The Border Security Force Act,1968 (Bare Act)/ Universal Law Publishing

THE BORDER SECURITY FORCE ACT, 1968
CHAPTER I
PRELIMINARY
1. Short title and commencement
2. Definitions
3. Persons subject to this Act
CHAPTER II
CONSTITUTION OF THE FORCE AND CONDITIONS OF SERVICE
OF THE MEMBERS OF THE FORCE
4. Constitution of the Force
5. Control, direction, etc.
6. Enrolment
7. Liability for service outside India
8. Resignation and withdrawal from the post
9. Tenure of service under the Act
10. Termination of service by Central Government
11. Dismissal, removal or reduction by the Director-General and by other officers
12. Certificate of termination of service
13. Restrictions respecting right to form association, freedom of speech, etc.
CHAIH-ER III
OFFENCES
Offences in relation to the enemy and punishable with death
Offences in relation to the enemy and not punishable with death
Offences punishable more severely on active duty than at other times
Mutiny
Desertion and aiding desertion
Absence without leave
Striking or threatening superior officers
Disobedience to sup>erior officer
Insubordination and obstruction
False answers on enrolment

Certain forms of disgraceful conduct
Ill-treating a subordinate
Intoxication

27. Permitting escape of person in custody
28. Irregularity in connection with arrest or confinement
29. Escape from custody
30. Offences in respect of property
31. Extortion and corruption
32. Making away with equipment
33. Injury to property
34. False accusations
35. Falsifying official documents and false declarations
36. Signing in blank and failure to report
37. Offences relating to Security Force Court
38. False evidence
39. Unlawful detention of pay
40. Violation of good order and discipline
41. Miscellaneous offences
42. Attempt
43. Abetment of offences that have been committed 44. Abetment of offeHces punishable with death and not committed 45. Abetment of offences punishable with imprisonment and not committed
46. Civil offences
47. Civil offences not triable by a Security Force Court .

CHAPTER IV
PUNISHMENTS
48. Punishments awardable by Security Force Courts 49. Alternative punishments awardable by Security Force Courts
50. Combination of punishments 51. Retention in the Force of a person convicted on active duty 52. Punishments otherwise than by Security Force Courts
53. Minor punishments 54. Limit of punishments under section 53 55. Punishment of persons of and below the rank of subordinate officers by Deputy Inspector-General and other
56. Collective fines

CHAPTER V ARREST AND PROCEEDINGS BEFORE TRIAL 57. Custody of offenders * 58 Duty of Commandant in regard to detention 59 Interval between committal and trial

60. Arrest by civil authorities
61. Capture of deserters
62. Inquiry into absence without leave
63. Force police officers

CHAPTER VI
SECURITY FORCE COURTS 64. Kinds of Security Force Courts . . ^ 65. Power to convene a General Security Force Court . 66. Power to convene a Petty Security Force Court
67. Contents of warrants issued under sections 65 and 66 68. Composition of General Security Force Court 69. Composition of a Petty Security Force Court
70. Summary Security Force Court
71. Dissolution of a Security Force Court 72. Powers of a General Security Force Court
73. Powers of a Petty Security Force Court 74. Powers of a Summary Security Force Court
' 75. Prohibition of second trial
76. Period of limitation for trial for an offence of desertion in certain cases 77. Trial, etc., of offender who ceases to be subject to this Act
78. Application ofAct during term of sentence
79. Place of trial 80. Choice between criminal court and Security Force Court 81. Power ofcriminal court to require delivery of offender

CHAPTER VII PROCEDURE OF SECURITY FORCE COURTS
82. Presiding officer
83. Law Officer
84. Challenge
85. Oaths of member, Law Officer and witness
86. Voting by members
87. General rule as to evidence
88. Judicial notice
89. Summoning witnesses
90. Documents exempted from production
91. Commissions for examination of witnesses
92. Examination of witness on commission
93. Conviction of offence not charged

94. Presumption as to signatures
95. Enrolment paper
96. Presumption as to certain documents
97. Reference by accused to Government Officer . . y.
98. Evidence of previous convictions and general character
99. Lunacy of accused
100. Subsequent fitness of lunatic accused for trial
101. Transmission to Central Government of orders under section 100
102. Release of lunatic accused
103. Delivery of lunatic accused to relatives
104. Order for custody and disposal of property pending trial
105. Order for disposal of property regarding which offence is committed
106. Powers of Security Force Court in relation to proceedings under this Act

