| Contents |
| Sections |
Particulars |
| Title |
The Indo Tibetan Border Police Force Act, 1992 |
| Chapter I |
Preliminary |
| 1. |
Short title and commencement |
| 2. |
Definitions |
| 3. |
Persons subject to this Act |
| Chapter II |
Constitution of The force and Conditions or Service of the Members of the force |
| 4. |
Constitution of the Force |
| 5. |
Control, direction, etc |
| 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 |
| 14. |
Remedy of aggrieved persons other than officers |
| 15. |
Remedy of aggrieved officers |
| Chapter III |
Offences |
| 16. |
Offences in relation to the enemy or terrorist and punishable with death |
| 17. |
Offences in relation to the enemy and not punishable with death |
| 18. |
Offences punishable more severely on active duty than at other times |
| 19. |
Mutiny |
| 20. |
Desertion and aiding desertion |
| 21. |
Absence without leave |
| 22. |
Striking or threatening superior officers |
| 23. |
Disobedience to superior officer |
| 24. |
Insubordination and obstruction |
| 25. |
False answers on enrolment |
| 26. |
Unbecoming conduct |
| 27. |
Certain forms of disgraceful conduct |
| 28. |
Ill-treating a subordinate |
| 29. |
Intoxication |
| 30. |
Permitting escape of person in custody |
| 31. |
Irregularity in connection with arrest or confinement |
| 32. |
Escape from custody |
| 33. |
Offences in respect of property |
| 34. |
Extortion and exaction |
| 35. |
Making away with equipment |
| 36. |
Injury to property |
| 37. |
False accusations |
| 38. |
Falsifying official documents and false declarations |
| 39. |
Signing in blank and failure to report |
| 40. |
Offences relating to Force Court |
| 41. |
False evidence |
| 42. |
Unlawful detention of pay |
| 43. |
Violation of good order and discipline |
| Chapter VI |
Maintenance of Accounts of Auqaf |
| 44. |
Miscellaneous offences |
| 45. |
Attempt |
| 46. |
Abetment of offences that have been committed |
| 47. |
Abetment of offences punishable with death and not Committee |
| 48. |
Abetment of offences punishable with imprisonment and not committed |
| 49. |
Civil offences |
| 50. |
Civil offences not triable by a Force Court |
| 51. |
Punishment awardable by Force Courts |
| 52. |
Alternative punishments awardable by Force Courts |
| 53. |
Combination of punishments |
| 54. |
Retention in the force of a person convicted on active duty |
| 55. |
Punishments otherwise than by Force Courts |
| 56. |
Minor punishments |
| 57. |
Limit of punishments under section 56 |
| 58. |
Punishment of persons of or below the rank of Commandant by Inspectors-General and others |
| 59 |
Review of proceedings |
| 60. |
Collective fines |
| Chapter V |
Deductions from Pay and Allowances |
| 61. |
Deductions from pay and allowances of persons subject to this Act |
| 62. |
Pay and allowances during trial |
| 63. |
Limit of certain deductions |
| 64. |
Deduction from public money due to a person |
| 65. |
Pay and allowances of prisoner of war during inquiry into his conduct |
| 66. |
Remission of deductions |
| 67. |
Provision for dependants of prisoner of war from his remitted deductions and pay and allowances |
| 68. |
Period during which a person is dedmed to be a prisoner of war |
| Chapter IV |
Arrest and Proceedings Before Trial |
| 69. |
Custody of offenders |
| 70. |
Duty of commanding officer in regard to detention |
| 71. |
Interval between committal and trial |
| 72. |
Arrest by civil authorities |
| 73. |
Capture of deserters |
| 74. |
Inquiry into absence without leave |
| 75. |
Force Police Officers |
| Chapter VII |
Force Courts |
| 76. |
Kinds of Force Courts |
| 77. |
Power to convene a General Force Court |
| 78. |
Power to convene a Petty Force Court |
| 79. |
Contents of warrants issued under sections 77 and 78 |
| 80. |
Composition of a General Force Court |
| 81. |
Composition of a Petty Force Court |
| 82. |
Summary Force Court |
