THE BORDER SECURITY FORCE ACT, 1968 
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ARRANGEMENT OF SECTIONS 
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SECTIONS 

1.  Short title and commencement. 
2.  Definitions. 
3.  Persons subject to this Act. 

CHAPTER I 

PRELIMINARY 

CHAPTER II 

CONSTITUTION OF THE FORCE AND CONDITIONS OF SERVICE OF THE MEMBERS OF THE FORCE 

4.  Constitution of the Force. 
5.  Control, direction. 
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. 

CHAPTER III 

OFFENCES 

14.  Offences in relation to the enemy and punishable with death. 
15.  Offences in relation to the enemy and not punishable with death. 
16.  Offences punishable more severly on active duty than at other times. 
17.  Mutiny. 
18.  Desertion and aiding desertion. 
19.   Absence without leave. 
20.  Striking or threatening superior officers. 
21.  Disobedience to superior officer. 
22.   Insubordination and obstruction. 
23.  False answers on enrolment. 
24.  Certain forms of disgraceful conduct. 
25.  Ill-treating a subordinate. 
26.  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. 

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SECTIONS 

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 offences 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                    

Inspectors-General and others. 

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. 

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SECTIONS 

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 of Act during term of sentence. 
79.  Place of trial. 
80.  Choice between criminal court and Security Force Court. 
81.  Power of criminal court to require delivery of offender. 

CHAPTER VII 

PROCEDURE OF SECURITY FORCE COURTS 

82.  Presiding Officer. 
83.  Law Officers. 
84.  Challenges. 
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 a 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. 
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. 

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SECTIONS 

109. Power to confirm finding and sentence 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 findings and sentences on board a ship. 
113. Revision of finding of 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 Courts. 
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. 
121A. Period of custody undergone by a person to be set-off against the imprisonment. 
122. Temporary custody of offender. 
123. Execution of sentence of 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. 
130. Suspension of sentence of imprisonment. 
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 conferrable 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. 

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THE BORDER SECURITY FORCE ACT, 1968 

ACT NO. 47 OF 1968 

An  Act  to  provide  for  the  constitution  and  regulation  of  an  Armed  Force  of  the  Union  for 

ensuring the security of the borders of India and for matters connected therewith.  

BE it enacted by Parliament in the Nineteenth Year of the Republic of India as follows:— 

[2nd September, 1968.]  

CHAPTER I 

PRELIMINARY 

1.  Short  title  and  commencement.—(1)  This  Act  may  be  called  the  Border  Security  Force  Act, 

1968.  

(2)  It  shall  come  into  force  on  such  date1  as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint. 

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 India,  

and includes duty by such person during any period declared by the Central Government by notification 
in the Official Gazette as a period of active duty with reference to any area in which any person or class 
of persons subject to this Act may be serving; 

(b) “battalion” means a unit of the Force constituted as a battalion by the Central Government; 

(c) “Chief Law Officer” and “Law Officer” mean, respectively, the Chief Law officer and a Law 

Officer of the Force appointed by the Central Government; 

(d) “civil offence” means an offence which is triable by a criminal court;  

(e) “civil prison” means any jail or place used for the detention of any criminal prisoner under the 

Prisons Act, 1894 (9 of 1894) or under any other law for the time being in force; 

(f)  “Commandant”,  when  used  in  any  provision  of  this  Act  with  reference  to  any  unit  of  the 
Force,  means  the  officer  whose  duty  it  is  under  the  rules  to  discharge  with  respect to that  unit, the 
functions of a Commandant in regard to matters of the description referred to in that provision; 

(g)”criminal court” means a court of ordinary criminal justice in any part of India; 

(h) “Deputy Inspector-General” means a Deputy Inspector General of the Force appointed under 

section 5; 

(i) “Director-General” means the Director-General of the Force appointed under section 5; 

(j) “enemy” includes all armed mutineers, armed rebels, armed rioters, pirates and any person in 

arms against whom it is the duty of any person subject to this Act to take action; 

(k) “enrolled person” means an under-officer or other person enrolled under this Act; 

(l) “Force” means the Border Security Force; 

(m)  “Force  custody”  means  the  arrest  or  confinement  of  a  member  of  the  Force  according  to 

rules; 

1. 1st March, 1969, vide notification No. S.O. 732(E), dated 20th February, 1969, see Gazette of India, Extraordinary, Part II,             

sec. 3(ii). 

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(n) “Inspector-General” means the Inspector-General of the Force appointed under section 5; 

(o)  “member  of  the  Force”  means  an  officer,  a  subordinate  officer,  an  under-officer  or  other 

enrolled person; 

(p) “notification” means a notification published in the Official Gazette; 

(q) “offence” means any act or omission punishable under this Act and includes a civil offence; 

(r) “officer” means a person appointed or in pay as an officer of the Force, but does not include a 

subordinate officer or an under-officer; 

(s) “prescribed” means prescribed by rules made under this Act; 

(t) “rule” means a rule made under this Act; 

(u) “Security Force Court” means a court referred to in section 64; 

(v) “subordinate officer” means a person appointed or in pay as a Subedar-Major, a Subedar or a 

Sub-Inspector of the Force; 

(w) “superior officer”, when used in relation to a person subject to this Act, means— 

(i) any member of the Force to whose command such person is for the time being subject in 

accordance with the rules; 

(ii) any officer of higher rank or class or of a higher grade in the same class;  

and includes when such person is not an officer, a subordinate officer or an under-officer of higher rank, 
class or grade:  

(x) “under-officer” means a Head Constable, Naik and Lance Naik of the Force; 

(y)  all  words  and  expressions  used  and  not  defined  in  this  Act  but  defined  in  the  Indian  Penal 

Code (45 of 1860) shall have the meanings assigned to them in that Code. 

(2) In this Act, references to any law not in force in the State of Jammu and Kashmir* shall be 

construed as references to the corresponding law in force in that State. 

3. Persons subject to this Act.—(1) The following persons shall be subject to this Act, wherever they 

may be, namely:— 

(a) officers and subordinate officers; and 

(b) under-officers and other persons enrolled under this Act. 

(2)  Every  person  subject  to  this  Act  shall  remain  so  subject  until  retired,  discharged,  released, 

removed or dismissed from the Force in accordance with the provisions of this Act and the rules. 

CHAPTER II 

CONSTITUTION OF THE FORCE AND CONDITIONS OF SERVICE OF THE MEMBERS OF THE FORCE 

4.  Constitution  of  the  Force.—(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. 

5. Control, direction.—(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  Act,  be  assisted  by  such 
number  of  Inspectors-General,  Deputy  Inspectors-General,  Commandants  and  other  officers  as  may  be 
prescribed by the Central Government. 

*. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and 

Kashmir and the Union territory of Ladakh. 

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6.  Enrolment.—(1)  The  persons  to  be  enrolled  to  the  Force,  the  mode  of  enrolment,  and  the 

procedure for enrolment shall be such as may be prescribed by the Central Government. 

(2)  Notwithstanding  anything  contained  in  this  Act  and  the  rules,  every  person  who  has,  for  a 
continuous period of three months, been in receipt of pay as a person enrolled under this Act and borne on 
the rolls of the Force shall be deemed to have been duly enrolled. 

7. Liability for service outside India.—Every  member of the Force shall be liable to serve in any 

part of India as well as outside India. 

8. Resignation and withdrawal from the post.—No member of the Force shall be at liberty,— 

(a) to resign his appointment during the term of his engagement; or 

(b) to withdraw himself from all or any of the duties of his appointment,  

except with the previous permission in writing of the prescribed authority. 

9. Tenure of service under the Act.—Every person subject to this Act shall hold office during the 

pleasure of the President. 

10. Termination of service by Central Government.—Subject to the provisions of this Act and the 

rules, the Central Government may dismiss or remove from the service any person subject to this Act. 

11.  Dismissal,  removal  of  reduction  by  the  Director-General  and  by  other  officers.—(1)  The 
Director-General or any Inspector-General may dismiss or remove from the service or reduce to a lower 
grade or rank or the ranks any person subject to this Act other than an officer. 

(2) An officer not below the rank of Deputy Inspector-General or any prescribed officer may dismiss 
or remove from the service any person under his command other than an officer or a subordinate officer 
of such rank or ranks is may be prescribed. 

(3) Any such officer as is mentioned in sub-section (2) may reduce to a lower grade or rank or the 

ranks any person under his command except an officer or a subordinate officer. 

(4) The exercise of any power under this section shall be subject to the provisions of this Act and the 

rules. 

12.  Certificate  of  termination  of  service.—A  subordinate  officer,  or  an  under-officer  or  other 
enrolled  person  who  is  retired,  discharged,  released,  removed  or  dismissed  from  the  service  shall  be 
furnished by the officer, to whose command he is subject, with a certificate in the language which is the 
mother tongue of such person and also in Hindi or English language setting forth— 

(a) the authority terminating his service; 

(b) the cause for such termination; and 

(c) the full period of his service in the Force. 

13.  Restrictions  respecting  right  to  form  association,  freedom  of  speech,  etc.—(1)  No  person 
subject  to  this  Act  shall,  without  the  previous  sanction  in  writing  of  the  Central  Government  or  of  the 
prescribed authority,— 

(a)  be  a  member  of,  or  be  associated  in  any  way  with,  any  trade  union,  labour  union,  political 

association or with any class of trade unions, labour unions or political associations; or 

(b)  be  a  member  of,  or  be  associated  in  any  way  with,  any  society,  institution,  association  or 
organisation  that  is  not  recognised  as  part  of  the  Force  or  is  not  of  a  purely  social,  recreational  or 
religious nature; or 

(c)  communicate  with  the  press  or  publish  or  cause  to  be  published  any  book,  letter  or  other 
document except where such communication or publication is in the bona fide discharge of his duties 
or is of a purely literary artistic or scientific character or is of a prescribed nature. 

7 

 
Explanation.—If any question arises as to whether any society, institution, association or organisation 
is of a purely social, recreational or religious nature under clause (b) of this sub-section, the decision of 
the Central Government thereon shall be final. 

(2)  No  person  subject  to  this  Act  shall  participate  in,  or  address,  any  meeting  or  take  part  in  any 
demonstration organised by any body of persons for any political purposes or for such other purposes as 
may be prescribed. 

