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The Indo-Tibetan Border Police Force Act, 1992

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
35 of 1992
Ministry
Ministry of Home Affairs
Department
Department of Internal Security
Enacted
1 Sep 1992

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.

157 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, etc.
  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 14Remedy of aggrieved persons other than officers.
  15. Section 15Remedy of aggrieved officers.
  16. Section 16Offences in relation to the enemy or terrorist and punishable with death.
  17. Section 17Offences in relation to the enemy and not punishable with death.
  18. Section 18Offences punishable more severely on active duty than at other times.
  19. Section 19Mutiny.
  20. Section 20Desertion and aiding desertion.
  21. Section 21Absence without leave.
  22. Section 22Striking or threatening superior officers.
  23. Section 23Disobedience to superior officer.
  24. Section 24Insubordination and obstruction.
  25. Section 25False answers on enrolment.
  26. Section 26Unbecoming conduct.
  27. Section 27Certain forms of disgraceful conduct.
  28. Section 28Ill-treating a subordinate.
  29. Section 29Intoxication.
  30. Section 30Permitting escape of person in custody.
  31. Section 31Irregularity in connection with arrest or confinement.
  32. Section 32Escape from custody.
  33. Section 33Offences in respect of property.
  34. Section 34Extortion and exaction.
  35. Section 35Making away with equipment.
  36. Section 36Injury to property.
  37. Section 37False accusations.
  38. Section 38Falsifying official documents and false declarations.
  39. Section 39Signing in blank and failure to report.
  40. Section 40Offences relating to Force Court.
  41. Section 41False evidence.
  42. Section 42Unlawful detention of pay.
  43. Section 43Violation of good order and discipline.
  44. Section 44Miscellaneous offences.
  45. Section 45Attempt.
  46. Section 46Abetment of offences that have been committed.
  47. Section 47Abetment of offences punishable with death and not Committee.
  48. Section 48Abetment of offences punishable with imprisonment and not committed.
  49. Section 49Civil offences.
  50. Section 50Civil offences not triable by a Force Court.
  51. Section 51Punishment awardable by Force Courts.
  52. Section 52Alternative punishments awardable by Force Courts.
  53. Section 53Combination of punishments.
  54. Section 54Retention in the force of a person convicted on active duty.
  55. Section 55Punishments otherwise than by Force Courts.
  56. Section 56Minor punishments.
  57. Section 57Limit of punishments under section 56.
  58. Section 58Punishment of persons of or below the rank of Commandant by Inspectors-General and others.
  59. Section 59Review of proceedings.
  60. Section 60Collective fines.
  61. Section 61Deductions from pay and allowances of persons subject to this Act.
  62. Section 62Pay and allowances during trial.
  63. Section 63Limit of certain deductions.
  64. Section 64Deduction from public money due to a person.
  65. Section 65Pay and allowances of prisoner of war during inquiry into his conduct.
  66. Section 66Remission of deductions.
  67. Section 67Provision for dependants of prisoner of war from his remitted deductions and pay and allowances.
  68. Section 68Period during which a person is dedmed to be a prisoner of war.
  69. Section 69Custody of offenders.
  70. Section 70Duty of commanding officer in regard to detention.
  71. Section 71Interval between committal and trial.
  72. Section 72Arrest by civil authorities.
  73. Section 73Capture of deserters.
  74. Section 74Inquiry into absence without leave.
  75. Section 75Force Police Officers.
  76. Section 76Kinds of Force Courts.
  77. Section 77Power to convene a General Force Court.
  78. Section 78Power to convene a Petty Force Court.
  79. Section 79Contents of warrants issued under sections 77 and 78.
  80. Section 80Composition of a General Force Court.
  81. Section 81Composition of a Petty Force Court.
  82. Section 82Summary Force Court.
  83. Section 83Dissolution of a Force Court.
  84. Section 84Power of a General Force Court.