| 83. |
Dissolution of a Force Court |
| 84. |
Power of a General Force Court |
| 85. |
Power of a Petty Force Court |
| 86. |
Power of a Summary Force Court |
| 87. |
Prohibition of second trial |
| 88. |
Period of limitation for trial |
| 89. |
Trial, etc., of offender who ceases to be subject to this Act |
| 90. |
Application of Act during term of sentence |
| 91. |
Place of trial |
| 92. |
Choice between criminal court and Force Court |
| 93. |
Power of criminal court to require delivery of offender |
| Chapter VIII |
Procedure of force Courts |
| 94. |
Presiding officer |
| 95. |
Judge Attorneys |
| 96. |
Challenge |
| 97. |
Oaths of member, Judge Attorney and witness |
| 98. |
Voting by members |
| 99. |
General rule as to evidence |
| 100. |
Judicial notice |
| 101. |
Summoning witnesses |
| 102. |
Documents exempted from production |
| 103. |
Commissions for examination of witnesses |
| 104. |
Examination of a witness on commission |
| 105 |
Conviction for offences not charged |
| 106 |
Presumption as to signatures |
| 107. |
Enrolment paper |
| 108. |
Presumption as to certain documents |
| 109. |
Reference by accused to Government officer |
| 110. |
Evidence of previous convictions and general character |
| 111. |
Lunacy of accused |
| 112. |
Subsequent fitness of lunatic accused for trial |
| 113. |
Transmission to Central Government of orders under section 112 |
| 114. |
Release of lunatic accused |
| 115. |
Delivery of lunatic accused to relatives |
| 116. |
Order for custody and disposal of property pending trial |
| 117. |
Order for disposal of property regarding which offence is committed |
| 118. |
Powers of Force Court in relation to proceedings under this Act |
| 119. |
Tender of pardon to accomplies |
| 120. |
Trial of person not complying with conditions of pardon |
| Chapter IX |
Confirmation and Revision |
| 121. |
Finding and sentence not valid unless confirmed |
| 122. |
Power to confirm finding and sentence of General Force Court |
| 123. |
Power to confirm finding and sentence of Petty Force Court |
| 124. |
Limitation of powers of confirming authority |
| 125. |
Power of confirming authority to mitigate, remit or commute sentences |
| 126. |
Confirming of findings and sentences on board a ship |
| 127. |
Revision of finding or sentence |
| 128. |
Finding and sentence of a Summary Force Court |
| 129. |
Transmission of proceedings of Summary Force Court |
| 130. |
Alteration of finding or sentence in certain cases |
| 131. |
Remedy against order, finding or sentence of Force Court |
| 132. |
Annulment of proceedings |
| Chapter X |
Execution of Sentences, Pardons, Remissions, Etc |
| 133. |
Form of sentence of death |
| 134. |
Commencement of sentence of imprisonment |
| 135. |
Execution of sentence of imprisonment |
| 136. |
Temporary custody of offender |
| 137. |
Execution of sentence of imprisonment in special cases |
| 138. |
Conveyance of prisoner from place to place |
| 139. |
Communication of certain orders to prison officers |
| 140. |
Execution of sentence of fine |
| 141. |
Informality or error in the order or warrant |
| 142. |
Pardon and remission |
| 143. |
Cancellation of conditional pardon, release on parole or remission |
| 144. |
Suspension of sentence of imprisonment |
| 145. |
Orders pending suspension |
| 146. |
Release on suspension |
| 147. |
Computation of period of suspension |
| 148. |
Order after suspension |
| 149. |
Reconsideration of case after suspension |
| 150. |
Fresh sentence after suspension |
| 151. |
Scope of power of suspension |
| 152. |
Effect of suspension and remission on dismissal |
| Chapter XI |
Miscellaneous |
| 153. |
Rank structure |
| 154. |
Powers and duties conferable and imposable on members of the Force |
| 155. |
Protection for acts of members of the Force |
| 156. |
Power to make rules |
| 157. |
Provisions as to existing Indo-Tibetan Border Police Force |
