BSF ACT AND RULES - jeywin

BSF ACT AND RULESBSF ACT AND RULESBSF ACT AND RULESBSF ACT AND RULESBSF ACT AND RULES

MARCH 2004

RESTRICTED

RESTRICTED

BSF ACT 1

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MINISTRY OF LAW(Legislative Department)

New Delhi, the 2nd September, 1968/Bhadra 11, 1890 (Saka)

The following Act of Parliament received the assent of thePresident on the 2nd September, 1968, and is hereby published forgeneral information:-

2 BSF ACT

THE BORDER SECURITY FORCE ACT, 1968No. 47 of 1968

[2nd September, 1968]

CHAPTER-I

PRELIMINARY

1. (1) This Act may be called the Border SecurityForce Act, 1968.

(2) It shall come into force on such date as theCentral Government may, by notification inthe Official Gazette, appoint.

2. (1) In this Act, unless the context otherwiserequires,-

(a) “active duty”, in relation to a person subjectto this Act, means any duty as a member ofthe Force during the period in which suchperson is attached to, or forms part of, a unitof the Force -

(i) which is engaged in operationsagainst an enemy, or

(ii) which is operating at a picket orengaged on patrol or other guard dutyalong the borders of India,

and includes duty by such person during any period declaredby the Central Government by notification in the OfficialGazette as a period of active duty with reference to any area

Short titleand com-mencement.

Definitions.

An Act to provide for the constitution andregulation of an Armed Force of the Union forensuring the security of the borders of India andfor matters connected therewith.

Be it enacted by Parliament in the Nineteenthyear of the Republic of India as follows:-

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in which any person or class of persons subject to this Actmay be serving;

(b) “battalion” means a unit of the Forceconstituted as a battalion by the CentralGovernment;

(c) “Chief Law Officer” and “Law Officer”mean, respectively, the Chief Law Officer anda Law Officer of the Force appointed by theCentral Government;

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

(e) “civil prison” means any jail or place usedfor the detention of any criminal prisonerunder the Prisons Act, 1894, or under anyother law for the time being in force;

(f) “Commandant”, when used in any provisionof this Act with reference to any unit of theForce, means the officer whose duty it isunder the rules to discharge with respect tothat unit, the functions of a Commandant inregard to matters of the description referredto in that provision;

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

(h) “Deputy-Inspector General” means a DeputyInspector General of the Force appointedunder section 5;

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

(j) “enemy” includes all armed mutineers, armedrebels, armed rioters, pirates and any personin arms against whom it is the duty of anyperson subject to this Act to take action;

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

9 of 1894.

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

(m) “Force custody” means the arrest orconfinement of a member of the Forceaccording to rules;

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

(o) “member of the Force” means an officer, asubordinate officer, an under-officer or otherenrolled person;

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

(q) “offence” means any act or omissionpunishable under this Act and includes a civiloffence;

(r) “officer” means a person appointed or in payas an officer of the Force, but does not includea subordinate officer or an under-officer;

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

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

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

(v) “subordinate officer” means a personappointed or in pay as a Subedar-Major, aSubedar or a Sub-Inspector of the Force;

(w) “superior officer”, when used in relation to aperson subject to this Act, means:-

(i) any member of the force to whosecommand such person is for the time beingsubject in accordance with the rules;

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

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and includes when such person is not an officer, a subordinateofficer 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 notdefined in this Act but defined in theIndian Penal Code shall have themeanings assigned to them in that Code.

(2) In this Act, references to any law not in forcein the State of Jammu and Kashmir shall be construed asreferences to the corresponding law in force in that State.

3. (1) The following persons shall be subject to thisAct, wherever they may be, namely:-

(a) officers and subordinate officers; and

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

(2) Every person subject to this Act shall remainso subject until retired, discharged, released, removed ordismissed from the force in accordance with the provisionsof this Act and the rules.

45 of 1860.

Persons sub-ject to thisAct.

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CHAPTER-II

CONSTITUTION OF THE FORCE ANDCONDITIONS OF SERVICE OF THE

MEMBERS OF THE FORCE

4. (1) There shall be an armed force of the Unioncalled the Border Security Force for ensuring the security ofthe borders of India.

(2) Subject to the provisions of this Act, the Forceshall be constituted in such manner as may be prescribedand the conditions of service of the members of the Forceshall be such as may be prescribed.

5. (1) The general superintendence, direction andcontrol of the Force shall vest in, and be exercised by, theCentral Government and subject thereto and to the provisionsof this Act and the rules, the command and supervision ofthe Force shall vest in an officer to be appointed by the CentralGovernment as the Director-General of the force.

(2) The Director-General shall, in the dischargeof his duties under this Act, be assisted by such number ofInspectors-General, Deputy Inspectors-General,Commandants and other officers as may be appointed by theCentral Government.

6. (1) The persons to be enrolled to the Force, themode of enrolment, and the procedure for enrolment shallbe such as may be prescribed by the Central Government.

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

7. Every member of the Force shall be liable to serve inany part of India as well as outside India.

Constitutionof the Force.

Control, di-rection etc.

Enrolment.

Liability forservice out-side India.

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8. No member of the Force shall be at liberty,-

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

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

except with the previous permission in writing of theprescribed authority.

9. Every person subject to this Act shall hold officeduring the pleasure of the President.

10. Subject to the provisions of this Act and the rules,the Central Government may dismiss or remove from theservice any person subject to this Act.

11. (1) The Director-General or any Inspector-General may dismiss or remove from the service or reduceto a lower grade or rank or the ranks any person subject tothis Act other than an officer.

(2) An officer not below the rank of DeputyInspector General or any prescribed officer may dismiss orremove from the service any person under his command otherthan an officer or a subordinate officer of such rank or ranksas may be prescribed.

(3) Any such officer as is mentioned in sub-section (2) may reduce to a lower grade or rank or the ranksany person under his command except an officer or asubordinate officer.

(4) The exercise of any power under this sectionshall be subject to the provisions of this Act and the rules.

12. A subordinate officer, or an under-officer or otherenrolled person who is retired, discharged, released, removedor dismissed from the service shall be furnished by the officer,to whose command he is subject, with a certificate in the

Resignationand with-drawal fromthe post.

Tenure ofservice underthe Act.

Terminationof service byCentral Gov-ernment

Di smi s sa l ,removal orreduction bythe DirectorGeneral andby other of-ficers.

Certificate ofterminationof service.

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language which is the mother tongue of such person and also inHindi 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. (1) No person subject to this Act shall, withoutthe previous sanction in writing of the Central Governmentor of the prescribed authority,-

(a) be a member of, or be associated in any waywith, any trade union, labour union, political association orwith any class of trade unions, labour unions or politicalassociations; or

(b) be a member of, or be associated in any waywith, any society, institution, association or organisation thatis not recognised as part of the Force or is not of a purelysocial, recreational or religious nature; or

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

Explanation:- If any question arises as to whetherany society, institution, association or organisation is of apurely social, recreational or religious nature under clause(b) of this sub-section, the decision of the CentralGovernment thereon shall be final.

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

Restrictionsr e s p e c t i n gright to formassociation,freedom ofspeech, etc.

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CHAPTER-III

OFFENCES

14. Any person subject to this Act who commits any ofthe following offences, that is to say:-

(a) shamefully abandons or delivers up any post,place or guard, committed to his charge orwhich it is his duty to defend; or

(b) intentionally uses any means to compel orinduce any person subject to this Act or tomilitary, naval or air force law to abstain fromacting against the enemy or to discourage suchperson from acting against the enemy; or

(c) in the presence of the enemy, shamefully castsaway his arms, ammunition, tools orequipment or misbehaves in such manner asto show cowardice; or

(d) treacherously holds correspondence with orcommunicates intelligence to, the enemy orany person in arms against the Union; or

(e) directly or indirectly assists the enemy withmoney, arms, ammunition, stores or suppliesor in any other manner whatsoever; or

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

(g) in time of action leaves his Commandant orother superior officer or his post, guard,picket, patrol or party without being regularlyrelieved or without leave; or

(h) having been captured by the enemy or madea prisoner of war, voluntarily serves with oraids the enemy; or

Offences inrelation to theenemy andpunishablewith death.

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(i) knowingly harbours or protects an enemy notbeing a prisoner; or

(j) being a sentry in time of active operationagainst the enemy or alarm, sleeps upon hispost or is intoxicated; or

(k) knowingly does any act calculated to imperilthe success of the Force or the military, navalor air forces of India or any forces co-operating therewith or any part of such forces,

shall, on conviction by a Security Force Court, beliable to suffer death or such less punishment as is in thisAct mentioned.

15. Any person subject to this Act who commits any ofthe following offences, that is to say,-

(a) is taken prisoner or captured by the enemy,by want of due precaution or throughdisobedience of orders, or wilful neglect ofduty, or having been taken prisoner or socaptured fails to rejoin his service when ableto do so; or

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

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


(a) forces a safeguard, or forces or uses criminalforce to a sentry; or

Offences inrelation to theenemy andnot punish-able withdeath.

O f f e n c e spunishablemore se-verely on ac-tive duty thanat othertimes.

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

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

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

(e) intentionally or through neglect occasions afalse alarm in camp or quarters, or spreadsor causes to be spread reports calculated tocreate unnecessary alarm or despondency; or

(f) makes known the parole, watchword orcountersign to any person not entitled toreceive it; or knowingly gives a parole,watch-word or countersign different fromwhat he received.

shall, on conviction by a Security Force Court:-

(A) If he commits any such offence when on activeduty, be liable to suffer imprisonment for a termwhich may extend to fourteen years or such lesspunishment as is in this Act mentioned; and

(B) If he commits any such offence when not onactive duty, be liable to suffer imprisonment fora term which may extend to seven years or suchless punishment as is in this Act mentioned.


(a) begins, incites, causes or conspires with anyother person to cause any mutiny in the Forceor in the military, naval or air forces of Indiaor 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 endeavour to suppress the same; or

Mutiny.

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(d) knowing or having reason to believe in theexistence of any such mutiny, or of anyintention to mutiny or of any such conspiracy,does not, without delay, give informationthereof to his Commandant or other superiorofficer; or

(e) endeavours to seduce any person in the Forceor in the military, naval or air forces of Indiaor any forces co-operating therewith from hisduty or allegiance to the Union;

shall, on conviction by a Security Force Court, be liable tosuffer death or such less punishment as is in this Actmentioned.

18. (1) Any person subject to this Act who desertsor attempts to desert the service shall, on conviction by aSecurity Force Court,-

(a) if he commits the offence when on active dutyor when under orders for active duty, be liableto suffer death or such less punishment as isin this Act mentioned; and

(b) if he commits the offence under any othercircumstances, be liable to sufferimprisonment for a term which may extendto seven years or such less punishment as isin this Act mentioned.

(2) Any person subject to this Act who knowinglyharbours any such deserter shall, on conviction by a SecurityForce Court, be liable to suffer imprisonment for a term whichmay extend to seven years or such less punishment as is inthis Act mentioned.

(3) Any person subject to this Act who, beingcognizant of any desertion or attempt at desertion of a personsubject to this Act, does not forthwith give notice to his ownor some other superior officer, or take any steps in his power

Desertionand aidingdesertion.

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to cause such person to be apprehended, shall, on conviction bya Security Force Court, be liable to suffer imprisonment for aterm which may extend to two years or such less punishment asis in this Act mentioned.


(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 appropriateauthority that any battalion or part thereof orany other unit of the Force, to which hebelongs, has been ordered on active duty,fails, without sufficient cause, to rejoinwithout delay; or

(d) without sufficient cause fails to appear at thetime fixed at the parade or place appointedfor exercise or duty; or

(e) when on parade, or on the line of march,without sufficient cause or without leavefrom his superior officer, quits the parade orline of march; or

(f) when in camp or elsewhere, is found beyondany limits fixed, or in any place prohibited,by any general, local or other order, withouta pass or written leave from his superiorofficer; or

(g) without leave from his superior officer orwithout due cause, absents himself from anyschool when duly ordered to attend there,

shall, on conviction by a Security Force Court, be liable tosuffer imprisonment for a term which may extend to threeyears or such less punishment as is in this Act mentioned.20. Any person subject to this Act who commits any of thefollowing offences, that is to say,-

(a) uses criminal force to or assaults his superior

Absencewithoutleave.

14 BSF ACT

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 executionof his office or, if the offence is committed on active duty, beliable to suffer imprisonment for a term which may extendto fourteen years or such less punishment as is in this Actmentioned; and

(B) in other cases, be liable to sufferimprisonment for a term which may extend to ten years orsuch less punishment as is in this Act mentioned.

Provided that in the case of an offence specified inclause (c), the imprisonment shall not exceed five years.

21. (1) Any person subject to this Act who disobeysin such manner as to show a wilful defiance of authority anylawful command given personally by his superior officer inthe execution of his office whether the same is given orally,or in writing or by signal or otherwise, shall on convictionby a Security Force Court, be liable to suffer imprisonmentfor a term which may extend to fourteen years or such lesspunishment as is in this Act mentioned.