CHAPTER III 

OFFENCES 

14. Offences in relation to the enemy and punishable with death.—Any person subject to this Act 

who commits any of the following offences, that is to say,— 

(a)  shamefully  abandons  or  delivers  up  any  post,  place  or  guard,  committed  to  his  charge  or 

which it is his duty to defend; or 

(b) intentionally uses any means to compel or induce any person subject to this Act or to military, 
naval  or  air  force  law  to  abstain  from  acting  against  the  enemy  or  to  discourage  such  person  from 
acting against the enemy; or 

(c) in the presence of the enemy shamefully casts away his arms, ammunition, tools or equipment 

or misbehaves in such manner as to show cowardice; or 

(d) treacherously holds correspondence with, or communicates intelligence to, the enemy or any 

person in arms against the Union; or 

(e) directly or indirectly assists the enemy with money, arms, ammunition, stores or supplies or in 

any other manner whatsoever; or 

(f) in time of active operation against the enemy, intentionally occasions a fase alarm in action, 
camp, quarters, or spreads or causes to be spread reports calculated to create alarm or despondency; 
or 

(g) in time of action leaves his Commandant or other superior officer or his post, guard, picket, 

patrol or party without being regularly relieved or without leave; or 

(h) having been captured by the enemy or made a prisoner of war, voluntarily serves with or aids 

the enemy; or 

(i) knowingly harbours or protects an enemy not being a prisoner; or 

(j) being a sentry in time of active operation against the enemy or alarm, sleeps upon his post or is 

intoxicated; or 

(k) knowingly does any act calculated to imperil the success of the Force or the military, naval or 

air forces of India or any forces co-operating therewith or any part of such forces, 

shall, on conviction by a Security Force Court, be liable to suffer death or such less punishment as is in 
this Act mentioned. 

15. Offences in relation to the enemy and not punishable with death.—Any person subject to this 

Act who commits any of the following offences, that is to say,— 

(a)  is  taken  prisoner  or  captured  by  the  enemy,  by  want  of  due  precaution  or  through 
disobedience of orders, or wilful neglect of duty, or having been taken prisoner or so captured fails to 
rejoin his service when able to do so; or 

(b) without due authority holds correspondence with, or communicates intelligence to, the enemy 
or  any  person  in  league  with  the  enemy  or  having  come  by  the  knowledge  of  any  such 
correspondence or communication, wilfully omits to discover it immediately to his  Commandant or 
other superior officer, 

8 

 
shall,  on  conviction  by  a  Security  force  Court,  be  liable  to  suffer  imprisonment  for  a  term  which  may 
extend to fourteen years or such less punishment as is in this Act mentioned. 

16. Offences punishable more severly on active duty than at other times.—Any person subject to 

this Act who commits any of the following offences, that is to say,— 

(a) forces a safeguard, or forces or uses criminal force to a sentry; or 

(b) breaks into any house or other place in search of plunder; or 

(c) being a sentry sleeps upon his post, or is intoxicated; or 

(d) without orders from his superior officer leaves his guard, picket, patrol or post; or 

(e)  intentionally  or  through  neglect  occasions  a  false  alarm  in  camp  or  quarters,  or  spreads  or 

causes to be spread reports calculated to create unnecessary alarm or despondency; or 

(f) makes known the parole, watchword or countersign to any person not entitled to receive it; or 

knowingly gives a parole, watchword or countersign different from what he received, 

shall, on conviction by a Security Force Court,— 

(A) if he commits any such offence when on active duty, be liable 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 he commits any such offence when not on active duty, be liable to suffer imprisonment 

for a term which may extend to seven years or such less punishment as is in this Act mentioned. 

17. Mutiny.—Any person subject to this Act who commits any of the following offences, that is to 

say,— 

(a) begins, incites, causes or conspires with any other person to cause any mutiny in the Force or 

in the military, naval or air forces of India or any forces co-operating therewith; or 

(b) joins in any such mutiny; or 

(c) being present at any such mutiny, does not use his utmost endeavours to suppress the same; or  

(d) Knowing or having reason to believe in the existence of any such mutiny, or of any intention 
to  mutiny  or  of  any  such  conspiracy,  does  not,  without  delay,  give  information  thereof  to  his 
Commandant or other superior officer; or 

(e) endeavours to seduce any person in the Force or in the military, naval or air forces of India or 

any forces co-operating therewith from his duty or allegiance to the Union, 

shall, on conviction by a Security Force Court, be liable to suffer death or such less punishment as is in 
this Act mentioned. 

18. Desertion and aiding desertion.—(1) Any person subject to this Act who deserts or attempts to 

desert the service shall, on conviction by a Security Force Court,— 

(a) if he commits the offence when on active duty or when under orders for active duty, be liable 

to suffer death or such less punishment as is in this Act mentioned; and 

(b) if he commits the offence under any other circumstances, be liable to suffer imprisonment for 

a term which may extend to seven years or such less punishment as is in this Act mentioned. 

(2) Any person subject to this Act who knowingly harbours any such deserter shall, on conviction by 
a Security Force Court, be liable to suffer imprisonment for a term which may extend to seven years or 
such less punishment as is in this Act mentioned. 

(3) Any person subject to this Act who, being cognizant of any desertion or attempt at desertion of a 
person subject to this Act, does not forthwith give notice to his own or some other superior officer, or take 
any steps in his power to cause such person to be apprehended, shall, on conviction by a Security Force 

9 

 
Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment 
as is in this Act mentioned.  

19.  Absence  without  leave.—Any  person  subject  to  this  Act  who  commits  any  of  the  following 

offences, that is to say,— 

(a) absents himself without leave; or 

(b) without sufficient cause overstays leave granted to him; or 

(c) being on leave of absence and having received information from the appropriate authority that 
any battalion or part thereof or any other unit of the Force, to which he belongs, has been ordered on 
active duty, fails, without sufficient cause, to rejoin without delay; or 

(d) without sufficient cause fails to appear at the time fixed at the  parade or place appointed for 

exercise or duty; or 

(e)  when  on  parade,  or  on  the  line  of  march,  without  sufficient  cause  without  leave  from  his 

superior officer, quits the parade or line of march; or 

(f) when in camp or elsewhere, is found beyond any limits fixed, or in any place prohibited, by 

any general, local or other order, without a pass or written leave from his superior officer; or 

(g) without leave from his superior officer or without due cause, absents himself from any school 

when duly ordered to attend there, 

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. 

20. Striking or threatening superior officers.—Any person subject to this Act who commits any of 

the following offences, that is to say,— 

(a) uses criminal force to or assaults his superior officer; or 

(b) uses threatening language to such officer; or 

(c) uses insubordinate language to such officer; 

shall, on conviction by a Security Force Court,— 

(A) if such officer is at the time in the execution of his office or, if the offence is committed 
on active duty, be liable to suffer imprisonment for a term which may extend to fourteen years or 
such less punishment as is in this Act mentioned; and 

(B) in other cases, be liable to suffer imprisonment for a term which may extend to ten years 

or such less punishment as is in this Act mentioned: 

Provided that in the case of any offence specified in clause (c), the imprisonment shall not exceed five 

years. 

21.  Disobedience  to  superior  officer.—(1)  Any  person  subject  to  this  Act  who  disobeys  in  such 
manner as to show a wilful defiance of authority any lawful command given personally by his superior 
officer  in  the  execution  of  his  office  whether  the  same  is  given  orally,  or  in  writing  or  by  signal  or 
otherwise,  shall,  on  conviction  by  a  Security  Force  Court,  be  liable  to  suffer  imprisonment  for  a  term 
which may extend to fourteen years or such less punishment as in this Act mentioned. 

(2) Any person subject to this Act who disobeys any lawful command given by his superior officer 

shall, on conviction by a Security Force Court,— 

(a) if he commits such offence when on active duty, be liable 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 he commits such offence when not on active duty, be liable to suffer imprisonment for a 

term which may extend to five years or such less punishment as is in this Act mentioned. 

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22.  Insubordination  and  obstruction.—Any  person  subject  to  this  Act  who  commits  any  of  the 

following offences, that is to say,— 

(a)  being  concerned  in  any  quarrel,  affray  or  disorder,  refuses  to  obey  any  officer,  though  of 

inferior rank, who orders him into arrest, or uses criminal force to or assaults any such officer; or 

(b)  uses  criminal  force  to,  or  assaults  any  person,  whether  subject  to  this  Act  or  not,  in  whose 

custody he is lawfully placed, and whether he is or is not his superior officer; or 

(c) resists an escort whose duty it is to apprehend him or to have him in charge; or 

(d) breaks out of barracks, camp or quarters; or 

(e) neglects to obey any general, local or other order; or 

(f) impedes the Force Police referred to in section 63 or any person lawfully acting on his behalf, 
or  when  called  upon,  refuses  to  assist  in  the  execution  of  his  duty  a  Force  Police  or  any  person 
lawfully acting on his behalf, 

shall  on  conviction  by  a  Security  Force  Court,  be  liable  to  suffer  imprisonment  for  a  term  which  may 
extend, in the case of the offences specified in clauses (d) and (e), to  two years, and in the case of the 
offences specified in the other clauses, to ten years, or in either case such less punishment as is in this Act 
mentioned. 

23. False answers on enrolment.—Any person having become subject to this Act who is discovered 
to have made at the time of enrolment a wilfully false answer to any question set forth in the prescribed 
form  of  enrolment  which has  been  put to  him  by  the  enrolling  officer  before  whom  he  appears  for the 
purpose of being enrolled, shall, on conviction by a Security Force Court, be liable to suffer imprisonment 
for a term which may extend to five years or such less punishment as is in this Act mentioned. 

24. Certain forms of disgraceful conduct.—Any person subject to this Act who commits any of the 

following offences, that is to say,— 

(a) is guilty of any disgraceful conduct of a cruel, indecent or unnatural kind; or 

(b)  malingers,  or  feigns,  or  produces  disease  or  infirmity  in  himself  or  intentionally  delays  his 

cure or aggravates his disease or infirmity; or 

(c) with intent to render himself or any other person unfit for service, voluntarily causes  hurt to 

himself or that person, 

shall,  on  conviction  by  a  Security  Force  Court,  be  liable to  suffer  imprisonment  for  a term  which  may 
extend to seven years or such less punishment as is in this Act mentioned. 

