hkkjr dk jkti= - lawyers law

1

REGISTERED NO. 221jftLVªh ua0 Mh0221

Hkkjr Hkkjr Hkkjr Hkkjr Hkkjr dkdkdkdkdk jkti= jkti= jkti= jkti= jkti=The Gazette of IndiaThe Gazette of IndiaThe Gazette of IndiaThe Gazette of IndiaThe Gazette of India

vlk/kkj.kvlk/kkj.kvlk/kkj.kvlk/kkj.kvlk/kkj.kEXTRAORDINARY

Hkkx 2 [k.M 1Hkkx 2 [k.M 1Hkkx 2 [k.M 1Hkkx 2 [k.M 1Hkkx 2 [k.M 1PART II - SECTION 1

izkf/kdkj ls izdkf”krizkf/kdkj ls izdkf”krizkf/kdkj ls izdkf”krizkf/kdkj ls izdkf”krizkf/kdkj ls izdkf”krPUBLISHED BY AUTHORITY

la0 59½ ubZ fnYyh lkseokj flrEcj 2] 1968@Hkknz 11]1890la0 59½ ubZ fnYyh lkseokj flrEcj 2] 1968@Hkknz 11]1890la0 59½ ubZ fnYyh lkseokj flrEcj 2] 1968@Hkknz 11]1890la0 59½ ubZ fnYyh lkseokj flrEcj 2] 1968@Hkknz 11]1890la0 59½ ubZ fnYyh lkseokj flrEcj 2] 1968@Hkknz 11]1890

No. 59} NEW DELHI, MONDAY, SEPTEMBER 2, 1968/BHADRA 11, 1890

bl Hkkx esa fHkUu i`’B la[;k nh tkrh gS ftlls fd ;g vyx ladyubl Hkkx esa fHkUu i`’B la[;k nh tkrh gS ftlls fd ;g vyx ladyubl Hkkx esa fHkUu i`’B la[;k nh tkrh gS ftlls fd ;g vyx ladyubl Hkkx esa fHkUu i`’B la[;k nh tkrh gS ftlls fd ;g vyx ladyubl Hkkx esa fHkUu i`’B la[;k nh tkrh gS ftlls fd ;g vyx ladyuds :i essa j[kk tk lds Ads :i essa j[kk tk lds Ads :i essa j[kk tk lds Ads :i essa j[kk tk lds Ads :i essa j[kk tk lds A

Separate paging is given to this part in order that it may befiled as a separate compilation

MINISTRY OF LAW(Legislative Department)

New Delhi, the 2nd September, 1968/Bhadra 11, 1890 (Saka)

The following Act of Parliament received the assent of thePresident on the 2nd September, 1968, and is hereby published forgeneral information:-

2 BSF ACT

THE BORDER SECURITY FORCE ACT, 1968No. 47 of 1968

[2nd September, 1968]

CHAPTER-I

PRELIMINARY

1. (1) This Act may be called the Border SecurityForce Act, 1968.

(2) It shall come into force on such date as theCentral Government may, by notification inthe Official Gazette, appoint.

2. (1) In this Act, unless the context otherwiserequires,-

(a) “active duty”, in relation to a person subjectto this Act, means any duty as a member ofthe Force during the period in which suchperson is attached to, or forms part of, a unitof the Force -

(i) which is engaged in operationsagainst an enemy, or

(ii) which is operating at a picket orengaged on patrol or other guard dutyalong the borders of India,

and includes duty by such person during any period declaredby the Central Government by notification in the OfficialGazette as a period of active duty with reference to any area

Short titleand com-mencement.

Definitions.

An Act to provide for the constitution andregulation of an Armed Force of the Union forensuring the security of the borders of India andfor matters connected therewith.

Be it enacted by Parliament in the Nineteenthyear of the Republic of India as follows:-

BSF ACT 3

in which any person or class of persons subject to this Actmay be serving;

(b) “battalion” means a unit of the Forceconstituted as a battalion by the CentralGovernment;

(c) “Chief Law Officer” and “Law Officer”mean, respectively, the Chief Law Officer anda Law Officer of the Force appointed by theCentral Government;

(d) “civil offence” means an offence which istriable by a criminal court;

(e) “civil prison” means any jail or place usedfor the detention of any criminal prisonerunder the Prisons Act, 1894, or under anyother law for the time being in force;

(f) “Commandant”, when used in any provisionof this Act with reference to any unit of theForce, means the officer whose duty it isunder the rules to discharge with respect tothat unit, the functions of a Commandant inregard to matters of the description referredto in that provision;

(g) “criminal court” means a court of ordinarycriminal justice in any part of India;

(h) “Deputy-Inspector General” means a DeputyInspector General of the Force appointedunder section 5;

(i) “Director-General” means the Director-Generalof the Force appointed under section 5;

(j) “enemy” includes all armed mutineers, armedrebels, armed rioters, pirates and any personin arms against whom it is the duty of anyperson subject to this Act to take action;

(k) “enrolled person” means an under-officer orother person enrolled under this Act;

9 of 1894.

4 BSF ACT

(l) “Force” means the Border Security Force;

(m) “Force custody” means the arrest orconfinement of a member of the Forceaccording to rules;

(n) “Inspector-General” means the Inspector-General of the Force appointed undersection 5;

(o) “member of the Force” means an officer, asubordinate officer, an under-officer or otherenrolled person;

(p) “notification” means a notification publishedin the Official Gazette;

(q) “offence” means any act or omissionpunishable under this Act and includes a civiloffence;

(r) “officer” means a person appointed or in payas an officer of the Force, but does not includea subordinate officer or an under-officer;

(s) “prescribed” means prescribed by rules madeunder this Act;

(t) “rule” means a rule made under this Act;

(u) “Security Force Court” means a Courtreferred to in section 64;

(v) “subordinate officer” means a personappointed or in pay as a Subedar-Major, aSubedar or a Sub-Inspector of the Force;

(w) “superior officer”, when used in relation to aperson subject to this Act, means:-

(i) any member of the force to whosecommand such person is for the time beingsubject in accordance with the rules;

(ii) any officer of higher rank or class orof a higher grade in the same class;

BSF ACT 5

and includes when such person is not an officer, a subordinateofficer or an under-officer of higher rank, class or grade;

(x) “under-officer”, means a Head Constable,Naik and Lance Naik of the Force;

(y) all words and expressions used and notdefined in this Act but defined in theIndian Penal Code shall have themeanings assigned to them in that Code.

(2) In this Act, references to any law not in forcein the State of Jammu and Kashmir shall be construed asreferences to the corresponding law in force in that State.

3. (1) The following persons shall be subject to thisAct, wherever they may be, namely:-

(a) officers and subordinate officers; and

(b) under officers and other persons enrolled un-der this Act.

(2) Every person subject to this Act shall remainso subject until retired, discharged, released, removed ordismissed from the force in accordance with the provisionsof this Act and the rules.

45 of 1860.

Persons sub-ject to thisAct.

6 BSF ACT

CHAPTER-II

CONSTITUTION OF THE FORCE ANDCONDITIONS OF SERVICE OF THE

MEMBERS OF THE FORCE

4. (1) There shall be an armed force of the Unioncalled the Border Security Force for ensuring the security ofthe borders of India.

(2) Subject to the provisions of this Act, the Forceshall be constituted in such manner as may be prescribedand the conditions of service of the members of the Forceshall be such as may be prescribed.

5. (1) The general superintendence, direction andcontrol of the Force shall vest in, and be exercised by, theCentral Government and subject thereto and to the provisionsof this Act and the rules, the command and supervision ofthe Force shall vest in an officer to be appointed by the CentralGovernment as the Director-General of the force.

(2) The Director-General shall, in the dischargeof his duties under this Act, be assisted by such number ofInspectors-General, Deputy Inspectors-General,Commandants and other officers as may be appointed by theCentral Government.

6. (1) The persons to be enrolled to the Force, themode of enrolment, and the procedure for enrolment shallbe such as may be prescribed by the Central Government.

(2) Notwithstanding anything contained in this Actand the rules, every person who has, for a continuous period ofthree months, been in receipt of pay as a person enrolled underthis Act and borne on the rolls of the Force shall be deemed tohave been duly enrolled.

7. Every member of the Force shall be liable to serve inany part of India as well as outside India.

Constitutionof the Force.

Control, di-rection etc.

Enrolment.

Liability forservice out-side India.

BSF ACT 7

8. No member of the Force shall be at liberty,-

(a) to resign his appointment during the term ofhis engagement; or

(b) to withdraw himself from all or any of theduties of his appointment,

except with the previous permission in writing of theprescribed authority.

9. Every person subject to this Act shall hold officeduring the pleasure of the President.

10. Subject to the provisions of this Act and the rules,the Central Government may dismiss or remove from theservice any person subject to this Act.

11. (1) The Director-General or any Inspector-General may dismiss or remove from the service or reduceto a lower grade or rank or the ranks any person subject tothis Act other than an officer.

(2) An officer not below the rank of DeputyInspector General or any prescribed officer may dismiss orremove from the service any person under his command otherthan an officer or a subordinate officer of such rank or ranksas may be prescribed.

(3) Any such officer as is mentioned in sub-section (2) may reduce to a lower grade or rank or the ranksany person under his command except an officer or asubordinate officer.

(4) The exercise of any power under this sectionshall be subject to the provisions of this Act and the rules.

12. A subordinate officer, or an under-officer or otherenrolled person who is retired, discharged, released, removedor dismissed from the service shall be furnished by the officer,to whose command he is subject, with a certificate in the

Resignationand with-drawal fromthe post.

Tenure ofservice underthe Act.

Terminationof service byCentral Gov-ernment

Di smi s sa l ,removal orreduction bythe DirectorGeneral andby other of-ficers.

Certificate ofterminationof service.

8 BSF ACT

language which is the mother tongue of such person and also inHindi or English language setting forth-

(a) the authority terminating his service;

(b) the cause for such termination; and

(c) the full period of his service in the Force.

13. (1) No person subject to this Act shall, withoutthe previous sanction in writing of the Central Governmentor of the prescribed authority,-

(a) be a member of, or be associated in any waywith, any trade union, labour union, political association orwith any class of trade unions, labour unions or politicalassociations; or

(b) be a member of, or be associated in any waywith, any society, institution, association or organisation thatis not recognised as part of the Force or is not of a purelysocial, recreational or religious nature; or

(c) communicate with the press or publish orcause to be published any book, letter or other documentexcept where such communication or publication is in thebonafide discharge of his duties or is of a purely literary,artistic or scientific character or is of a prescribed nature.

Explanation:- If any question arises as to whetherany society, institution, association or organisation is of apurely social, recreational or religious nature under clause(b) of this sub-section, the decision of the CentralGovernment thereon shall be final.

(2) No person subject to this Act shall participatein, or address, any meeting or take part in any demonstrationorganised by any body of persons for any political purposesor for such other purposes as may be prescribed.

Restrictionsr e s p e c t i n gright to formassociation,freedom ofspeech, etc.

