Section 81
Power of criminal court to require delivery of offender.
The Border Security Force Act, 1968
About this Act
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.
(1) When a criminal court having
jurisdiction is of opinion that proceedings shall be instituted before itself in respect of any alleged offence
it may, by written notice, require the officer referred to in section 80 at his option, either to deliver over
the offender to the nearest magistrate to be proceeded against according to law, or to postpone
proceedings, pending a reference to the Central Government.
(2) In every such case the said officer shall either deliver over the offender in compliance with the requisition, or shall forthwith refer the question as to the court before which the proceedings are to be instituted, for the determination of the Central Government whose order upon such reference shall be final.
(2) In every such case the said officer shall either deliver over the offender in compliance with the requisition, or shall forthwith refer the question as to the court before which the proceedings are to be instituted, for the determination of the Central Government whose order upon such reference shall be final.