25. Ill-treating a subordinate.—Any officer, subordinate officer or under-officer, who uses criminal 
force to or otherwise ill-treats any person subject to this Act, being his subordinate in rank or position, 
shall,  on  conviction  by  a  Security  Force  Court,  be  liable to  suffer  imprisonment  for  a term  which  may 
extend to seven years or such less punishment as is in this Act mentioned. 

26. Intoxication.—Any person subject to this Act who is found in a state of intoxication, whether on 
duty or not, shall, on conviction by a Security Force Court, be liable to suffer imprisonment for a term 
which may extend to six months or such less punishment as is in this Act mentioned. 

27. Permitting escape of person in custody.—Any person subject to this Act who commits any of 

the following offences, that is to say,— 

(a)  when  in  command  of  a  guard,  picket,  patrol  or  post,  releases  without  proper  authority, 
whether  wilfully  or  without  reasonable  excuse,  any  person  committed  to  his  charge,  or  refuses  to 
receive any prisoner or person so committed; or 

 (b) wilfully or without reasonable excuse allows to escape any person who is committed to his 

charge,or whom it is his duty to keep or guard, 

 shall, on conviction by a Security Force Court, be liable, if he has acted wilfully, to suffer imprisonment 
for a term which may extend to ten years or such less punishment as is in this Act mentioned: and if he 

11 

 
has  not  acted  wilfully,  to  suffer  imprisonment  for  a  term  which  may  extend  to  two  years  or  such  less 
punishment as is in this Act mentioned. 

28.  Irregularity in  connection with arrest or  confinement.—Any  person subject to  this  Act  who 

commits any of the following offences, that is to say,— 

(a) unnecessarily detains a person in arrest or confinement without bringing him to trial, or fails 

to bring his case before the proper authority for investigation; or 

(b) having committed a person to Force custody fails without reasonable cause to deliver at the 
time of such committal, or as soon as practicable, and in any case within forty-eight hours thereafter, 
to  the  officer  or  other  person  into  whose  custody  the  person  arrested  is  committed,  an  account  in 
writing signed by himself of the offence with which the person so committed is charged, 

shall,  on  conviction  by  a  Security  Force  Court,  be  liable to  suffer  imprisonment  for  a term  which  may 
extend to one year or such less punishment as is in this Act mentioned. 

29. Escape from custody.—Any person subject to this Act who, being in lawful custody, escapes or 
attempts to escape, 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. 

30.  Offences  in  respect  of  property.—Any  person  subject  to  this  Act  who  commits  any  of  the 

following offences, that is to say,— 

(a) commits theft of any property belonging to the Government, or to any Force mess, band or 

institution, or to any person subject to this Act; or 

(b) dishonestly misappropriates or converts to his own use any such property; or 

(c) commits criminal breach of trust in respect of any such property; or 

(d) dishonestly receives or retains any such property in respect of which any of the offences under 
clauses (a), (b) and (c) has been committed, knowing or having reason to believe the commission of 
such offence; or  

(e) wilfully destroys or injures any property of the Government entrusted to him; or 

(f)  does  any  other  thing  with  intent  to  defraud,  or  to  cause  wrongful  gain  to  one  person  or 

wrongful loss to another person, 

shall,  on  conviction  by  a  Security  Force  Court,  be  liable to  suffer  imprisonment  for  a term  which  may 
extend to ten years or such less punishment as is in this Act mentioned. 

31. Extortion and corruption.—Any person subject to this Act who commits any of the following 

offences, that is to say,— 

(a) commits extortion; or 

(b) without proper authority exacts from any person money, provisions or service,  

shall,  on  conviction  by  a  Security  Force  Court,  be  liable to  suffer  imprisonment  for  a term  which  may 
extend to ten years or such less punishment as is in this Act mentioned. 

32.  Making  away  with  equipment.—Any  person  subject  to  this  Act  who  commits  any  of  the 

following offences, that is to say,— 

(a) makes away with, or is concerned in making away with, any arms, ammunition, equipment, 
instruments, tools, clothing or any other thing being the property of the Government issued to him for 
his use or entrusted to him; or 

(b) loses by neglect anything mentioned in clause (a); or 

(c) sells, pawns, destroys or defaces any medal or decoration granted to him, 

shall,  on  conviction  by  a  Security  Force  Court,  be  liable to  suffer  imprisonment  for  a term  which  may 
extend,  in the case  of the offences  specified  in clause  (a), to ten  years,  and in the  case  of  the  offences 

12 

 
specified  in  the  other  clauses,  to  five  years,  or  in  either  case  such  less  punishment  as  is  in  this  Act 
mentioned. 

33. Injury to property.—Any person subject to this Act who commits any of the following offences, 

that is to say,— 

(a)  destroys  or  injures  any  property  mentioned  in  clause  (a)  of  section  32,  or  any  property 

belonging to any Force mess, band or institution, or to any person subject to this Act; or 

(b) commits any act which causes damage to, or destruction of, any property of the Government 

by fire; or 

(c) kills, injures, makes away with, ill-treats or loses any, animal entrusted to him, 

shall, on conviction by a Security Force Court, be liable, if he has acted wilfully to suffer imprisonment 
for a term which may extend to ten years or such less punishment as is in this Act mentioned; and if he 
has acted without reasonable excuse, to suffer imprisonment for a term which may extend to five years or 
such less punishment as is in this Act mentioned. 

34. False accusations.—Any person subject to this Act who commits any of the following offences, 

that is to say,— 

(a) makes a false accusation against any person subject to this Act, knowing or having reason to 

believe such accusation to be false; or 

(b) in making a complaint against any person subject to this Act makes any statement affecting 
the  character  of  such  person,  knowing  or  having  reason  to  believe  such  statement  to  be  false,  or 
knowingly and wilfully suppresses any material facts, 

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. 

35.  Falsifying  official  documents  and  false  declarations.—Any  person  subject  to  this  Act  who 

commits any of the following offences, that is to say,— 

(a) in any report, return, list, certificate, book or other document made or signed by him, or of the 
contents of which it is his duty to ascertain the accuracy, knowingly makes, or is privy to the making 
of, any false or fraudulent statement; or 

(b) in any document of the description mentioned in clause (a) knowingly makes, or is privy to 

the making of, any omission, with intent to defraud; or 

(c)  knowingly  and  with  intent  to  injure  any  person,  or  knowingly  and  with  intent  to  defraud, 
suppresses,  defaces,  alters  or  makes  away  with  any  document  which  it  is  his  duty  to  preserve  or 
produce; or  

(d) where it is his official duty to make a declaration respecting any matter, knowingly makes a 

false declaration; or 

(e)  obtains  for  himself,  or  for  any  other  person,  any  pension,  allowance  or  other  advantage  or 
privilege by a statement which is false, and which he either knows or believes to be false or does not 
believe  to  be  true,  or  by  making  or  using  a  false  entry  in  any  book  or  record,  or  by  making  any 
document containing a false statement, or by omitting to make a true entry or document containing a 
true statement, 

shall,  on  conviction  by  a  Security  Force  Court,  be  liable to  suffer  imprisonment  for  a term  which  may 
extend to ten years or such less punishment as is in this Act mentioned.  

36. Signing in blank and failure to report.—Any person subject to this Act who commits any of the 

following offences, that is to say,— 

(a) when signing any document relating to pay, arms, ammunition, equipment, clothing, supplies 
or stores, or any property of the Government fraudulently leaves in blank any material part for which 
his signature is a voucher; or 

13 

 
(b) refuses or by culpable neglect omits to make or send a report or return which it is his duty to 

make or send, 

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. 

37. Offences relating to Security Force Court.—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. 

38. False evidence.—Any person subject to this Act who, having been duly sworn or affirmed before 
any  Security  Force  Court or  other  court  competent  under this  Act to administer  an  oath  or  affirmation, 
makes any statement which is false, and which he either knows or believes to be false or does not believe 
to  be  true,  shall,  on  conviction  by  a  Security  Force  Court,  be  liable  to  suffer  imprisonment  for  a  term 
which may extend to seven years or such less punishment as is in this Act mentioned. 

39.  Unlawful  detention  of  pay.—Any  officer,  subordinate  officer  or  an  under-officer  who,  having 
received the pay of a person subject to this Act unlawfully detains or refuses to pay the same when due, 
shall,  on  conviction  by  a  Security  Force  Court,  be  liable to  suffer  imprisonment  for  a term  which  may 
extend to five years or such less punishment as is in this Act mentioned. 

40. Violation of good order and discipline.—Any person subject to this Act who is guilty of any act 
or  omission  which,  though  not  specified  in  this  Act,  is  prejudicial  to  good  order  and  discipline  of  the 
Force shall, on conviction by a Security Force Court, be liable to suffer imprisonment for a term which 
may extend to seven years or such less punishment as is in this Act mentioned. 

41.  Miscellaneous  offences.—Any  person  subject  to  this  Act  who  commits  any  of  the  following 

offences, that is to say,— 

(a) being in command at any post or on the march, and receiving a complaint that any one under 
his command has beaten or otherwise maltreated or oppressed any person, or has disturbed any fair or 
market, or committed any riot or trespass, fails to have due reparation made to the injured person or to 
report the case to the proper authority; or 

(b) by defiling any place of worship, or otherwise, intentionally insults the religion, or wounds the 

religious feelings of, any person; or 

(c) attempts to commit suicide, and in such attempt does any act towards the commission of such 

offence; or 

(d) being below the rank of subordinate officer, when off duty, appears without proper authority, 
in or about camp, or in or about, or when going to, or returning from, any town or bazaar, carrying a 
rifle, sword or other offensive weapon; or 

(e) directly or indirectly accepts or obtains, or agrees to accept, or attempts to obtain, for himself 
or for any other person, any gratification as a motive or reward for procuring the enrolment of any 
person, or leave of absence, promotion or any other advantage or  indulgence for any person in the 
service; or 

14 

 
(f)  commits  any  offence  against  the  property  or  person  of  any  inhabitant  of,  or  resident  in,  the 

country in which he is serving, 

shall,  on  conviction  by  a  Security  Force  Court,  be  liable to  suffer  imprisonment  for  a term  which  may 
extend to seven years or such less punishment as is in this Act mentioned. 

42. Attempt.—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 offence 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. 

43. Abetment of offences that have been committed.—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. 

44. Abetment of offences punishable with death and not committed.—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  on  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. 