(2) Any person subject to this Act who disobeysany lawful command given by his superior officer shall, onconviction by a Security Force Court,-

(a) if he commits such offence when on activeduty, be liable to suffer imprisonment for a term which mayextend to fourteen years or such less punishment as is in thisAct mentioned; and

(b) if he commits such offence when not on ac-tive duty, be liable to suffer imprisonment for a term whichmay extend to five years or such less punishment as is in thisAct mentioned.22. Any person subject to this Act who commits any of thefollowing offences, that is to say,-

Disobedienceto superiorofficer.

Striking orthreateningsuperior of-ficers.

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Insubordina-tion andobstruction.

(a) being concerned in any quarrel, affray or disorder,refuses to obey any officer, though of inferiorrank, who orders him into arrest, or uses criminalforce 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 cus-tody he is lawfully placed, and whether he is or isnot his superior officer; or

(c) resists an escort whose duty it is to apprehendhim 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 sec-

tion 63 or any person lawfully acting on hisbehalf, or when called upon, refuses to assistin the execution of his duty a Force Police orany person lawfully acting on his behalf,

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

23. Any person having become subject to this Act whois discovered to have made at the time of enrolment a wilfullyfalse answer to any question set forth in the prescribed formof enrolment which has been put to him by the enrollingofficer before whom he appears for the purpose of beingenrolled, shall, on conviction by a Security Force Court, beliable to suffer imprisonment for a term which may extendto five years or such less punishment as is in this Actmentioned.24. Any person subject to this Act who commits any of thefollowing offences, that is to say,-

(a) is guilty of any disgraceful conduct of a cruel,

False an-swers on en-rolment

16 BSF ACT

indecent or unnatural kind; or(b) malingers, or feigns, or produces disease or

infirmity in himself or intentionally delays hiscure or aggravates his disease or infirmity;or

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

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

25. Any officer, subordinate officer or under-officer, whouses criminal force to or otherwise ill-treats any person subjectto this Act, being his subordinate in rank or position, shall,on conviction by a Security Force Court, be liable to sufferimprisonment for a term, which may extend to seven yearsor such less punishment as is in this Act mentioned.

26. Any person subject to this Act who is found in a stateof intoxication, whether on duty or not, shall, on convictionby a Security Force Court, be liable to suffer imprisonmentfor a term which may extend to six months or such lesspunishment as is in this Act mentioned.


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

(b) wilfully or without reasonable excuse allows toescape any person who is committed to hischarge, or whom it is his duty to keep or guard,

Certain formsof disgracefulconduct.

Ill-treating asubordinate.

Intoxication.

Pe rmi t t ingescape ofperson incustody.

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shall, on conviction by a Security Force Court, be liable, if actedwilfully, to suffer imprisonment for a term which may extend toten years or such less punishment as is in this Act mentioned; andif he has not acted wilfully, to suffer imprisonment for a termwhich may extend to two years or such less punishment as is inthis Act mentioned.


(a) unnecessarily detains a person in arrest orconfinement without bringing him to trial,or fails to bring his case before the properauthority for investigation; or

(b) having committed a person to Force custodyfails without reasonable cause to deliver atthe time of such committal, or as soon aspracticable, and in any case within forty-eighthours thereafter, to the officer or other personinto whose custody the person arrested iscommitted, an account in writing signed byhimself of the offence with which the personso committed is charged,

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

29. Any person subject to this Act who, being in lawfulcustody, escapes or attempts to escape, shall, on convictionby a Security Force Court, be liable to suffer imprisonmentfor a term which may extend to three years or such lesspunishment as is in this Act mentioned.


(a) commits theft of any property belonging to theGovernment, or to any Force mess, band or in-stitution, or to any person subject to this Act; or

(b) dishonestly misappropriates or converts to his

Irregularityin connectionwith arrest orconfinement.

Escape fromcustody.

Offences inrespect ofproperty.

18 BSF ACT

own use any such property; or

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

(d) dishonestly receives or retains any suchproperty in respect of which any of theoffences under clauses (a), (b) and (c) hasbeen committed, knowing or having reasonto believe the commission of such offence;or

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

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

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


(a) commits extortion; or(b) without proper authority exacts from any

person money, provisions or service,



(a) makes away with, or is concerned in makingaway with, any arms, ammunition,equipment, instruments, tools, clothing or anyother thing being the property of theGovernment issued to him for his use orentrusted to him; or

Extortionandcorruption.

Makingaway withequipment.

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

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

shall, on conviction by a Security Force Court, be liable tosuffer imprisonment for a term which may extend, in thecase of the offences specified in clause (a), to ten years, andin the case of the offences specified in the other clauses, tofive years or in either case such less punishment as is in thisAct mentioned.


(a) destroys or injures any property mentionedin clause (a) of section 32, or any propertybelonging to any Force mess, band orinstitution, or to any person subject to thisAct; or

(b) commits any act which causes damage to, ordestruction of, any property of theGovernment by fire; or

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

shall, on conviction by a Security Force Court, be liable, ifhe has acted wilfully, to suffer imprisonment for a term whichmay extend to ten years or such less punishment as is in thisAct mentioned; and if he has acted without reasonable excuse,to suffer imprisonment for a term which may extend to fiveyears or such less punishment as is in this Act mentioned.34. Any person subject to this Act who commits any of thefollowing offences, that is to say,-

(a) makes a false accusation against any personsubject to this Act, knowing or having reasonto believe such accusation to be false; or

Injury toproperty.

20 BSF ACT

(b) in making a complaint against any person subjectto this Act makes any statement affecting thecharacter of such person, knowing or havingreason to believe such statement to be false, orknowingly and wilfully suppresses any materialfacts,

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


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

(b) in any document of the description mentionedin clause (a) knowingly makes, or is privy tothe making of, any omission, with intent todefraud; or

(c) knowingly and with intent to injure anyperson, or knowingly and with intent todefraud, suppresses, defaces, alters or makesaway with any document which it is his dutyto preserve or produce; or

(d) where it is his official duty to make adeclaration respecting any matter, knowinglymakes a false declaration; or

(e) obtains for himself, or for any other person,any pension, allowance or other advantageor privilege by a statement which is false, andwhich he either knows or believes to be falseor does not believe to be true, or by making

False accusa-tions.

Falsifying of-ficial docu-ments andfalse declara-tions.

BSF ACT 21

or using a false entry in any book or record, orby making any document containing a falsestatement, or by omitting to make a true entryor document containing a true statement,



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

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



(a) being duly summoned or ordered to attend asa witness before a Security Force Court,wilfully or without reasonable excuse, makesdefault in attending; or

(b) refuses to take an oath or make an affirmationlegally required by a Security Force Court tobe taken or made; or

(c) refuses to produce or deliver any documentin his power or control legally required by aSecurity Force Court to be produced ordelivered by him; or

Signing inblank andfailure to re-port.

Offences re-lating to Se-curity ForceCourt.

22 BSF ACT

(d) refuses, when a witness, to answer any questionwhich he is by law bound to answer; or

(e) is guilty of contempt of the Security ForceCourt by using insulting or threateninglanguage, or by causing any interruption ordisturbance in the proceedings of such court,


38. Any person subject to this Act who, having beenduly sworn or affirmed before any Security Force Court orother court competent under this Act to administer an oathor affirmation, makes any statement which is false, andwhich he either knows or believes to be false or does notbelieve to be true, shall, on conviction by a Security ForceCourt, be liable to suffer imprisonment for a term whichmay extend to seven years or such less punishment as is inthis Act mentioned.

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

40. Any person subject to this Act who is guilty of anyact or omission which, though not specified in this Act, isprejudicial to good order and discipline of the Force shall,on conviction by a Security Force Court, be liable to sufferimprisonment for a term which may extend to seven yearsor such less punishment as is in this Act mentioned.


(a) being in command at any post or on the march,and receiving a complaint that any one under hiscommand has beaten or otherwise maltreatedor oppressed any person, or has disturbed any

False evi-dence.

U n l a w f u ldetention ofpay.

Violation ofgood orderand disci-pline.

M i s c e l l a -neous of-fences.

BSF ACT 23

fair or market, or committed any riot or trespass,fails to have due reparation made to the injuredperson or to report the case to the properauthority; or

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

(c) attempts to commit suicide, and in such attemptdoes any act towards the commission of suchoffence; or

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

(e) directly or indirectly accepts or obtains or agreesto accept, or attempts to obtain, for himself orfor any other person, any gratification as amotive or reward for procuring the enrolmentof any person, or leave of absence, promotionor any other advantage or indulgence for anyperson in the service; or

(f) commits any offence against the property orperson of any inhabitant of, or resident in,the country in which he is serving,

shall, on conviction by a Security Force Court, be liableto suffer imprisonment for a term which may extend toseven years or such less punishment as is in this Actmentioned.

42. Any person subject to this Act who attempts tocommit any of the offences specified in sections 14 to 41(both inclusive) and in such attempt does any act towards thecommission of the offence;

shall, on conviction by a Security Force Court, where noexpress provision is made by this Act for the punishment ofsuch attempt, be liable,-

Attempt.

24 BSF ACT

(a) if the offence attempted to be committed ispunishable with death, to sufferimprisonment for a term which may extendto fourteen years or such less punishment asis in this Act mentioned; and

(b) if the offence attempted to be committed ispunishable with imprisonment, to sufferimprisonment for a term which may extendto one-half of the longest term provided forthat offence or such less punishment as is inthe Act mentioned.

43. Any person subject to this Act who abets thecommission of any of the offences specified in sections 14to 41 (both inclusive) shall, on conviction by a Security ForceCourt, if the Act abetted is committed in consequence of theabetment and no express provision is made by this Act forthe punishment of such abetment, be liable to suffer thepunishment provided for that offence or such less punishmentas is in this Act mentioned.

44. Any person subject to this Act who abets thecommission of any of the offences punishable with deathunder sections 14, 17 and sub-section (1) of section 18 shall,on conviction by a Security Force Court, if that offence benot committed in consequence of the abetment, and noexpress provision is made by this Act for the punishment ofsuch abetment, be liable to suffer imprisonment for a termwhich may extend to fourteen years or such less punishmentas is in this Act mentioned.

45. Any person subject to this Act who abets thecommission of any of the offences specified in sections14 to 41 (both inclusive) and punishable withimprisonment shall, on conviction by a Security Force Court,if that offence be not committed in consequence of theabetment, and no express provision is made by this Act for thepunishment of such abetment, be liable to suffer imprisonmentfor a term which may extend to one-half of the longest termprovided for that offence or such less punishment as is in this

Abetment ofoffences thathave beencommitted.

Abetment ofo f f e n c e spunishablewith deathand not com-mitted.

Abetment ofoffences pun-ishable withi m p r i s o n -ment and notcommitted.

BSF ACT 25

Act mentioned.

46. Subject to the provisions of section 47, any personsubject to this Act who at any place in, or beyond India,commits any civil offence shall be deemed to be guilty of anoffence against this Act and, if charged therewith under thissection shall be liable to be tried by a Security Force Courtand, on conviction, be punishable as follows, that is to say,-

(a) if the offence is one which would bepunishable under any law in force in Indiawith death, he shall be liable to suffer anypunishment, assigned for the offence, by theaforesaid law and such less punishment as isin this Act mentioned; and

(b) in any other case, he shall be liable to sufferany punishment, assigned for the offence bythe law in force in India, or imprisonmentfor a term which may extend to seven years,or such less punishment as is in this Actmentioned.

47. A person subject to this Act who commits an offenceof murder or of culpable homicide not amounting to murderagainst, or of rape in relation to, a person not subject to thisAct shall not be deemed to be guilty of an offence againstthis 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(c) at any place specified by the Central Govern-

ment by notification in this behalf.

Civil of-fences.

Civil of-fences not tri-able by a Se-curity ForceCourt.

26 BSF ACT

CHAPTER-IV

PUNISHMENT

48.(1) Punishments may be inflicted in respect of offencescommitted by persons subject to this Act and convicted bySecurity Force Courts according to the scale following, thatis to say:-

(a) death;(b) Imprisonment which may be for the term of

life or any other lesser term but excludingimprisonment for a term not exceeding threemonths 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 this list of their rank in thecase of an under-officer;

(f) forfeiture of seniority of rank and forfeitureof all or any part of the service for the pur-pose of promotion;

(g) forfeiture of service for the purpose of in-creased pay, pension or any other prescribedpurpose;

(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 periodnot exceeding three months for an offencecommitted on active duty;

(k) forfeiture in the case of person sentenced todismissal from the service of all arrears ofpay and allowances and other public moneydue to him at the time of such dismissal;

Punishmentsawardable byS e c u r i t yForce Courts.

BSF ACT 27

(l) stoppage of pay and allowances until any proved lossor damage occasioned by the offence for which he isconvicted is made good.

(2) Each of the punishments specified in sub-section (1)shall be deemed to be inferior in degree to every punishmentpreceding it in the above scale.

49. Subject to the provisions of this Act, a Security ForceCourt may, on convicting a person subject to this Act of anyof the offences specified in sections 14 to 45 (both inclusive)award either the particular punishment with which theoffence is stated in the said sections to be punishable or, inlieu thereof, any one of the punishments lower in the scaleset out in section 48 regard being had to the nature and degreeof the offence.

50. A sentence of a Security Force Court may award inaddition to, or without any one other punishment, thepunishment specified in clause (c) of sub-section (1) ofsection 48, and any one or more of the punishments specifiedin clauses (e) to (l) (both inclusive) of that sub-section.

