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The Border Security Force Act, 1968

Central

An Act to provide for the constitution and regulation of an Armed Force of the Union for ensuring the security of the borders of India and for matters connected therewith.

Act number
47 of 1968
Ministry
Ministry of Home Affairs
Department
Department of Internal Security
Enacted
2 Sep 1968

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.

143 sections

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