Section 70
Duty of commanding officer in regard to detention.
The Indo-Tibetan Border Police Force Act, 1992
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) It shall be the duty of every
commanding officer to take care that a person under his command when charged with an offence is not
detained in custody for more than forty-eight hours after the committal of such person into custody is
reported to him, without the charge being investigated, unless investigation within that period seems to
him to be impracticable having regard to the public service.
(2) The case of every person being detained in custody beyond a period of forty-eight hours, and the reasons therefor, shall be reported by the commanding officer to the next higher officer or such other officer to whom an application may be made to convene a Force Court for the trial of the person charged.
(3) In reckoning the period of forty-eight hours specified in sub-section (1), Sundays and other public holidays shall be excluded.
(4) Subject to the provisions of this Act, the Central Government may make rules providing for the manner in which and the period for which any person subject to this Act may be taken into and detained in Force custody, pending the trial by any competent authority for any offence committed by him.
(2) The case of every person being detained in custody beyond a period of forty-eight hours, and the reasons therefor, shall be reported by the commanding officer to the next higher officer or such other officer to whom an application may be made to convene a Force Court for the trial of the person charged.
(3) In reckoning the period of forty-eight hours specified in sub-section (1), Sundays and other public holidays shall be excluded.
(4) Subject to the provisions of this Act, the Central Government may make rules providing for the manner in which and the period for which any person subject to this Act may be taken into and detained in Force custody, pending the trial by any competent authority for any offence committed by him.