CHAPTER VIII
CONFIRMATION AND REVISION
107. Finding and sentence not valid, unless confirmed .
108. Power to confirm finding and, sentence of General Security Force Court
109. Power to confirm finding and sentences of Petty Security Force Court
110. Limitation of powers of confirming authority
111. Power of confirming authority to mitigate, remit or commute sentences
112. Confirming of finding and sentences on board a ship
113. Revision of finding or sentence
114. Finding and sentence of a Summary Security Force Court 115. Transmission of proceedings of Summary Security Force Courts
116. Alteration of finding or sentence in certain cases . 117. Remedy against order, finding or sentence of Security Force Court
118. Annulment of proceedings

CHAPTER IX
EXECUTION OF SENTENCE, PARDONS, REMISSIONS, ETC.
119. Form of sentence of death
120. Commencement of sentence of imprisonment
121. Execution of sentence of imprisonment 121 A. Period of Custody undergone by a person to be set-off against the imprisonment
122. Temporary custody of offender
123. Execution of sentence pf imprisonment in special cases 124. Conveyance of prisoner from place to place
125. Communication of certain orders to prison officers .
126. Execution of sentence of fine
127. Informality or error in the order or warrant
128. Pardon and remission

129. Cancellation of conditional pardon, release on parole or remission
131. Orders pending suspension
132. Release on suspension 133. Computation of period of suspension
134. Order after suspension
135. Reconsideration of case after suspension
136. Fresh sentence after suspension
137. Scope of power of suspension
138. Effect of suspension and remission on dismissal
CHAPTER X
. MISCELLANEOUS
139. Powers and duties conferable and imposable on members of the Force
140. Protection for acts of members of the Force
141. Power to make rules
142. Provisions as to existing Border Security Force
THE BORDER SECURITY FORCE RULES, 1969

Rules
CHAPTER I
PRELIMINARY
1. Short title and application
2. Definitions •
3. Reports and applications
4. Forms in appendices 5. Exercise of power vested in holder of an office in the Force .
6. Case unprovided for
CHAPTER II
RECRUITMENT
7. Ineligibility
8. Ineligibility of aliens 9. Appointment of officers
10. Probation 11. Appointment of Subordinate officers and other officers
llA. Commissions
12. Enrolling officers ^
13. Procedure for enrolment, mode of enrolment and other matters connected therewitn
CHAPTER III
ORGANISATION
14. Constitution of the Force

14A. Ranks
15. The task of the Force and command and control thereto
16. Command
CHAPTER IV
TERMINATION OF SERVICE
17. Retirement on grounds of unsuitabiilty 18. Retirement on grounds of physical unfitness
19. Resignation
20. Termination of service for misconduct
21. Procedure before the Enquiry Officer 22. Imposition of penalty
23. Dismissal, or removal by Central Government
23A. Termination of service on conviction on a criminal charge
24. Retirement of subordinate officers and enrolled persons
25. Retirement of subordinate officers and enrolled persons on grounds of physical unfitness
26. Retirement of enrolled persons on grounds of unsuitability
27. Retirement of subordinate officers on grounds of unsuitability 28. Powers to be exercised by a superior officer or authority
28A. Petition 29. Passing of orders relating to absence from duty
30. Date of dismissal, removal, resignation, retirement
CHAPTER V
ARREST AND INVESTIGATION
31. Forms of arrest
32. Authority to order arrest
33. Arrest how imposed
34. Release from arrest during investigation
35. Release without prejudice to re-arrest
36. Arrest when to be imposed 37. Special provision in case of arrest of intoxicated person 38. Arrest in case of person whose trial has been ordered
39. Delay reports
40. Rights of a person under arrest
40A.
CHAPTER VI
CHOICE OF JURISDICTION BETWEEN SECURITY FORCE CpURT AND CRIMINAL COURT 41. Trial of cases either by Security Force Court or Criminal Court 42. Cases not to be tried by Security Force Court

