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Start Free TrialBorder Security Force Act, 1968 Section 141
Title: Power to Make Rules
State: Central
Year: 1968
.....or2[in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid] both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. _____________________ 1. Substituted Act 19 of 1988, section 3 and Second Schedule (w.e.f. 31-3-1988). 2. Substituted by Act 4 of 1986, section 2 and Schedule (w.e.f. 15-5-1986).
View Complete Act List Judgments citing this sectionBorder Security Force Act, 1968 Section 44
Title: Abetment of Offences Punishable with Death and Not Committed
State: Central
Year: 1968
Any person subject to this Act who abets the commission of any of the offences punishable with death under sections 14, 17 and sub-section (1) of section 18 shall, on conviction by a Security Force Court, if that offence be not committed in consequence of the abetment, and no express provision is made by this Act for the punishment of such abetment, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned.
View Complete Act List Judgments citing this sectionBorder Security Force Act, 1968 Section 51
Title: Retention in the Force of a Person Convicted on Active Duty
State: Central
Year: 1968
When on active duty any enrolled person has been sentenced by a Security Force Court to dismissal or to imprisonment whether combined with dismissal or not, the prescribed officer may direct that such person may be retained to serve in the ranks, and such service shall be reckoned as part of his term of imprisonment if any.
View Complete Act List Judgments citing this sectionBorder Security Force Act, 1968 Section 50
Title: Combination of Punishments
State: Central
Year: 1968
A sentence of a Security Force Court may award in addition to, or without any one other punishment, the punishment specified in clause (c) of sub-section (1) of section 48, and any one or more of the punishments specified in clauses (e) to (1) (both inclusive) of that sub-section.
View Complete Act List Judgments citing this sectionBorder Security Force Act, 1968 Section 49
Title: Alternative Punishments Awardable by Security Force Courts
State: Central
Year: 1968
Subject to the provisions of this Act, a Security Force Court may, on convicting a person subject to this Act of any of the offences specified in sections 14 to 45 (both inclusive) award either the particular punishment with which the offence is stated in the said sections to be punishable or, in lieu thereof, any one of the punishments lower in the scale set out in section 48 regard being had to the nature and degree of the offence.
View Complete Act List Judgments citing this sectionBorder Security Force Act, 1968 Section 48
Title: Punishments Awardable by Security Force Courts
State: Central
Year: 1968
.....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 prescribed purpose; (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 period not exceeding three months for an offence committed on active duty; (k) forfeiture in the case of person sentenced to dismissal from the service of all arrears of pay and allowances and other public money due to him at the time of such dismissal; (l) stoppage of pay and allowances until and proved loss or damage occasioned by the offence for which he is convicted is made good. (2) Each of the punishments specified in sub-section (1) shall be deemed to be inferior in degree to every punishment preceding it in the above scale.
View Complete Act List Judgments citing this sectionBorder Security Force Act, 1968 Section 47
Title: Civil Offences Not Triable by a Security Force Court
State: Central
Year: 1968
A person subject to this Act who commits an offence of murder or of culpable homicide not amounting to murder against, or of rape in relation to, a person not subject to this Act shall not be deemed to be guilty of an offence against this 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 Government by notification in this behalf.
View Complete Act List Judgments citing this sectionBorder Security Force Act, 1968 Section 46
Title: Civil Offences
State: Central
Year: 1968
Subject to the provisions of section 47, any person subject to this Act who at any place in, or beyond, India commits any civil offence shall be deemed to be guilty of an offence against this Act and, if charged therewith under this section shall be liable to be tried by a Security Force Court and, on conviction, be punishable as follows, that is to say,-- (a) if the offence is one which would be punishable under any law in force in India with death, he shall be liable to suffer any punishment, assigned for the offence, by the aforesaid law and such less punishment as is in this Act mentioned; and (b) in any other case, he shall be liable to suffer any punishment, assigned for the offence by the law in force in India, or imprisonment for a term which may extend to seven years, or such less punishment as is in this Act mentioned.
View Complete Act List Judgments citing this sectionBorder Security Force Act, 1968 Section 45
Title: Abetment of Offences Punishable with Imprisonment and Not Committed
State: Central
Year: 1968
Any person subject to this Act who abets the commission of any of the offences specified in sections 14 to 41 (both inclusive) and punishable with imprisonment shall, on conviction by a Security Force Court, if that offence be not committed in consequence of the abetment, and no express provision is made by this Act for the punishment of such abetment, be liable to suffer imprisonment for a term which may extend to one-half of the longest term provided for that offence or such less punishment as is in this Act mentioned.
View Complete Act List Judgments citing this sectionBorder Security Force Act, 1968 Section 43
Title: Abetment of Offences That Have Been Committed
State: Central
Year: 1968
Any person subject to this Act who abets the commission of any of the offences specified in sections 14 to 41 (both inclusive) shall, on conviction by a Security Force Court, if the Act abetted is committed in consequence of the abetment and no express provision is made by this Act for the punishment of such abetment, be liable to suffer the punishment provided for that offence or such less punishment as is in this Act mentioned.
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