BSF ACT 9

CHAPTER-III

OFFENCES

14. Any person subject to this Act who commits any ofthe following offences, that is to say:-

(a) shamefully abandons or delivers up any post,place or guard, committed to his charge orwhich it is his duty to defend; or

(b) intentionally uses any means to compel orinduce any person subject to this Act or tomilitary, naval or air force law to abstain fromacting against the enemy or to discourage suchperson from acting against the enemy; or

(c) in the presence of the enemy, shamefully castsaway his arms, ammunition, tools orequipment or misbehaves in such manner asto show cowardice; or

(d) treacherously holds correspondence with orcommunicates intelligence to, the enemy orany person in arms against the Union; or

(e) directly or indirectly assists the enemy withmoney, arms, ammunition, stores or suppliesor in any other manner whatsoever; or

(f) in time of active operation against the enemy,intentionally occasions a false alarm inaction, camp, quarters, or spreads or causesto be spread reports calculated to create alarmor despondency; or

(g) in time of action leaves his Commandant orother superior officer or his post, guard,picket, patrol or party without being regularlyrelieved or without leave; or

(h) having been captured by the enemy or madea prisoner of war, voluntarily serves with oraids the enemy; or

Offences inrelation to theenemy andpunishablewith death.

10 BSF ACT

(i) knowingly harbours or protects an enemy notbeing a prisoner; or

(j) being a sentry in time of active operationagainst the enemy or alarm, sleeps upon hispost or is intoxicated; or

(k) knowingly does any act calculated to imperilthe success of the Force or the military, navalor air forces of India or any forces co-operating therewith or any part of such forces,

shall, on conviction by a Security Force Court, beliable to suffer death or such less punishment as is in thisAct mentioned.

15. Any person subject to this Act who commits any ofthe following offences, that is to say,-

(a) is taken prisoner or captured by the enemy,by want of due precaution or throughdisobedience of orders, or wilful neglect ofduty, or having been taken prisoner or socaptured fails to rejoin his service when ableto do so; or

(b) without due authority holds correspondencewith, or communicates intelligence to, theenemy or any person in league with theenemy or having come by the knowledge ofany such correspondence or communication,wilfully omits to discover it immediately tohis Commandant or other superior officer,

shall, on conviction by a Security Force Court, be liable tosuffer imprisonment for a term which may extend to fourteenyears or such less punishment as is in this Act mentioned.


(a) forces a safeguard, or forces or uses criminalforce to a sentry; or

Offences inrelation to theenemy andnot punish-able withdeath.

O f f e n c e spunishablemore se-verely on ac-tive duty thanat othertimes.

BSF ACT 11

(b) breaks into any house or other place in searchof plunder; or

(c) being a sentry sleeps upon his post, or isintoxicated; or

(d) without orders from his superior officer leaveshis guard, picket, patrol or post; or

(e) intentionally or through neglect occasions afalse alarm in camp or quarters, or spreadsor causes to be spread reports calculated tocreate unnecessary alarm or despondency; or

(f) makes known the parole, watchword orcountersign to any person not entitled toreceive it; or knowingly gives a parole,watch-word or countersign different fromwhat he received.

shall, on conviction by a Security Force Court:-

(A) If he commits any such offence when on activeduty, be liable to suffer imprisonment for a termwhich may extend to fourteen years or such lesspunishment as is in this Act mentioned; and

(B) If he commits any such offence when not onactive duty, be liable to suffer imprisonment fora term which may extend to seven years or suchless punishment as is in this Act mentioned.


(a) begins, incites, causes or conspires with anyother person to cause any mutiny in the Forceor in the military, naval or air forces of Indiaor any forces co-operating therewith; or

(b) joins in any such mutiny; or(c) being present at any such mutiny, does not use

his utmost endeavour to suppress the same; or

Mutiny.

12 BSF ACT

(d) knowing or having reason to believe in theexistence of any such mutiny, or of anyintention to mutiny or of any such conspiracy,does not, without delay, give informationthereof to his Commandant or other superiorofficer; or

(e) endeavours to seduce any person in the Forceor in the military, naval or air forces of Indiaor any forces co-operating therewith from hisduty or allegiance to the Union;

shall, on conviction by a Security Force Court, be liable tosuffer death or such less punishment as is in this Actmentioned.

18. (1) Any person subject to this Act who desertsor attempts to desert the service shall, on conviction by aSecurity Force Court,-

(a) if he commits the offence when on active dutyor when under orders for active duty, be liableto suffer death or such less punishment as isin this Act mentioned; and

(b) if he commits the offence under any othercircumstances, be liable to sufferimprisonment for a term which may extendto seven years or such less punishment as isin this Act mentioned.

(2) Any person subject to this Act who knowinglyharbours any such deserter shall, on conviction by a SecurityForce Court, be liable to suffer imprisonment for a term whichmay extend to seven years or such less punishment as is inthis Act mentioned.

(3) Any person subject to this Act who, beingcognizant of any desertion or attempt at desertion of a personsubject to this Act, does not forthwith give notice to his ownor some other superior officer, or take any steps in his power

Desertionand aidingdesertion.

BSF ACT 13

to cause such person to be apprehended, shall, on conviction bya Security Force Court, be liable to suffer imprisonment for aterm which may extend to two years or such less punishment asis in this Act mentioned.


(a) absents himself without leave; or(b) without sufficient cause overstays leave

granted to him; or(c) being on leave of absence and having

received information from the appropriateauthority that any battalion or part thereof orany other unit of the Force, to which hebelongs, has been ordered on active duty,fails, without sufficient cause, to rejoinwithout delay; or

(d) without sufficient cause fails to appear at thetime fixed at the parade or place appointedfor exercise or duty; or

(e) when on parade, or on the line of march,without sufficient cause or without leavefrom his superior officer, quits the parade orline of march; or

(f) when in camp or elsewhere, is found beyondany limits fixed, or in any place prohibited,by any general, local or other order, withouta pass or written leave from his superiorofficer; or

(g) without leave from his superior officer orwithout due cause, absents himself from anyschool when duly ordered to attend there,

shall, on conviction by a Security Force Court, be liable tosuffer imprisonment for a term which may extend to threeyears or such less punishment as is in this Act mentioned.20. Any person subject to this Act who commits any of thefollowing offences, that is to say,-

(a) uses criminal force to or assaults his superior

Absencewithoutleave.

14 BSF ACT

officer; or(b) uses threatening language to such officer; or(c) uses insubordinate language to such officer;

shall, on conviction by a Security Force Court,-

(A) if such officer is at the time in the executionof his office or, if the offence is committed on active duty, beliable to suffer imprisonment for a term which may extendto fourteen years or such less punishment as is in this Actmentioned; and

(B) in other cases, be liable to sufferimprisonment for a term which may extend to ten years orsuch less punishment as is in this Act mentioned.

Provided that in the case of an offence specified inclause (c), the imprisonment shall not exceed five years.

21. (1) Any person subject to this Act who disobeysin such manner as to show a wilful defiance of authority anylawful command given personally by his superior officer inthe execution of his office whether the same is given orally,or in writing or by signal or otherwise, shall on convictionby a Security Force Court, be liable to suffer imprisonmentfor a term which may extend to fourteen years or such lesspunishment as is in this Act mentioned.

(2) Any person subject to this Act who disobeysany lawful command given by his superior officer shall, onconviction by a Security Force Court,-

(a) if he commits such offence when on activeduty, be liable to suffer imprisonment for a term which mayextend to fourteen years or such less punishment as is in thisAct mentioned; and

(b) if he commits such offence when not on ac-tive duty, be liable to suffer imprisonment for a term whichmay extend to five years or such less punishment as is in thisAct mentioned.22. Any person subject to this Act who commits any of thefollowing offences, that is to say,-

Disobedienceto superiorofficer.

Striking orthreateningsuperior of-ficers.

BSF ACT 15

Insubordina-tion andobstruction.

(a) being concerned in any quarrel, affray or disorder,refuses to obey any officer, though of inferiorrank, who orders him into arrest, or uses criminalforce to or assaults any such officer; or

(b) uses criminal force to, or assaults any person,whether subject to this Act or not, in whose cus-tody he is lawfully placed, and whether he is or isnot his superior officer; or

(c) resists an escort whose duty it is to apprehendhim or to have him in charge; or

(d) breaks out of barracks, camp or quarters; or(e) neglects to obey any general, local or other

order; or(f) impedes the Force Police referred to in sec-

tion 63 or any person lawfully acting on hisbehalf, or when called upon, refuses to assistin the execution of his duty a Force Police orany person lawfully acting on his behalf,

shall, on conviction by a Security Force Court, be liable tosuffer imprisonment for a term which may extend, in thecase of the offences specified in clauses (d) and (e), to twoyears, and in the case of the offences specified in the otherclauses, to ten years, or in either case such less punishmentas is in this Act mentioned.

23. Any person having become subject to this Act whois discovered to have made at the time of enrolment a wilfullyfalse answer to any question set forth in the prescribed formof enrolment which has been put to him by the enrollingofficer before whom he appears for the purpose of beingenrolled, shall, on conviction by a Security Force Court, beliable to suffer imprisonment for a term which may extendto five years or such less punishment as is in this Actmentioned.24. Any person subject to this Act who commits any of thefollowing offences, that is to say,-

(a) is guilty of any disgraceful conduct of a cruel,

False an-swers on en-rolment

16 BSF ACT

indecent or unnatural kind; or(b) malingers, or feigns, or produces disease or

infirmity in himself or intentionally delays hiscure or aggravates his disease or infirmity;or

(c) with intent to render himself or any other personunfit for service, voluntarily causes hurt to himselfor that person,

shall, on conviction by a Security Force Court, be liable tosuffer imprisonment for a term which may extend to sevenyears or such less punishment as is in this Act mentioned.

25. Any officer, subordinate officer or under-officer, whouses criminal force to or otherwise ill-treats any person subjectto this Act, being his subordinate in rank or position, shall,on conviction by a Security Force Court, be liable to sufferimprisonment for a term, which may extend to seven yearsor such less punishment as is in this Act mentioned.

26. Any person subject to this Act who is found in a stateof intoxication, whether on duty or not, shall, on convictionby a Security Force Court, be liable to suffer imprisonmentfor a term which may extend to six months or such lesspunishment as is in this Act mentioned.


(a) when in command of a guard, picket, patrolor post, releases without proper authority,whether wilfully or without reasonableexcuse, any person committed to his charge,or refuses to receive any prisoner or personso committed; or

(b) wilfully or without reasonable excuse allows toescape any person who is committed to hischarge, or whom it is his duty to keep or guard,

Certain formsof disgracefulconduct.

Ill-treating asubordinate.

Intoxication.

Pe rmi t t ingescape ofperson incustody.

BSF ACT 17

shall, on conviction by a Security Force Court, be liable, if actedwilfully, to suffer imprisonment for a term which may extend toten years or such less punishment as is in this Act mentioned; andif he has not acted wilfully, to suffer imprisonment for a termwhich may extend to two years or such less punishment as is inthis Act mentioned.


(a) unnecessarily detains a person in arrest orconfinement without bringing him to trial,or fails to bring his case before the properauthority for investigation; or

(b) having committed a person to Force custodyfails without reasonable cause to deliver atthe time of such committal, or as soon aspracticable, and in any case within forty-eighthours thereafter, to the officer or other personinto whose custody the person arrested iscommitted, an account in writing signed byhimself of the offence with which the personso committed is charged,

shall, on conviction by a Security Force Court, be liable tosuffer imprisonment for a term which may extend to oneyear or such less punishment as is in this Act mentioned.