45.  Abetment  of  offences  punishable  with  imprisonment  and  not  committed.—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. 

46. Civil offences.—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. 

47.  Civil  offences  not  triable  by  a  Security  Force  Court.—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  

15 

 
 
 
(c) at any place specified by the Central Government by notification in this behalf. 

CHAPTER IV 

PUNISHMENTS 

48.  Punishments  awardable  by  Security  Force  Courts.—(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, that 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 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 any 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. 

49. Alternative punishments awardable by Security Force Courts.—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. 

50. Combination of punishments.—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  (l)  (both  inclusive)  of  that          
sub-section. 

51.  Retention  in  the  Force  of  a  person  convicted  on  active  duty.—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. 

52. Punishments otherwise than by Security Force Courts.—Punishments may also be inflicted in 
respect of offences committed by persons subject to this Act without the intervention of a Security Force 
Court in the manner stated in sections 53 and 55. 

53.  Minor  punishments.—Subject  to  the  provisions  of  section  54,  a  Commandant  or  such  other 
officer  as  is,  with  the  consent  of  Central  Government,  specified  by  the  Director-General  may,  in  the 

16 

 
prescribed  manner,  proceed  against  a  person  subject  to  this  Act,  otherwise  than  as  an  officer  or  a               
sub-ordinate officer, who is charged with an offence under this Act and award such person, to the extent 
prescribed, one or more of the following punishments, that is to say,— 

(a) imprisonment in Force custody up to twenty-eight days; 

(b) detention up-to twenty-eight days; 

(c) confinement to the lines up to twenty-eight days; 

(d) extra guards or duties; 

(e) deprivation of any special position or special emoluments or any acting rank or reduction to a 

lower grade of pay; 

(f) forfeiture of good service and good conduct pay; 

(g) severe reprimand or reprimand; 

(h) fine up to fourteen days pay in any one month; 

(i)  deductions  from  his  pay  of  any  sum  required  to  make  good  such  compensation  for  any 
expense, loss, damage or destruction caused by him to the Central Government, or to any building or 
property as may be awarded by his Commandant. 

54.  Limit  of  punishments  under  section  53.—(1)  In  the  case  of  an  award  of  two  or  more  of  the 
punishments specified in clauses (a), (b), (c) and (d) of section 53, the punishments specified in clause (c) 
or clause (d) shall take effect only at the end of the punishment specified in clause (a) or clause (b). 

(2) When two or more of the punishments specified in the said clauses (a), (b) and (c) are awarded to 
a person conjointly, or when already undergoing one or more of the said punishments, the whole extent of 
the punishments shall not exceed in the aggregate forty-two days. 

(3) The punishments specified in the said clauses (a), (b) and (c) shall not be awarded to any person 
who  is  of  the  rank  of  an  under-officer  or  was,  at  the  time  of  committing  the  offence  for  which  he  is 
punished, of such rank. 

(4) The punishment specified in clause (g) of section 53 shall not be awarded to any person below the 

rank of an under-officer. 

55.  Punishment  of  persons  of  and  below  the  rank  of  subordinate  officers  by  Deputy            

Inspectors-General and others.—(1) An officer not below the rank of the Deputy Inspector-General or 
such other officer as is, with the consent of the Central  Government, specified by the Director-General 
may, in the prescribed manner, proceed against a person of or below the rank of a subordinate officer who 
is charged with an offence under this Act and award one or more of the following punishments, that is to 
say,— 

(a) forfeiture of seniority, or in the case of any of them whose promotion depends upon the length 
of  service  forfeiture  of  service  for  the  purpose  of  promotion  for  a  period  not  exceeding  twelve 
months, but subject to the right of the accused previous to the award to elect to be tried by a Security 
Force Court; 

(b) severe reprimand or reprimand; 

(c) stoppage of pay and allowances until any proved loss or damage occasioned by the offence of 

which he is convicted is made good. 

(2) In every case in which punishment has been awarded under sub-section (1), certified true copies 
of the proceedings shall be forwarded, in the prescribed manner, by the officer awarding the punishment 
to  the  prescribed  superior  authority  who  may,  if  the  punishment  awarded  appears  to  him  to  be  illegal, 
unjust  or  excessive,  cancel,  vary  or  remit  the  punishment  and  make  such  other  direction  as  may  be 
appropriate in the circumstances of the case. 

56. Collective fines.—(1) Whenever any weapon or part of a weapon, or ammunition, forming part of 
the equipment of a unit of the Force, is lost or stolen, an officer not below the rank of the Commandant of 

17 

 
a battalion may, after making such enquiry as he thinks fit and subject to the rules, impose a collective 
fine upon the subordinate officers, under-officers and men of such unit, or upon so many of them as, in 
his judgment, should be held responsible for such loss or theft. 

(2) Such fine shall be assessed as a percentage on the pay of the individuals on whom it falls. 

CHAPTER V 

ARREST AND PROCEEDINGS BEFORE TRIAL 

57. Custody of offenders.—(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. 

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 service. 

(2) The case of every person being detained in custody beyond a period of forty-eight hours, and the 
reasons therefore, shall be reported by the Commandant to the Deputy Inspector-General under whom he 
is serving or such other officer to whom an application may be made to convene a Security Force Court 
for the trial of the person charged. 

(3) In reckoning the period of forty-eight hours specified in sub-section (1), Sundays and other public 

holidays shall be excluded. 

(4)  Subject  to  the  provisions  of  the  Act,  Central  Government  may  make  rules  providing  for  the 
manner in which and the period for which any person subject to this Act may be taken into and detained 
in Force custody, pending the trial by any competent authority for any offence committed by him. 

59. Interval between committal and trial.—In every case where any such person as is mentioned in 
section  57  and  as  is  not  on  active  duty,  remains  in  such  custody  for  a  longer  period  then  eight  days 
without a Security force Court for his trial being convened, a special report giving reasons for the delay 
shall be made by his  Commandant in the manner prescribed, and a similar report shall be forwarded at 
intervals  of  every  eight  days  until  a  Security  Force  Court  is  convened  or  such  person  is  released  from 
custody. 

60.  Arrest  by  civil  authorities.—Whenever  any  person  subject  to  this  Act,  who  is  accused  of  an 
offence under this Act, is within the jurisdiction of any  magistrate or police officer, such magistrate or 
police officer shall aid in the apprehension and delivery to Force custody of such person upon receipt of a 
written application to that effect signed by his Commandant or an officer authorised by the Commandant 
in that behalf. 

61. Capture of deserters.—(1) Whenever any person subject to this Act deserts, the Commandant of 
the  unit  to  which  he  belongs,  shall  give  information  of  the  desertion  to  such  civil  authorities  as,  in  his 
opinion, may be able to the afford assistance towards the capture of the deserter; and such authorities shall 
thereupon take steps for the apprehension of the said deserter in like manner as if he were a person for 
whose  apprehension  a  warrant  had  been  issued  by  a  magistrate,  and  shall  deliver  the  deserter,  when 
apprehended, into Force custody. 

(2) Any police officer may arrest without warrant any person reasonably believed to be subject to this 
Act, and to be a deserter or to be travelling without authority, and shall bring him without delay before the 
nearest magistrate, to be dealt with according to law. 

62. Inquiry into absence without leave.—(1) When any person subject to this Act has been absent 
from duty without due authority for a period of thirty days, a court of inquiry shall, as soon as practicable, 
be appointed by such authority and in such manner as may be prescribed; and such court shall, on oath or 

18 

 
affirmation administered in the prescribed manner, inquire respecting the absence of the  person, and the 
deficiency, if any, in the property of the Government entrusted to his care, or in any arms, ammunition, 
equipment, instruments, clothing or necessaries; and if satisfied of the fact of such absence without due 
authority or other sufficient cause, the court shall declare such absence and the period thereof and the said 
deficiency,  if  any,  and  the  Commandant  of  the  unit  to  which  the  person  belongs  shall  make  a  record 
thereof in the prescribed manner. 

(2) If the person declared absent does not afterwards surrender or is not apprehended, he shall for the 

purposes of this Act, be deemed to be a deserter. 

63. Force police officers.—(1) The Director-General or any prescribed officer may appoint persons 
(in this Act referred to as Force police) for discharging the functions specified in sub-sections (2) and (3).  

(2) The duties of a person appointed under sub-section (1), are to take charge of persons confined for 
any offence, to preserve good order and discipline and to prevent breaches of the same by persons serving 
in, or attached to, the Force. 

(3) Notwithstanding anything contained in section 57, a person appointed under sub-section (1) may, 
at any time, arrest and detain for trial any person subject to this Act who commits, or is charged with, an 
offence, and may also carry into effect any punishment to be inflicted in pursuance of a sentence awarded 
by a Security Force Court or by an officer exercising authority under section 53 but shall not inflict any 
punishment on his own authority: 

Provided that no officer shall be so arrested or detained otherwise than on the order of another officer. 

CHAPTER VI 

SECURITY FORCE COURTS 

64.  Kinds  of  Security  Force  Courts.—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. 

65. Power to convence 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. 

66.  Power  to  convence  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 or any such officer.  

67. Contents of warrants issued under sections 65 and 66.—A warrant, issued under section 65 or 

section 66 may contain such restrictions, reservations or conditions as the officer issuing it may think fit. 

68. Composition of General Security Force Court.—A General Security Force Court shall consist 
of not less than five officers, each of whom has held the post of Deputy Superintendent of Police for not 
less than three whole years and of whom not less than four are of a rank not below that of a confirmed 
Deputy Superintendent of Police.  

Explanation.—For  the  purposes  of  this  section  and  section  69  “Deputy  Superintendent  of  Police” 
includes any post of a higher rank and any post declared by Central Government by notification to be an 
equivalent post as also any post higher in rank than the post so declared. 

69. Composition of a Petty Security Force Court.—A Petty Security Force Court shall consist of 
not less than three officers each of whom has held the post of Deputy Superintendent of Police for not less 
than two whole years. 

70.  Summary  Security  Force  Court.—(1)  A  Summary  Security  Force  Court  may  be  held  by  the 

Cornandant of any unit of the Force and he alone shall constitute the Court. 

19 

 
(2)  The  proceedings  shall  be  attended  throughout  by  two  other  persons  who  shall  be  officers  or 

subordinate officers or one of either, and who shall not as such, be sworn or affirmed. 

