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The Indo Tibetan Border Police Force Act, 1992

[Act No. 35 of 1992]

[1st September, 1992.]

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


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