29. Any person subject to this Act who, being in lawfulcustody, escapes or attempts to escape, shall, on convictionby a Security Force Court, be liable to suffer imprisonmentfor a term which may extend to three years or such lesspunishment as is in this Act mentioned.


(a) commits theft of any property belonging to theGovernment, or to any Force mess, band or in-stitution, or to any person subject to this Act; or

(b) dishonestly misappropriates or converts to his

Irregularityin connectionwith arrest orconfinement.

Escape fromcustody.

Offences inrespect ofproperty.

18 BSF ACT

own use any such property; or

(c) commits criminal breach of trust in respect ofany such property; or

(d) dishonestly receives or retains any suchproperty in respect of which any of theoffences under clauses (a), (b) and (c) hasbeen committed, knowing or having reasonto believe the commission of such offence;or

(e) wilfully destroys or injures any property ofthe Government entrusted to him; or

(f) does any other thing with intent of defraud,or to cause wrongful gain to one person orwrongful loss to another person,

shall, on conviction by a Security Force Court, be liable tosuffer imprisonment for a term which may extend to ten yearsor such less punishment as is in this Act mentioned.


(a) commits extortion; or(b) without proper authority exacts from any

person money, provisions or service,



(a) makes away with, or is concerned in makingaway with, any arms, ammunition,equipment, instruments, tools, clothing or anyother thing being the property of theGovernment issued to him for his use orentrusted to him; or

Extortionandcorruption.

Makingaway withequipment.

BSF ACT 19

(b) loses by neglect anything mentioned in clause(a); or

(c) sells, pawns, destroys or defaces any medalor decoration granted to him,

shall, on conviction by a Security Force Court, be liable tosuffer imprisonment for a term which may extend, in thecase of the offences specified in clause (a), to ten years, andin the case of the offences specified in the other clauses, tofive years or in either case such less punishment as is in thisAct mentioned.


(a) destroys or injures any property mentionedin clause (a) of section 32, or any propertybelonging to any Force mess, band orinstitution, or to any person subject to thisAct; or

(b) commits any act which causes damage to, ordestruction of, any property of theGovernment by fire; or

(c) kills, injures, makes away with, ill-treats orloses any animal entrusted to him,

shall, on conviction by a Security Force Court, be liable, ifhe has acted wilfully, to suffer imprisonment for a term whichmay extend to ten years or such less punishment as is in thisAct mentioned; and if he has acted without reasonable excuse,to suffer imprisonment for a term which may extend to fiveyears or such less punishment as is in this Act mentioned.34. Any person subject to this Act who commits any of thefollowing offences, that is to say,-

(a) makes a false accusation against any personsubject to this Act, knowing or having reasonto believe such accusation to be false; or

Injury toproperty.

20 BSF ACT

(b) in making a complaint against any person subjectto this Act makes any statement affecting thecharacter of such person, knowing or havingreason to believe such statement to be false, orknowingly and wilfully suppresses any materialfacts,

shall, on conviction by a Security Force Court, be liable tosuffer imprisonment for a term which may extend to threeyears or such less punishment as is in this Act mentioned.


(a) in any report, return, list, certificate, book orother document made or signed by him, orof the contents of which it is his duty toascertain the accuracy, knowingly makes, oris privy to the making of, any false orfraudulent statement; or

(b) in any document of the description mentionedin clause (a) knowingly makes, or is privy tothe making of, any omission, with intent todefraud; or

(c) knowingly and with intent to injure anyperson, or knowingly and with intent todefraud, suppresses, defaces, alters or makesaway with any document which it is his dutyto preserve or produce; or

(d) where it is his official duty to make adeclaration respecting any matter, knowinglymakes a false declaration; or

(e) obtains for himself, or for any other person,any pension, allowance or other advantageor privilege by a statement which is false, andwhich he either knows or believes to be falseor does not believe to be true, or by making

False accusa-tions.

Falsifying of-ficial docu-ments andfalse declara-tions.

BSF ACT 21

or using a false entry in any book or record, orby making any document containing a falsestatement, or by omitting to make a true entryor document containing a true statement,



(a) when signing any document relating to pay,arms, ammunition, equipment, clothing,supplies or stores, or any property of theGovernment fraudulently leaves in blank anymaterial part for which his signature is avoucher; or

(b) refuses or by culpable neglect omits to makeor send a report or return which it is his dutyto make or send,



(a) being duly summoned or ordered to attend asa witness before a Security Force Court,wilfully or without reasonable excuse, makesdefault in attending; or

(b) refuses to take an oath or make an affirmationlegally required by a Security Force Court tobe taken or made; or

(c) refuses to produce or deliver any documentin his power or control legally required by aSecurity Force Court to be produced ordelivered by him; or

Signing inblank andfailure to re-port.

Offences re-lating to Se-curity ForceCourt.

22 BSF ACT

(d) refuses, when a witness, to answer any questionwhich he is by law bound to answer; or

(e) is guilty of contempt of the Security ForceCourt by using insulting or threateninglanguage, or by causing any interruption ordisturbance in the proceedings of such court,


38. Any person subject to this Act who, having beenduly sworn or affirmed before any Security Force Court orother court competent under this Act to administer an oathor affirmation, makes any statement which is false, andwhich he either knows or believes to be false or does notbelieve to be true, shall, on conviction by a Security ForceCourt, be liable to suffer imprisonment for a term whichmay extend to seven years or such less punishment as is inthis Act mentioned.

39. Any officer, subordinate officer or an under-officerwho, having received the pay of a person subject to this Actunlawfully detains or refuses to pay the same when due, shall,on conviction by a Security Force Court be liable to sufferimprisonment for a term which may extend to five years orsuch less punishment as is in this Act mentioned.

40. Any person subject to this Act who is guilty of anyact or omission which, though not specified in this Act, isprejudicial to good order and discipline of the Force shall,on conviction by a Security Force Court, be liable to sufferimprisonment for a term which may extend to seven yearsor such less punishment as is in this Act mentioned.


(a) being in command at any post or on the march,and receiving a complaint that any one under hiscommand has beaten or otherwise maltreatedor oppressed any person, or has disturbed any

False evi-dence.

U n l a w f u ldetention ofpay.

Violation ofgood orderand disci-pline.

M i s c e l l a -neous of-fences.

BSF ACT 23

fair or market, or committed any riot or trespass,fails to have due reparation made to the injuredperson or to report the case to the properauthority; or

(b) by defiling any place of worship, or otherwise,intentionally insults the religion, or wounds thereligious feelings of, any person; or

(c) attempts to commit suicide, and in such attemptdoes any act towards the commission of suchoffence; or

(d) being below the rank of subordinate officer, whenoff duty, appears without proper authority, in orabout camp, or in or about, or when going to,or returning from, any town or bazaar, carryinga rifle, sword or other offensive weapon; or

(e) directly or indirectly accepts or obtains or agreesto accept, or attempts to obtain, for himself orfor any other person, any gratification as amotive or reward for procuring the enrolmentof any person, or leave of absence, promotionor any other advantage or indulgence for anyperson in the service; or

(f) commits any offence against the property orperson of any inhabitant of, or resident in,the country in which he is serving,

shall, on conviction by a Security Force Court, be liableto suffer imprisonment for a term which may extend toseven years or such less punishment as is in this Actmentioned.

42. Any person subject to this Act who attempts tocommit any of the offences specified in sections 14 to 41(both inclusive) and in such attempt does any act towards thecommission of the offence;

shall, on conviction by a Security Force Court, where noexpress provision is made by this Act for the punishment ofsuch attempt, be liable,-

Attempt.

24 BSF ACT

(a) if the offence attempted to be committed ispunishable with death, to sufferimprisonment for a term which may extendto fourteen years or such less punishment asis in this Act mentioned; and

(b) if the offence attempted to be committed ispunishable with imprisonment, to sufferimprisonment for a term which may extendto one-half of the longest term provided forthat offence or such less punishment as is inthe Act mentioned.

43. Any person subject to this Act who abets thecommission of any of the offences specified in sections 14to 41 (both inclusive) shall, on conviction by a Security ForceCourt, if the Act abetted is committed in consequence of theabetment and no express provision is made by this Act forthe punishment of such abetment, be liable to suffer thepunishment provided for that offence or such less punishmentas is in this Act mentioned.

44. Any person subject to this Act who abets thecommission of any of the offences punishable with deathunder sections 14, 17 and sub-section (1) of section 18 shall,on conviction by a Security Force Court, if that offence benot committed in consequence of the abetment, and noexpress provision is made by this Act for the punishment ofsuch abetment, be liable to suffer imprisonment for a termwhich may extend to fourteen years or such less punishmentas is in this Act mentioned.

45. Any person subject to this Act who abets thecommission of any of the offences specified in sections14 to 41 (both inclusive) and punishable withimprisonment shall, on conviction by a Security Force Court,if that offence be not committed in consequence of theabetment, and no express provision is made by this Act for thepunishment of such abetment, be liable to suffer imprisonmentfor a term which may extend to one-half of the longest termprovided for that offence or such less punishment as is in this

Abetment ofoffences thathave beencommitted.

Abetment ofo f f e n c e spunishablewith deathand not com-mitted.

Abetment ofoffences pun-ishable withi m p r i s o n -ment and notcommitted.

BSF ACT 25

Act mentioned.

46. Subject to the provisions of section 47, any personsubject to this Act who at any place in, or beyond India,commits any civil offence shall be deemed to be guilty of anoffence against this Act and, if charged therewith under thissection shall be liable to be tried by a Security Force Courtand, on conviction, be punishable as follows, that is to say,-

(a) if the offence is one which would bepunishable under any law in force in Indiawith death, he shall be liable to suffer anypunishment, assigned for the offence, by theaforesaid law and such less punishment as isin this Act mentioned; and

(b) in any other case, he shall be liable to sufferany punishment, assigned for the offence bythe law in force in India, or imprisonmentfor a term which may extend to seven years,or such less punishment as is in this Actmentioned.

47. A person subject to this Act who commits an offenceof murder or of culpable homicide not amounting to murderagainst, or of rape in relation to, a person not subject to thisAct shall not be deemed to be guilty of an offence againstthis Act and shall not be tried by a Security Force Court,unless he commits any of the said offences,-

(a) while on active duty; or(b) at any place outside India; or(c) at any place specified by the Central Govern-

ment by notification in this behalf.

Civil of-fences.

Civil of-fences not tri-able by a Se-curity ForceCourt.

