Title : Arrest and Proceedings Before Trial
State : Central
Year : 1968
(1) Any person subject to this Act who is charged with an offence may be taken into Force custody, under the order of any superior officer. (2) Notwithstanding anything contained in sub-section (1), an officer may order into Force custody any other officer, though such other officer may be of a higher rank, engaged in a quarrel, affray or disorder. Section 58 - Duty of commandant in regard to detention (1) It shall be the duty of every Commandant to take care that a person under his command when charged with an offence is not detained in custody for more than forty-eight hours after the committal of such person into custody is reported to him, without the charge being investigated, unless investigation within that period seems to him to be impracticable having regard to the public..... View Complete Act List Judgments citing this sectionState : Central
Year : 1968
BORDER SECURITY FORCE ACT, 1968 BORDER SECURITY FORCE ACT, 1968 47 of 1968 2nd September, 1968 An Act to provide for the constitution and regulation of an Armed Force of the Union for ensuring security of the borders of India and for matters connected therewith. This Act has been extended to Sikkim by S. 0.208 (E) of 1975, (23-6-1976), see Gazette of India, 16-5-1975, Pt. U.S.) (i), Ext., p. 1213. Be it enacted by Parliament in the Nineteenth Year of the Republic of India as follows :- CHAPTER 1 PRELIMINARY SECTION 01: SHORT TITLE AND COMMENCEMENT (1) This Act may be called The Border Security Force Act, 1968. (2) It shall come into force on such date1as the Central Government may. by notification in the Official Gazette, appoint. SECTION 02: DEFINITIONS (1)..... List Judgments citing this sectionTitle : Preliminary
State : Central
Year : 1968
(1) This Act may be called the Border Security Force Act, 1968. (2) It shall come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint. ____________________ 1. Came into force on IstMarch, 1969, videS.0. 732, dated 20th February, 1969, Gazette of India, Extra., Pt. II, Section 3(ii), p.235. Section 2 - Definitions (1) In this Act, unless the context otherwise requires,-- (a) "active duty", in relation to a person subject to this Act, means any duty as a member of the Force during the period in which such person is attached to, or forms part of, a unit of the Force-- (i) which is engaged in operations against an enemy, or (ii) which is operating at a picket or engaged on patrol or other guard duty along the borders of..... View Complete Act List Judgments citing this sectionTitle : Miscellaneous
State : Central
Year : 1968
(1) The Central Government may, by general or special order published in the Official Gazette direct that, subject to such conditions and limitations, and within the local limits of such area adjoining the borders of India, as may be specified in the order, any member of the Force may,-- (i) for the purpose of prevention of any offence punishable under the Passport (Entry into India) Act, 1920 (34 of 1920), the Registration of Foreigners Act, 1939 (16 of 1939) the Central Excises and Salt Act, 1944 (1 of 1944), the Foreigners Act, 1946 (31 of 1946), the Foreign Exchange Regulation Act, 1947 (7 of 1947), the Customs Act, 1962 (52 of 1962), or the Passports Act, 1967 (15 of 1967), or of any cognizable offence punishable under any other Central Act; or punishable under any other Central..... View Complete Act List Judgments citing this sectionTitle : Border Security Force Act, 1968
State : Central
Year : 1968
Preamble1 - THE BORDER SECURITY FORCE ACT, 1968 Chapter I Section1 - Short title and commencement Section2 - Definitions Section3 - Persons subject to this Act Chapter II Section4 - Constitution of the Force Section5 - Control, direction, etc. Section6 - Enrolment 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..... List Judgments citing this sectionTitle : Procedure of Security Force Courts
State : Central
Year : 1968
At every General Security Force Court or Petty Security Force Court, the senior member shall be the Presiding Officer. Section 83 - Law Officer Every General Security Force Court shall, and every Petty Security Force Court may, be attended by a Law Officer, or if no such officer is available, an officer approved by the Chief Law Officer, or a Law Officer. Section 84 - Challenge (1) At all trials by a General Security Force Court or by a Petty Security Force Court, as soon as the court is assembled, the names of the presiding officer and members shall be read over to the accused, who shall thereupon be asked whether he objects to being tried by any officer sitting on the court. (2) If the accused objects to such officer, his objection and also the reply thereto of the officer..... View Complete Act List Judgments citing this sectionTitle : Constitution of the Force and Conditions of Service of the Members of the Force
State : Central
Year : 1968
(1) There shall be an armed force of the Union called the Border Security Force for ensuring the security of the borders of India. (2) Subject to the provisions of this Act, the Force shall be constituted in such manner as may be prescribed and the conditions of service of the members of the Force shall be such as may be prescribed. Section 5 - Control, direction, etc. (1) The general superintendence, direction and control of the Force shall vest in, and be exercised by, the Central Government and subject thereto and to the provisions of this Act and the rules, the command and supervision of the Force shall vest in an officer to be appointed by the Central Government as the Director-General of the Force. (2) The Director-General shall, in the discharge of his duties under this..... View Complete Act List Judgments citing this sectionTitle : Confirmation and Revision
State : Central
Year : 1968
No finding or sentence of a General Security Force Court or a Petty Security Force Court shall be valid except so far as it may be confirmed as provided by this Act. Section 108 - Power to confirm finding and, sentence of General Security Force Court The findings and sentences of General Security Force Courts may be confirmed by the Central Government or by any officer empowered in this behalf by warrant of the Central Government. Section 109 - Power to confirm finding and sentence of Petty Security Force Court 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. Section 110 - Limitation of powers of confirming..... View Complete Act List Judgments citing this sectionTitle : Punishments
State : Central
Year : 1968
(1) Punishments may be inflicted in respect of offences committed by persons subject to this Act and convicted by Security Force Courts according to the scale following, this is to say,-- (a) death; (b) imprisonment which may be for the term of life or any other lesser term but excluding imprisonment for a term not exceeding three months 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 the list of their rank in the case of an under-officer; (f) forfeiture of seniority of rank and forfeiture of all or any part of the service for the purpose of promotion; (g) forfeiture of service for the purpose of increased pay, pension or any other..... View Complete Act List Judgments citing this sectionTitle : 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. Section 65 - Power to convene a General Security Force Court A General Security Force Court may be convened by the Central Government or the Director-General or by any officer empowered in this behalf by warrant of the Director-General. Section 66 - Power to convene a Petty Security Force Court A Petty Security Force Court may be convened by an officer having power to convene a General Security Force Court or by an officer empowered in this behalf by warrant of any such officer. Section 67 - Contents of warrants issued under sections 65 and 66 A warrant, issued..... View Complete Act List Judgments citing this section