71. Dissolution of a Security Force Court.—(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. 

72.  Powers  of  a  General  Security  Force  Court.—A  General  Security  Force  Court  shall  have  the 
power to try any person subject to this Act for any offence punishable thereunder and to pass any sentence 
authorised thereby. 

73. Powers of a Petty Security Force Court.—A Petty Security Force Court shall have power to try 
any person subject to this Act other than an officer or subordinate officer for any offence made punishable 
thereunder  and  to  pass  any  sentence  authorised  by  this  Act  other  than  a  sentence  of  death,  or 
imprisonment for a term exceeding two years. 

74. Powers of a Summary Security Force Court.—(1) Subject to the provisions of sub-section (2), 

a Summary Security Force Court may try any offence punishable under this Act. 

(2)  When  there  is  no  grave  reason  for  immediate  action  and  reference  can  without  detriment  to 
discipline be made to the officer empowered to convene a Petty Security Force Court for the trial of the 
alleged offender, an officer holding a Summary Security Force Court shall not try without such reference 
any  offence punishable  under any  of the sections  14,  17  and  46 of this  Act,  or any  offence against the 
officer holding the court. 

(3) A Summary Security Force Court may try any person subject to this Act and under the command 

of the officer holding the court, except an officer, or a subordinate officer. 

(4)  A  Summary  Security  Force  Court  may  pass  any  sentence  which  may  be  passed  under  this  Act 

except  the  sentence  of  death  or  of  imprisonment  for  a  term  exceeding  the  limit  specified  in                          
sub-section (5).  

(5) The limit referred to in sub-section (4) shall be,— 

(a)  one  year,  if  the  officer  holding  the  Security  Force  Court  has  held  either  the  post  of 
Superintendent  of  Police  or  a  post  declared  by  the  Central  Government  by  notification  to  be 
equivalent thereto, for a period of not less than three years or holds a post of higher rank than either of 
the said post; and 

(b) three months, in any other case.  

75.  Prohibition  of  second  trial.—(1)  When  any  person  subject  to  this  Act  has  been  acquitted  or 
convicted  of an  offence  by  a  Security  Force  Court  or  by  a  criminal court  or  has  been  dealt  with  under 
section 53 or under section 55, he shall not be liable to be tried again for the same offence by a Security 
Force Court or dealt with under the said sections. 

(2) When any person, subject to this Act, has been acquitted or convicted of an offence by a Security 
Force Court or has been dealt with under section 53 or section 55, he shall not be liable to be tried again 
by a criminal court for the same offence or on the same facts. 

76.  Period  of  limitation  for  trial  for  an  offence  of  desertion  in  certain  cases.—No  trial  for  an 
offence of desertion, other than desertion on active duty, shall be commenced if the person in question, 
not  being  an  officer,  has  subsequently  to  the  commission  of  the  offence,  served  continuously  in  an 
exemplary manner for not less than three years with any unit of the Force. 

20 

 
77. Trial, etc., of offender who ceases to be subject to this Act.—(1) Where an offence under this 
Act had been committed by any person while subject to this Act, and he has ceased to be so subject, he 
may be taken into and kept in Force custody and tried and punished for such offence as if he continued to 
be so subject. 

(2) No such person shall be tried for an offence, unless his trial commences within six months after he 

had ceased to be this Act: 

Provided that nothing contained in this sub-section shall apply to the trial of any such person for an 
offence of desertion or for any of the offences mentioned in section 17 or shall affect the jurisdiction of a 
criminal court to try any offence triable by such court as well as by a Security Force Court. 

78. Application of Act during term of sentence.—(1) When a person subject to this Act is sentenced 
by a Security Force Court to imprisonment, this Act shall apply to him during the term of his sentence, 
though he is dismissed from the Force, or has otherwise ceased to be subject to this Act, and he may be 
kept, removed, imprisoned and punished as if he continued to be subject to this Act. 

(2) When a person subject to this Act is sentenced by a Security Force Court to death, this Act shall 

apply to him till the sentence is carried out.  

79. Place of trial.—Any person subject to this Act who commits any offence against it may be tried 

and punished for such offence in any place whatever. 

80.  Choice  between  criminal  court  and  Security  Force  Court.—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. 

81.  Power  of  criminal  court  to  require  delivery  of  offender.—(1)  When  a  criminal  court  having 
jurisdiction is of opinion that proceedings shall be instituted before itself in respect of any alleged offence 
it may, by written notice, require the officer referred to in section 80 at his option, either to deliver over 
the  offender  to  the  nearest  magistrate  to  be  proceeded  against  according  to  law,  or  to  postpone 
proceedings, pending a reference to the Central Government. 

(2) In every such case the said officer shall either deliver over the offender in compliance with the 
requisition,  or  shall  forthwith  refer  the  question  as  to  the  court  before  which  the  proceedings  are  to  be 
instituted,  for  the  determination  of  the  Central  Government  whose  order  upon  such  reference  shall  be 
final. 

CHAPTER VII 

PROCEDURE OF SECURITY FORCE COURTS 

82.  Presiding  Officer.—At  every  General  Security  Force  Court  or  Petty  Security  Force  Court,  the 

senior member shall be the presiding officer. 

83. Law Officers.—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. 

84.  Challenges.—(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 
objected to shall be heard and recorded, and the remaining officers of the court shall in the absence of the 
challenged officer decide on the objection. 

21 

 
(3)  If  the  objection  is  allowed  by  one-half  or  more  of  the  votes  of  the  officers  entitled to  vote, the 
objection shall be allowed, and the member objected to shall retire, and his vacancy may be filled in the 
prescribed manner, by another officer subject to the same right of the accused to object. 

(4) When no challenge is made, or when a challenge has been made and disallowed, or the place of 
every officer successfully challenged has been filled by another officer to whom no objection is made or 
allowed, the court shall proceed with the trial. 

85.  Oaths  of  member,  Law  Officer  and  witness.—(1)  An  oath  or  affirmation  in  the  prescribed 
manner shall be administered to every member of every Security Force Court and to the Law Officer or as 
the case may be the officer approved under section 83, before the commencement of the trial. 

(2) Every person giving evidence before a Security Force Court shall be examined after being duly 

sworn or affirmed in the prescribed form. 

(3) The provisions of sub-section (2) shall not apply where the witness is a child under twelve years 
of age and the Security Force Court is of opinion that though the witness understands the duty of speaking 
the truth, he does not understand the nature of an oath or affirmation. 

86. Voting by members.—(1) Subject to the provisions of sub-sections (2) and (3), every decision of 
a Security Force Court shall be passed by an absolute majority of votes; and where there is an equality of 
votes on either the finding or the sentence, the decision shall be in favour of the accused. 

(2) No sentence of death shall be passed by a General Security Force Court without the concurrence 

of at least two-thirds of the members of the court. 

(3)  In  matters,  other  than  a  challenge  or  the  finding  or  sentence,  the  presiding  officer  shall  have  a 

casting vote. 

87. General rule as to evidence.—The Indian Evidence Act, 1872 (1 of 1872), shall, subject to the 

provisions of this Act, apply to all proceedings before a Security Force Court. 

88.  Judicial  notice.—A  Security  Force  Court  may  take  judicial  notice  of  any  matter  within  the 

general knowledge of the members as officers of the Force. 

89.  Summoning  witnesses.—(1)  The  convening  officer,  the  presiding  officer  of  a  Security  Force 
Court, the Law Officer or, as the case may be, the officer approved under section 83 or the Commandant 
of the accused person may, by summons under his hand, require the attendance, at a time and place to be 
mentioned in the summons, of any person either to give evidence or to produce any document or other 
thing. 

(2) In the case of a witness who is subject to this Act, the summons shall be sent to his Commandant 

and such officer shall serve it upon him accordingly. 

(3)  In  the  case  of  any  other  witness;  the  summons  shall  be  sent  to  the  magistrate  within  whose 
jurisdiction he may be, or resides, and such magistrate shall give effect to the summons as if the witness 
were required in the court of such a magistrate. 

(4) When a witness is required to produce any particular document of other thing in his possession or 

power, the summons shall describe it with reasonable precision. 

90. Documents exempted from production.—(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 

22 

 
the  orders  of  any  such  District  Magistrate,  Chief  Presidency  Magistrate  or  High  Court  or  Court  of 
Sessions. 

91.  Commissions  for  examination  of  witnesses.—(1)  Whenever,  in  the  course  of  a  trial  by  a 
Security Force Court, it appears to the court that the examination of a witness is necessary for the ends of 
justice, and that the attendance of such witness cannot be procured without an amount of delay, expense 
or inconvenience which, in the circumstances of the case, would be unreasonable, such court may address 
the Chief Law Officer in order that a commission to take the evidence of such witness may be issued. 

(2)  The  Chief  Law  Officer  may  then,  if  he  thinks  necessary,  issue  a  Commission  to  any  District 
Magistrate  or  Magistrate  of  the  first  class,  within  the  local  limits  of  whose  jurisdiction  such  witness 
resides, to take the evidence of such witness. 

(3) The Magistrate or officer to whom the commission is issued, or, if he is the District Magistrate, he 
or  such  Magistrate  of  the  first  class  as  he  appoints  in  this  behalf,  shall  proceed  to  the  place  where  the 
witness is, or shall summon the witness before him and shall take down his evidence in the same manner, 
and may for this purpose exercise the same powers, as in the trials of warrant-cases under the Code of 
Criminal Procedure, 1898 (5 of 1898). 

(4) When the witness resides in a tribal area or in any place outside India, the commission may be 

issued in the manner specified in Chapter XL of the Code of Criminal Procedure, 1898 (5 of 1898.). 

92. Examination of a witness on commission.—(1) The prosecutor and the accused person in any 
case in which a commission is issued under section 91 may respectively forward any interrogatories in 
writing  which  the  court  may  think  relevant  to  the  issue,  and  the  Magistrate  or  officer  executing  the 
commission shall examine the witness upon such interrogatories. 

(2) The prosecutor and the accused person may appear before such Magistrate or officer by counsel 
or, except in the case of an accused person in custody, in person, and may examine, cross-examine and    
re-examine, as the case may be, the said witness. 

(3) After a commission issued under section 91 has been duly executed, it shall be returned, together 

with the deposition of the witness examined thereunder to the Chief Law Officer. 