• CHAPTER VII
INVESTIGATION AND SUMMARY DISPOSAL
43. Offence Report . . . 56 44. Charge Sheet . . . 56 45. Hearing of the charge against an enrolled person . . y, 56 45A. Hearing of charge by an officer specified under section 53 of the Act . 56
45B. Hearing of charge against an officer and a subordinate officer . . 57
46. Attachment to another unit . . . 57
47. Charges not to be dealt with summarily . . . 57
48. Record of evidence < . . . 58
48A. . . . 58
49. Abstract of evidence . . . 59
50. Investigation of cases by police . . . 59
51. Disposal of case against an enrolled person by Commandant after record or abstract of evidence . . . 59
51A. Disposal of case against an officer or a subordinate officer after preparation .
of record of evidence or abstract of evidence . . . 59
52. Application for a Court . . . 60
CHAPTER VIII
ON CHARGES AND MATTERS ANTECEDENT OF TRIAL
53. Charge Sheet . . . 60
54. Charges . . . 60
55. Joint charges . . . 61
56. Validity of charge sheet . . . 61
57. Amendment of the charge by the Security Force Court . . , . 61
58. Amendment of charge by Convening Officer . . 61.
Convening of General and Petty Security Force Court
59. Action by a Superior Authority on receiving an application for convening a court . . . 62
60. Disqualification of Officers for serving on General and Petty Seciuity Force Court . . . 62
61. Composition of General and Petty Security Force Courts . , . 62
62. Duties of convening officer when convening courts . . . 63
63. Preparation of defence by the accused . . . 64
Summoning of defence witnesses
64. Summoning of defence witnesses ' . . . 64
CHAPTER IX
PROCEDURE FOR SECURITY FORCE COURTS
65. Assembly and swearing of Court . . . 65
66. Commencement of trial . . . 65
67. Swearing or affirming of members . . . 66
68. Swearing or affirmation of Law Officer and other Officers . . . 67
69. Objection to interpreter or shorthand writer . . . 68
70. Objection to Law Officer and Prosecutor
71. Arraignment
72. Plea to jurisdiction
73. Objection to the charge
74. Plea in bar of trial
75. Application for separate trial
76. Application for trial on separate charge-sheet
77. Pleading to the charge
78. Acceptance of plea of guilty
79. Plea on alternative charge
80. Order of trial where plea of guilty and not guilty
81. Procedure on plea of guilty
82. Change of plea
83. Procedure on pleas of not guilty
84. Opening address
85. Additional witness
86. Dropping witnesses
87. Withdrawal of witnesses
88. Examination of witnesses
89. Questioning by the Court
90. Reading over of evidence 91. Calling or recalling witnesses by the Court
92. Submission of no case to answer and stopping of cases
93. Case for the defence
94. Witnesses for defence
95. Witnesses in reply
96. Closing addresses
97. Summing up by Law Offiper
98. Deliberation on finding
99. Record and announcement of finding
100. Procedure on acquittal
101. Procedure on conviction
102. Sentence
103. Recommendation for mercy 104. Announcement of sentence and signing and transmission of proceedings
105. Revision
106. Confirmation and promulgation
CHAPTER X
PROCEDtlRE OF SECURITY FORCE COURTS AND INCIDENTAL MATTERS
107. Seating of Members 108. Responsibility of Presiding Officer 109. Power of Court over address of prosecutor and accused

110. Sitting in Close Court 111. Continuity of trial and adjournment of Court 112. Suspension of trial "■ 113. Proceedings on death or illness of accused 114. Death, retirement or absence of Presiding Officer 115. Presence throughout of all members of Court 116. Taking of opiniora of members of Court 117. Procedure on incidental questions 118. Evidence when to be translated 119. Record in Proceedings of transactions of a Security Force Court 120. Custody, and inspection of proceedings 121. Review of General/Petty Security Force Court proceedings 122. Defending Officer, friend of accused and counsel 123. Requirement for appearance of coimsel 124. Disqualification of Law Officer 125. Substitution on death, illness or absence of Law Officer 126. Power and duties of Law Officer 127. Finding of insanity 128. Preservation of proceedings 129. Right of person tried to copies of proceedings 130. Copy of proceedings not to be given in certain cases 131. Loss of proceedings 132. Offences by witnesses and others
CHAPTER XI SUMMARY SECURITY FORCE COURTS
133. Proceedings 134. Evidence when to be translated 135. Assembly 136. Swearing or Affirming of Court and Interpreter 137. Swearing of Court to try several accused persons 138. Arraignment of accused 139. Objection by accused to charge 140. Amendment of charge 141. Special pleas 142. General plea of "Guilty" 143. Procedure after plea of "Guilty" 144. Withdrawal of plea of "Not Guilty" 145. Procedure after plea of "Not Guilty" 146. Witnesses in reply to defence 147. Evidence of witnesses 148. Verdict 149. Finding 150. Procedure on acquittal