51. When on active duty any enrolled person has beensentenced by a Security Force Court to dismissal or toimprisonment whether combined with dismissal or not, theprescribed officer may direct that such person may beretained to serve in the ranks, and such service shall bereckoned as part of his term of imprisonment if any.

52. Punishment may also be inflicted in respect ofoffences committed by persons subject to this Act withoutthe intervention of a Security Force Court in the mannerstated in sections 53 and 55.

53. Subject to the provisions of section 54, aCommandant or such other officer as is, with the consent ofCentral Government, specified by the Director-General may,

Alternativepunishmentsawardable byS e c u r i t yForce Courts.

Combinationof punish-ments.

Retention inthe Force of aperson con-victed on ac-tive duty.

Punishmentso t h e r w i s ethan by Se-curity ForceCourts.

Minor pun-ishments.

28 BSF ACT

in the prescribed manner, proceed against a person subjectto this Act, otherwise than as an officer or a subordinateofficer, who is charged with an offence under this Act andaward such person, to the extent prescribed, one or more ofthe following punishments, that is to say:-

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

(b) detention up to twenty-eight days;(c) confinement to the lines upto twenty-eight days;(d) extra guards or duties;(e) deprivation of any special position or special

emoluments or any acting rank or reductionto a lower grade of pay;

(f) forfeiture of good service and good conductpay;

(g) severe reprimand or reprimand;(h) fine upto fourteen day’s pay in any one month;(i) deductions from his pay of any sum required

to make good such compensation for anyexpense, loss, damage or destruction causedby him to the Central Government or to anybuilding or property as may be awarded byhis Commandant.

54. (1) In the case of an award of two or more of thepunishments specified in clauses (a), (b), (c) and (d) of section53, the punishments specified in clause (c) or clause (d) shalltake effect only at the end of the punishment specified inclause (a) or clause (b).

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

Limit of pun-ishments un-der section53.

BSF ACT 29

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

(4) The punishment specified in clause (g) ofsection 53 shall not be awarded to any person below the rankof an under-officer.

55. (1) An officer not below the rank of the DeputyInspector-General or such other officer as is, with the consentof the Central government, specified by the Director-Generalmay, in the prescribed manner, proceed against a person ofor below the rank of a subordinate officer who is chargedwith an offence under this Act and award one or more of thefollowing punishments, that is to say:-

(a) forfeiture of seniority, or in the case of any ofthem whose promotion depends upon thelength of service forfeiture of service for thepurpose of promotion for a period notexceeding twelve months, but subject to theright of the accused person to the award toelect 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 theoffence of which he is convicted is madegood.

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

56. (1) Whenever any weapon or part of a weapon,or ammunition, forming part of the equipment of a unit of

Punishmentof persons ofand belowthe rank ofsubordinateofficers byDeputy In-spectors Gen-eral and oth-ers.

C o l l e c t i v efines.

30 BSF ACT

the Force, is lost or stolen, an officer not below the rank ofthe Commandant of a battalion may, after making suchenquiry as he thinks fit and subject to the rules, impose acollective fine upon the subordinate officers, under-officersand men of such unit, or upon so many of them as, in hisjudgment, should be held responsible for such loss or theft.

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

BSF ACT 31

CHAPTER-V

ARREST AND PROCEEDINGS BEFORETRIAL

57. (1) Any person subject to this Act who is chargedwith an offence may be taken into Force custody, under theorder of any superior officer.

(2) Notwithstanding anything contained in sub-section (1), an officer may order into Force custody any otherofficer, though such other officer may be of a higher rank,engaged in a quarrel, affray or disorder.

58. (1) It shall be the duty of every Commandant totake care that a person under his command when chargedwith an offence is not detained in custody for more than forty-eight hours after the committal of such person into custodyis reported to him, without the charge being investigated,unless investigation within that period seems to him to beimpracticable having regard to the public service.

(2) The case of every person being detained incustody beyond a period of forty-eight hours, and the reasonstherefor, shall be reported by the Commandant to the DeputyInspector General under whom he is serving or such otherofficer to whom an application may be made to convene aSecurity Force Court for the trial of the person charged.

(3) In reckoning the period of forty-eight hoursspecified in sub section (1), Sundays and other public holidaysshall be excluded.

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

Custody ofoffenders.

Duty ofC o m m a n -dant in re-gard to deten-tion.

32 BSF ACT

59. In every case where any such person as is mentionedin section 57 and as is not on active duty, remains in suchcustody for a longer period than eight days without a SecurityForce Court for his trial being convened, a special reportgiving reasons for the delay shall be made by hisCommandant in the manner prescribed, and a similar reportshall be forwarded at intervals of every eight days until aSecurity Force Court is convened or such person is releasedfrom custody.

60. Whenever any person subject to this Act, who isaccused of an offence under this Act, is within the jurisdictionof any magistrate or police officer, such magistrate or policeofficer shall aid in the apprehension and delivery to Forcecustody of such person upon receipt of a written applicationto that effect signed by his Commandant or an officerauthorised by the Commandant in that behalf.

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

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

62. (1) When any person subject to this Act has beenabsent from duty without due authority for a period of thirtydays, a court of inquiry shall, as soon as practicable, beappointed by such authority and in such manner as may beprescribed, and such court shall, on oath or affirmationadministered in the prescribed manner, inquire respecting

Interval be-tween com-mittal andtrial.

Arrest bycivil authori-ties.

Capture ofdeserters.

Inquiry intoa b s e n c ew i t h o u tleave.

BSF ACT 33

the absence of the person, and the deficiency, if any, in theproperty of the Government entrusted to his care or in anyarms, ammunition, equipment, instruments, clothing ornecessaries, and if satisfied of the fact of such absencewithout due authority or other sufficient cause, the courtshall declare such absence and the period thereof and thesaid deficiency, if any, and the Commandant of the unit towhich the person belongs shall make a record thereof inthe prescribed manner.

(2) If the person declared absent does notafterwards surrender or is not apprehended, he shall for thepurposes of this Act, be deemed to be a deserter.

63. (1) The Director-General or any prescribedofficer may appoint persons (in this Act referred to as Forcepolice) for discharging the functions specified in sub-section(2) and (3).

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

(3) Notwithstanding anything contained insection 57, a person appointed under sub-section (1) may, atany time, arrest and detain for trial any person subject to thisAct who commits, or is charged with, an offence, and mayalso carry into effect any punishment to be inflicted inpursuance of a sentence awarded by a Security Force Courtor by an officer exercising authority under section 53 butshall not inflict any punishment on his own authority:

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

Force policeofficers.

34 BSF ACT

CHAPTER-VI

SECURITY FORCE COURTS

64. For the purposes of this Act there shall be three kindsof Security Force Courts, that is to say:-

(a) General Security Force Courts;(b) Petty Security Force Courts; and(c) Summary Security Force Courts.

65. A General Security Force Court may be convenedby the Central Government or the Director-General or byany officer empowered in this behalf by warrant of theDirector-General.

66. A Petty Security Force Court may be convened byan officer having power to convene a General Security ForceCourt or by an officer empowered in this behalf by warrantof any such officer.

67. A warrant, issued under section 65 or section 66 maycontain such restrictions, reservations or conditions as theofficer issuing it may think fit.

68. A General Security Force Court shall consist of notless than five officers, each of whom has held the post ofDeputy Superintendent of Police for not less than three wholeyears and of whom not less than four are of a rank not belowthat of a confirmed Deputy Superintendent of Police.

Explanation:-For the purposes of this section and section69 “Deputy Superintendent of Police” includes any post of ahigher rank and any post declared by Central Governmentby notification to be an equivalent post as also any post higherin rank than the post so declared.

69. A Petty Security Force Court shall consist of not lessthan three officers each of whom has held the post of DeputySuperintendent of Police for not less than two whole years.

Kinds of Se-curity ForceCourts.

Power toconvene aGeneral Se-curity ForceCourt.

Power toconvene apetty Secu-rity ForceCourt.

Contents ofwarrants is-sued undersections 65and 66.

Compositionof GeneralS e c u r i t yForce Court.

Compositionof a petty Se-curity FroceCourt.

BSF ACT 35

70. (1) A Summary Security Force Court may be heldby the Commandant of any unit of the Force and he aloneshall constitute the Court.

(2) The proceedings shall be attended throughoutby two other persons who shall be officers or subordinateofficers or one of either, and who shall not as such, be swornor affirmed.

71. (1) If a Security Force Court after thecommencement of a trial is reduced below the minimumnumber of officers required by this Act, it shall be dissolved.

(2) If, on account of the illness of the Law Officeror of the accused before the finding, it is impossible tocontinue the trial, a Security Force Court shall be dissolved.

(3) The officer who convened a Security ForceCourt may dissolve the same if it appears to him that theexigencies of the service or necessities of discipline renderit impossible or inexpedient to continue the said SecurityForce Court.

(4) Where a Security Force Court is dissolvedunder this section, the accused may be tried again.

72. A General Security Force Court shall have the powerto try any person subject to this Act for any offence punishablethereunder and to pass any sentence authorised thereby.

73. A Petty Security Force Court shall have power to tryany person subject to this Act other than an officer or asubordinate officer for any offence made punishablethereunder and to pass any sentence authorised by this Actother than a sentence of death, or imprisonment for a termexceeding two years.

74. (1) Subject to the provisions of sub-section (2),a Summary Security Force Court may try any offencepunishable under this Act.

SummarySecurityForce Court.

Dissolutionof a SecurityForce Court.

Powers of aGeneral Se-curity ForceCourt.

Powers of aPetty Secu-rity ForceCourt.

Powers of aSummary Se-curity ForceCourt.

36 BSF ACT

(2) When there is no grave reason for immediateaction and reference can without detriment to discipline bemade to the officer empowered to convene a Petty SecurityForce Court for the trial of the alleged offender, an officerholding a Summary Security Force Court shall not try withoutsuch reference any offence punishable under any of thesections 14, 17 and 46 of this Act, or any offence against theofficer holding the court.

(3) A Summary Security Force Court may try anyperson subject to this Act and under the command of theofficer holding the court, except an officer, or a subordinateofficer.

(4) A Summary Security Force Court may passany sentence which may be passed under this Act, exceptthe sentence of death or of imprisonment for a term exceedingthe 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 SecurityForce Court has held either the post of1Superintendent of Police or a post declaredby the Central Government by notificationto be equivalent thereto, for a period of notless than three years or holds a post of higherrank than either of the said posts; and

(b) three months, in any other case.

75. (1) When any person subject to this Act has beenacquitted or convicted of an offence by a Security Force Courtor by a criminal court or has been dealt with under section53 or under section 55, he shall not be liable to be tried againfor the same offence by a Security Force Court or dealt withunder the said sections.

Prohibitionof secondtrial.

1. Vide SO-592 dated 25-2-1997, post of Dy Comdt has been declaredequivalent to the post of Superintendent of Police.

BSF ACT 37

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

76. No trial for an offence of desertion, other thandesertion on active duty, shall be commenced if the personin question, not being an officer, has subsequently to thecommission of the offence, served continuously in anexemplary manner for not less than three years with any unitof the Force.

77. (1) Where an offence under this Act had beencommitted by any person while subject to this Act, and hehas ceased to be so subject, he may be taken into and kept inForce custody and tried and punished for such offence as ifhe continued to be so subject.

(2) No such person shall be tried for an offence,unless his trial commences within six months after he hadceased to be subject to this Act:

Provided that nothing contained in this sub-sectionshall apply to the trial of any such person for an offence ofdesertion or for any of the offences mentioned in section17 or shall affect the jurisdiction of a criminal court to tryany offence triable by such court as well as by a SecurityForce Court.

78. (1) When a person subject to this Act is sentencedby a Security Force Court to imprisonment, this Act shallapply to him during the term of his sentence, though he isdismissed from the Force, or has otherwise ceased to besubject to this act, and he may be kept, removed, imprisonedand punished as if he continued to be subject to this Act.

(2) When a person subject to this Act is sentencedby a Security Force Court to death, this Act shall apply tohim till the sentence is carried out.

Period oflimitation fortrial for anoffence of de-sertion in cer-tain cases.

Trial, etc. ofoffender whoceases to besubject tothis Act.

Applicationof Act duringterm of sen-tence.

38 BSF ACT

79. Any person subject to this Act who commits anyoffence against it may be tried and punished for such offencein any place whatever.

80. When a criminal court and a Security Force Courthave each jurisdiction in respect of an offence, it shall be inthe discretion of the Director-General, or the Inspector-General or the Deputy Inspector-General within whosecommand the accused person is serving or such other officeras may be prescribed, to decide before which court theproceedings shall be instituted, and, if that officer decidesthat they shall be instituted before a Security Force Court, todirect that the accused person shall be detained in Forcecustody.

81. (1) When a criminal court having jurisdiction isof opinion that proceedings shall be instituted before itselfin 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 magistrateto be proceeded against according to law, or to postponeproceedings, pending a reference to the Central Government.

(2) In every such case the said officer shall eitherdeliver over the offender in compliance with the requisition,or shall forthwith refer the question as to the court beforewhich the proceedings are to be instituted, for the deter-mination of the Central Government whose order upon suchreference shall be final.

Choice be-tween crimi-nal court andS e c u r i t yForce Court.

Power ofC r i m i n a lcourt to re-quire deliv-ery of of-fender.

Place of trial.