(4) On receipt of a Commission, and deposition returned under sub-section (3), the Chief Law Officer 
shall  forward  the  same  to  the  court  at  whose  instance  the  commission  was  issued  or,  if  such  court  has 
been dissolved, to any other court convened for the trial of the accused person; and  the commission, the 
return thereto and the deposition shall be open to inspection by the prosecutor and the accused person, and 
may, subject to all just exceptions, be read in evidence in the case by either the prosecutor or the accused, 
and shall form part of the proceedings of the court. 

(5) In every case in which a commission is issued under section 91, the trial may be adjourned for 

specified time reasonably sufficient for the execution and return of the commission. 

93. Conviction of offence not charged.—(1) A person charged before a Security Force Court with 

desertion may be found guilty of attempting to desert or of being absent without leave. 

(2) A person charged before a Security Force Court with attempting to desert may be found guilty of 

being absent without leave. 

(3) A person charged before a Security Force Court with using criminal force may be found guilty of 

assault. 

(4) A person charged before a Security Force Court with using threatening language  may be found 

guilty of using insubordinate language. 

(5)  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. 

23 

 
(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  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. 

94.  Presumption  as  to  signatures.—In  any  proceeding  under  this  Act,  any  application,  certificate, 
warrant, reply or other document purporting to be signed by an officer in the service of the Government 
shall, on production, be presumed to have been duly signed by the person by whom and in the character in 
which it purports to have been signed, until the contrary is shown. 

95.  Enrolment  paper.—(1)  Any  enrolment  paper  purporting  to  be  signed  by  an  enrolling  officer 
shall,  in  proceedings  under  this  Act,  be  evidence  of  the  person  enrolled  having  given  the  answers  to 
questions which he is therein represented as having given. 

(2) The enrolment of such person may be proved by the production of the original or a copy of his 
enrolment  paper  purporting  to  be  certified  to  be  a  true  copy  by  the  officer  having  the  custody  of  the 
enrolment paper. 

96.  Presumption  as  to  certain  documents.—(1)  A  letter,  return  or  other  document  respecting  the 
service  of  any  person  in,  or  the  dismissal  or  discharge  of  any  person  from,  any  unit  of  the  Force,  or 
respecting the circumstances of any person not having served in, or belonged to, any unit of the Force, if 
purporting  to  be  signed  by  or  on  behalf  of  the  Central  Government  or  the  Director-General,  or  by  any 
prescribed officer, shall be evidence of the facts stated in such letter, return or other document. 

(2) A Border Security Force List or Gazette purporting to be published by authority shall be evidence 
of the status and rank of the officers, subordinate officers therein mentioned, and of any appointment held 
by them 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 is being tried on a charge of desertion or of absence without 
leave and such person has surrendered himself into the custody of, or has been apprehended by, a police 
officer not below the rank of an officer in charge of a police station, a certificate purporting to be signed 
by  such  police  officer  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. 

(7) Any document purporting to be a report under the hand of any Chemical Examiner or Assistant 
Chemical Examiner to Government upon any matter or thing duly submitted to him for examination or 
analysis and report, may be used as evidence in any proceeding under this Act. 

97.  Reference  by  accused  to  Government  Officer.—(1)  If  at  any  trial  for  desertion  or  absence 
without leave, overstaying leave or not rejoining when warned for service, the accused person states in his 
defence any sufficient or reasonable excuse for his unauthorised absence, and refers in support thereof to 
any officer in the service of the Government, or if it appears that any such officer is likely to prove or 

24 

 
disprove  the  said  statement  in  the  defence,  the  court  shall  address  such  officer  and  adjourn  the 
proceedings until his reply is received. 

(2) The written reply of any officer so referred to shall, if signed by him, be received in evidence and 

have the same effect as if made on oath before the court. 

(3) If the court is dissolved before the receipt of such reply, or if the court omits to comply with the 
provisions of this section, the convening officer may, at his discretion, annul the proceedings and order a 
fresh trial. 

98. Evidence of previous convictions and general character.—(1) When any person subject to this 
Act has been convicted by a Security Force Court of any offence, such Security Force Court may inquire 
into, and receive, and record evidence of any previous convictions of such person, either by a Security 
Force Court or by a criminal court, or any previous award of punishment under section 53 or 55, and may 
further  inquire  into  and  record  the  general  character  of  such  person  and  such  other  matters  as  may  be 
prescribed. 

(2) Evidence received under this section may be either oral, or in the shape of entries in, or certified 
extracts from, books of Security Force Courts or other official records; and it shall not be necessary to 
give notice before trial to the person tried that evidence as to his previous convictions or character will be 
received. 

(3) At a Summary Security Force Court, the officer holding the trial may, if he thinks fit, record any 
previous  convictions  against  the  offender,  his  general  character,  and  such  other  matters  as  may  be 
prescribed,  as  of  his  own  knowledge,  instead  of  requiring  them  to  be  proved  under  the  foregoing 
provisions of this section. 

99. Lunacy of accused.—(1) Whenever, in the course of a trial by a Security Force Court, it appears 
to the court that the person charged is by reason of unsoundness of mind incapable of making his defence, 
or that he committed the act alleged but was by reason of unsoundness of mind incapable of knowing the 
nature  of  the  act  or  knowing  that  it  was  wrong  or  contrary  to  law,  the  court  shall  record  a  finding 
accordingly. 

(2) The presiding officer of the court, or, in the case of a Summary Security Force Court, the officer 
holding the trial, shall forthwith report the case to the confirming officer, or to the authority empowered 
to deal with its finding under section 115, as the case may be. 

(3)  The  confirming  officer  to  whom  the  case  is  reported  under  sub-section  (2)  may,  if  he  does  not 
confirm  the finding,  take  steps  to have  the  accused  person  tried  by  the same  or  another  Security  Force 
Court for the offence with which he was charged. 

(4)  The  authority  to  whom  the  finding  of  a  Summary  Security  Force  Court  is  reported  under                 

sub-section (2), and a confirming officer confirming the finding in any case so reported to him shall order 
the accused person to be kept in custody in the prescribed manner and shall report the case for the orders 
of the Central Government. 

(5)  On  receipt  of  a  report  under  sub-section  (4),  the  Central  Government  may  order  the  accused 

person to be detained in a lunatic asylum or other suitable place of safe custody. 

100.  Subsequent  fitness  of  lunatic  accused  for  trial.—Where  any  accused  person,  having  been 
found by reason of unsoundness of mind to be incapable of making his defence, is in custody or under 
detention under section 99, any officer prescribed in this behalf, may— 

(a) if  such  person  is  in custody  under  sub-section (4)  of  section 99,  on the report  of  a  medical 

officer that he is capable of making his defence, or 

(b) if such person is detained in a jail under sub-section (5) of section 99, on a certificate of the 

Inspector  General  of  Prisons,  and  if  such  person  is  detained  in  a  lunatic  asylum  under  the  said                      
sub-section, on a certificate of any two or more of the visitors of such asylum and if he is detained in 
any other place under that sub-section, on a certificate of the prescribed authority, that he is capable 
of  making  his  defence,  take  steps  to  have  such  person  tried  by  the  same  or  another  Security  Force 

25 

 
Court for the offence with which he was originally charged or, if the offence is a civil offence, by a 
criminal court. 

101.  Transmission  to  Central  Government  of  orders  under  section  100.—A  copy  of  every            

order  made  by  an  officer  under  section  100  for  the  trial  of  the  accused  shall  forthwith  be  sent  to  the 
Central Government. 

102. Release of lunatic accused.—Where any person is in custody under sub-section (4) of section 

99 or under detention under sub-section (5) of that section,— 

(a) if such person is in custody under the said sub-section (4), on the report of a medical officer, 

or  

(b)  if  such  person  is  detained  under  the  said  sub-section  (5),  on  a  certificate  from  any  of  the 
authorities  mentioned  in  clause  (b)  of  section  100  that  in  the judgment  of  such officer  or  authority 
such person may be released without danger of his doing injury to himself or to any other person,  

the Central Government may order that such person be released or detained in custody, or transferred to a 
public lunatic asylum if he has not already been sent to such an asylum. 

103. Delivery of lunatic accused to relatives.—Where any relative or friend of any person who is in 
custody under sub-section (4) of section 99 or under detention under sub-section (5) of that section desires 
that  he  should  be  delivered  to  his  care  and custody,  the  Central  Government  may,  upon  application  by 
such relative or friend and, on his giving security to the satisfaction of that Government that the person 
delivered  shall  be  properly  taken  care  of,  and,  prevented  from  doing  injury  to  himself  or  to  any  other 
person, and be produced for the inspection of such officer, and at such times and places, as the Central 
Government may direct, order such person to be delivered to such relative or friend. 

104.  Order  for  custody  and  disposal  of  property  pending  trial.—When  any  property  regarding 
which  any  offence  appears  to  have  been  committed,  or  which  appears  to  have  been  used  for  the 
commission of any offence, is produced before a Security Force Court during a trial, the court may make 
such order as it thinks fit for the proper custody of such property pending the conclusion of the trial, and 
if  the  property  is  subject  to  speedy  or,  natural  decay  may,  after  recording  such  evidence  as  it  thinks 
necessary, order it to be sold or otherwise disposed of. 

105.  Order  for  disposal  of  property  regarding  which  offence  is  committed.—(1)  After  the 
conclusion of a trial before any Security Force Court, the court or the officer confirming the finding or 
sentence  of  such  Security  Force  Court,  or  any  authority  superior  to  such  officer,  or,  in  the  case  of  a 
Summary Security Force Court whose finding or sentence does not require confirmation, an officer not 
below the rank of Deputy Inspector-General within whose command the trial was held, may make such 
order as it or he thinks fit for the disposal by destruction, confiscation, delivery to any person claiming to 
be entitled to possession thereof, or otherwise, of any property or document produced before the court or 
in its custody, or regarding which any offence appears to have been committed or which has been used for 
the commission of any offence. 

(2) Where any order has been made under sub-section (1) in respect of property regarding which an 
offence  appears  to  have  been  committed,  a  copy  of  such  order  signed  and  certified  by  the  authority 
making the same may, whether the trial was held within India or not, be sent to a magistrate within whose 
jurisdiction  such  property  for  the  time  being  is  situated,  and  such  magistrate  shall  thereupon  cause  the 
order to be carried into effect as if it were an order passed by him  under the provisions of the Code of 
Criminal Procedure, 1898 (5 of 1898). 

