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Bar News Acts League

The Indo-Tibetan Border Police Force Act, 1992

Act ID: 1992

The Indo-Tibetan Border Police Force Act, 1992

"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."

Table of Contents

157 Sections

Ch. 1

PRELIMINARY

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

Ch. 2

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

S.4Constitution of the Force.S.5Control, direction, etc.S.6Enrolment.S.7Liability for service outside India.S.8Resignation and withdrawal from the post.S.9Tenure of service under the Act.S.10Termination of service by Central Government.S.11Dismissal, removal or reduction by the Director-General and by other officers.S.12Certificate of termination of service.S.13Restrictions respecting right to form association, freedom of speech, etc.S.14Remedy of aggrieved persons other than officers.S.15Remedy of aggrieved officers.

Ch. 3

OFFENCES

S.16Offences in relation to the enemy or terrorist and punishable with death.S.17Offences in relation to the enemy and not punishable with death.S.18Offences punishable more severely on active duty than at other times.S.19Mutiny.S.20Desertion and aiding desertion.S.21Absence without leave.S.22Striking or threatening superior officers.S.23Disobedience to superior officer.S.24Insubordination and obstruction.S.25False answers on enrolment.S.26Unbecoming conduct.S.27Certain forms of disgraceful conduct.S.28Ill-treating a subordinate.S.29Intoxication.S.30Permitting escape of person in custody.S.31Irregularity in connection with arrest or confinement.S.32Escape from custody.S.33Offences in respect of property.S.34Extortion and exaction.S.35Making away with equipment.S.36Injury to property.S.37False accusations.S.38Falsifying official documents and false declarations.S.39Signing in blank and failure to report.S.40Offences relating to Force Court.S.41False evidence.S.42Unlawful detention of pay.S.43Violation of good order and discipline.S.44Miscellaneous offences.S.45Attempt.S.46Abetment of offences that have been committed.S.47Abetment of offences punishable with death and not Committee.S.48Abetment of offences punishable with imprisonment and not committed.S.49Civil offences.S.50Civil offences not triable by a Force Court.

Ch. 4

PUNISHMENTS

S.51Punishment awardable by Force Courts.S.52Alternative punishments awardable by Force Courts.S.53Combination of punishments.S.54Retention in the force of a person convicted on active duty.S.55Punishments otherwise than by Force Courts.S.56Minor punishments.S.57Limit of punishments under section 56.S.58Punishment of persons of or below the rank of Commandant by Inspectors-General and others.S.59Review of proceedings.S.60Collective fines.

Ch. 5

DEDUCTIONS FROM PAY AND ALLOWANCES

S.61Deductions from pay and allowances of persons subject to this Act.S.62Pay and allowances during trial.S.63Limit of certain deductions.S.64Deduction from public money due to a person.S.65Pay and allowances of prisoner of war during inquiry into his conduct.S.66Remission of deductions.S.67Provision for dependants of prisoner of war from his remitted deductions and pay and allowances.S.68Period during which a person is dedmed to be a prisoner of war.

Ch. 6

ARREST AND PROCEEDINGS BEFORE TRIAL

S.69Custody of offenders.S.70Duty of commanding officer in regard to detention.S.71Interval between committal and trial.S.72Arrest by civil authorities.S.73Capture of deserters.S.74Inquiry into absence without leave.S.75Force Police Officers.

Ch. 7

FORCE COURTS

S.76Kinds of Force Courts.S.77Power to convene a General Force Court.S.78Power to convene a Petty Force Court.S.79Contents of warrants issued under sections 77 and 78.S.80Composition of a General Force Court.S.81Composition of a Petty Force Court.S.82Summary Force Court.S.83Dissolution of a Force Court.S.84Power of a General Force Court.S.85Power of a Petty Force Court.S.86Power of a Summary Force Court.S.87Prohibition of second trial.S.88Period of limitation for trial.S.89Trial, etc., of offender who ceases to be subject to this Act.S.90Application of Act during term of sentence.S.91Place of trial.S.92Choice between criminal court and Force Court.S.93Power of criminal court to require delivery of offender.

Ch. 8

PROCEDURE OF FORCE COURTS

S.94Presiding officer.S.95Judge Attorneys.S.96Challenge.S.97Oaths of member, Judge Attorney and witness.S.98Voting by members.S.99General rule as to evidence.S.100Judicial notice.S.101Summoning witnesses.S.102Documents exempted from production.S.103Commissions for examination of witnesses.S.104Examination of a witness on commission.S.105Conviction for offences not charged.S.106Presumption as to signatures.S.107Enrolment paper.S.108Presumption as to certain documents.S.109Reference by accused to Government officer.S.110Evidence of previous convictions and general character.S.111Lunacy of accused.S.112Subsequent fitness of lunatic accused for trial.S.113Transmission to Central Government of orders under section 112.S.114Release of lunatic accused.S.115Delivery of lunatic accused to relatives.S.116Order for custody and disposal of property pending trial.S.117Order for disposal of property regarding which offence is committed.S.118Powers of Force Court in relation to proceedings under this Act.S.119Tender of pardon to accomplies.S.120Trial of person not complying with conditions of pardon.

Ch. 9

CONFIRMATION AND REVISION

S.121Finding and sentence not valid unless confirmed.S.122Power to confirm finding and sentence of General Force Court.S.123Power to confirm finding and sentence of Petty Force Court.S.124Limitation of powers of confirming authority.S.125Power of confirming authority to mitigate, remit or commute sentences.S.126Confirming of findings and sentences on board a ship.S.127Revision of finding or sentence.S.128Finding and sentence of a Summary Force Court.S.129Transmission of proceedings of Summary Force Court.S.130Alteration of finding or sentence in certain cases.S.131Remedy against order, finding or sentence of Force Court.S.132Annulment of proceedings.

Ch. 10

EXECUTION OF SENTENCES, PARDONS, REMISSIONS, ETC

S.133Form of sentence of death.S.134Commencement of sentence of imprisonment.S.135Execution of sentence of imprisonment.S.136Temporary custody of offender.S.137Execution of sentence of imprisonment in special cases.S.138Conveyance of prisoner from place to place.S.139Communication of certain orders to prison officers.S.140Execution of sentence of fine.S.141Informality or error in the order or warrant.S.142Pardon and remission.S.143Cancellation of conditional pardon, release on parole or remission.S.144Suspension of sentence of imprisonment.S.145Orders pending suspension.S.146Release on suspension.S.147Computation of period of suspension.S.148Order after suspension.S.149Reconsideration of case after suspension.S.150Fresh sentence after suspension.S.151Scope of power of suspension.S.152Effect of suspension and remission on dismissal.

Ch. 11

MISCELLANEOUS

S.153Rank structure.S.154Powers and duties conferable and imposable on members of the Force.S.155Protection for acts of members of the Force.S.156Power to make rules.S.157Provisions as to existing Indo-Tibetan Border Police Force.