26 BSF ACT

CHAPTER-IV

PUNISHMENT

48.(1) Punishments may be inflicted in respect of offencescommitted by persons subject to this Act and convicted bySecurity Force Courts according to the scale following, thatis to say:-

(a) death;(b) Imprisonment which may be for the term of

life or any other lesser term but excludingimprisonment for a term not exceeding threemonths in Force custody,

(c) dismissal from the service;(d) imprisonment for a term not exceeding three

months in Force custody;(e) reduction to the ranks or to a lower rank or

grade or place in this list of their rank in thecase of an under-officer;

(f) forfeiture of seniority of rank and forfeitureof all or any part of the service for the pur-pose of promotion;

(g) forfeiture of service for the purpose of in-creased pay, pension or any other prescribedpurpose;

(h) fine, in respect of civil offences;(i) severe reprimand or reprimand except in the

case of persons below the rank of an under-officer;

(j) forfeiture of pay and allowances for a periodnot exceeding three months for an offencecommitted on active duty;

(k) forfeiture in the case of person sentenced todismissal from the service of all arrears ofpay and allowances and other public moneydue to him at the time of such dismissal;

Punishmentsawardable byS e c u r i t yForce Courts.

BSF ACT 27

(l) stoppage of pay and allowances until any proved lossor damage occasioned by the offence for which he isconvicted is made good.

(2) Each of the punishments specified in sub-section (1)shall be deemed to be inferior in degree to every punishmentpreceding it in the above scale.

49. Subject to the provisions of this Act, a Security ForceCourt may, on convicting a person subject to this Act of anyof the offences specified in sections 14 to 45 (both inclusive)award either the particular punishment with which theoffence is stated in the said sections to be punishable or, inlieu thereof, any one of the punishments lower in the scaleset out in section 48 regard being had to the nature and degreeof the offence.

50. A sentence of a Security Force Court may award inaddition to, or without any one other punishment, thepunishment specified in clause (c) of sub-section (1) ofsection 48, and any one or more of the punishments specifiedin clauses (e) to (l) (both inclusive) of that sub-section.

51. When on active duty any enrolled person has beensentenced by a Security Force Court to dismissal or toimprisonment whether combined with dismissal or not, theprescribed officer may direct that such person may beretained to serve in the ranks, and such service shall bereckoned as part of his term of imprisonment if any.

52. Punishment may also be inflicted in respect ofoffences committed by persons subject to this Act withoutthe intervention of a Security Force Court in the mannerstated in sections 53 and 55.

53. Subject to the provisions of section 54, aCommandant or such other officer as is, with the consent ofCentral Government, specified by the Director-General may,

Alternativepunishmentsawardable byS e c u r i t yForce Courts.

Combinationof punish-ments.

Retention inthe Force of aperson con-victed on ac-tive duty.

Punishmentso t h e r w i s ethan by Se-curity ForceCourts.

Minor pun-ishments.

28 BSF ACT

in the prescribed manner, proceed against a person subjectto this Act, otherwise than as an officer or a subordinateofficer, who is charged with an offence under this Act andaward such person, to the extent prescribed, one or more ofthe following punishments, that is to say:-

(a) imprisonment in Force custody upto twenty-eight days;

(b) detention up to twenty-eight days;(c) confinement to the lines upto twenty-eight days;(d) extra guards or duties;(e) deprivation of any special position or special

emoluments or any acting rank or reductionto a lower grade of pay;

(f) forfeiture of good service and good conductpay;

(g) severe reprimand or reprimand;(h) fine upto fourteen day’s pay in any one month;(i) deductions from his pay of any sum required

to make good such compensation for anyexpense, loss, damage or destruction causedby him to the Central Government or to anybuilding or property as may be awarded byhis Commandant.

54. (1) In the case of an award of two or more of thepunishments specified in clauses (a), (b), (c) and (d) of section53, the punishments specified in clause (c) or clause (d) shalltake effect only at the end of the punishment specified inclause (a) or clause (b).

(2) When two or more of the punishmentsspecified in the said clauses (a), (b) and (c) are awarded to aperson conjointly, or when already undergoing one or moreof the said punishments, the whole extent of the punishmentsshall not exceed in the aggregate forty two days.

Limit of pun-ishments un-der section53.

BSF ACT 29

(3) The punishments specified in the said clauses(a), (b) and (c) shall not be awarded to any person who is ofthe rank of an under officer or was, at the time of committingthe offence for which he is punished, of such rank.

(4) The punishment specified in clause (g) ofsection 53 shall not be awarded to any person below the rankof an under-officer.

55. (1) An officer not below the rank of the DeputyInspector-General or such other officer as is, with the consentof the Central government, specified by the Director-Generalmay, in the prescribed manner, proceed against a person ofor below the rank of a subordinate officer who is chargedwith an offence under this Act and award one or more of thefollowing punishments, that is to say:-

(a) forfeiture of seniority, or in the case of any ofthem whose promotion depends upon thelength of service forfeiture of service for thepurpose of promotion for a period notexceeding twelve months, but subject to theright of the accused person to the award toelect to be tried by a Security Force Court;

(b) severe reprimand or reprimand;(c) stoppage of pay and allowances until any

proved loss or damage occasioned by theoffence of which he is convicted is madegood.

(2) In every case in which punishment has beenawarded under sub-section (1), certified true copies of theproceedings shall be forwarded, in the prescribed manner,by the officer awarding the punishment to the prescribedsuperior authority who may, if the punishment awardedappears to him to be illegal, unjust or excessive, cancel, vary,or remit the punishment and make such other direction asmay be appropriate in the circumstances of the case.

56. (1) Whenever any weapon or part of a weapon,or ammunition, forming part of the equipment of a unit of

Punishmentof persons ofand belowthe rank ofsubordinateofficers byDeputy In-spectors Gen-eral and oth-ers.

C o l l e c t i v efines.

30 BSF ACT

the Force, is lost or stolen, an officer not below the rank ofthe Commandant of a battalion may, after making suchenquiry as he thinks fit and subject to the rules, impose acollective fine upon the subordinate officers, under-officersand men of such unit, or upon so many of them as, in hisjudgment, should be held responsible for such loss or theft.

(2) Such fine shall be assessed as a percentageon the pay of the individuals on whom it falls.

BSF ACT 31

CHAPTER-V

ARREST AND PROCEEDINGS BEFORETRIAL

57. (1) Any person subject to this Act who is chargedwith an offence may be taken into Force custody, under theorder of any superior officer.

(2) Notwithstanding anything contained in sub-section (1), an officer may order into Force custody any otherofficer, though such other officer may be of a higher rank,engaged in a quarrel, affray or disorder.

58. (1) It shall be the duty of every Commandant totake care that a person under his command when chargedwith an offence is not detained in custody for more than forty-eight hours after the committal of such person into custodyis reported to him, without the charge being investigated,unless investigation within that period seems to him to beimpracticable having regard to the public service.

(2) The case of every person being detained incustody beyond a period of forty-eight hours, and the reasonstherefor, shall be reported by the Commandant to the DeputyInspector General under whom he is serving or such otherofficer to whom an application may be made to convene aSecurity Force Court for the trial of the person charged.

(3) In reckoning the period of forty-eight hoursspecified in sub section (1), Sundays and other public holidaysshall be excluded.

(4) Subject to the provisions of this Act, theCentral Government may make rules providing for themanner in which and the period for which any person subjectto this Act may be taken into and detained in Force custody,pending the trial by any competent authority for any offencecommitted by him.

Custody ofoffenders.

Duty ofC o m m a n -dant in re-gard to deten-tion.

32 BSF ACT

59. In every case where any such person as is mentionedin section 57 and as is not on active duty, remains in suchcustody for a longer period than eight days without a SecurityForce Court for his trial being convened, a special reportgiving reasons for the delay shall be made by hisCommandant in the manner prescribed, and a similar reportshall be forwarded at intervals of every eight days until aSecurity Force Court is convened or such person is releasedfrom custody.

60. Whenever any person subject to this Act, who isaccused of an offence under this Act, is within the jurisdictionof any magistrate or police officer, such magistrate or policeofficer shall aid in the apprehension and delivery to Forcecustody of such person upon receipt of a written applicationto that effect signed by his Commandant or an officerauthorised by the Commandant in that behalf.

61. (1) Whenever any person subject to this Actdeserts, the Commandant of the unit to which he belongs,shall give information of the desertion to such civil authoritiesas, in his opinion, may be able to afford assistance towardsthe capture of the deserter; and such authorities shallthereupon take steps for the apprehension of the said deserterin like manner as if he were a person for whose apprehensiona warrant had been issued by a magistrate, and shall deliverthe deserter, when apprehended, into Force custody.

(2) Any police officer may arrest without warrantany person reasonably believed to be subject to this Act, andto be a deserter or to be travelling without authority, andshall bring him without delay before the nearest magistrate,to be dealt with according to law.

62. (1) When any person subject to this Act has beenabsent from duty without due authority for a period of thirtydays, a court of inquiry shall, as soon as practicable, beappointed by such authority and in such manner as may beprescribed, and such court shall, on oath or affirmationadministered in the prescribed manner, inquire respecting

Interval be-tween com-mittal andtrial.

Arrest bycivil authori-ties.

Capture ofdeserters.

Inquiry intoa b s e n c ew i t h o u tleave.

BSF ACT 33

the absence of the person, and the deficiency, if any, in theproperty of the Government entrusted to his care or in anyarms, ammunition, equipment, instruments, clothing ornecessaries, and if satisfied of the fact of such absencewithout due authority or other sufficient cause, the courtshall declare such absence and the period thereof and thesaid deficiency, if any, and the Commandant of the unit towhich the person belongs shall make a record thereof inthe prescribed manner.

(2) If the person declared absent does notafterwards surrender or is not apprehended, he shall for thepurposes of this Act, be deemed to be a deserter.

63. (1) The Director-General or any prescribedofficer may appoint persons (in this Act referred to as Forcepolice) for discharging the functions specified in sub-section(2) and (3).

(2) The duties of a person appointed under sub-section (1), are to take charge of persons confined for anyoffence, to preserve good order and discipline and to preventbreaches of the same by persons serving in, or attached to,the Force.

(3) Notwithstanding anything contained insection 57, a person appointed under sub-section (1) may, atany time, arrest and detain for trial any person subject to thisAct who commits, or is charged with, an offence, and mayalso carry into effect any punishment to be inflicted inpursuance of a sentence awarded by a Security Force Courtor by an officer exercising authority under section 53 butshall not inflict any punishment on his own authority:

Provided that no officer shall be so arrested ordetained otherwise than on the order of another officer.

Force policeofficers.

34 BSF ACT

CHAPTER-VI

SECURITY FORCE COURTS

64. For the purposes of this Act there shall be three kindsof Security Force Courts, that is to say:-

(a) General Security Force Courts;(b) Petty Security Force Courts; and(c) Summary Security Force Courts.

65. A General Security Force Court may be convenedby the Central Government or the Director-General or byany officer empowered in this behalf by warrant of theDirector-General.

66. A Petty Security Force Court may be convened byan officer having power to convene a General Security ForceCourt or by an officer empowered in this behalf by warrantof any such officer.

67. A warrant, issued under section 65 or section 66 maycontain such restrictions, reservations or conditions as theofficer issuing it may think fit.

68. A General Security Force Court shall consist of notless than five officers, each of whom has held the post ofDeputy Superintendent of Police for not less than three wholeyears and of whom not less than four are of a rank not belowthat of a confirmed Deputy Superintendent of Police.

Explanation:-For the purposes of this section and section69 “Deputy Superintendent of Police” includes any post of ahigher rank and any post declared by Central Governmentby notification to be an equivalent post as also any post higherin rank than the post so declared.

