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BORDER SECURITY FORCE ACT, 1968
47 of 1968
2nd September, 1968
An Act to provide for the constitution and regulation of an Armed Force of the Union for ensuring security of the borders of India and for matters connected therewith. This Act has been extended to Sikkim by S. 0.208 (E) of 1975, (23-6-1976), see Gazette of India, 16-5-1975, Pt. U.S.) (i), Ext., p. 1213. Be it enacted by Parliament in the Nineteenth
Year of the Republic of India as follows:-
CHAPTER 1 PRELIMINARY
SECTION 01: SHORT TITLE AND COMMENCEMENT
(1) This Act may be called The Border Security Force Act, 1968.
(2) It shall come into force on such date1as the Central Government may. by notification in the Official Gazette, appoint.
SECTION 02: DEFINITIONS
(1) 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, b 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 are a 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-, 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 provisions
(g) "criminal court" means a Court, of ordinary criminal justice in any part of India;
(h) "Deputy Inspector-General" means 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;
(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 rot 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 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 lo the corresponding law in force in that State.
SECTION 03: 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 02 CONSTITUTION OF THE FORCE AND CONDITIONS OF SERVICE OF THE MEMBERS OF THE FORCE
SECTION 04: 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.
SECTION 05: CONTROL, DIRECTION, ETC
(1) The general superintendence, direction and control of the Force shall vest in, and be exercised by, the Central Government and subject thereto and to the provisions of this Act and the rules, the command and supervision of the Force shall vest in an officer to be appointed by the Central Government as the Director-General of the Force.
(2) The Director-General shall, in the discharge of his duties under this Act, be assisted by such number of Inspectors-General, Deputy Inspectors-General, Commandants and other officers as may be appointed by the Central Government.
SECTION 06: 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.
SECTION 07: 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.
SECTION 08: 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.
SECTION 09: TENURE OF SERVICE UNDER THE ACT
Every person subject to this Act shall hold office during the pleasure bf the President.
SECTION 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.
SECTION 11: DISMISSAL, REMOVAL OR 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 as 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.
SECTION 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.
SECTION 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.
(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 03: OFFENCES
SECTION 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 false 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.
SECTION 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, 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.
SECTION 16: OFFENCES PUNISHABLE MORE SEVERELY 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.
SECTION 17: MUTINY
Any person subject to this Act who commits any of the following offences, chat 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.
SECTION 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 powers to cause such person to be apprehended, shall, on conviction by a Security Force Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in that Act mentioned.
SECTION 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 or 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.
SECTION 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 an offence specified in clause
(c), the imprisonment shall not exceed five years.
SECTION 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 is 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.
SECTION 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.
SECTION 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.
SECTION 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.
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