BSF ACT 39

CHAPTER-VII

PROCEDURE OF SECURITY FORCECOURTS

82. At every General Security Force Court or PettySecurity Force Court, the senior member shall be thepresiding officer.

83. Every General Security Force Court shall, and everyPetty Security Force Court may, be attended by a Law Officer,or if no such officer is available an officer approved by theChief Law Officer, or a Law Officer.

84. (1) At all trials by a General Security Force Courtor by a Petty Security Force Court, as soon as the court isassembled, the names of the presiding officer and membersshall be read over to the accused, who shall thereupon beasked whether he objects to being tried by any officer sittingon the court.

(2) If the accused objects to such officer, hisobjection and also the reply thereto of the officer objected toshall be heard and recorded, and the remaining officers ofthe court shall, in the absence of the challenged officer decideon the objection.

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

(4) When no challenge is made, or when achallenge has been made and disallowed, or the place of everyofficer successfully challenged has been filled by anotherofficer to whom no objection is made or allowed, the courtshall proceed with the trial.

Presiding Of-ficer.

Law Officers.

Challenges.

40 BSF ACT

85. (1) An oath or affirmation in the prescribedmanner shall be administered to every member of everySecurity Force Court and to the Law Officer or as the casemay be the officer approved under section 83, before thecommencement of the trial.

(2) Every person giving evidence before aSecurity Force Court shall be examined after being dulysworn or affirmed in the prescribed form.

(3) The provisions of sub-section (2) shall notapply where the witness is a child under twelve years of ageand the Security Force Court is of opinion that though thewitness understands the duty of speaking the truth, he doesnot understand the nature of an oath or affirmation.

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

(2) No sentence of death shall be passed by aGeneral Security Force Court without the concurrence of atleast two-thirds of the members of the court.

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

87. The Indian Evidence Act 1872 shall, subject to theprovisions of this Act, apply to all proceedings before aSecurity Force Court.

88. A Security Force Court may take judicial notice ofany matter within the general knowledge of the members asofficers of the Force.

Oaths ofmember, LawOfficer andwitness.

Voting bymembers.

1 of 1872General ruleas to evi-dence.

Judicial no-tice.

BSF ACT 41

89. (1) The convening officer, the presiding officerof a Security Force Court, the Law Officer or, as the casemay be, the officer approved under section 83 or theCommandant of the accused person may, by summons underhis hand, require the attendance, at a time and place to bementioned in the summons, of any person either to giveevidence or to produce any document or other thing.

(2) In the case of a witness who is subject to thisAct, the summons shall be sent to his Commandant and suchofficer shall serve it upon him accordingly.

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

(4) When a witness is required to produce anyparticular document or other thing in his possession or power,the summons shall describe it with reasonable precision.

90. (1) Nothing in section 89 shall be deemed toaffect the operation of sections 123 and 124 of the IndianEvidence Act, 1872 or to apply to any letter, postcard,telegram or other document in the custody of the postal ortelegraph authorities.

(2) If any document in such custody is, in theopinion of any District Magistrate, Chief PresidencyMagistrate, High Court or Court of Sessions, wanted for thepurpose of any Security Force Court, such magistrate, orCourt, may require the postal or telegraph authorities, as thecase may be, to deliver such document to such person assuch magistrate, or Court may direct.

(3) If any such document is, in the opinion ofany other magistrate or of any Commissioner of Police orDistrict Superintendent of Police, wanted for any suchpurpose, he may require the postal or telegraph authorities,

Documentse x e m p t e dfrom produc-tion.

Summoningwitnesses.

1 of 1872

42 BSF ACT

as the case may be, to cause such search to be made for, andto detain such document pending the orders of any suchDistrict Magistrate, Chief Presidency Magistrate or HighCourt or Court of Sessions.

91. (1) Whenever, in the course of a trial by a SecurityForce Court, it appears to the court that the examination of awitness is necessary for the ends of justice, and that theattendance of such witness cannot be procured without anamount of delay, expense or inconvenience which, in thecircumstances of the case, would be unreasonable, such courtmay address the Chief Law Officer in order that a commissionto take the evidence of such witness may be issued.

(2) The Chief Law Officer may then, if he thinksnecessary, issue a commission to any district magistrate ormagistrate of the first class, within the local limits of whosejurisdiction such witness resides, to take the evidence of suchwitness.

(3) The magistrate or officer to whom thecommission is issued, or, he is the District Magistrate, he orsuch Magistrate of the first class as he appoints in this behalf,shall proceed to the place where the witness is, or shallsummon the witness before him and shall take down hisevidence in the same manner, and may for this purposeexercise the same powers, as in the trials of warrant-casesunder the code of Criminal Procedure, 1898.

(4) When the witness resides in a tribal area orin any place outside India, the commission may be issued inthe manner specified in Chapter XI of the Code of CriminalProcedure, 1898.

92. (1) The prosecutor and the accused person in anycase in which a commission is issued under section 91 mayrespectively forward any interro-gatories in writing whichthe court may think relevant to the issue, and the Magistrateor officer executing the commission shall examine thewitness upon such interrogatories.

Commissionsfor examina-tion of wit-nesses.

5 of 1898

5 of 1898.

Examinationof witness oncommission.

BSF ACT 43

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

(3) After a commission issued under section 91has been duly executed, it shall be returned, together withthe deposition of the witness examined thereunder to theChief Law Officer.

(4) On receipt of a Commission, and depositionreturned under sub-section (3), the Chief Law Officer shallforward the same to the court at whose instance thecommission 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 depositionshall be open to inspection by the prosecutor and the accusedperson, and may, subject to all just exceptions, be read inevidence 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 issuedunder section 91, the trial may be adjourned for specifiedtime reasonably sufficient for the executions and return ofthe commission.

93. (1) A person charged before a Security ForceCourt with desertion may be found guilty of attempting todesert or of being absent without leave.

(2) A person charged before a Security ForceCourt with attempting to desert may be found guilty of beingabsent without leave.

(3) A person charged before a Security ForceCourt with using criminal force may be found guilty ofassault.

(4) A person charged before a Security ForceCourt with using threatening language may be found guiltyof using insubordinate language.

Convict ionof offence notcharged.

44 BSF ACT

(5) A person charged before a Security ForceCourt with any one of the offences specified in clauses (a),(b), (c) and (d) of section 30 may be found guilty of anyother of these offences with which he might have beencharged.

(6) A person charged before a Security ForceCourt with an offence punishable under section 46 may befound guilty of any other offence of which he might havebeen found guilty, if the provisions of the Code of CriminalProcedure, 1898, were applicable.

(7) A person charged before a Security ForceCourt with any offence under this Act may, on failure of proofof an offence having been committed in circumstancesinvolving a more severe punishment, be found guilty of thesame offence as having been committed in circumstancesinvolving a less severe punishment.

(8) A person charged before a Security ForceCourt with any offence under this Act may be found guiltyof having attempted or abetted the commission of thatoffence, although the attempt or abetment is not separatelycharged.

94. In any proceeding under this Act, any application,certificate, warrant, reply or other document purportingto be signed by an officer in the service of theGovernment shall, on production, be presumed to havebeen duly signed by the person by whom and in thecharacter in which it purports to have been signed, untilthe contrary is shown.

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

(2) The enrolment of such person may be provedby the production of the original or a copy of his enrolment

Presumptionas to signa-tures.

E n r o l m e n tpaper.

5 of 1898

BSF ACT 45

paper purporting to be certified to be a true copy by the officerhaving the custody of the enrolment paper.

96. (1) A letter, return or other document respectingthe service of any person in, or the dismissal or discharge ofany person from, any unit of the Force, or respecting thecircumstances of any person not having served in, or belongedto, any unit of the Force, if purporting to be signed by or onbehalf of the Central Government or the Director General,or by any prescribed officer, shall be evidence of the factsstated in such letter, return or other document.

(2) A Border Security Force list or Gazettepurporting to be published by authority shall be evidence ofthe status and rank of the officers, subordinate officers thereinmentioned, and of any appointment held by them and of thebattalion, unit or branch of the Force to which they belong.

(3) Where a record is made in any battalion bookin pursuance of this Act or of any rules made thereunder orotherwise in the discharge of official duties, and purports tobe signed by the Commandant or by the officer whose dutyit is to make such record, such record shall be evidence ofthe facts therein stated.

(4) A copy of any record in any battalion bookpurporting to be certified to be a true copy by the officerhaving custody of such book shall be evidence of suchrecord.

(5) Where any person subject to this Act is beingtried on a charge of desertion or of absence without leave,and such person has surrendered himself into the custody ofany officer or other person subject to this Act, or any unit ofthe Force, or has been apprehended by such officer or person,a certificate purporting to be signed by such officer or by theCommandant of the unit to which such person belongs, asthe case may be, and stating the fact, date and place of suchsurrender or apprehension, and the manner in which he wasdressed, shall be evidence of the matters so stated.

Presumptionas to certaindocuments.

46 BSF ACT

Evidence ofprevious con-victions andgeneral char-acter

(6) Where any person subject to this Act is beingtried on a charge of desertion or of absence without leaveand such person has surrendered himself into the custody of,or has been apprehended by, a police officer not below therank of an officer in charge of a police station, a certificatepurporting to be signed by such police officer and stating thefact, date and place of such surrender or apprehension andthe manner in which he was dressed shall be evidence of thematters so stated.

(7) Any document purporting to be a reportunder the hand of any Chemical Examiner or AssistantChemical Examiner to Government upon any matter orthing duly submitted to him for examination or analysisand report, may be used as evidence in any proceeding underthis Act.

97. (1) If at any trial for desertion or absence withoutleave, over-staying leave or not rejoining when warned forservice, the accused person states in his defence any sufficientor reasonable excuse for his unauthorised absence, and refersin support thereof to any officer in the service of theGovernment, or if it appears that any such officer is likely toprove or disprove the said statement in the defence, the courtshall address such officer and adjourn the proceedings untilhis reply is received.

(2) The written reply of any officer so referred toshall, if signed by him, be received in evidence and have thesame effect if made on oath before the court.

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

98. (1) When any person subject to this Act has beenconvicted by a Security Force Court of any offence, suchSecurity Force Court may inquire into, and receive, and record

Reference byaccused toGovernmentOfficer.

BSF ACT 47

evidence of any previous convictions of such person, eitherby a Security Force Court or by a criminal court, or anyprevious award of punishment under section 53 or 55, andmay further inquire into and record the general character ofsuch person and such other matters as may be prescribed.

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

(3) At a Summary Security Force Court, theofficer holding the trial may, if he thinks fit, record anyprevious convictions against the offender, his generalcharacter, and such other matters as may be prescribed, as ofhis own knowledge, instead of requiring them to be provedunder the foregoing provisions of this section.

99. (1) Whenever, in the course of a trial by a SecurityForce Court, it appears to the court that the person chargedis by reason of unsoundness of mind incapable of makinghis defence, or that he committed the act alleged but was byreason of unsoundness of mind incapable of knowing thenature of the act or knowing that it was wrong or contrary tolaw, the court shall record a finding accordingly.

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

(3) The confirming officer to whom the case isreported under sub-section (2) may, if he does not confirmthe finding, take steps to have the accused person tried bythe same or another Security Force Court for the offencewith which he was charged.

Lunacy of ac-cused.

48 BSF ACT

Transmissionto CentralGovernmentof orders un-der section100.

(4) The authority to whom the finding of aSummary Security Force Court is reported under sub-section(2), and a confirming officer confirming the finding in anycase so reported to him shall order the accused person to bekept in custody in the prescribed manner and shall report thecase for the orders of the Central Government.

(5) On receipt of a report under-section (4), theCentral Government may order the accused person to be detainedin a lunatic asylum or other suitable place of safe custody.

100. Where any accused person, having been found byreason of unsoundness of mind to be incapable of makinghis defence, is in custody or under detention under section99, any officer prescribed in this behalf, may-

(a) if such person is in custody under sub-sec-tion (4) of section 99, on the report of a medi-cal officer that he is capable of making hisdefence, or

(b) if such person is detained in a jail undersub-section (5) of section 99, on a certifi-cate of the Inspector General of Prisons,and if such person is detained in a lunaticasylum under the said sub-section, on acertificate of any two or more of the visi-tors of such asylum and if he is detained inany other place under that sub-section, ona certificate of the prescribed authority, thathe is capable of making his defence, takesteps to have such person tried by the sameor another Security Force Court for the of-fence with which he was originally chargedor, if the offence is a civil offence, by acriminal court.

101. A copy of every order made by an officer undersection 100 for the trial of the accused shall forthwith besent to the Central Government.

Subsequentfitness of lu-natic accusedfor trial.

BSF ACT 49

102. Where any person is in custody under sub-section(4) of section 99 or under detention under sub-section (5) ofthat section:-

(a) if such person is in custody under the saidsub-section (4), on the report of a medicalofficer, or

(b) if such person is detained under the said sub-section (5), on a certificate from any of theauthorities mentioned in clause (b) of section100 that in the judgement of such officer orauthority such person may be releasedwithout danger of his doing injury to himselfor to any other person.