69. A Petty Security Force Court shall consist of not lessthan three officers each of whom has held the post of DeputySuperintendent of Police for not less than two whole years.

Kinds of Se-curity ForceCourts.

Power toconvene aGeneral Se-curity ForceCourt.

Power toconvene apetty Secu-rity ForceCourt.

Contents ofwarrants is-sued undersections 65and 66.

Compositionof GeneralS e c u r i t yForce Court.

Compositionof a petty Se-curity FroceCourt.

BSF ACT 35

70. (1) A Summary Security Force Court may be heldby the Commandant of any unit of the Force and he aloneshall constitute the Court.

(2) The proceedings shall be attended throughoutby two other persons who shall be officers or subordinateofficers or one of either, and who shall not as such, be swornor affirmed.

71. (1) If a Security Force Court after thecommencement of a trial is reduced below the minimumnumber of officers required by this Act, it shall be dissolved.

(2) If, on account of the illness of the Law Officeror of the accused before the finding, it is impossible tocontinue the trial, a Security Force Court shall be dissolved.

(3) The officer who convened a Security ForceCourt may dissolve the same if it appears to him that theexigencies of the service or necessities of discipline renderit impossible or inexpedient to continue the said SecurityForce Court.

(4) Where a Security Force Court is dissolvedunder this section, the accused may be tried again.

72. A General Security Force Court shall have the powerto try any person subject to this Act for any offence punishablethereunder and to pass any sentence authorised thereby.

73. A Petty Security Force Court shall have power to tryany person subject to this Act other than an officer or asubordinate officer for any offence made punishablethereunder and to pass any sentence authorised by this Actother than a sentence of death, or imprisonment for a termexceeding two years.

74. (1) Subject to the provisions of sub-section (2),a Summary Security Force Court may try any offencepunishable under this Act.

SummarySecurityForce Court.

Dissolutionof a SecurityForce Court.

Powers of aGeneral Se-curity ForceCourt.

Powers of aPetty Secu-rity ForceCourt.

Powers of aSummary Se-curity ForceCourt.

36 BSF ACT

(2) When there is no grave reason for immediateaction and reference can without detriment to discipline bemade to the officer empowered to convene a Petty SecurityForce Court for the trial of the alleged offender, an officerholding a Summary Security Force Court shall not try withoutsuch reference any offence punishable under any of thesections 14, 17 and 46 of this Act, or any offence against theofficer holding the court.

(3) A Summary Security Force Court may try anyperson subject to this Act and under the command of theofficer holding the court, except an officer, or a subordinateofficer.

(4) A Summary Security Force Court may passany sentence which may be passed under this Act, exceptthe sentence of death or of imprisonment for a term exceedingthe limit specified in sub-section (5).

(5) The limit referred to in sub-section (4) shall be,-

(a) one year, if the officer holding the SecurityForce Court has held either the post of1Superintendent of Police or a post declaredby the Central Government by notificationto be equivalent thereto, for a period of notless than three years or holds a post of higherrank than either of the said posts; and

(b) three months, in any other case.

75. (1) When any person subject to this Act has beenacquitted or convicted of an offence by a Security Force Courtor by a criminal court or has been dealt with under section53 or under section 55, he shall not be liable to be tried againfor the same offence by a Security Force Court or dealt withunder the said sections.

Prohibitionof secondtrial.

1. Vide SO-592 dated 25-2-1997, post of Dy Comdt has been declaredequivalent to the post of Superintendent of Police.

BSF ACT 37

(2) When any person, subject to this Act, has beenacquitted or convicted of an offence by a Security Force Courtor has been dealt with under section 53 or section 55, heshall not be liable to be tried again by a criminal court forthe same offence or on the same facts.

76. No trial for an offence of desertion, other thandesertion on active duty, shall be commenced if the personin question, not being an officer, has subsequently to thecommission of the offence, served continuously in anexemplary manner for not less than three years with any unitof the Force.

77. (1) Where an offence under this Act had beencommitted by any person while subject to this Act, and hehas ceased to be so subject, he may be taken into and kept inForce custody and tried and punished for such offence as ifhe continued to be so subject.

(2) No such person shall be tried for an offence,unless his trial commences within six months after he hadceased to be subject to this Act:

Provided that nothing contained in this sub-sectionshall apply to the trial of any such person for an offence ofdesertion or for any of the offences mentioned in section17 or shall affect the jurisdiction of a criminal court to tryany offence triable by such court as well as by a SecurityForce Court.

78. (1) When a person subject to this Act is sentencedby a Security Force Court to imprisonment, this Act shallapply to him during the term of his sentence, though he isdismissed from the Force, or has otherwise ceased to besubject to this act, and he may be kept, removed, imprisonedand punished as if he continued to be subject to this Act.

(2) When a person subject to this Act is sentencedby a Security Force Court to death, this Act shall apply tohim till the sentence is carried out.

Period oflimitation fortrial for anoffence of de-sertion in cer-tain cases.

Trial, etc. ofoffender whoceases to besubject tothis Act.

Applicationof Act duringterm of sen-tence.

38 BSF ACT

79. Any person subject to this Act who commits anyoffence against it may be tried and punished for such offencein any place whatever.

80. When a criminal court and a Security Force Courthave each jurisdiction in respect of an offence, it shall be inthe discretion of the Director-General, or the Inspector-General or the Deputy Inspector-General within whosecommand the accused person is serving or such other officeras may be prescribed, to decide before which court theproceedings shall be instituted, and, if that officer decidesthat they shall be instituted before a Security Force Court, todirect that the accused person shall be detained in Forcecustody.

81. (1) When a criminal court having jurisdiction isof opinion that proceedings shall be instituted before itselfin 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 magistrateto be proceeded against according to law, or to postponeproceedings, pending a reference to the Central Government.

(2) In every such case the said officer shall eitherdeliver over the offender in compliance with the requisition,or shall forthwith refer the question as to the court beforewhich the proceedings are to be instituted, for the deter-mination of the Central Government whose order upon suchreference shall be final.

Choice be-tween crimi-nal court andS e c u r i t yForce Court.

Power ofC r i m i n a lcourt to re-quire deliv-ery of of-fender.

Place of trial.

BSF ACT 39

CHAPTER-VII

PROCEDURE OF SECURITY FORCECOURTS

82. At every General Security Force Court or PettySecurity Force Court, the senior member shall be thepresiding officer.

83. Every General Security Force Court shall, and everyPetty Security Force Court may, be attended by a Law Officer,or if no such officer is available an officer approved by theChief Law Officer, or a Law Officer.

84. (1) At all trials by a General Security Force Courtor by a Petty Security Force Court, as soon as the court isassembled, the names of the presiding officer and membersshall be read over to the accused, who shall thereupon beasked whether he objects to being tried by any officer sittingon the court.

(2) If the accused objects to such officer, hisobjection and also the reply thereto of the officer objected toshall be heard and recorded, and the remaining officers ofthe court shall, in the absence of the challenged officer decideon the objection.

(3) If the objection is allowed by one-half or moreof the votes of the officers entitled to vote, the objectionshall be allowed, and the member objected to shall retire,and his vacancy may be filled in the prescribed manner, byanother officer subject to the same right of the accused toobject.

(4) When no challenge is made, or when achallenge has been made and disallowed, or the place of everyofficer successfully challenged has been filled by anotherofficer to whom no objection is made or allowed, the courtshall proceed with the trial.

Presiding Of-ficer.

Law Officers.

Challenges.

40 BSF ACT

85. (1) An oath or affirmation in the prescribedmanner shall be administered to every member of everySecurity Force Court and to the Law Officer or as the casemay be the officer approved under section 83, before thecommencement of the trial.

(2) Every person giving evidence before aSecurity Force Court shall be examined after being dulysworn or affirmed in the prescribed form.

(3) The provisions of sub-section (2) shall notapply where the witness is a child under twelve years of ageand the Security Force Court is of opinion that though thewitness understands the duty of speaking the truth, he doesnot understand the nature of an oath or affirmation.

86. (1) Subject to the provisions of sub-sections (2)and (3), every decision of a Security Force Court shall bepassed by an absolute majority of votes; and where there isan equality of votes on either the finding or the sentence, thedecision shall be in favour of the accused.

(2) No sentence of death shall be passed by aGeneral Security Force Court without the concurrence of atleast two-thirds of the members of the court.

(3) In matters, other than a challenge or thefinding or sentence, the presiding officer shall have a castingvote.

87. The Indian Evidence Act 1872 shall, subject to theprovisions of this Act, apply to all proceedings before aSecurity Force Court.

88. A Security Force Court may take judicial notice ofany matter within the general knowledge of the members asofficers of the Force.

Oaths ofmember, LawOfficer andwitness.

Voting bymembers.

1 of 1872General ruleas to evi-dence.

Judicial no-tice.

BSF ACT 41

89. (1) The convening officer, the presiding officerof a Security Force Court, the Law Officer or, as the casemay be, the officer approved under section 83 or theCommandant of the accused person may, by summons underhis hand, require the attendance, at a time and place to bementioned in the summons, of any person either to giveevidence or to produce any document or other thing.

(2) In the case of a witness who is subject to thisAct, the summons shall be sent to his Commandant and suchofficer shall serve it upon him accordingly.

(3) In the case of any other witness, the summonsshall be sent to the magistrate within whose jurisdiction hemay be, or resides, and such magistrate shall give effect tothe summons as if the witness were required in the court ofsuch a magistrate.

(4) When a witness is required to produce anyparticular document or other thing in his possession or power,the summons shall describe it with reasonable precision.

90. (1) Nothing in section 89 shall be deemed toaffect the operation of sections 123 and 124 of the IndianEvidence Act, 1872 or to apply to any letter, postcard,telegram or other document in the custody of the postal ortelegraph authorities.

(2) If any document in such custody is, in theopinion of any District Magistrate, Chief PresidencyMagistrate, High Court or Court of Sessions, wanted for thepurpose of any Security Force Court, such magistrate, orCourt, may require the postal or telegraph authorities, as thecase may be, to deliver such document to such person assuch magistrate, or Court may direct.

(3) If any such document is, in the opinion ofany other magistrate or of any Commissioner of Police orDistrict Superintendent of Police, wanted for any suchpurpose, he may require the postal or telegraph authorities,

Documentse x e m p t e dfrom produc-tion.

Summoningwitnesses.

1 of 1872

42 BSF ACT

as the case may be, to cause such search to be made for, andto detain such document pending the orders of any suchDistrict Magistrate, Chief Presidency Magistrate or HighCourt or Court of Sessions.

91. (1) Whenever, in the course of a trial by a SecurityForce Court, it appears to the court that the examination of awitness is necessary for the ends of justice, and that theattendance of such witness cannot be procured without anamount of delay, expense or inconvenience which, in thecircumstances of the case, would be unreasonable, such courtmay address the Chief Law Officer in order that a commissionto take the evidence of such witness may be issued.

(2) The Chief Law Officer may then, if he thinksnecessary, issue a commission to any district magistrate ormagistrate of the first class, within the local limits of whosejurisdiction such witness resides, to take the evidence of suchwitness.

