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The Indo-Tibetan Border Police Force Act

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.
1992
List of Chapters & Sections

  1. PRELIMINARY

  2. 1
     Short title and commencement
  3. 2
     Definitions
  4. 3
     Persons subject to this Act

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

  • 4
     Constitution of the Force
  • 5
     Control, direction, etc
  • 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
  • 14
     Remedy of aggrieved persons other than officers
  • 15
     Remedy of aggrieved officers

  • OFFENCES

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

  • PUNISHMENTS

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

  • DEDUCTIONS FROM PAY AND ALLOWANCES

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

  • ARREST AND PROCEEDINGS BEFORE TRIAL

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

  • FORCE COURTS

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

  • PROCEDURE OF FORCE COURTS

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

  • CONFIRMATION AND REVISION

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

  • EXECUTION OF SENTENCES, PARDONS, REMISSIONS, ETC.

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

  • MISCELLANEOUS

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