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

103. Where any relative or friend of any person who isin custody under sub-section (4) of section 99 or underdetention under sub-section (5) of that section desires thathe should be delivered to his care and custody, the CentralGovernment may, upon application by such relative orfriend and, on his giving security to the satisfaction of thatGovernment that the person delivered shall be properlytaken care of, and prevented from doing injury to himselfor to any other person, and be produced for the inspectionof such officer, and at such times and places, as the CentralGovernment may direct, order such person to be deliveredto such relative or friend.

104. When any property regarding which any offenceappears to have been committed, or which appears to havebeen used for the commission of any offence, is producedbefore a Security Force Court during a trial, the court maymake such order as it thinks fit for the proper custody ofsuch property pending the conclusion of the trial, and if theproperty is subject to speedy or natural decay may, afterrecording such evidence as it thinks necessary, order it to besold or otherwise disposed of.

Release of lu-natic ac-cused.

Delivery oflunatic ac-cused to rela-tives.

Order forcustody anddisposal ofp r o p e r t ypending trial.

50 BSF ACT

105. (1) After the conclusion of a trial before anySecurity Force Court, the court or the officer confirming thefinding or sentence of such Security Force Court, or anyauthority superior to such officer, or, in the case of a SummarySecurity Force Court whose finding or sentence does notrequire 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 bydestruction, confiscation, delivery to any person claiming tobe entitled to possession thereof, or otherwise, of any propertyor document produced before the court or in its custody, orregarding which any offence appears to have been committedor 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 offenceappears to have been committed, a copy of such order signedand certified by the authority making the same may, whetherthe trial was held within India or not, be sent to a magistratewithin whose jurisdiction such property for the time being issituated, and such magistrate shall there-upon cause the orderto be carried into effect as if it were an order passed by himunder the provisions of the Code of Criminal Procedure, 1898.

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

106. Any trial by a Security Force Court under theprovisions of this Act shall be deemed to be a judicialproceeding within the meaning of section 193 and 228 of theIndian Penal Code and the Security Force Court shall bedeemed to be a court within the meaning of sections 480 and482 of the Code of Criminal Procedure,1898.

Order for dis-posal ofproperty re-g a r d i n gwhich of-fence is com-mitted.

5 of 1898.

Powers of Se-curity ForceCourt in rela-tion to pro-ceedings un-der this Act.

45 of 1860.

5 of 1898.

BSF ACT 51

CHAPTER-VIII

CONFIRMATION AND REVISION

107. No finding or sentence of a General Security ForceCourts or a Petty Security Force Court shall be valid exceptso far as it may be confirmed as provided by this Act.

108. The findings and sentences of General Security ForceCourts may be confirmed by the Central Government or byany officer empowered in this behalf by warrant of theCentral Government.

109. The findings and sentences of Petty Security ForceCourts may be confirmed by an officer having power toconvene a General Security Force Court or by any officerempowered in this behalf by warrant of such officer.

110. A warrant issued under section 108 or section 109may contain such restrictions, reservations or conditions asthe authority issuing it may think fit.

111. Subject to such restrictions, reservations orconditions, as may be contained in any warrant issued undersection 108 or section 109, a confirming authority may, whenconfirming the sentence of a Security Force Court, mitigateor remit the punishment thereby awarded, or commute thatpunishment for any punishment or punishments lower in thescale laid down in section 48.

112. When any person subject to this Act is tried andsentenced by a Security Force Court while on board a ship,the finding and sentence so far as not confirmed and executedon board the ship, may be confirmed and executed in likemanner as if such person had been tried at the port ofdisembarkation.

113. (1) Any finding or sentence of a Security ForceCourt which requires confirmation may be once revised byorder of the confirming authority and on such revision, the

Finding andsentence notvalid, unlessconfirmed.

Power toc o n f i r mfinding and,sentence ofGeneral Se-curity ForceCourt.

Power toconfirm find-ing and sen-tence of Petty SecurityForce Court.

Limitation ofpowers ofconfirmingauthority.

Power ofconfirmingauthority tomitigate, re-mit or com-mute sen-tences.

Confirmingof findingsand sen-tences onboard a ship.

Revision offinding orsentence.

52 BSF ACT

court, if so directed by the confirming authority, may takeadditional evidence.

(2) The court, on revision, shall consist of thesame officers as were present when the original decision waspassed, unless any of those officers are unavoidably absent.

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

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

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

115. The proceedings of every Summary Security ForceCourt shall, without delay, be forwarded to the officer notbelow the rank of Deputy Inspector-General within whosecommand the trial was held, or to the prescribed officer, andsuch officer, or the Director General or any officerempowered by him in this behalf may, for reasons based onthe merits of the case, but not on merely technical grounds,set aside the proceedings, or reduce the sentence to any othersentence which the court might have passed.

116. (1) Where a finding of guilty by a Security ForceCourt, which has been confirmed or which does not requireconfirmation, is found for any reason to be invalid or cannotbe supported by the evidence, the authority which would have

Finding andsentence of aSummary Se-curity ForceCourt.

Transmissionof proceed-ings of Sum-mary Secu-rity ForceCourts.

Alteration offinding orsentence incertain cases.

BSF ACT 53

had power under section 128 to commute the punishmentawarded by the sentence if the finding had been valid, maysubstitute a new finding and pass a sentence for the offencespecified or involved in such finding.

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

(2) Where a sentence passed by a Security ForceCourt which has been confirmed, or which does not requireconfirmation, not being a sentence passed in pursuance of anew finding substituted under sub-section (1), is found forany reason to be invalid, the authority referred to in sub-section (1) may pass a valid sentence.

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

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

117. (1) Any person subject to this Act whoconsiders himself aggrieved by any order passed by anySecurity Force Court may present a petition to the officeror authority empowered to confirm any finding or sentenceof such Security Force Court, and the confirming authoritymay take such steps as may be considered necessary tosatisfy itself as to the correctness, legality or propriety ofthe order passed or as to the regularity of any proceedingto which the order relates.

R e m e d yaginst order,finding orsentence ofS e c u r i t yForce Court.

54 BSF ACT

(2) Any person subject to this Act who considershimself aggrieved by a finding or sentence of any SecurityForce Court which has been confirmed, may present a petitionto the Central Government, the Director-General, or anyprescribed officer superior in command to the one whoconfirmed such finding or sentence, and the CentralGovernment, the Director-General, or the prescribed officer,as the case may be, may pass such order thereon as it or hethinks fit.

118. The Central Government, the Director-General, orany prescribed officer may annul the proceedings of anySecurity Force Court on the ground that they are illegalor unjust.

Annulmentof proceed-ings.

BSF ACT 55

CHAPTER-IX

EXECUTION OF SENTENCE, PARDONS,REMISSION, ETC

119. In awarding a sentence of death, a Security ForceCourt shall, in its discretion direct that the offender shallsuffer death by being hanged by the neck until he be dead, orshall suffer death by being shot to death.

120. Whenever any person is sentenced by a Security ForceCourt under this Act to imprisonment, the term of his sentenceshall, whether it has been revised or not, be reckoned tocommence on the day on which the original proceedings weresigned by the presiding officer, or in the case of a SummarySecurity Force Court by the court.

121. (1) Whenever any sentence of imprisonment ispassed under this Act by a Security Force Court or wheneverany sentence of death is commuted to imprisonment, theconfirming officer or in case of a Summary Security ForceCourt the officer holding the court or such other officer asmay be prescribed shall, save as otherwise provided in sub-sections (3) and (4) direct that the sentence shall be carriedout by confinement in a civil prison.

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

(3) In the case of a sentence of imprisonmentfor a period not exceeding three months and passed underthis Act by a Security Force Court, the appropriate officerunder sub-section (1) may direct that the sentence shall becarried out by confinement in Force custody instead of in acivil prison.

Form of sen-tence ofdeath.

Commence-ment of sen-tence of im-prisonment.

Execution ofsentence ofi m p r i s o n -ment.

56 BSF ACT

(4) On active duty, a sentence of imprisonmentmay be carried out by confinement in such place as theDeputy Inspector-General within whose command the personsentenced is serving or any prescribed officer, may from timeto time appoint.1121A. When any person subject to this Act is sentenced bya Security Force Court to a term of imprisonment, not beingan imprisonment in default of payment of fine, the periodspent by him in civil or Force custody doing investigation,inquiry or trial of the same case, and before the date of orderof such sentence, shall be set off against the term ofimprisonment imposed upon him, and the liability of suchperson to undergo imprisonment on such order of sentenceshall be restricted to the remainder, if any, of the term ofimprisonment imposed upon him.

122. Where a sentence of imprisonment is directed to beundergone in a civil prison the offender may be kept in Forcecustody or in any other fit place, till such time as it is possibleto send him to a civil prison.

123. Whenever, in the opinion of an officer not below therank of Deputy Inspector-General within whose commandthe trial is held, any sentence or portion of a sentence ofimprisonment cannot for special reasons, conveniently becarried out in Force custody in accordance with the provisionsof section 121, such officer may direct that such sentence orportion of sentence shall be carried out, by confinement inany civil prison or other fit place.

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

125. Whenever an order is duly made under this Act settingaside or varying any sentence, order or warrant under whichany person is confined in a civil prison, a warrant inaccordance with such order shall be forwarded by the officer

Period ofcustody un-dergone by aperson to bes e t - o f fagainst thei m p r i s o n -ment.

Tempora rycustody of of-fender.

Execution ofsentence ofi m p r i s o n -ment in spe-cial cases.

Conveyanceof prisonerfrom place toplace.

Communica-tion of cer-tain orders toprison offic-ers.

47 of 1968.

1. Ins. by amendment No.35 of 2000 dated 01-9-2000.

BSF ACT 57

making the order or his staff officer or such other person asmay be prescribed, to the officer in charge of the prison inwhich such person is confined.

126. When a sentence of fine is imposed by a SecurityForce Court under section 46, a copy of such sentence signedand certified by the confirming officer, or where noconfirmation is required, by the officer holding the trial maybe sent to any magistrate in India, and such magistrate shallthereupon cause the fine to be recovered in accordance withthe provisions of the Code of Criminal Procedure, 1898, asif it were a sentence of fine imposed by such magistrate.

127. Whenever any person is sentenced to imprisonmentunder this Act, and is undergoing the sentence in any placeor manner in which he might be confined under a lawfulorder or warrant in pursuance of this Act, the confinementof such person shall not be deemed to be illegal only by reasonof informality or error in, or as respects, the order, warrantor other document, or the authority by which, or in pursuancewhereof such person was brought into, or is confined in anysuch place and any such order, warrant or document may beamended accordingly.

128. When any person subject to this Act has beenconvicted by a Security Force Court of any offence, theCentral Government or the Director-General or, in the caseof a sentence, which he could have confirmed or which didnot require confirmation, an officer not below the rank ofDeputy Inspector-General within whose command suchperson at the time of conviction was serving, or the prescribedofficer may:-

(a) either with or without conditions which theperson sentenced accepts, pardon the personor remit the whole or any part of thepunishment awarded; or

(b) mitigate the punishment awarded; or

(c) commute such punishment for any less

Execution ofsentence offine.

Informalityor error in theorder or war-rant.

Pardon andremission.

5 of 1898.

58 BSF ACT

punishment or punishments mentioned in thisAct;

(d) either with or without conditions which theperson sentenced accepts, release the personon parole.

129. (1) If any condition on which a person has beenpardoned or released on parole or a punishment has beenremitted is, in the opinion of the authority which granted thepardon, release or remission, not fulfilled, such authority maycancel the pardon, release or remission and thereupon thesentence of the court shall be carried into effect as if suchpardon, release or remission had not been granted.

(2) A person whose sentence of imprisonment iscarried into effect under the provisions of sub-section (1)shall undergo only the unexpired portion of his sentence.

130. (1) Where a person subject to this Act issentenced by a Security Force Court to imprisonment, theCentral Government, the Director-General or any officerempowered to convene a General Security Force Court maysuspend the sentence whether or not the offender has alreadybeen 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 directthat until the orders of such authority or officer have beenobtained the offender shall not be committed to prison or toForce custody.

(3) The powers conferred by sub-sections (1) and(2) may be exercised in the case of any such sentence whichhas been confirmed, reduced or commuted.

131. (1) Where the sentence referred to in section 130is imposed by a Security Force Court other than a SummarySecurity Force Court, the confirming officer may, whenconfirming the sentence, direct that the offender be not

Cancellationof condi-tional par-don, releaseon parole orremission.

Suspensionof sentenceof imprison-ment.

Orders pend-ing suspen-sion.

BSF ACT 59

committed to prison or to Force custody until the orders ofthe authority or officer specified in section 130, have beenobtained.

(2) Where a sentence of imprisonment is imposedby a Summary Security Force Court, the officer holding thetrial or the officer authorised to approve of the sentence undersub-section (2) of section 114 may make the direction referredto in sub-section (1).

132. Where a sentence is suspended under section 130,the offender shall forthwith be released from custody.

133. Any period during which the sentence is undersuspension shall be reckoned as part of the term of suchsentence.

134. 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 theunexpired portion of the sentence; or

(b) that the sentence be remitted.

135. (1) Where a sentence has been suspended, thecase may at any time, and shall at intervals of not more thanfour months, be reconsidered by the authority or officerspecified in section 130, or by any officer not below the rankof a Deputy Inspector-General duly authorised by theauthority or officer specified in section 130.

(2) Where on such reconsideration by the officerso authorised it appears to him that the conduct of offendersince his conviction has been such as to justify a remissionof the sentence, he shall refer the matter to the authority orofficer specified in section 130.