(3) In this section, the term “property” includes, in the case of property regarding which an offence 
appears to have been committed, not only such property as has been originally in the possession or under 
the control of any person, but also any property into or for which the same may have been converted or 
exchanged, and anything acquired by such conversion or exchange whether immediately or otherwise. 

106. Powers of Security Force  Court in relation to proceedings under this Act.—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 

26 

 
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). 

CHAPTER VIII 

CONFIRMATION AND REVISION 

107.  Finding  and  sentence  not  valid,  unless  confirmed.—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.  

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. 

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. 

110. Limitation of powers of confirming authority.—A warrant issued under section 108 or section 

109 may contain such restrictions, reservations or conditions as the authority issuing it may think fit. 

111. Power  of  confirming  authority to mitigate, remit  or  commute  sentences.—Subject to  such 
restrictions, reservations  or conditions, as may be contained in any warrant issued under section 108 or 
section  109,  a  confirming  authority  may,  when  confirming  the  sentence  of  a  Security  Force  Court, 
mitigate  or remit the  punishment  thereby  awarded,  or  commute  that  punishment  for  any  punishment  or 
punishments lower in the scale laid down in section 48. 

112. Confirming of findings and sentences on board a ship.—When any person subject to this Act 
is tried and sentenced by a Security Force Court while on board a ship, the finding and sentence so far as 
not confirmed and executed on board the ship, may be confirmed and executed in like manner as if such 
person had been tried at the port of disembarkation. 

113. Revision of finding or sentence.—(1) Any finding or sentence of a Security Force Court which 
requires confirmation may be once revised by order of the confirming authority and on such revision, the 
court, if so directed by the confirming authority, may take additional evidence. 

(2)  The  court,  on  revision,  shall  consist  of  the  same  officers  as  were  present  when  the  original 

decision was passed, unless any of those officers are unavoidably absent. 

(3) In case of such unavoidable absence the cause thereof shall be duly certified in the proceedings, 
and  the  court  shall  proceed  with  the  revision,  provided  that,  if  a  General  Security  Force  Court,  it  still 
consists of five officers, or, if a Petty Security Force Court, of three officers. 

114. Finding and sentence of a Summary Security Force Court.—(1) Save as otherwise provided 
in sub-section (2),  the finding  and sentence of  a  Summary  Security  Force  Court  shall  not require to  be 
confirmed, but may be carried out forthwith. 

(2) If the officer holding the trial is of the rank of Superintendent of Police or of a rank declared under 
clause (a) of sub-section (5) of section 74 as equivalent thereto or of a lower rank and has held such rank 
for  less  than  five  years,  he  shall  not,  except  on  active  duty,  carry  into  effect  any  sentence,  until  it  has 
received the approval of an officer not below the rank of Deputy Inspector-General. 

115. Transmission of proceedings of Summary Security Force Courts.—The proceedings of every 
Summary  Security  Force  Court  shall,  without  delay,  be  forwarded  to  the  officer  not  below  the  rank  of 
Deputy Inspector-General within whose command the trial was held, or to the prescribed officer, and such 
officer, or the Director-General or any officer empowered by him in this behalf may, for reasons based on 
the  merits  of  the  case,  but  not  on  merely  technical  grounds,  set  aside  the  proceedings,  or  reduce  the 
sentence to any other sentence which the court might have passed. 

116. Alteration of finding or sentence in certain cases.—(1) Where a finding of guilty by a Security 
Force Court, which has been confirmed or which does not require confirmation, is found for any reason to 
be  invalid  or  cannot  be  supported  by  the  evidence,  the  authority  which  would  have  had  power  under 

27 

 
section  128  to  commute  the  punishment  awarded  by  the  sentence,  if  the  finding  had  been  valid  may 
substitute a new finding and pass a sentence for the offence specified or involved in such finding:  

Provided that no such substitution shall be made unless such finding could have been validly made by 
the Security Force Court on the charge and unless it appears that the Security Force Court must have been 
satisfied of the facts establishing the said offence. 

(2) Where a sentence passed by a Security Force Court which has been confirmed, or which does not 

require  confirmation,  not  being  a  sentence  passed  in  pursuance  of  a  new  finding  substituted  under             
sub-section (1), is found for any reason to be invalid, the authority referred to in sub-section (1) may pass 
a valid sentence. 

(3) The punishment awarded by a sentence passed under sub-section (1) or sub-section (2) shall not 
be higher in the scale of punishments than, or in excess of, the punishment awarded by, the sentence for 
which a new sentence is substituted under this section. 

(4) Any finding substituted, or any sentence passed, under this section shall, for the purposes of this 
Act and the rules, have effect as if it were a finding or sentence, as the case may be, of a Security Force 
Court. 

117. Remedy against order, finding or sentence of Security Force Court.—(1) Any person subject 
to this Act who considers himself aggrieved by any order passed by any Security Force Court may present 
a petition to the officer or authority empowered to confirm any finding or sentence of such Security Force 
Court, and the confirming authority may take such steps as may be considered necessary to satisfy itself 
as to the correctness, legality or propriety of the order passed or as to the regularity of any proceeding to 
which the order relates. 

(2) Any person subject to this Act who considers himself aggrieved by a  finding or sentence of any 
Security Force Court which has been confirmed, may present a petition to the Central Government, the 
Director-General, or any prescribed officer superior in command to the one who confirmed such finding 
or sentence, and the Central Government, the Director-General, or the prescribed officer, as the case may 
be, may pass such order thereon as it or he thinks fit. 

118. Annulment of proceedings.—The Central Government, the Director-General, or any prescribed 
officer  may  annul  the  proceedings  of  any  Security  Force  Court  on  the  ground  that  they  are  illegal  or 
unjust. 

CHAPTER IX 

EXECUTION OF SENTENCE, PARDONS, REMISSIONS, ETC. 

119. Form of sentence of death.—In awarding a sentence of death, a Security Force Court shall, in 
its discretion direct that the offender shall suffer death by being hanged by the neck until he be dead, or 
shall suffer death by being shot to death. 

120.  Commencement  of  sentence  of  imprisonment.—Whenever  any  person  is  sentenced  by  a 
Security Force Court under this Act to imprisonment, the term of his sentence shall, whether it has been 
revised or not, be reckoned to commence on the day on which the original proceedings were signed by the 
presiding officer, or in the case of a Summary Security Force Court, by the court. 

121.  Execution  of  sentence  of  imprisonment.—(1)  Whenever  any  sentence  of  imprisonment  is 
passed  under  this  Act  by  a  Security  Force  Court  or  whenever  any  sentence  of  death  is  commuted  to 
imprisonment, the confirming officer or in case of a Summary Security Force Court the officer holding 
the court or such other officer as may be prescribed shall, save as otherwise provided in sub-sections (3) 
and (4) direct that the sentence shall be carried out by confinement in a civil prison. 

(2)  When  a  direction  has  been  made  under  sub-section  (1)  the  Commandant  of  the  person  under 
sentence or such other officer as may be prescribed shall forward a warrant in the prescribed form to the 
officer in charge of the prison in which such person is to be confined and shall arrange for his despatch to 
such prison with the warrant. 

28 

 
 
(3)  In  the  case  of  a  sentence  of  imprisonment  for  a  period  not  exceeding  three  months  and  passed 
under this Act by a Security Force Court, the appropriate officer under sub-section (1) may direct that the 
sentence shall be carried out by confinement in Force custody instead of in a civil prison. 

(4) On active duty, a sentence of imprisonment may be carried out by confinement in such place as 
the Deputy Inspector-General within whose command the person sentenced is serving or any prescribed 
officer, may from time to time appoint. 

1[(121A)  Period  of  custody  undergone  by  a  person 

to  be  set  off  against 

the                  

imprisonment.—When any person subject to this Act is sentenced by a Security Force Court to a term of 
imprisonment, not being an imprisonment in default of payment of fine, the period spend by him in civil 
or Force custody during investigation, inquiry or trial of the same case, and before the date of order of 
such sentence, shall be set off against the term of imprisonment imposed upon him, and the liability of 
such  person  to undergo  imprisonment  on  such  order of  sentence  shall  be  restricted to  the  remainder, if 
any, of the term of imprisonment imposed upon him.] 

122.  Temporary  custody  of  offender.—Where  a  sentence  of  imprisonment  is  directed  to  be 
undergone in a civil prison the offender may be kept in Force custody or in any other fit place, till such 
time as it is possible to send him to a civil prison. 

123.  Execution  of  sentence  of  imprisonment  in  special  cases.—Whenever,  in  the  opinion  of  an 
officer  not  below  the  rank  of  Deputy  Inspector-General  within  whose  command  the  trial  is  held,  any 
sentence or portion of a sentence of imprisonment cannot for special reasons, conveniently be carried out 
in  Force  custody  in  accordance  with  the  provisions  of  section  121,  such  officer  may  direct  that  such 
sentence or portion of sentence shall be carried out by confinement in any civil prison or other fit place. 

124. Conveyance of prisoner from place to place.—A person under sentence of imprisonment may 
during his conveyance from place to place, or when on board ship, aircraft or otherwise, be subjected to 
such restraint as is necessary for his safe conduct and removal. 

125. Communication of certain orders to prison officers.—Whenever an order is duly made under 
this Act setting aside or varying any sentence, order or warrant under which any person is confined in a 
civil prison, a warrant in accordance with such order shall be forwarded by the officer making the order or 
his staff officer or such other person as may be prescribed, to the officer in charge of the prison in which 
such person is confined. 

126. Execution of sentence of fine.—When a sentence of fine is imposed by a Security Force Court 
under  section  46,  a  copy  of  such  sentence  signed  and  certified  by  the  confirming  officer,  or  where  no 
confirmation is required, by the officer holding the trial may be sent to any magistrate in India, and such 
magistrate shall thereupon cause the fine to be recovered in accordance with the provisions of the Code of 
Criminal Procedure, 1898 (5 of 1898), as if it were a sentence of fine imposed by such magistrate. 