(3) The magistrate or officer to whom thecommission is issued, or, he is the District Magistrate, he orsuch Magistrate of the first class as he appoints in this behalf,shall proceed to the place where the witness is, or shallsummon the witness before him and shall take down hisevidence in the same manner, and may for this purposeexercise the same powers, as in the trials of warrant-casesunder the code of Criminal Procedure, 1898.

(4) When the witness resides in a tribal area orin any place outside India, the commission may be issued inthe manner specified in Chapter XI of the Code of CriminalProcedure, 1898.

92. (1) The prosecutor and the accused person in anycase in which a commission is issued under section 91 mayrespectively forward any interro-gatories in writing whichthe court may think relevant to the issue, and the Magistrateor officer executing the commission shall examine thewitness upon such interrogatories.

Commissionsfor examina-tion of wit-nesses.

5 of 1898

5 of 1898.

Examinationof witness oncommission.

BSF ACT 43

(2) The prosecutor and the accused person mayappear before such Magistrate or officer by counsel, or exceptin the case of an accused person in custody, in person, andmay examine, cross-examine and re-examine, as the casemay be, the said witness.

(3) After a commission issued under section 91has been duly executed, it shall be returned, together withthe deposition of the witness examined thereunder to theChief Law Officer.

(4) On receipt of a Commission, and depositionreturned under sub-section (3), the Chief Law Officer shallforward the same to the court at whose instance thecommission was issued or, if such court has been dissolved,to any other court convened for the trial of the accused person,and the commission, the return thereto and the depositionshall be open to inspection by the prosecutor and the accusedperson, and may, subject to all just exceptions, be read inevidence in the case by either the prosecutor or the accused,and shall form part of the proceedings of the court.

(5) In every case in which a commission is issuedunder section 91, the trial may be adjourned for specifiedtime reasonably sufficient for the executions and return ofthe commission.

93. (1) A person charged before a Security ForceCourt with desertion may be found guilty of attempting todesert or of being absent without leave.

(2) A person charged before a Security ForceCourt with attempting to desert may be found guilty of beingabsent without leave.

(3) A person charged before a Security ForceCourt with using criminal force may be found guilty ofassault.

(4) A person charged before a Security ForceCourt with using threatening language may be found guiltyof using insubordinate language.

Convict ionof offence notcharged.

44 BSF ACT

(5) A person charged before a Security ForceCourt with any one of the offences specified in clauses (a),(b), (c) and (d) of section 30 may be found guilty of anyother of these offences with which he might have beencharged.

(6) A person charged before a Security ForceCourt with an offence punishable under section 46 may befound guilty of any other offence of which he might havebeen found guilty, if the provisions of the Code of CriminalProcedure, 1898, were applicable.

(7) A person charged before a Security ForceCourt with any offence under this Act may, on failure of proofof an offence having been committed in circumstancesinvolving a more severe punishment, be found guilty of thesame offence as having been committed in circumstancesinvolving a less severe punishment.

(8) A person charged before a Security ForceCourt with any offence under this Act may be found guiltyof having attempted or abetted the commission of thatoffence, although the attempt or abetment is not separatelycharged.

94. In any proceeding under this Act, any application,certificate, warrant, reply or other document purportingto be signed by an officer in the service of theGovernment shall, on production, be presumed to havebeen duly signed by the person by whom and in thecharacter in which it purports to have been signed, untilthe contrary is shown.

95. (1) Any enrolment paper purporting to be signedby an enrolling officer shall, in proceedings under this Act,be evidence of the person enrolled having given the answersto questions which he is therein represented as having given.

(2) The enrolment of such person may be provedby the production of the original or a copy of his enrolment

Presumptionas to signa-tures.

E n r o l m e n tpaper.

5 of 1898

BSF ACT 45

paper purporting to be certified to be a true copy by the officerhaving the custody of the enrolment paper.

96. (1) A letter, return or other document respectingthe service of any person in, or the dismissal or discharge ofany person from, any unit of the Force, or respecting thecircumstances of any person not having served in, or belongedto, any unit of the Force, if purporting to be signed by or onbehalf of the Central Government or the Director General,or by any prescribed officer, shall be evidence of the factsstated in such letter, return or other document.

(2) A Border Security Force list or Gazettepurporting to be published by authority shall be evidence ofthe status and rank of the officers, subordinate officers thereinmentioned, and of any appointment held by them and of thebattalion, unit or branch of the Force to which they belong.

(3) Where a record is made in any battalion bookin pursuance of this Act or of any rules made thereunder orotherwise in the discharge of official duties, and purports tobe signed by the Commandant or by the officer whose dutyit is to make such record, such record shall be evidence ofthe facts therein stated.

(4) A copy of any record in any battalion bookpurporting to be certified to be a true copy by the officerhaving custody of such book shall be evidence of suchrecord.

(5) Where any person subject to this Act is beingtried on a charge of desertion or of absence without leave,and such person has surrendered himself into the custody ofany officer or other person subject to this Act, or any unit ofthe Force, or has been apprehended by such officer or person,a certificate purporting to be signed by such officer or by theCommandant of the unit to which such person belongs, asthe case may be, and stating the fact, date and place of suchsurrender or apprehension, and the manner in which he wasdressed, shall be evidence of the matters so stated.

Presumptionas to certaindocuments.

46 BSF ACT

Evidence ofprevious con-victions andgeneral char-acter

(6) Where any person subject to this Act is beingtried on a charge of desertion or of absence without leaveand such person has surrendered himself into the custody of,or has been apprehended by, a police officer not below therank of an officer in charge of a police station, a certificatepurporting to be signed by such police officer and stating thefact, date and place of such surrender or apprehension andthe manner in which he was dressed shall be evidence of thematters so stated.

(7) Any document purporting to be a reportunder the hand of any Chemical Examiner or AssistantChemical Examiner to Government upon any matter orthing duly submitted to him for examination or analysisand report, may be used as evidence in any proceeding underthis Act.

97. (1) If at any trial for desertion or absence withoutleave, over-staying leave or not rejoining when warned forservice, the accused person states in his defence any sufficientor reasonable excuse for his unauthorised absence, and refersin support thereof to any officer in the service of theGovernment, or if it appears that any such officer is likely toprove or disprove the said statement in the defence, the courtshall address such officer and adjourn the proceedings untilhis reply is received.

(2) The written reply of any officer so referred toshall, if signed by him, be received in evidence and have thesame effect if made on oath before the court.

(3) If the court is dissolved before the receipt ofsuch reply or if the court omits to comply with the provisionsof this section, the convening officer may, at his discretion,annul the proceedings and order a fresh trial.

98. (1) When any person subject to this Act has beenconvicted by a Security Force Court of any offence, suchSecurity Force Court may inquire into, and receive, and record

Reference byaccused toGovernmentOfficer.

BSF ACT 47

evidence of any previous convictions of such person, eitherby a Security Force Court or by a criminal court, or anyprevious award of punishment under section 53 or 55, andmay further inquire into and record the general character ofsuch person and such other matters as may be prescribed.

(2) Evidence received under this section may beeither oral, or in the shape of entries in, or certified extractsfrom, books of Security Force Courts or other official records;and it shall not be necessary to give notice before trial to theperson tried that evidence as to his previous convictions orcharacter will be received.

(3) At a Summary Security Force Court, theofficer holding the trial may, if he thinks fit, record anyprevious convictions against the offender, his generalcharacter, and such other matters as may be prescribed, as ofhis own knowledge, instead of requiring them to be provedunder the foregoing provisions of this section.

99. (1) Whenever, in the course of a trial by a SecurityForce Court, it appears to the court that the person chargedis by reason of unsoundness of mind incapable of makinghis defence, or that he committed the act alleged but was byreason of unsoundness of mind incapable of knowing thenature of the act or knowing that it was wrong or contrary tolaw, the court shall record a finding accordingly.

(2) The presiding officer of the court, or, in thecase of a Summary Security Force Court, the officer holdingthe trial, shall forthwith report the case to the confirmingofficer, or to the authority empowered to deal with its findingunder section 115, as the case may be.

(3) The confirming officer to whom the case isreported under sub-section (2) may, if he does not confirmthe finding, take steps to have the accused person tried bythe same or another Security Force Court for the offencewith which he was charged.

Lunacy of ac-cused.

48 BSF ACT

Transmissionto CentralGovernmentof orders un-der section100.

(4) The authority to whom the finding of aSummary Security Force Court is reported under sub-section(2), and a confirming officer confirming the finding in anycase so reported to him shall order the accused person to bekept in custody in the prescribed manner and shall report thecase for the orders of the Central Government.

(5) On receipt of a report under-section (4), theCentral Government may order the accused person to be detainedin a lunatic asylum or other suitable place of safe custody.

100. Where any accused person, having been found byreason of unsoundness of mind to be incapable of makinghis defence, is in custody or under detention under section99, any officer prescribed in this behalf, may-

(a) if such person is in custody under sub-sec-tion (4) of section 99, on the report of a medi-cal officer that he is capable of making hisdefence, or

(b) if such person is detained in a jail undersub-section (5) of section 99, on a certifi-cate of the Inspector General of Prisons,and if such person is detained in a lunaticasylum under the said sub-section, on acertificate of any two or more of the visi-tors of such asylum and if he is detained inany other place under that sub-section, ona certificate of the prescribed authority, thathe is capable of making his defence, takesteps to have such person tried by the sameor another Security Force Court for the of-fence with which he was originally chargedor, if the offence is a civil offence, by acriminal court.

101. A copy of every order made by an officer undersection 100 for the trial of the accused shall forthwith besent to the Central Government.

Subsequentfitness of lu-natic accusedfor trial.

BSF ACT 49

102. Where any person is in custody under sub-section(4) of section 99 or under detention under sub-section (5) ofthat section:-

(a) if such person is in custody under the saidsub-section (4), on the report of a medicalofficer, or

(b) if such person is detained under the said sub-section (5), on a certificate from any of theauthorities mentioned in clause (b) of section100 that in the judgement of such officer orauthority such person may be releasedwithout danger of his doing injury to himselfor to any other person.

the Central Government may order that such person be releasedor detained in custody, or transferred to a public lunatic asylumif he has not already been sent to such an asylum.

103. Where any relative or friend of any person who isin custody under sub-section (4) of section 99 or underdetention under sub-section (5) of that section desires thathe should be delivered to his care and custody, the CentralGovernment may, upon application by such relative orfriend and, on his giving security to the satisfaction of thatGovernment that the person delivered shall be properlytaken care of, and prevented from doing injury to himselfor to any other person, and be produced for the inspectionof such officer, and at such times and places, as the CentralGovernment may direct, order such person to be deliveredto such relative or friend.

104. When any property regarding which any offenceappears to have been committed, or which appears to havebeen used for the commission of any offence, is producedbefore a Security Force Court during a trial, the court maymake such order as it thinks fit for the proper custody ofsuch property pending the conclusion of the trial, and if theproperty is subject to speedy or natural decay may, afterrecording such evidence as it thinks necessary, order it to besold or otherwise disposed of.

Release of lu-natic ac-cused.

Delivery oflunatic ac-cused to rela-tives.

Order forcustody anddisposal ofp r o p e r t ypending trial.

