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The National Security Guard Act, 1986

Central

An Act to provide for the constitution and regulation of an armed force of the Union for combating terrorist activities with a view to protecting States against internal disturbances and for matters connected therewith.

Act number
47 of 1986
Ministry
Ministry of Home Affairs
Department
Department of Internal Security
Enacted
22 Sep 1986

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

140 sections

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