136. Where an offender, while a sentence on him issuspended under this Act, is sentenced for any otheroffence, then:-

Release onsuspension.

C o m p u t a -tion of pe-riod of sus-pension.

Order aftersuspension.

Reconsidera-tion of caseafter suspen-sion.

Fresh sen-tence aftersuspension.

60 BSF ACT

(a) if the further sentence is also suspended underthis Act, the two sentences shall run concurrently;

(b) if the further sentence is for a period of threemonths or more and is not suspended under this Act, theoffender shall also be committed to prison or Force custodyfor the unexpired portion of the previous sentence, but bothsentences shall run concurrently; and

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

137. The powers conferred by sections 130 and 134 shallbe in addition to, and not in derogation of, the power ofmitigation, remission and commutation.

138. (1) Where in addition to any other sentencethe punishment of dismissal has been awarded by aSecurity Force Court and such other sentence issuspended under section 130, then, such dismissal shallnot take effect until so ordered by the authority or officerspecified in section 130.

(2) If such other sentence is remitted undersection 134, the punishment of dismissal shall also beremitted.

Scope ofpower ofsuspension.

Effect ofsuspensionand remis-sion on dis-missal.

BSF ACT 61

CHAPTER-X

MISCELLANEOUS

139. (1) The Central government may, by general orspecial order published in the Official Gazette direct that,subject to such conditions and limitations, and within thelocal limits of such area adjoining the borders of India, asmay be specified in the order, any member of the Force may:-

(i) for the purpose of prevention of any offencepunishable under the Passport (Entry into India) Act,1920, the Registration of Foreigners Act, 1939, theCentral Excises and Sale Act, 1944, the ForeignersAct, 1946, the Foreign Exchange Regulation Act,1947, the Customs Act, 1962 or the Passports Act,1967 or of any cognizable offence punishable underany other Central Act; or

(ii) for the purpose of apprehending any person whohas committed any offence referred to in clause (i),

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

(2) The Central Government may, by general orspecial order published in the Official Gazette, confer orimpose, with the concurrence of the State Governmentconcerned, any of the powers or duties which may beexercised or discharged under a State Act by a police officerupon a member of the Force who, in the opinion of the CentralGovernment, holds a corresponding or higher rank.

(3) Every order made under this section shall belaid, as soon as may be after it is made, before each House ofParliament while it is in session for a total period of thirty

Powers andduties con-ferrable andi m p o s a b l eon membersof the Force.

34 of 1920.16 of 1939.1 of 1944.31 of 1946.7 of 1947.52 of 1962.15 of 1967.

62 BSF ACT

days which may be comprised in one session or in twosuccessive sessions and if, before the expiry of the sessionin which it is so laid or the session immediately following,both Houses agree in making any modification in the orderor both Houses agree that the order should not be made,the order shall thereafter have effect only in such modifiedform or be of no effect, as the case may be; so, however,that any such modification or annulment shall be withoutprejudice to the validity of anything previously done underthat order.

140. (1) In any suit or proceeding against any memberof the Force for any act done by him in pursuance of a warrantor order of a competent authority, it shall be lawful for himto plead that such act was done by him under the authority ofsuch warrant or order.

(2) Any such plea may be proved by theproduction of the warrant or order directing the act, and if itis so proved the member of the Force shall thereupon bedischarged from liability in respect of the act so done byhim, not-with-standing any defect in the jurisdiction of theauthority which issued such warrant or order.

(3) Notwithstanding anything contained in anyother law for the time being in force, any legal proceeding(whether civil or criminal) which may lawfully be broughtagainst any member of the Force for anything done orintended to be done under the powers conferred by, or inpursuance of any provision of this Act or the rules, shall becommenced within three months after the act complained ofwas committed and not otherwise, and notice in writing ofsuch proceeding and of the cause thereof shall be given tothe defendant or his superior officer atleast one month beforethe commencement of such proceeding.

141. (1) The Central Government may, by notification,make rules for the purpose of carrying into effect theprovisions of this Act.

Protection foracts of mem-bers of theForce.

Power tomake rules.

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(2) in particular and without prejudice to thegenerality of the foregoing power, such rules mayprovide for:-

(a) the constitution, governance, command anddiscipline of the Force;

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

(c) the conditions of service (includingdeductions from pay and allowances) ofmembers of the Force;

(d) the rank, precedence, powers of commandand authority of the officers, subordinateofficers, under-officers and other personssubject to this Act;

(e) the removal, retirement, release or dischargefrom the service of persons subject to thisAct;

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

(g) the convening, constitution, adjournment,dissolution and sittings of Security ForceCourts, the procedure to be observed in trialsby such courts, the persons by whom anaccused may be defended in such trials andthe appearance of such persons there at;

(h) the confirmation, revision and annulment of,and petitions against, the finding andsentences of Security Force Courts;

(i) the forms or orders to be made under theprovisions of this Act relating to SecurityForce Courts and the awards and inflictionof death, imprisonment and detention;

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

64 BSF ACT

(k) any matter necessary for the purpose ofcarrying this Act into execution, as far as itrelates to the investigation, arrest, custody,trial and punishment of offences triable orpunishable under this Act;

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

(m) the convening of, the constitution, procedureand practice of, Courts of inquiry, thesummoning of witnesses before them and theadministration of oaths by such Courts;

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

(o) any other matter which is to be, or may beprescribed or in respect of which this Actmakes no provision or makes insufficientprovision and provision is, in the opinion ofthe Central Government, necessary for theproper 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 ofParliament while it is in session for a total period of thirtydays which may be comprised in one session or in twosuccessive sessions and if, before the expiry of the sessionin which it is so laid or the session immediately following,both Houses agree in making any modification in the rule orboth Houses agree that the rule should not be made, the ruleshall thereafter have effect only in such modified form or beof no effect, as the case may be; so, however, that any suchmodification or annulment shall be without prejudice to thevalidity of anything previously done under that rule.

142. (1) The Border Security Force in existence at thecommencement of this Act shall be deemed to be the Forceconstituted under this Act.

(2) Members of the Border Security Force inexistence at the commencement of this Act shall be deemed

Provisions asto existingBorder Secu-rity Force.

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to have been appointed or as the case may be, enrolled assuch under this Act.

(3) Anything done or any action taken before thecommencement of this Act in relation to the constitution ofthe Border Security Force referred to in sub-section (1), inrelation to any person appointed or enrolled, as the case maybe, thereto, shall be as valid and as effective in law as if suchthing or action was done or taken under this Act.

Provided that nothing in this sub-section shall renderany person guilty of any offence in respect of anything doneor omitted to be done by him before the commencement ofthis Act.

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S.O. 2336 dated the 9th June, 1969 - In exercise ofthe powers conferred by sub-section (1) and (2) of section141 of the Border Security Force Act, 1968, (47 of 1968),the Central Government hereby makes the following rules,Namely:-

THE BORDER SECURITY FORCE RULES, 1969

CHAPTER - I

PRELIMINARY

1. Short title and application - (1) These rules may becalled the Border Security Force Rules, 1969.

(2) They shall come into force on the date of theirpublication in the official Gazette.]1

(3) These rules shall apply to all persons subject to the Act.

Provided that the provisions of Chapter-IV thereofshall not apply to persons belonging to the All India Servicesand other Government servants who are on deputation withthe Border Security Force.

2 [Provided further that the provisions of Chapter-IX &X thereof shall not apply to trial by SSFCs in so far as they areinconsistent with any of the provisions contained in Chapter-XI thereof pertaining to Summary Security Force Courts].

2. Definitions - In these rules, unless the contextotherwise requires,-

(a) “the Act” means the Border Security ForceAct, 1968 (47 of 1968),

(b) “Appendix” means an Appendix annexed tothese rules,

1. Published in the Gazette of India, Extraordinary, Part-II, Section 3(ii), dated the 13th June, 1969.

2. Ins. by S.O. 329 (E), dated 29.04.1981.

67BSF RULES

(c) “Court” means the security Force Court,(d) “Detachment” includes any part of the

battalion required or ordered to proceed onduty away from Headquarters,

(e) “Proper Force authority” when used inrelation to any power, duty, act or matter,means such Force authority as, in pursuanceof these rules made under the Act, exercises,or performs that power or duty or isconcerned with that matter.

(f) “Section” means a section of the Act,(g) All words and expressions used in these rules

and defined in the Act shall have the samemeaning as in the Act.

3. Reports and applications - Any report or applicationdirected by these rules to be made to a superior officer, or toa proper Force authority shall be made in writing throughthe proper channel, unless the said authority, on account ofexigencies of service or otherwise, dispenses with the writing.

4. Forms in appendices - (1) The forms set forth in theappendices, with such variations as the circumstances of eachcase may require, may be used for the respective purposestherein mentioned, and if used shall be sufficient, but adeviation from such forms shall not, by reason only of suchdeviation, render invalid any charge, warrant, order,proceedings or any other documents relevant to these rules.

(2) Any omission of any such form shall not, by reasononly of such omission, render any act or thing invalid.

(3) The directions in the notes to and the instructions inthe form shall be duly complied with in all cases to whichthey relate, but any omission to comply with any suchdirection in the notes or instructions shall not, merely byreason of such omission render any act or thing invalid.

5. Exercise of power vested in holder of an office inthe Force. - Any power or jurisdiction given to any person

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holding any office in the Force to do any act or thing to, orbefore any person, may, for the purposes of these rules, beexercised by any other person who may, for the time being,be performing the functions of that office in accordance withthe rules and practice of the Force.

6. Case unprovided for. - In regard to any matter notspecifically provided for in these rules, it shall be lawful forthe competent authority to do such thing or take such actionas may be just and proper in the circumstances of the case.

69BSF RULES

CHAPTER - II

RECRUITMENT

7. Disqualification - No person, -

(a) who has entered into or contracted a marriagewith a person having a spouse living, or

(b) who, having a spouse living, has entered intoor contracted a marriage with any person shallbe eligible for appointment in the Force.

Provided that the Central Government may, ifsatisfied, that such marriage is permissible under the personallaw applicable to such person and the other party to themarriage and that there are other grounds for so doing, exemptany person from the operation of this rule.

8. Ineligibility of aliens - No person who is not a citizenof India shall, except with the consent of the CentralGovernment signified in writing, be appointed, enrolled oremployed in the Force.

Provided that nothing contained in this rule shall barthe appointment, enrolment or employment of a subject ofNepal, Sikkim or Bhutan in the Force.

9. Appointment of officers - The Central Governmentmay appoint such persons as it considers to be suitable asofficers in the Force, and their conditions of service shall besuch as may be provided in the rules made in this behalf bythe Central Government.

10. Probation - (1) An officer on first appointment tothe Force shall be on probation for a period of two years andthe Central Government may, for reasons to be recorded inwriting, extend the period of probation for such further periodor periods not exceeding one year.1. Rule-7 Substituted SO 188 (E) dated 13 Mar 1993.2. The words “against a permanent post” in sub rule -1 of

Rule-10 deleted by S.O. 188 (E) dated 13 Mar 1993.

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(2) The Central Government may, during the period ofprobation, terminate the services of an officer withoutassigning any reasons.

11. Appointment of Subordinate Officers and underOfficers - Appointments to the posts of Subedars, Sub-Inspectors and Under Officers for the Force may be made bythe Inspector-General, the Deputy Inspector-General and theCommandant respectively:

(a) by direct recruitment;

(b) by deputation from the Army, Navy, AirForce, State Police Force, or any other De-partment of the Central Government or of theState Government;

(c) by promotion as may be prescribed from timeto time.

1[11-A.Commissions - (1) Officers referred to in rule 9 andSubedars and Sub-Inspectors referred to in rule 11 may begranted commissions as such by the President.

(2) The grant of the commission shall be notifiedin the Official Gazette and such notification shall beconclusive proof of the grant of such commission.

12. Enrolling Officers - For the purposes of enrolmentof persons to the Force under section 6, the following personsshall be enrolling officers:-

(a) Commandants of all battalions; and

(b) any other officer of the Force who may beappointed as enrolling officer by the Direc-tor-General.

13. Procedure for enrolment, mode of enrolment andother matters connected therewith - (1) Upon the

1. Ins. by S.O. 1362, dated 7.4.1970.

71BSF RULES

appearance before the enrolling officer of any person desirousof being enrolled, the enrolling officer shall read and explainto him, or cause to be read and explained to him in hispresence, the conditions of service for which he is to beenrolled; and shall put to him the questions contained in theform of enrolment set out in Appendix I and shall, afterhaving cautioned him that if he makes a false answer to anysuch questions he shall be liable to punishment under theAct, record or cause to be recorded his answer to each suchquestion.

(2) If, after complying with the provisions of sub-rule(1) and such other directions as may be issued in this behalfby the Director-General from time to time, the enrollingofficer is satisfied that the person desirous of being enrolled,fully understands the questions put to him and consents tothe conditions of service, and if the said officer is satisfiedthat there is no impediment, he shall sign and shall also causesuch person to sign the enrolment paper and such personshall thereupon be deemed to be enrolled.

(3) (a) Every person enrolled as a member of theForce under sub-rule (2) shall be administered an oath oraffirmation in the form set out in Appendix-I.

