rule as to evidence |
88. |
Judicial notice |
89. |
Summoning witnesses |
90. |
Documents exempted from production |
91. |
Commissions for examination of witnesses |
92. |
Power of Chairperson in case of contravention |
93. |
Conviction of offence not charged |
94. |
Presumption as to signatures |
95. |
Enrolment paper |
96. |
Presumption as to certain documents |
97. |
Reference by accused to Government Officer |
98. |
Evidence of previous convictions and general character |
99. |
Lunacy of accused |
100. |
Subsequent fitness of lunatic accused for trial |
101. |
Transmission to Central Government of orders under section 100 |
102. |
Release of lunatic accused |
103. |
Delivery of lunatic accused to relatives |
104. |
Order for custody and disposal of property pending trial |
105. |
Order for disposal of property regarding which offence is committed |
106. |
Powers of Security Force Court in relation to proceedings under this Act |
Chapter VIII |
Confirmation and Revision |
107. |
Finding and sentence not valid, unless confirmed |
108. |
Power to confirm finding and sentence of General Security Force Court |
109. |
Power to confirm finding and sentence of Petty Security Force Court |
110. |
Limitation of powers of confirming authority |
111. |
Power of confirming authority to mitigate, remit or commute sentences |
112. |
Confirming of findings and sentences on board a ship |
113. |
Revision of finding of sentence |
114. |
Finding and sentence of a Summary Security Force Court |
115. |
Transmission of proceedings of Summary Security Force Courts |
116. |
Alteration of finding or sentence in certain cases |
117. |
Remedy against order, finding or sentence of Security Force Courts |
118. |
Annulment of proceedings |
Chapter IX |
Execution of Sentence, Pardons, Remissions, Etc. |
119. |
Form of sentence of death |
120. |
Commencement of sentence of imprisonment |
121. |
Execution of sentence of imprisonment |
121A. |
Period of custody undergone by a person to be set-off against the imprisonment |
122. |
Temporary custody of offender |
123. |
Execution of sentence of imprisonment in special cases |
124. |
Conveyance of prisoner from place to place |
125. |
Communication of certain orders to prison officers |
126. |
Execution of sentence of fine |
127. |
Informality or error in the order or warrant |
128. |
Pardon and remission |
129. |
Cancellation of conditional pardon, release on parole or remission |
130. |
Suspension of sentence of imprisonment |
131. |
Orders pending suspension |
132. |
Release on suspension |
133. |
Computation of period of suspension |
134. |
Order after suspension |
135. |
Reconsideration of case after suspension |
136. |
Fresh sentence after suspension |
137. |
Scope of power of suspension |
138. |
Effect of suspension and remission on dismissal |
Chapter X |
Miscellaneous |
139. |
Powers and duties conferrable and imposable on members of the Force |
140. |
Protection for acts of members of the Force |
141. |
Power to make rules |
142. |
Provisions as to existing Border Security Force |