  85. Section 85Power of a Petty Force Court.
  86. Section 86Power of a Summary Force Court.
  87. Section 87Prohibition of second trial.
  88. Section 88Period of limitation for trial.
  89. Section 89Trial, etc., of offender who ceases to be subject to this Act.
  90. Section 90Application of Act during term of sentence.
  91. Section 91Place of trial.
  92. Section 92Choice between criminal court and Force Court.
  93. Section 93Power of criminal court to require delivery of offender.
  94. Section 94Presiding officer.
  95. Section 95Judge Attorneys.
  96. Section 96Challenge.
  97. Section 97Oaths of member, Judge Attorney and witness.
  98. Section 98Voting by members.
  99. Section 99General rule as to evidence.
  100. Section 100Judicial notice.
  101. Section 101Summoning witnesses.
  102. Section 102Documents exempted from production.
  103. Section 103Commissions for examination of witnesses.
  104. Section 104Examination of a witness on commission.
  105. Section 105Conviction for offences not charged.
  106. Section 106Presumption as to signatures.
  107. Section 107Enrolment paper.
  108. Section 108Presumption as to certain documents.
  109. Section 109Reference by accused to Government officer.
  110. Section 110Evidence of previous convictions and general character.
  111. Section 111Lunacy of accused.
  112. Section 112Subsequent fitness of lunatic accused for trial.
  113. Section 113Transmission to Central Government of orders under section 112.
  114. Section 114Release of lunatic accused.
  115. Section 115Delivery of lunatic accused to relatives.
  116. Section 116Order for custody and disposal of property pending trial.
  117. Section 117Order for disposal of property regarding which offence is committed.
  118. Section 118Powers of Force Court in relation to proceedings under this Act.
  119. Section 119Tender of pardon to accomplies.
  120. Section 120Trial of person not complying with conditions of pardon.
  121. Section 121Finding and sentence not valid unless confirmed.
  122. Section 122Power to confirm finding and sentence of General Force Court.
  123. Section 123Power to confirm finding and sentence of Petty Force Court.
  124. Section 124Limitation of powers of confirming authority.
  125. Section 125Power of confirming authority to mitigate, remit or commute sentences.
  126. Section 126Confirming of findings and sentences on board a ship.
  127. Section 127Revision of finding or sentence.
  128. Section 128Finding and sentence of a Summary Force Court.
  129. Section 129Transmission of proceedings of Summary Force Court.
  130. Section 130Alteration of finding or sentence in certain cases.
  131. Section 131Remedy against order, finding or sentence of Force Court.
  132. Section 132Annulment of proceedings.
  133. Section 133Form of sentence of death.
  134. Section 134Commencement of sentence of imprisonment.
  135. Section 135Execution of sentence of imprisonment.
  136. Section 136Temporary custody of offender.
  137. Section 137Execution of sentence of imprisonment in special cases.
  138. Section 138Conveyance of prisoner from place to place.
  139. Section 139Communication of certain orders to prison officers.
  140. Section 140Execution of sentence of fine.
  141. Section 141Informality or error in the order or warrant.
  142. Section 142Pardon and remission.
  143. Section 143Cancellation of conditional pardon, release on parole or remission.
  144. Section 144Suspension of sentence of imprisonment.
  145. Section 145Orders pending suspension.
  146. Section 146Release on suspension.
  147. Section 147Computation of period of suspension.
  148. Section 148Order after suspension.
  149. Section 149Reconsideration of case after suspension.
  150. Section 150Fresh sentence after suspension.
  151. Section 151Scope of power of suspension.
  152. Section 152Effect of suspension and remission on dismissal.
  153. Section 153Rank structure.
  154. Section 154Powers and duties conferable and imposable on members of the Force.
  155. Section 155Protection for acts of members of the Force.
  156. Section 156Power to make rules.
  157. Section 157Provisions as to existing Indo-Tibetan Border Police Force.