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The Border Security Force Act, 1968

[Act No. 47 of 1968]

[2nd September, 1968.]

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


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