127.  Informality  or  error  in  the  order  or  warrant.—Whenever  any  person  is  sentenced  to 
imprisonment under this Act, and is undergoing the sentence in any place or manner in which he might be 
confined under a lawful order or warrant in pursuance of this Act, the confinement of such person shall 
not be deemed to be illegal only by reason of informality or error in, or as respects, the order, warrant or 
other document, or the authority by which, or in pursuance whereof such person was brought into, or, is 
confined in any such place, and any such order, warrant or document may be amended accordingly. 

128. Pardon and remission.—When any person subject to this Act has been convicted by a Security 
Force Court of any offence, the Central Government or the Director-General or, in the case of a sentence, 
which he could have confirmed or which did not require confirmation, an officer not below the rank of 
Deputy Inspector-General within whose command such person at the time of conviction was serving, or 
the prescribed officer may,— 

(a)  either  with  or  without conditions  which the  person  sentenced  accepts,  pardon  the  person  or 

remit the whole or any part of the punishment awarded; or 

(b) mitigate the punishment awarded; or 

1. Ins. by Act 35 of 2000, s. 2 (w.e.f. 1-9-2000). 

29 

 
                                                           
(c) commute such punishment for any less punishment or punishments mentioned in this Act; 

(d) either with or without conditions which the person sentenced accepts, release the person on 

parole.  

129. Cancellation of conditional pardon, release on parole or remission.—(1) If any condition on 
which  a  person  has  been  pardoned  or  released  on  parole  or  a  punishment  has  been  remitted  is,  in  the 
opinion of the authority which granted the pardon, release or remission, not fulfilled, such authority may 
cancel the pardon, release or remission, and thereupon the sentence of the court shall be carried into effect 
as if such pardon, release or remission had not been granted. 

(2)  A  person  whose  sentence  of  imprisonment  is  carried  into  effect  under  the  provisions  of                  

sub-section (1) shall undergo only the unexpired portion of his sentence. 

130. Suspension of sentence of imprisonment.—(1) Where a person subject to this Act is sentenced 
by a Security Force Court to imprisonment, the Central Government, the Director-General or any officer 
empowered  to  convene  a  General  Security  Force  Court  may  suspend  the  sentence  whether  or  not  the 
offender has already been committed to prison or to Force custody. 

(2) The authority or officer specified in sub-section (1) may, in the case of an offender so sentenced 
direct  that  until  the  orders  of  such  authority  or  officer  have  been  obtained,  the  offender  shall  not  be 
committed to prison or to Force custody. 

(3)  The  powers  conferred  by  sub-sections  (1)  and  (2)  may  be  exercised  in  the  case  of  any  such 

sentence which has been confirmed, reduced or commuted. 

131. Orders pending suspension.—(1) Where the sentence referred to in section 130 is imposed by a 
Security  Force  Court  other  than  a  Summary  Security  Force  Court,  the  confirming  officer  may,  when 
confirming the sentence, direct that the offender be not committed to prison or to Force custody until the 
orders of the authority or officer specified in section 130, have been obtained. 

(2) Where  a sentence  of imprisonment  is imposed  by  a  Summary  Security  Force  Court, the  officer 
holding the trial or the officer authorised to approve of the sentence under sub-section (2) of section 114 
may make the direction referred to in sub-section (1). 

132. Release on suspension.—Where a sentence is suspended under section 130, the offender shall 

forthwith be released from custody. 

133.  Computation  of  period  of  suspension.—Any  period  during  which  the  sentence  is  under 

suspension shall be reckoned as part of the term of such sentence.  

134.  Order  after  suspension.—The  authority  or  officer  specified  in  section  130  may,  at  any  time 

while a sentence is suspended, order— 

(a) that the offender be committed to undergo the unexpired portion of the sentence; or 

(b) that the sentence be remitted. 

135. Reconsideration of case after suspension.—(1) Where a sentence has been suspended, the case 
may at any time, and shall at intervals of not more than four months, be reconsidered by the authority or 
officer specified in section 130, or by any officer not below the rank of a Deputy Inspector-General duly 
authorised by the authority or officer specified in section 130. 

(2) Where on such reconsideration by the officer so authorised it appears to him that the conduct of 
offender  since  his conviction  has  been  such  as  to justify  a  remission  of the sentence,  he shall refer the 
matter to the authority or officer specified in section 130. 

136. Fresh sentence after suspension.—Where an offender, while a sentence on him  is suspended 

under this Act, is sentenced for any other offence, then— 

(a)  if  the  further  sentence  is  also  suspended  under  this  Act,  the  two  sentences  shall  run 

concurrently;  

30 

 
(b) if the further sentence is for a period of three months or more and is not suspended under this 
Act, the offender shall also be committed to prison or Force custody for the unexpired portion of the 
previous sentence, but both sentences shall run concurrently; and 

(c) if the further sentence is for a period of less than three months and is not suspended under this 
Act, the offender shall be so committed on that sentence only, and the previous sentence shall, subject 
to any order which may be passed under section 134 or section 135 continue to be suspended. 

137.  Scope  of  power  of  suspension.—The  powers  conferred  by  sections  130  and  134  shall  be                 

in addition to, and not in derogation of, the power of mitigation, remission and commutation. 

138. Effect of suspension and remission on dismissal.—(1) Where in addition to any other sentence 
the  punishment  of  dismissal  has  been  awarded  by  a  Security  Force  Court,  and  such  other  sentence  is 
suspended under section 130, then, such dismissal shall not take effect until so ordered by the authority or 
officer specified in section 130. 

(2)  If  such  other  sentence  is  remitted  under  section  134,  the  punishment  of  dismissal  shall  also  be 

remitted.  

CHAPTER X 

MISCELLANEOUS 

139. Powers and duties conferrable and imposable on members of the Force.—(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 

(ii)  for  the  purpose  of  apprehending  any  person  who  has  committed  any  offence  referred  to  in 

clause (i),  

exercise  or  discharge  such  of  the  powers  or  duties  under  that  Act  or  any  other  Central  Act  as  may  be 
specified in the said order, being the powers and duties which, in the opinion of the Central Government, 
an  officer  of  the  corresponding  or  lower  rank  is  by  that  or  such  other  Act  empowered  to  exercise  or 
discharge for the said purposes. 

(2) The Central Government may, by general or special order published in the Official Gazette, confer 
or impose, with the concurrence of the State Government concerned, any of the powers or duties which 
may be exercised or discharged under a State Act by a police officer upon a member of the Force who, in 
the opinion of the Central Government, holds a corresponding or higher rank. 

(3) Every order made under this section shall be laid, as soon as may be after it is made, before each 
House of Parliament while it is in session for a total period of thirty days which may be comprised in one 
session  or  1[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 order or both Houses agree that the order should not be made, the order 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 order.  

140.  Protection  for  acts  of  members  of  the  Force.—(1)  In  any  suit  or  proceeding  against  any 
member of the Force for any act done by him in pursuance of a warrant or order of a competent authority, 
it shall be lawful for him to plead that such act was done by him under the authority of such warrant or 
order. 

1. Subs. by Act 4 of 1986, s. 2 and the Schedule, for certain words (w.e.f. 15-5-1986). 

31 

 
                                                           
(2) Any such plea may be proved by the production of the warrant or order directing the act, and if it 
is so proved the member of the Force shall thereupon be discharged from liability in respect of the act so 
done by him, notwithstanding any defect in the jurisdiction of the authority which issued such warrant or 
order. 

(3)  Notwithstanding  anything  contained  in  any  other  law  for  the  time  being  in  force,  any  legal 
proceeding (whether civil or criminal) which may lawfully be brought against any member of the Force 
for anything done or intended to be done under the powers conferred by, or in pursuance of, any provision 
of  this  Act  or  the  rules,  shall  be  commenced  within  three  months  after  the  act  complained  of  was 
committed and not otherwise, and notice in writing of such proceeding and of the cause thereof shall be 
given  to  the  defendant  or  his  superior  officer  at  least  one  month  before  the  commencement  of  such 
proceeding. 

141. Power  to make  rules.—(1) The  Central  Government  may,  by  notification,  make  rules  for the 

purpose of carrying into effect the provisions of this Act. 

(2)  In  particular  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for,— 

(a) the constitution, governance, command and discipline of the Force; 

(b) the enrolment of persons to the Force and the recruitment of other members of the Force; 

(c) the conditions of service (including deductions from pay and allowances) of members of the 

Force; 

(d) the rank, precedence, powers of command and authority of the officers, subordinate officers, 

under-officers and other persons subject to this Act; 

(e) the removal, retirement release or discharge from the service of persons subject to this Act;  

(f) the purposes and other matters required to be prescribed under section 13;  

(g)  the  convening,  constitution,  adjournment,  dissolution  and  sittings  of  Security  Force  Courts, 
the  procedure  to  be  observed  in  trials  by  such  courts  the  persons  by  whom  an  accused  may  be 
defended in such trial and the appearance of such persons thereat; 

(h) the confirmation, revision and annulment of, and petitions against, the findings and sentences 

of Security Force Courts; 

(i) the  1[forms of orders] to be made under the provisions of this Act relating to Security Force 

Courts and the awards and infliction of death, imprisonment and detention; 

(j) the carrying into effect of sentences of Security Force Courts; 

(k) any matter necessary for the purpose of carrying this Act into execution, as far as it relates to 
the  investigation,  arrest,  custody,  trial  and  punishment  of  offences  triable  or  punishable  under  this 
Act; 

(l) the ceremonials to be observed and marks of respect to be paid in the Force; 

(m)  the  convening  of,  the  constitution,  procedure  and  practice  of,  courts  of  inquiry,  the 

summoning of witnesses before them and the administration of oaths by such Courts; 

(n) the recruitment and conditions of service of the Chief Law Officer and the Law Officers; 

(o) any other matter which is to be, or may be prescribed or in respect of which this Act makes no 
provision or makes insufficient provision and provision is, in the opinion of the Central Government, 
necessary for the proper implementation of this Act. 

(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House 
of Parliament while it is in session for a total period of thirty days which may be comprised in one session 

1. Subs. by Act 19 of 1988, s. 3 and the Second Schedule, for “forms or orders” (w.e.f. 31-3-1988). 

32 

 
                                                           
or  1[in two 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. 

142. Provisions as to existing Border Security Force.—(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)  Members  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. 

1. Subs. by Act 4 of 1986, s. 2 and the Schedule, for certain words (w.e.f. 15-5-1986). 

33 

 
                                                           