(b) The oath or affirmation shall as far as possiblebe administered by the Commandant of the person to beattested or in the unavoidable absence of the Commandantby the person authorised in writing by the Commandant inthis behalf.

(c) The oath or affirmation shall be administeredwhen the person to be attested has completed his training.

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CHAPTER-III

ORGANISATION1[14. Constitution of the Force. - (1) Border SecurityForce shall consist of:-

(a) Border Security Force (Regular)(b) Border Security Force (Auxiliary)

(2) Officers, subordinate officers and enrolledpersons appointed to or enrolled into the Border SecurityForce (Regular) shall be liable for continuous service for theterm mentioned in their enrolment form, letter of appointmentor in the rules made in this behalf.

(3) Officers, subordinate officers and enrolled personsappointed to or enrolled in to the Border Security Force (Auxiliary)shall serve as and when they are called out for service by the Director-General with the consent of the Central Government or for trainingunder the order of the Director-General.2[14A. Ranks.- (1) The officers and other members of theForce shall be classified in accordance with their ranks inthe following categories namely:-

(a) Officers(1) Director-General

2[(2) Additional Director General 3[(3) Inspector-General

(4) Deputy Inspector General(5) Additional Deputy Inspector General(6) Commandant(7) Deputy Commandant(8) Assistant Commandant

(b) Subordinate Officers(9) Subedar Major(10) Subedar(11) Sub-Inspector

1. Ins. by S. O. 4034, dated 21.10.19712. Renumbered by ibid.3. Subs. by S. O. 436 (E), dated 29.5.1990

73BSF RULES

(c) Under Officers(12) Head Constable(13) Naik(14) Lance Naik

(d) Enrolled persons other than Under Officers

(15) Constable.(16) Enrolled followers

(2) Matters relating to Inter-se seniority ofpersons belonging to the same rank shall be determined inaccordance with such rules as may be made in this behalf.

1(3) Notwithstanding any thing contained in theserules, the Director General may,-

(i) subject to confirmation by the CentralGovernment as provided hereinafter, grant toan officer or subedar of the Force a rank,mentioned against Sr No.(6), (7) and (8), inclause (a) of sub-rule (1), as a local rank:

(ii) subject to prior approval of the CentralGovernment, grant to an officer of the Force arank mentioned against Sr No.(2), (3), (4) and(5) in clause (a) of sub rule (1), as a local rank;whenever as considered necessary by him inthe interest of better functioning of the force.

(4) An officer or 2(**)subedar of the Force holdinga local rank:-

(a) shall exercise the command and be vested withthe powers of an officer holding that rank;

(b) shall cease to hold that rank, if the grant of suchrank is not confirmed within twenty one daysby the Central Govt or when so ordered by theDirector General or when he ceases to hold theappointment for which the rank was granted;

1. Amended by SO, 55(E) date 01-02-19992. Ins. By SO 155 (E) date 01-03-19833. Explanation omitted by SO 436 (E) date 29-05-1990.

3(***)[Explanation]

BSF RULES74

(c) shall not be entitled to any extra pay andallowances for holding such rank;

(d) shall not be entitled to claim any seniorityover other officer of the Force by virtue ofhaving held such rank.

15. The task of the Force and Command and Controlthereto.- (1) For the purpose of sub-section (1) of section 4,the Force shall:-

(i) promote a sense of security among thepeople living in the border area.

(ii) prevent trans-border crimes, un-authorised entry into or exit from theterritory of India.

(iii) prevent smuggling and any otherillegal activity.

(2) In discharging the functions under sub-rule(1), the responsibility for the command, discipline, moraleand administration shall:-

(a) in the case of Inspector General, extend to allbattalions, units, headquarters,establishments and Force personnel placedunder him 1 [***];

(b) in the case of a Deputy Inspector General,extend to all the battalions, other personneland units placed under him 1[***]; and

(c) in the case of a Commandant, extend to thebattalion or unit placed under him 1[***].

1. Omitted by SO 436 (E) date 29-05-1990.

75BSF RULES

(3) During hostilities, the Inspector General, theDeputy Inspector General and the commandant shalldischarge such functions as may be assigned by theirrespective superiors.

(4) The command, discipline, administration andtraining of battalions, unit and establishment not placed undera Deputy Inspector General or an Inspector General shall becarried out by such officers and in such manner as may fromtime to time be laid down by the Director General.

(5) Any member of the Force shall be liable toperform any duties in connection with the safeguarding of thesecurity of the border of India, the administration, disciplineand welfare of the Force and such other duties as he may becalled upon to perform in accordance with any law for the timebeing in force and any order given in this behalf by a superiorofficer shall be a lawful command for the purposes of the Act.

16. Command - (1) An officer appointed to commandshall have the power of command over all officers and men,irrespective of seniority placed under his command.

(2) (a) In the contingency of an officer being unableto exercise the command, to which he hasbeen appointed, due to any reason, thecommand shall devolve on the second-in-command, if one has been so appointed.

(b) If no second-in-command has been appointed,it shall devolve, on the officer who may beappointed to officiate by the immediate superiorof the officer unable to exercise command.

(c) If no such officer has been so appointed,command shall devolve on the senior mostofficer present.

(d) The inability of an officer to exercisecommand and its assumption by any other

BSF RULES76

officer in accordance with this sub-rule shallbe immediately reported to ForceHeadquarters by the officer who has assumedcommand.

(3) If persons belonging to different battalionsand units are working together :-

(i) in regard to the specific task on whichthey are engaged, the officerappointed to command or in hisabsence the senior most officerpresent shall exercise command overall such persons;

(ii) in all other matters the senior officerbelonging to each battalion shallexercise command over personsbelonging to his battalion.

(4) When officers and other persons belongingto the Force are taken prisoner by an enemy the exitingrelations of superior and subordinate and the duty ofobedience shall remain unaltered and any person guilty ofindiscipline or insubordination in this behalf shall, after hisrelease, be liable for punishment.

(5) Disciplinary powers over a person subject tothe Act shall be exercised by the Commandant of the battalionor unit to which such a person belongs or the officer on whomcommand has devolved in accordance with sub-rule (2).

(6) Where such a person is doing detachmentduty, including attendance at a course of instruction theCommandant of the battalion, unit, centre or establishmentwith which he is doing such duty shall also have all thedisciplinary power of a Commandant.

77BSF RULES

(7) The Director General, the Inspector Generaland the Deputy Inspector General may specify one or moreofficers of the staff who shall exercise the disciplinary powersof a Commandant in respect of persons belonging to or doingdetachment duty at their respective Headquarters.

Explanation - In this rule, except in sub-rule (2) theword “officer” shall include a subordinate officer and anunder officer.

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CHAPTER-IV

TERMINATION OF SERVICE

17. Retirement on ground of unsuitability - (1) Wherethe Director General is of the opinion that an officer is unfitto be retained in service, he may recommend to the CentralGovernment that the officer be retired from service.

(2) He shall also forward to the CentralGovernment the reason for his recommendation alongwiththe record of service of the officer.

(3) The Central Government may on receipt ofsuch recommendation and after giving the officer anopportunity to explain his case pass such order as it maydeem fit.

Provided that where in the interest of security of theState it would be inexpedient so to do it shall be lawful forthe Government to pass an order as aforesaid without givingthe officer the opportunity to explain his case.

18. Retirement on grounds of physical unfitness - (1)Where an officer not below the rank of a Deputy InspectorGeneral considers that an officer of the Force is unfit toperform his duties because of his physical conditions, theofficer shall be brought before a medical board.

(2) The medical board shall consist of suchofficers and shall be constituted in such manner as may, fromtime to time, be laid down by the Director General.

(3) Where the medical board considers the officerto be unfit for service, the Central Government shallcommunicate to the said officer the findings of the medicalboard and thereupon, with in a period of fifteen days of suchcommunication, the officer may make a representationagainst it to the Central Government.

79BSF RULES

(4) The Central Government may, on receivingthe representation from the officer, refer the case to bereviewed by a fresh medical board constituted for the purposeand order the retirement of the said officer if the decision ofthe fresh medical board is adverse to him.

19. Resignation - (1) The Central Government may,having regard to the special circumstances of any case, permitany officer of the Force to resign from the Force before theattainment of the age of retirement or before putting in suchnumber of years of service as may be necessary under therules to be eligible for retirement.

Provided that while granting such permission theCentral Government may:-

(i) require the officer to refund to theGovernment such amount as would constitute the costof training given to that officer 1[or three months payand allowances, whichever is higher, or Providedfurther that an officer of the Force tenderingresignation, for accepting a job under Central or StateGovernments or local bodies, after having beengranted cadre clearance for the same or who hascompleted 10 years of service shall not be requiredto refund the sum as provided here in above.

(2) The Central Government may accept theresignation under sub rule (1) with effect from such date asit may consider expedient.

(3) The Central Government may refuse to permitan officer to resign:

(a) if an emergency has been declared in theCountry either due to internal disturbancesor external aggression; or

(b) if considers it to be inexpedient so to do 2[dueto exigencies of service or in the interests ofthe discipline of the Force; or

1. Ins by SO 1686, dated 31-05-19962. Ins by SO 166 dated 14-01-1998

BSF RULES80

(c) if the officer has specifically undertaken toserve for a specified period and such periodhas not expired.

(4) The provisions of this rule, shall apply to andin relation to subordinate Officer and Enrolled Persons asthey apply to and in relation to any officer of the Force andthe powers vested in the Central Government under sub-rules(1) and (2) shall be exercised in the case of a SubordinateOfficer by a Deputy Inspector General and in the case of anEnrolled Person by a Commandant.

1[20. Termination of service of officers by the CentralGovernment on account of misconduct] (1) when it isproposed to terminate the service of an officer under section10 on account of mis-conduct, he shall be given anopportunity to show cause in the manner specified in sub-rule (2) against such action:-

Provided that this sub-rule shall not apply:-

(a) where the service is terminated on theground of conduct which has led to his con-viction by a criminal court or a SecurityForce Court; or

(b) where the Central Government is satisfiedthat for reasons, to be recorded in writing, itis not expedient or reasonably practicable togive to the officer an opportunity of showingcause.

(2) When after considering the reports on anofficer’s misconduct, the Central Government or the DirectorGeneral, as the case may be, is satisfied that the trial of theOfficer by a Security Force Court is in-expedient orimpracticable, but is of the opinion, that the further retention

1. Rule 20,21,22 Subs. by S.O. 436 (E) dt. 29.5.1990.

81BSF RULES

of the said officer in the service is undesirable, the DirectorGeneral shall so inform the officer together with particularsof allegation and report of investigation (including thestatements of witnesses, if any, recorded and copies ofdocuments if any, intended to be used against him) in caseswhere allegations have been investigated and he shall becalled upon to submit, in writing, his explanation and defence:

Provided that the Director General may with holddisclosure of such report or portion thereof if, in his opinion,its disclosure is not in the interest of the security of the State.

(3) In the event of explanation of the Officerbeing considered unsatisfactory by the Director-General, orwhen so directed by the Central Government, the case shallbe submitted to the Central Government with the Officer’sdefence and the recommendations of the Director-Generalas to the termination of the Officer’s service in the mannerspecified in sub-rule (4).

(4) When submitting a case to the CentralGovernment under the provision of sub-rule (2) or sub-rule(3), the Director-General shall make his recommendationwhether the Officer’s service should be terminated, and ifso, whether the officer should be,-

(a) dismissed from the service; or(b) removed from the service; or(c) retired from the service; or(d) called upon to resign.

(5) The Central Government, after consideringthe reports and the officer’s defence, if any, or the judgementof the Criminal Court, as the case may be, and therecommendation of the Director-General, may remove ordismiss the officer with or without pension, or retire or gethis resignation from service, and on his refusing to do so,the officer may be compulsorily retired or removed from theservice with pension or gratuity, if any, admissible to him.

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21. Termination of service of officers by the CentralGovernment on grounds other than mis-conduct-(1) Whenthe Director General is satisfied that an officer is unsuitable tobe retained in service, the officer.-

(a) shall be so informed;(b) shall be furnished with particulars of all mat-

ters adverse to him; and(c) shall be called upon to urge any reasons he

may wish to put forward in favour of his re-tention in the service:

Provided that clauses (a), (b) and (c) shall not apply,if the Central Government is satisfied that, for reasons, to berecorded by it in writing, it is not expedient or reasonablypracticable to comply with the provisions thereof:

Provided further that the Director-General may notfurnish to the officer any matter adverse to him, if in hisopinion, it is not in the interest of the security of the state todo so.

(2) In the event of the explanation beingconsidered by the Director General unsatisfactory, the mattershall be submitted to the Central Government for orders,together with the officer’s explanation and therecommendation of the Director General.

(3) The Central Government after considering thereports, the explanation, if any, of the officer and therecommendation of the Director General, may call upon theofficer to retire or resign and on his refusing to do so, theofficer may be compulsorily retired from the service withpension or gratuity, if any, admissible to him.

22. Dismissal or removal of persons other thanofficers on account of mis-conduct. (1) When it is proposedto terminate the service of a person subject to the Act otherthan an officer, he shall be given an opportunity by theauthority competent to dismiss or remove him, to show causein the manner specified in sub-rule (2) against such action:

83BSF RULES

Provided that this sub-rule shall not apply -

(a) where the service is terminated on the groundof conduct which has led to his conviction bya criminal court or a Security Force Court; or

(b) where the competent authority is satisfiedthat, for reasons to be recorded in writing, itis not expedient or reasonably practicable togive the person concerned an opportunity orshowing cause.