50 BSF ACT

105. (1) After the conclusion of a trial before anySecurity Force Court, the court or the officer confirming thefinding or sentence of such Security Force Court, or anyauthority superior to such officer, or, in the case of a SummarySecurity Force Court whose finding or sentence does notrequire confirmation, an officer not below the rank of Deputy-Inspector-General within whose command the trial was held,may make such order as it or he thinks fit for the disposal bydestruction, confiscation, delivery to any person claiming tobe entitled to possession thereof, or otherwise, of any propertyor document produced before the court or in its custody, orregarding which any offence appears to have been committedor which has been used for the commission of any offence.

(2) Where any order has been made under sub-section (1) in respect of property regarding which an offenceappears to have been committed, a copy of such order signedand certified by the authority making the same may, whetherthe trial was held within India or not, be sent to a magistratewithin whose jurisdiction such property for the time being issituated, and such magistrate shall there-upon cause the orderto be carried into effect as if it were an order passed by himunder the provisions of the Code of Criminal Procedure, 1898.

(3) In this section, the term “property” includes,in the case of property regarding which an offence appearsto have been committed not only such property as has beenoriginally in the possession or under the control of any person,but also any property into or for which the same may havebeen converted or exchanged, and anything acquired by suchconversion or exchange whether immediately or otherwise.

106. Any trial by a Security Force Court under theprovisions of this Act shall be deemed to be a judicialproceeding within the meaning of section 193 and 228 of theIndian Penal Code and the Security Force Court shall bedeemed to be a court within the meaning of sections 480 and482 of the Code of Criminal Procedure,1898.

Order for dis-posal ofproperty re-g a r d i n gwhich of-fence is com-mitted.

5 of 1898.

Powers of Se-curity ForceCourt in rela-tion to pro-ceedings un-der this Act.

45 of 1860.

5 of 1898.

BSF ACT 51

CHAPTER-VIII

CONFIRMATION AND REVISION

107. No finding or sentence of a General Security ForceCourts or a Petty Security Force Court shall be valid exceptso far as it may be confirmed as provided by this Act.

108. The findings and sentences of General Security ForceCourts may be confirmed by the Central Government or byany officer empowered in this behalf by warrant of theCentral Government.

109. The findings and sentences of Petty Security ForceCourts may be confirmed by an officer having power toconvene a General Security Force Court or by any officerempowered in this behalf by warrant of such officer.

110. A warrant issued under section 108 or section 109may contain such restrictions, reservations or conditions asthe authority issuing it may think fit.

111. Subject to such restrictions, reservations orconditions, as may be contained in any warrant issued undersection 108 or section 109, a confirming authority may, whenconfirming the sentence of a Security Force Court, mitigateor remit the punishment thereby awarded, or commute thatpunishment for any punishment or punishments lower in thescale laid down in section 48.

112. When any person subject to this Act is tried andsentenced by a Security Force Court while on board a ship,the finding and sentence so far as not confirmed and executedon board the ship, may be confirmed and executed in likemanner as if such person had been tried at the port ofdisembarkation.

113. (1) Any finding or sentence of a Security ForceCourt which requires confirmation may be once revised byorder of the confirming authority and on such revision, the

Finding andsentence notvalid, unlessconfirmed.

Power toc o n f i r mfinding and,sentence ofGeneral Se-curity ForceCourt.

Power toconfirm find-ing and sen-tence of Petty SecurityForce Court.

Limitation ofpowers ofconfirmingauthority.

Power ofconfirmingauthority tomitigate, re-mit or com-mute sen-tences.

Confirmingof findingsand sen-tences onboard a ship.

Revision offinding orsentence.

52 BSF ACT

court, if so directed by the confirming authority, may takeadditional evidence.

(2) The court, on revision, shall consist of thesame officers as were present when the original decision waspassed, unless any of those officers are unavoidably absent.

(3) In case of such unavoidable absence the causethereof shall be duly certified in the proceedings, and thecourt shall proceed with the revision, provided that, if aGeneral Security Force Court, it still consists of five officers,or, if a Petty Security Force Court, of three officers.

114. (1) Save as otherwise provided in sub-section (2),the finding and sentence of a Summary Security Force Courtshall not require to be confirmed, but may be carried outforthwith.

(2) If the officer holding the trial is of the rank ofSuperintendent of Police or of a rank declared under clause(a) of sub-section (5) of section 74 as equivalent thereto orof a lower rank and has held such rank for less than fiveyears, he shall not, except on active duty, carry into effectany sentence, until it has received the approval of an officernot below the rank of Deputy Inspector General.

115. The proceedings of every Summary Security ForceCourt shall, without delay, be forwarded to the officer notbelow the rank of Deputy Inspector-General within whosecommand the trial was held, or to the prescribed officer, andsuch officer, or the Director General or any officerempowered by him in this behalf may, for reasons based onthe merits of the case, but not on merely technical grounds,set aside the proceedings, or reduce the sentence to any othersentence which the court might have passed.

116. (1) Where a finding of guilty by a Security ForceCourt, which has been confirmed or which does not requireconfirmation, is found for any reason to be invalid or cannotbe supported by the evidence, the authority which would have

Finding andsentence of aSummary Se-curity ForceCourt.

Transmissionof proceed-ings of Sum-mary Secu-rity ForceCourts.

Alteration offinding orsentence incertain cases.

BSF ACT 53

had power under section 128 to commute the punishmentawarded by the sentence if the finding had been valid, maysubstitute a new finding and pass a sentence for the offencespecified or involved in such finding.

Provided that no such substitution shall be madeunless such finding could have been validly made by theSecurity Force Court on the charge and unless it appears thatthe Security Force Court must have been satisfied of the factsestablishing the said offence.

(2) Where a sentence passed by a Security ForceCourt which has been confirmed, or which does not requireconfirmation, not being a sentence passed in pursuance of anew finding substituted under sub-section (1), is found forany reason to be invalid, the authority referred to in sub-section (1) may pass a valid sentence.

(3) The punishment awarded by a sentencepassed under sub-section (1) or sub-section (2) shall not behigher in the scale of punishments than, or in excess of, thepunishment awarded by, the sentence for which a newsentence is substituted under this section.

(4) Any finding substituted, or any sentencepassed, under this section shall, for the purposes of this Actand the rules, have effect as if it were a finding or sentence,as the case may be, of a Security Force Court.

117. (1) Any person subject to this Act whoconsiders himself aggrieved by any order passed by anySecurity Force Court may present a petition to the officeror authority empowered to confirm any finding or sentenceof such Security Force Court, and the confirming authoritymay take such steps as may be considered necessary tosatisfy itself as to the correctness, legality or propriety ofthe order passed or as to the regularity of any proceedingto which the order relates.

R e m e d yaginst order,finding orsentence ofS e c u r i t yForce Court.

54 BSF ACT

(2) Any person subject to this Act who considershimself aggrieved by a finding or sentence of any SecurityForce Court which has been confirmed, may present a petitionto the Central Government, the Director-General, or anyprescribed officer superior in command to the one whoconfirmed such finding or sentence, and the CentralGovernment, the Director-General, or the prescribed officer,as the case may be, may pass such order thereon as it or hethinks fit.

118. The Central Government, the Director-General, orany prescribed officer may annul the proceedings of anySecurity Force Court on the ground that they are illegalor unjust.

Annulmentof proceed-ings.

BSF ACT 55

CHAPTER-IX

EXECUTION OF SENTENCE, PARDONS,REMISSION, ETC

119. In awarding a sentence of death, a Security ForceCourt shall, in its discretion direct that the offender shallsuffer death by being hanged by the neck until he be dead, orshall suffer death by being shot to death.

120. Whenever any person is sentenced by a Security ForceCourt under this Act to imprisonment, the term of his sentenceshall, whether it has been revised or not, be reckoned tocommence on the day on which the original proceedings weresigned by the presiding officer, or in the case of a SummarySecurity Force Court by the court.

121. (1) Whenever any sentence of imprisonment ispassed under this Act by a Security Force Court or wheneverany sentence of death is commuted to imprisonment, theconfirming officer or in case of a Summary Security ForceCourt the officer holding the court or such other officer asmay be prescribed shall, save as otherwise provided in sub-sections (3) and (4) direct that the sentence shall be carriedout by confinement in a civil prison.

(2) When a direction has been made under sub-section (1) the Commandant of the person under sentence orsuch other officer as may be prescribed shall forward awarrant in the prescribed form to the officer in charge of theprison in which such person is to be confined and shallarrange for his despatch to such prison with the warrant.

(3) In the case of a sentence of imprisonmentfor a period not exceeding three months and passed underthis Act by a Security Force Court, the appropriate officerunder sub-section (1) may direct that the sentence shall becarried out by confinement in Force custody instead of in acivil prison.

Form of sen-tence ofdeath.

Commence-ment of sen-tence of im-prisonment.

Execution ofsentence ofi m p r i s o n -ment.

56 BSF ACT

(4) On active duty, a sentence of imprisonmentmay be carried out by confinement in such place as theDeputy Inspector-General within whose command the personsentenced is serving or any prescribed officer, may from timeto time appoint.1121A. When any person subject to this Act is sentenced bya Security Force Court to a term of imprisonment, not beingan imprisonment in default of payment of fine, the periodspent by him in civil or Force custody doing investigation,inquiry or trial of the same case, and before the date of orderof such sentence, shall be set off against the term ofimprisonment imposed upon him, and the liability of suchperson to undergo imprisonment on such order of sentenceshall be restricted to the remainder, if any, of the term ofimprisonment imposed upon him.

122. Where a sentence of imprisonment is directed to beundergone in a civil prison the offender may be kept in Forcecustody or in any other fit place, till such time as it is possibleto send him to a civil prison.

123. Whenever, in the opinion of an officer not below therank of Deputy Inspector-General within whose commandthe trial is held, any sentence or portion of a sentence ofimprisonment cannot for special reasons, conveniently becarried out in Force custody in accordance with the provisionsof section 121, such officer may direct that such sentence orportion of sentence shall be carried out, by confinement inany civil prison or other fit place.

124. A person under sentence of imprisonment may duringhis conveyance from place to place, or when on board ship,aircraft, or otherwise, be subjected to such restraint as isnecessary for his safe conduct and removal.

125. Whenever an order is duly made under this Act settingaside or varying any sentence, order or warrant under whichany person is confined in a civil prison, a warrant inaccordance with such order shall be forwarded by the officer

Period ofcustody un-dergone by aperson to bes e t - o f fagainst thei m p r i s o n -ment.

Tempora rycustody of of-fender.

Execution ofsentence ofi m p r i s o n -ment in spe-cial cases.

Conveyanceof prisonerfrom place toplace.

Communica-tion of cer-tain orders toprison offic-ers.

47 of 1968.

1. Ins. by amendment No.35 of 2000 dated 01-9-2000.

BSF ACT 57

making the order or his staff officer or such other person asmay be prescribed, to the officer in charge of the prison inwhich such person is confined.

126. When a sentence of fine is imposed by a SecurityForce Court under section 46, a copy of such sentence signedand certified by the confirming officer, or where noconfirmation is required, by the officer holding the trial maybe sent to any magistrate in India, and such magistrate shallthereupon cause the fine to be recovered in accordance withthe provisions of the Code of Criminal Procedure, 1898, asif it were a sentence of fine imposed by such magistrate.

