Section List

47/1968 - The Border Security Force Act, 1968 ▶

Act Number: 47

Act Name: The Border Security Force Act, 1968

Year: 1968

Enactment Date: 1968-09-02

Long Title: 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.

Ministry: Ministry of Home Affairs

Department: Department of Internal Security

Section Number	Title	Actions
1	Short title and commencement.
2	Definitions.
3	Persons subject to this Act.
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.
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.
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.
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.
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.
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	Examination of a witness on commission.
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.
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.
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.
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.