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Start Free TrialBorder Security Force Act, 1968 Section 93
Title: Conviction of Offence Not Charged
State: Central
Year: 1968
.....A person charged before a Security Force Court with any one of the offences specified in clauses (a), (b), (c) and (d) of section 30 may be found guilty of any other of these offences with which he might have been charged. (6) A person charged before a Security Force Court with an offence punishable under section 46 may be found guilty of any other offence of which he might have been found guilty, if the provisions of the Code of Criminal Procedure, 1898 (5 of 1898), were applicable. (7) A person charged before a Security Force Court with any offence under this Act may, on failure of proof of an offence having been committed in circumstances involving a more severe punishment, be found guilty of the same offence as having been committed in circumstances involving a less severe punishment. (8) A person charged before a Security Force Court with any offence under this Act may be found guilty of having attempted or abetted the Commission of that offence, although the attempt or abetment is not separately charged.
View Complete Act List Judgments citing this sectionBorder Security Force Act, 1968 Chapter VII
Title: Procedure of Security Force Courts
State: Central
Year: 1968
.....and of the battalion, unit, or branch of the Force to which they belong. (3) Where a record is made in any battalion book in pursuance of this Act or of any rules made thereunder or otherwise in the discharge of official duties and purports to be signed by the commandant or by the officer whose duty it is to make such record, such record shall be evidence of the facts therein stated. (4) A copy of any record in any battalion book purporting to be certified to be a true copy by the officer having custody of such book shall be evidence of such record. (5) Where any person subject to this Act is being tried on a charge of desertion or of absence without leave, and such person has surrendered himself into the custody of any officer or other person subject to this Act, or any unit of the Force, or has been apprehended by such officer or person, a certificate purporting to be signed by such officer, or by the Commandant of the unit to which such person belongs, as the case may be, and stating the fact, date and place of such surrender or apprehension, and the manner in which he was dressed, shall be evidence of the matters so stated. (6) Where any person subject to this Act.....
View Complete Act List Judgments citing this sectionBorder Security Force Act, 1968 Complete Act
Title: Border Security Force Act, 1968
State: Central
Year: 1968
..... Section7 - Liability for service outside India Section8 - Resignation and withdrawal from the post Section9 - Tenure of service under the Act Section10 - Termination of service by Central Government Section11 - Dismissal, removal or reduction by the Director-General and by other officers Section12 - Certificate of termination of service Section13 - Restrictions respecting right to form association, freedom of speech, etc. Chapter III Section14 - Offences in relation to the enemy and punishable with death Section15 - Offences in relation to the enemy and not punishable with death Section16 - Offences punishable more severely on active duty than at other times Section17 - Mutiny Section18 - Desertion and aiding desertion Section19 - Absence without leave Section20 - Striking or threatening superior officers Section21 - Disobedience to superior officer Section22 - Insubordination and obstruction Section23 - False answers on enrolment Section24 - Certain forms of disgraceful conduct Section25 - Ill-treating a subordinate Section26 - Intoxication Section27 - Permitting escape of person in custody Section28 - Irregularity in connection with arrest or.....
List Judgments citing this sectionBorder Security Force Act, 1968 Section 71
Title: Dissolution of a Security Force Court
State: Central
Year: 1968
(1) If a Security Force Court after the commencement of a trial is reduced below the minimum number of officers required by this Act, it shall be dissolved. (2) If, on account of the illness of the Law Officer or of the accused before the finding, it is impossible to continue the trial, a Security Force Court shall be dissolved. (3) The officer who convened a Security Force Court may dissolve the same if it appears to him that the exigencies of the service or necessities of discipline render it impossible or inexpedient to continue the said Security Force Court. (4) Where a Security Force Court is dissolved under this section the accused may be tried again.
View Complete Act List Judgments citing this sectionBorder Security Force Act, 1968 Section 37
Title: Offences Relating to Security Force Court
State: Central
Year: 1968
Any person subject to this Act who commits any of the following offences, that is to say,-- (a) being duly summoned or ordered to attend as a witness before a Security Force Court, wilfully or without reasonable excuse, makes default in attending; or (b) refuses to take an oath or make an affirmation legally required by a Security Force Court to be taken or made; or (c) refuses to produce or deliver any document in his power or control legally required by a Security Force Court to be produced or delivered by him; or (d) refuses, when a witness, to answer any question which he is by law bound to answer; or (e) is guilty of contempt of the Security Force Court by using insulting or threatening language, or by causing any interruption or disturbance in the proceedings of such court, shall, on conviction by a Security Force Court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned.
View Complete Act List Judgments citing this sectionBorder Security Force Act, 1968 Section 64
Title: Kinds of Security Force Courts
State: Central
Year: 1968
For the purposes of this Act there shall be three kinds of Security Force Courts, that is to say,-- (a) General Security Force Courts; (b) Petty Security Force Courts; and (c) Summary Security Force Courts.
View Complete Act List Judgments citing this sectionBorder Security Force Act, 1968 Section 142
Title: Provisions as to Existing Border Security Force
State: Central
Year: 1968
(1) The Border Security Force in existence at the commencement of this Act shall be deemed to be the Force constituted under this Act. (2) Member of the Border Security Force in existence at the commencement of this Act shall be deemed to have been appointed or as the case may be enrolled as such under this Act. (3) Anything done or any action taken before the commencement of this Act in relation to the constitution of the Border Security Force referred to in sub-section (1), in relation to any person appointed or enrolled, as the case may be, thereto, shall be as valid and as effective in law as if such thing or action was done or taken under this Act: Provided that nothing in this sub-section shall render any person guilty of any offence in respect of anything done or omitted to be done by him before the commencement of this Act.
View Complete Act List Judgments citing this sectionBorder Security Force Act, 1968 Section 80
Title: Choice Between Criminal Court and Security Force Court
State: Central
Year: 1968
When a Criminal Court and a Security Force Court have each jurisdiction in respect of an offence, it shall be in the discretion of the Director-General, or the Inspector-General or the Deputy Inspector-General within whose command the accused person is serving or such other officer as may be prescribed, to decide before which court the proceedings shall be instituted, and, if that officer decides that they shall be instituted before a Security Force Court, to direct that the accused person shall be detained in Force custody.
View Complete Act List Judgments citing this sectionBorder Security Force Act, 1968 Section 106
Title: Powers of Security Force Court in Relation to Proceedings Under This Act
State: Central
Year: 1968
Any trial by a Security Force Court under the provisions of this Act shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860) and the Security Force Court shall be deemed to be a court within the meaning of sections 480 and 482 of the Code of Criminal Procedure, 1898 (5 of 1898).
View Complete Act List Judgments citing this sectionBorder Security Force Act, 1968 Section 109
Title: Power to Confirm Finding and Sentence of Petty Security Force Court
State: Central
Year: 1968
The findings and sentences of Petty Security Force Courts may be confirmed by an officer having power to convene a General Security Force Court or by any officer empowered in this behalf by warrant of such officer.
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