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Start Free TrialBorder Security Force Act, 1968 Section 90
Title: Documents Exempted from Production
State: Central
Year: 1968
(1) Nothing in section 89 shall be deemed to affect the operation of sections 123 and 124 of the Indian Evidence Act, 1872(1 of 1872) or to apply to any letter, postcard, telegram or other document in the custody of the postal or telegraph authorities. (2) If any document in such custody is, in the opinion of any District Magistrate, Chief Presidency Magistrate, High Court or Court of Sessions, wanted for the purpose of any Security Force Court, such magistrate, or court may require the postal or telegraph authorities, as the case may be, to deliver such document to such person as such magistrate, or court may direct. (3) If any such document is, in the opinion of any other magistrate or of any Commissioner of Police or District Superintendent of Police, wanted for any such purpose, he may require the postal or telegraph authorities, as the case may be, to cause such search to be made for, and to detain such document pending the orders of any such District Magistrate, Chief Presidency Magistrate or High Court or Court of Sessions.
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.
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 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 42
Title: Attempt
State: Central
Year: 1968
Any person subject to this Act who attempts to commit any of the offences specified in sections 14 to 41 (both inclusive) and in such attempt does any act towards the commission of the offence shall, on conviction by a Security Force Court, where no express provision is made by this Act for the punishment of such attempt, be liable,-- (a) if the offences attempted to be committed is punishable with death, to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and (b) if the offence attempted to be committed is punishable with imprisonment, 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.
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