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Bar News Acts League

The National Security Guard Act, 1986

Act ID: 1986

The National Security Guard Act, 1986

"An Act to provide for the constitution and regulation of an armed force of the Union for combating terrorist activities."

Table of Contents

140 Sections

Ch. 1

PRELIMINARY

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

Ch. 2

CONSTITUTION OF THE SECURITY GUARD AND CONDITIONS OR SERVCE OF THE MEMBERS OF THE SECURITY GUARD

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

Ch. 3

OFFENCES

S.15Offences in relation to the terrorists and other persons in arms against the Union and punishable with death.S.16Offences punishable more severely on active duty than at other times.S.17Mutiny.S.18Desertion and aiding desertion.S.19Absence without leave.S.20Striking or threatening superior officer.S.21Disobedience to superior officer.S.22Assault and obstruction.S.23Certain forms of disgraceful conduct.S.24Ill-treating a subordinate.S.25Drunkenness.S.26Permitting escape of person in custody.S.27Irregularity in connection with arrest or confinement.S.28Escape from custody.S.29Offences in respect of property.S.30Extortion and exaction.S.31Making away with equipment.S.32Injury to property.S.33False accusations.S.34Falsifying official documents and false declarations.S.35False declaration on appointment.S.36Offences relating to Security Guard Court.S.37False evidence.S.38Unlawful detention of pay.S.39Unbecoming conduct.S.40Violation of good order and discipline.S.41Miscellaneous offences.S.42Attempt.S.43Abetment of offences that have been committed.S.44Abetment of offences that have not been committed.S.45Civil offences.S.46Civil offences not triable by a Security Guard Court.

Ch. 4

PUNISHMENTS

S.47Punishments awardable by Security Guard Courts.S.48Alternative punishments awardable by Security Guard Courts.S.49Combination of punishments.S.50Punishments otherwise than by Security Guard Courts.S.51Minor punishments.S.52Limit of punishments under section 51.S.53Punishment of officers of or below the rank of Squadron Commanders by officers not below the rank of Inspectors-General.S.54Punishment of persons of the rank of Assistant Commander.

Ch. 5

ARREST AND PROCEEDINGS BEFORE TRIAL

S.55Custody of offenders.S.56Duty of Commander in regard to detention.S.57Interval between committal and trial.S.58Arrest by civil authorities.S.59Capture of deserters.S.60Inquiry into absence without leave.

Ch. 6

SECURITY GUARD COURTS

S.61Kinds of security Guard Courts.S.62Power to convene General Security Guard Court.S.63Power to convene a Petty Security Guard Court.S.64Contents of warrants issued under sections 62 and 63.S.65Composition of General Security Guard Court.S.66Composition of a Petty Security Guard Court.S.67Summary Security Guard Court.S.68Dissolution of a Security Guard Court.S.69Powers of a General Security Guard Court.S.70Powers of a Petty Security Guard Court.S.71Powers of a Summary Security Guard Court.S.72Prohibition of second trial.S.73Period of limitation for trial.S.74Trial, etc., of offender who ceases to be subject to this Act.S.75Application of Act during term of sentence.S.76Place of trial.S.77Choice between Criminal Court and Security Guard Court.S.78Power of criminal court to require delivery of offender.

Ch. 7

PROCEDURE OF SECURITY GUARD COURTS

S.79Presiding officer.S.80Judge Attorneys, etc.S.81Challenges.S.82Oaths of members, Judge Attorney and witness.S.83Voting by members.S.84General rule as to evidence.S.85Judicial notice.S.86Summoning witnesses.S.87Documents exempted from production.S.88Commissions for examination of witnesses.S.89Examination of witness on commission.S.90Conviction of offence not charged.S.91Presumption as to signatures.S.92Appointment paper.S.93Presumption as to certain documents.S.94Reference by accused to Government officer.S.95Evidence of previous convictions and general character.S.96Lunacy of accused.S.97Subsequent fitness of lunatic accused for trial.S.98Transmission to Central Government of orders under section 97.S.99Release of lunatic accused.S.100Delivery of lunatic accused to relatives.S.101Order for custody and disposal of property pending trial.S.102Order for disposal of property regarding which offence is committed.S.103Powers of Security Guard Court in relation to proceedings under the Act.

Ch. 8

CONFIRMATION AND REVISION

S.104Finding and sentence not valid, unless confirmed.S.105Power to confirm finding and sentence of General Security Guard Court S.106Power to confirm finding and sentence of Petty Security Guard Court.S.107Limitation of powers of confirming authority.S.108Power of confirming authority to mitigate, remit or commute sentences S.109Revision of finding or sentence S.110Finding and sentence of a Summary Security Guard Court.S.111Transmission of proceedings of Summary Security Guard Court S.112Alteration of finding of sentence in certain cases.S.113Remedy against order, finding or sentence of Security Guard Court.S.114Annulment of proceedings.

Ch. 9

EXECUTION OF SENTENCES, PARDONS, REMISSIONS, ETC

S.115Form of sentence of death.S.116Commencement of sentence of imprisonment S.117Execution of sentence of imprisonment.S.118Temporary custody of offender.S.119Execution of sentence of imprisonment in special cases S.120Conveyance of prisoner from place to place.S.121Communication of certain orders to prison officers.S.122Execution of sentence of fine.S.123Informality or error in the order or warrant S.124Pardon and remission S.125Cancellation of conditional pardon, release on parole or remission.S.126Suspension of sentence of imprisonment S.127Orders pending suspension.S.128Release on suspension.S.129Computation of period of suspension.S.130Order after suspension S.131Reconsideration of case after suspension.S.132Fresh sentence after suspension.S.133Scope of power of suspension.S.134Effect of suspension and remission on dismissal.

Ch. 10

MISCELLANEOUS

S.135Rank structure S.136Deduction from pay and allowances S.137Powers and duties conferable and imposable on members of the Security Guard.S.138Protection for acts of members of the Security Guard.S.139Power to make rules.S.140Provisions as to existing National Security Guard.