151. Procedure on finding of "Guilty"
152. Sentence
153. Signing of proceedings
154. Charges in different charge-sheets
155. Clearing the Court
156. Adjournment
157. Friend of the accused
158. Memorandum to be attached to proceedings
159. Promulgation
160. Review of proceedings
161. Action by the Deputy Inspector General
CHAPTER XII
EXECUTION OF SENTENCE
162. Direction about sentence of imprisonment
163. Warrants
164. Warrant in case of sentences of Death
165. Changes in sentence
166. Sentence of dismissal
CHAPTER XIII
PETITIONS
167. Petitions against finding and sentence of Court
168. Period of limitation
169. Mode of submitting petitions
CHAPTER XIV
COURT OF INQUIRY
170. Composition
171. Assembly
172. Assembly order
173. Procedure of courts of inquiry 174. Courts of inquiry when to be held 175. Action on the proceedings of a court of inquiry 176. Copies of court of inquiry proceedings
CHAPTER XV
MISCELLANEOUS
177. Prescribed officer under section 11(2) 178. Authority prescribed for the purposes of section 13(1)
179. Extent of punishment 180. Manner of proceedings "Against a person under section 55(1) 181. Repeal and savings

. CHAPTER XVI
182. Transitory provisions . . . . 95 APPENDIX I.— Border Security Force Recruiting Form . . . 95 APPENDIX II.— Form of Delay Report . . . 99 APPENDIX III.— IForm wherein request or representation made by the person under arrest—See rule 40(2)] . . y . -100 APPENDIX IV.— Form for use at summary proceedings of under-officers and other enrolled persons under ' section 53 of the Border Security Force Act . . . 100 APPENDIX V.— Form of Application for a Security Force Court. . . 101 APPENDIX VI.— Charge-Sheet . . . 102 APPENDIX VII.— Forms as to Security Force Court . . . 103 APPENDIX VIII.—[Record of decision by a confirming authority—See rule 106] . 104 APPENDIX IX.— [The finding and sentence promulgated to the accused to be recorded—See rule 106(8)] . . . 104
APPENDIX.X.— Warrants under sections 121 and 125 of the Border Security Force Act, 1968 . . 104 FORM 'A'.—Warrant of commitment for use when a prisoner is sentenced to imprisonment for life (section 121) . . 104 FORM 'B'.—Warrant of commitment for use when a prisoner is sentenced to imprisonment which is to be undergone in a civil prison (BSF Act section 121) . 105 FORM 'C.—Warrant for use when a sentence of imprisonment for life is reduced by superior authority to one of a shorter period (Section 125) . . . 106 FORM 'D'.—Warrant for use when prisoner is to be delivered into force custody . . . 107 APPENDIX XI . . . 107 FORM 'A'.—Warrant committing to civil prison custody a person sentenced to death . . . 107 FORM 'B'.— Warrant to obtain person sentenced to death from civil custody in order to carry out such sentence . . . 108 FORM 'C.—Warrant to carry out sentence of death . 109 APPENDIX XII . . . 109 FORM 'A'.—Warrant for use when the sentence of a person under sentence of death and committed to custody in a civil prison is commuted to a sentence of imprisonment for life . 109 FORM 'B'.— Warrant for use when the sentence of a person under sentence of death and committed to custody in a civil prison is commuted to ^ a sentence of imprisonment to be served in the same prison 110 FORM 'C.—Warrant for use when the sentence of a person under sentence of death and committed to custody in a civil prison is to be delivered into the Force custody for a purpose other than carrying out the sentence of death . 111 FORM 'D'.—Warrant for use when a prisoner is pardoned or his trial set aside, or when the whole sentence or the unexpired portion thereof is remitted (section 125) . . m APPENDIX XIII.—Report on unnatural Death . . . 112 APPENDIX XIV.—[Manner of proceedings against a person under section 55(1)—See rule 180] . . . 113 FORM I.— Form for use at summary trials of or below the rank of subordinate Officers (under sections of the Act). . I13 FORM II.— Form for use at summary trials of or below the rank of Subordinate Officers (under section 55 of the Act)