127. Whenever any person is sentenced to imprisonmentunder this Act, and is undergoing the sentence in any placeor manner in which he might be confined under a lawfulorder or warrant in pursuance of this Act, the confinementof such person shall not be deemed to be illegal only by reasonof informality or error in, or as respects, the order, warrantor other document, or the authority by which, or in pursuancewhereof such person was brought into, or is confined in anysuch place and any such order, warrant or document may beamended accordingly.

128. When any person subject to this Act has beenconvicted by a Security Force Court of any offence, theCentral Government or the Director-General or, in the caseof a sentence, which he could have confirmed or which didnot require confirmation, an officer not below the rank ofDeputy Inspector-General within whose command suchperson at the time of conviction was serving, or the prescribedofficer may:-

(a) either with or without conditions which theperson sentenced accepts, pardon the personor remit the whole or any part of thepunishment awarded; or

(b) mitigate the punishment awarded; or

(c) commute such punishment for any less

Execution ofsentence offine.

Informalityor error in theorder or war-rant.

Pardon andremission.

5 of 1898.

58 BSF ACT

punishment or punishments mentioned in thisAct;

(d) either with or without conditions which theperson sentenced accepts, release the personon parole.

129. (1) If any condition on which a person has beenpardoned or released on parole or a punishment has beenremitted is, in the opinion of the authority which granted thepardon, release or remission, not fulfilled, such authority maycancel the pardon, release or remission and thereupon thesentence of the court shall be carried into effect as if suchpardon, release or remission had not been granted.

(2) A person whose sentence of imprisonment iscarried into effect under the provisions of sub-section (1)shall undergo only the unexpired portion of his sentence.

130. (1) Where a person subject to this Act issentenced by a Security Force Court to imprisonment, theCentral Government, the Director-General or any officerempowered to convene a General Security Force Court maysuspend the sentence whether or not the offender has alreadybeen committed to prison or to Force custody.

(2) The authority or officer specified in sub-section (1) may, in the case of an offender so sentenced directthat until the orders of such authority or officer have beenobtained the offender shall not be committed to prison or toForce custody.

(3) The powers conferred by sub-sections (1) and(2) may be exercised in the case of any such sentence whichhas been confirmed, reduced or commuted.

131. (1) Where the sentence referred to in section 130is imposed by a Security Force Court other than a SummarySecurity Force Court, the confirming officer may, whenconfirming the sentence, direct that the offender be not

Cancellationof condi-tional par-don, releaseon parole orremission.

Suspensionof sentenceof imprison-ment.

Orders pend-ing suspen-sion.

BSF ACT 59

committed to prison or to Force custody until the orders ofthe authority or officer specified in section 130, have beenobtained.

(2) Where a sentence of imprisonment is imposedby a Summary Security Force Court, the officer holding thetrial or the officer authorised to approve of the sentence undersub-section (2) of section 114 may make the direction referredto in sub-section (1).

132. Where a sentence is suspended under section 130,the offender shall forthwith be released from custody.

133. Any period during which the sentence is undersuspension shall be reckoned as part of the term of suchsentence.

134. The authority or officer specified in section 130 may,at any time while a sentence is suspended, order-

(a) that the offender be committed to undergo theunexpired portion of the sentence; or

(b) that the sentence be remitted.

135. (1) Where a sentence has been suspended, thecase may at any time, and shall at intervals of not more thanfour months, be reconsidered by the authority or officerspecified in section 130, or by any officer not below the rankof a Deputy Inspector-General duly authorised by theauthority or officer specified in section 130.

(2) Where on such reconsideration by the officerso authorised it appears to him that the conduct of offendersince his conviction has been such as to justify a remissionof the sentence, he shall refer the matter to the authority orofficer specified in section 130.

136. Where an offender, while a sentence on him issuspended under this Act, is sentenced for any otheroffence, then:-

Release onsuspension.

C o m p u t a -tion of pe-riod of sus-pension.

Order aftersuspension.

Reconsidera-tion of caseafter suspen-sion.

Fresh sen-tence aftersuspension.

60 BSF ACT

(a) if the further sentence is also suspended underthis Act, the two sentences shall run concurrently;

(b) if the further sentence is for a period of threemonths or more and is not suspended under this Act, theoffender shall also be committed to prison or Force custodyfor the unexpired portion of the previous sentence, but bothsentences shall run concurrently; and

(c) if the further sentence is for a period of lessthan three months and is not suspended under this Act, theoffender shall be so committed on that sentence only, andthe previous sentence shall, subject to any order which maybe passed under section 134 or section 135 continue to besuspended.

137. The powers conferred by sections 130 and 134 shallbe in addition to, and not in derogation of, the power ofmitigation, remission and commutation.

138. (1) Where in addition to any other sentencethe punishment of dismissal has been awarded by aSecurity Force Court and such other sentence issuspended under section 130, then, such dismissal shallnot take effect until so ordered by the authority or officerspecified in section 130.

(2) If such other sentence is remitted undersection 134, the punishment of dismissal shall also beremitted.

Scope ofpower ofsuspension.

Effect ofsuspensionand remis-sion on dis-missal.

BSF ACT 61

CHAPTER-X

MISCELLANEOUS

139. (1) The Central government may, by general orspecial order published in the Official Gazette direct that,subject to such conditions and limitations, and within thelocal limits of such area adjoining the borders of India, asmay be specified in the order, any member of the Force may:-

(i) for the purpose of prevention of any offencepunishable under the Passport (Entry into India) Act,1920, the Registration of Foreigners Act, 1939, theCentral Excises and Sale Act, 1944, the ForeignersAct, 1946, the Foreign Exchange Regulation Act,1947, the Customs Act, 1962 or the Passports Act,1967 or of any cognizable offence punishable underany other Central Act; or

(ii) for the purpose of apprehending any person whohas committed any offence referred to in clause (i),

exercise or discharge such of the powers or duties under thatAct or any other Central Act as may be specified in the saidorder, being the powers and duties which, in the opinion ofthe Central Government, an officer of the corresponding orlower rank is by that or such other Act empowered to exerciseor discharge for the said purposes.

(2) The Central Government may, by general orspecial order published in the Official Gazette, confer orimpose, with the concurrence of the State Governmentconcerned, any of the powers or duties which may beexercised or discharged under a State Act by a police officerupon a member of the Force who, in the opinion of the CentralGovernment, holds a corresponding or higher rank.

(3) Every order made under this section shall belaid, as soon as may be after it is made, before each House ofParliament while it is in session for a total period of thirty

Powers andduties con-ferrable andi m p o s a b l eon membersof the Force.

34 of 1920.16 of 1939.1 of 1944.31 of 1946.7 of 1947.52 of 1962.15 of 1967.

62 BSF ACT

days which may be comprised in one session or in twosuccessive sessions and if, before the expiry of the sessionin which it is so laid or the session immediately following,both Houses agree in making any modification in the orderor both Houses agree that the order should not be made,the order shall thereafter have effect only in such modifiedform or be of no effect, as the case may be; so, however,that any such modification or annulment shall be withoutprejudice to the validity of anything previously done underthat order.

140. (1) In any suit or proceeding against any memberof the Force for any act done by him in pursuance of a warrantor order of a competent authority, it shall be lawful for himto plead that such act was done by him under the authority ofsuch warrant or order.

(2) Any such plea may be proved by theproduction of the warrant or order directing the act, and if itis so proved the member of the Force shall thereupon bedischarged from liability in respect of the act so done byhim, not-with-standing any defect in the jurisdiction of theauthority which issued such warrant or order.

(3) Notwithstanding anything contained in anyother law for the time being in force, any legal proceeding(whether civil or criminal) which may lawfully be broughtagainst any member of the Force for anything done orintended to be done under the powers conferred by, or inpursuance of any provision of this Act or the rules, shall becommenced within three months after the act complained ofwas committed and not otherwise, and notice in writing ofsuch proceeding and of the cause thereof shall be given tothe defendant or his superior officer atleast one month beforethe commencement of such proceeding.

141. (1) The Central Government may, by notification,make rules for the purpose of carrying into effect theprovisions of this Act.

Protection foracts of mem-bers of theForce.

Power tomake rules.

BSF ACT 63

(2) in particular and without prejudice to thegenerality of the foregoing power, such rules mayprovide for:-

(a) the constitution, governance, command anddiscipline of the Force;

(b) the enrolment of persons to the Force and therecruitment of other members of the Force;

(c) the conditions of service (includingdeductions from pay and allowances) ofmembers of the Force;

(d) the rank, precedence, powers of commandand authority of the officers, subordinateofficers, under-officers and other personssubject to this Act;

(e) the removal, retirement, release or dischargefrom the service of persons subject to thisAct;

(f) the purposes and other matters required to beprescribed under section 13;

(g) the convening, constitution, adjournment,dissolution and sittings of Security ForceCourts, the procedure to be observed in trialsby such courts, the persons by whom anaccused may be defended in such trials andthe appearance of such persons there at;

(h) the confirmation, revision and annulment of,and petitions against, the finding andsentences of Security Force Courts;

(i) the forms or orders to be made under theprovisions of this Act relating to SecurityForce Courts and the awards and inflictionof death, imprisonment and detention;

(j) the carrying into effect of sentences ofSecurity Force Courts;

64 BSF ACT

(k) any matter necessary for the purpose ofcarrying this Act into execution, as far as itrelates to the investigation, arrest, custody,trial and punishment of offences triable orpunishable under this Act;

(l) the ceremonials to be observed and marks ofrespect to be paid in the Force;

(m) the convening of, the constitution, procedureand practice of, Courts of inquiry, thesummoning of witnesses before them and theadministration of oaths by such Courts;

(n) the recruitment and conditions of service ofthe Chief Law Officer and the Law Officers;

(o) any other matter which is to be, or may beprescribed or in respect of which this Actmakes no provision or makes insufficientprovision and provision is, in the opinion ofthe Central Government, necessary for theproper implementation of this Act.

(3) Every rule made under this Act shall be laid,as soon as may be after it is made, before each House ofParliament while it is in session for a total period of thirtydays which may be comprised in one session or in twosuccessive sessions and if, before the expiry of the sessionin which it is so laid or the session immediately following,both Houses agree in making any modification in the rule orboth Houses agree that the rule should not be made, the ruleshall thereafter have effect only in such modified form or beof no effect, as the case may be; so, however, that any suchmodification or annulment shall be without prejudice to thevalidity of anything previously done under that rule.

142. (1) The Border Security Force in existence at thecommencement of this Act shall be deemed to be the Forceconstituted under this Act.

(2) Members of the Border Security Force inexistence at the commencement of this Act shall be deemed

Provisions asto existingBorder Secu-rity Force.

65

to have been appointed or as the case may be, enrolled assuch under this Act.

(3) Anything done or any action taken before thecommencement of this Act in relation to the constitution ofthe Border Security Force referred to in sub-section (1), inrelation to any person appointed or enrolled, as the case maybe, thereto, shall be as valid and as effective in law as if suchthing or action was done or taken under this Act.

Provided that nothing in this sub-section shall renderany person guilty of any offence in respect of anything doneor omitted to be done by him before the commencement ofthis Act.