(2) When after considering the reports on themis-conduct of the person concerned, the competentauthority is satisfied that the trial of such a person isinexpedient or impracticable, but, is of the opinion that hisfurther retention in the service is undesirable, it shall soinform him together with all reports adverse to him and heshall be called upon to submit, in writing, his explanationand defence:

Provided that the competent authority may with-hold from disclosure any such report or portion thereof,if, in his opinion its disclosure is not in the publicinterest.

(3) The competent authority after considering hisexplanation and defence if any may dismiss or remove himfrom service with or without pension:

Provided that a Deputy Inspector General shall notdismiss or remove from service, a Subordinate Officer ofand above the rank of a Subedar.

(4) All cases of dismissal or removal under thisrule, shall be reported to the Director General.

23. Dismissal or removal by Central Government-Wherethe Central Government is satisfied, for reasons to be recordedin writing, that:-

BSF RULES84

(i) it is not reasonably practicable tofollow the procedure laid down in thesaid rules; or

(ii) it is not expedient, in the interests ofthe security of the State, to followsuch procedure, it may order thedismissal or removal from the Forceof a person subject to the Act withoutfollowing the procedure laid down inrules 20 and 21.

1[23A. Termination of service on conviction on a criminalcharge.- When a person subject to the Act is convicted of acivil offence the competent authority may dismiss or removehim from service without holding any inquiry or issuing ashow cause notice.

24. Retirement of subordinate officers and enrolledpersons.- A subordinate officer or an enrolled person shallon the fulfilment of the terms and conditions of service underwhich he was appointed or enrolled be eligible to retire.

25. Retirement of subordinate officer and enrolledpersons on grounds of physical unfitness.- (1) Where aCommandant is satisfied that a Subedar, Sub-Inspector oran enrolled person is unable to perform his duties by reasonof any physical disability he may direct that the said Subedar,Sub-Inspector or the enrolled person, as the case may be, tobe brought before a Medical Board.

(2) The Medical Board shall be constituted insuch manner as may be determined by the Director General.

(3) Where the said Subedar, Sub-Inspector orenrolled person is found by the Medical Board to be unfitfor further service in the Force, the Inspector General, theDeputy Inspector General or as the case may be, theCommandant may, if he agrees with the finding of theMedical Board order the retirement of the Subedar, the Sub-Inspector, or as the case may be, the enrolled persons:1. Ins. by S.O. 155 (E), dated 1-3-1983.

85BSF RULES

Provided that before the said Subedar or Sub-Inspector or as the case may be, the enrolled person is soretired the finding of the Medical Board and the decision toretire him shall be communicated to him.

(4) The Subedar, the Sub-Inspector or, as the casemay be, the enrolled person may, within a period of fifteendays from the date of receipt of such communication, makea representation to the officer next superior in command tothe one who ordered the retirement.

(5) The said superior officer shall have the casereferred to a Review Medical Board which shall beconstituted in such manner as may be determined by theDirector General.

(6) The superior officer may, having regard to thefinding of the Review Medical Board, pass such order as hemay deem fit.

(7) Where a representation has been made to asuperior officer under sub-rule (4), an order passed undersub-rule (3), shall not take effect till it is confirmed by suchsuperior officer.1[26. Retirement of enrolled persons on grounds ofunsuitability.- Where a Commandant is satisfied that anenrolled person is unsuitable to be retained in the Force, theCommandant may, after giving such enrolled person anopportunity of showing cause (except when he considers itto be impracticable or inexpedient in the interest of securityof the State, to give such opportunity), retire such enrolledperson from the Force.

27. Retirement of subordinate officers on grounds ofunsuitability.- (1) Where a Deputy Inspector General issatisfied that a Sub-Inspector is unsuitable to be retained inthe Force, he may, after giving such Sub-Inspector anopportunity of showing cause (except when he considers it

1. Subs. by S.O. 436 (E), dated 29-5-1990.

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to be impracticable or inexpedient in the interest of securityof State, to give such opportunity), retire the said Sub-Inspector.

(2) Where an Inspector General is satisfied thata Subedar or Subedar Major is unsuitable to be retained inthe Force, he may, after giving such Subedar or SubedarMajor an opportunity of showing cause (except when heconsiders it to be impracticable or inexpedient in the interestof security of State, to give such opportunity), retire suchSubedar or Subedar Major from the Force.

28. Power to be exercised by a superior officer orauthority.- Any power conferred by the provisions of thisChapter on an officer may also be exercised by an officeror authority superior in command to the first mentionedofficer.

1[28A. Petition.-2[Any person subject to the Act, whoconsiders himself aggrieved by any order of termination ofhis service passed under this Chapter may; in the case of anofficer, present a petition to the Central Government, in thecase of an Assistant Sub Inspector or a subordinate officer,present a petition to the Director General and in the case ofan enrolled person, present a petition to the Inspector General,who may pass such orders on the petition as deemed fit].

Provided that the limitation period for filing suchpetition shall be three months from the date of order oftermination or from the date of its receipt, whichever is later.

29. Passing of orders relating to absence from duty.- Wherean order of dismissal or of removal or of retirement of a personsubject to the Act is set aside, the officer or authority setting asidesuch dismissal, removal or retirement shall pass such orders asmay be necessary in respect of the period of absence from duty ofthe person whose dismissal, removal or retirement has been setaside.1. Ins. by S.O. 436 (E) , dated 29-5-1990.2. Subs Vide S.O. 1866, dated 27.6.2003.

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30. Date of dismissal, removal, resignation,retirement.- The effective date of dismissal, resignation orretirement shall be:-

(a) the date mentioned in the order of dismissalor removal or order sanctioning or acceptingresignation or retirement; or

(b) if no such date is mentioned, the date onwhich the order was signed or the date onwhich the person concerned is relieved fromduties, whichever is later.

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CHAPTER-V

ARREST AND INVESTIGATION

31. Forms of arrest. - (1) Arrest may be either open arrestor close arrest.

(2) An arrest, unless otherwise specified shallmean an open arrest.

(3) An order imposing arrest may becommunicated to the person to be arrested either orally or inwriting.

32. Authority to order arrest.- (1) No person subjectto this Act shall be arrested on a charge under the Act exceptunder and in accordance with the orders of a superior officerhaving power of command over him.

(2) Notwithstanding anything contained in sub-rule (1) any person subject to the Act may be placed underarrest by any superior officer:-

(a) if he commits an offence against such superiorofficer; or

(b) if he commits an offence in the view of suchsuperior officer; or

(c) if he is behaving in a disorderly manner andthe said superior officer considers itnecessary to place such a person under arrestwith a view to stop such disorderlybehaviour.

(3) A superior officer effecting arrest under sub-rule (2) shall as soon as possible, and in any case withintwenty four hours of such arrest send a report to theCommandant of the battalion or unit of which the personarrested is a member and in case of the arrest of an officer of

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and above the rank of Commandant, to his immediatesuperior officer.

33. Arrest how imposed.- (A) Close arrest-(1) (a) Closearrest in the case of enrolled persons shall be imposed byinforming the person to be arrested and ordering him to bemarched to the place of confinement under an escort ofpersons of similar or superior rank.

(b) Where no such escort is available the personarrested shall be ordered to report himself immediately tothe quarter guard or other place of confinement.

(2) (a) Close arrest in the case of officers,subordinate officers and under officers, shall be imposedby placing such officer, subordinate officer or under officersunder the custody of another person of similar or superiorrank and wherever considered necessary such officer,subordinate officer, or under officer may be confined undercharge of a guard.

(b) The person under arrest shall not leave hisquarter or tent without permission of a superior officerdesignated by the Commandant in this behalf.

(B) Open arrest - (3) (a) Open arrest shall beimposed by informing the person to be arrested (whether heis an officer, subordinate officer, under officer or an enrolledperson) that he is under open arrest and that he shall confinehimself within such limits as may be specified in this behalfby the concerned superior officer effecting such arrest.

(b) The Commandant may, from time to time,vary the limits referred to in clause (a) above.

34. Release from arrest during investigation.- (1) Anyperson arrested under rule 33 may be released from arrestunder the order of an Assistant Commandant, DeputyCommandant, Commandant or any officer superior to theCommandant.

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(2) Subject to the provisions of rule 35, no personexcept on the basis of any fresh evidence against him be re-arrested.

35. Release without prejudice to re-arrest.- Pendingthe completion of the investigation or convening of a Courtany person who has been placed under arrest may withoutprejudice to re-arrest be released by his Commandant or byany officer superior to his Commandant.

36. Arrest when to be imposed.- (1) Any person chargedwith:

(i) an offence under section 14, or clause (a) orclause (b) of section 16, or section 17 or sec-tion 20 or sub-section (1) of section 21.

(ii) a civil offence punishable with death or im-prisonment for life.

(iii) any other offence under the Act:-

(a) if the interest of discipline so require,or

(b) if the person concerned deliberatelyundermines discipline, or

(c) if the person concerned is of violentdisposition, or

(d) if the person concerned is likely toabsent himself with a view to avoidtrial, or

(e) if the person concerned is likely tointerfere with witness or tamper withevidence, shall be placed under arrest.

(2) Where any person arrested shows symptomsof sickness, medical assistance shall be provided for suchperson.

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37. Special provision in case of arrest of intoxicatedperson.- (1) Where an intoxicated person has been arrested,he shall, as far as possible, be confined separately and shallbe visited by orderly officer or orderly subordinate officer ororderly under officer or under officer incharge of the guard,once every two hours.

(2) An intoxicated person shall not be takenbefore a superior officer for investigation of his case until hehas become sober.

38. Arrest in case of person whose trial has beenordered.- (1) Unless the convening officer has otherwisedirected, on the commencement of the trial of a person bythe Court, the said person shall be placed under arrest andshall remain under arrest during the trial.

(2) Where a sentence lower than imprisonment ispassed by a Court the arrested person shall be released by hisCommandant pending confirmation of the finding and sentence:

Provided that a person who has been sentenced to bedismissed shall not, except while on active duty, be put onany duty.

39. Delay reports.- (1) (a) The report on reasons for delayas required under section 59 shall be in the form set out inAppendix-II and it shall be sent by the Commandant to theDeputy Inspector General under whom the accused may beserving.

(b) A copy of the eighth delay report and everysucceeding report thereof shall also be sent to theInspector General under whom the accused may beserving.

(2) Where the accused is kept under arrest for aperiod exceeding three months without being brought to trial,a special report regarding the action taken and the reasonsfor the delay shall be sent by the Commandant to the DirectorGeneral with a copy each to the Deputy Inspector Generaland the Inspector General concerned.

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40. Rights of a person under arrest.- (1) (a) Any personplaced under arrest shall, at the time of being placed underarrest, be given in writing by the officer effecting the arrestthe particulars of the charges against him.

(b) The said particulars shall be rendered insimple language and also explained to theaccused.

(c) Notwithstanding anything contained in clause(a), where during the investigation other of-fences committed by the accused are discov-ered, it shall be lawful to charge such personwith those offences.

(2) (a) The orderly officer or the orderly Subordi-nate Officer shall every day make a visit tothe person under arrest and take the ordersof the Commandant on any request or repre-sentation made by the person under arrest.

(b) The request or representation made by theperson under arrest shall be entered in theform set out in Appendix-III.

1[40A. (1) Not withstanding any thing contained in theserules, the appointing authority may, at its discretion, place aperson serving under him, under suspension:-

(i) where a disciplinary action under the Actagainst him is contemplated or is pending;or

(ii) where in the opinion of the authorityaforesaid, he has engaged him self inactivities prejudicial to the interest or thesecurity of the state; or

(iii) where a case against him in respect of anycivil offence is under investigation, inquiryor trial.

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2[Provided that the Director General may exercisethe powers of suspension in respect of officers of the Forceupto the rank of Deputy Commandant.

2[Provided further that the Director General shallreport the facts of each case immediately to the CentralGovernment and all such orders of suspension shall becomeab-initio void unless confirmed by the Central Governmentwithin a period of one month from the date of the said orders,irrespective of the fact that the suspension is revoked by thesaid authority within that period.

(2) A member of the Force shall be deemed tohave been placed under suspension by an order of theappointing authority:-

(i) with effect from the date of his deten-tion by civil police on a criminal charge orotherwise for a period exceeding 48 hours; or

(ii) with effect from the date of hisconviction by a civil court on a criminalcharge, if the sentence awarded isimprisonment for a term exceeding 48 hours.

(3) An order of suspension made or deemed tohave been made under this rule shall continue to remain inforce until it is modified or revoked by the authoritycompetent to do so.

(4) An order of suspension made or deemed tohave been made under this rule, may at any time, be modifiedor revoked by the authority which made the order or by anyauthority to which that authority is subordinate.

(5) When a person remains under suspension formore than 90 days, a report giving reasons for delay in thefinalisation of his case shall be submitted to the DirectorGeneral by the Commandant of the accused and thereafter,subsequent reports shall be submitted every month till thecase is finalised or the order of suspension is revokedwhichever is earlier.1. Ins. by S.O. 187(E) dated 23.3.19842. Ins. by S.O. 544 dated 15.2.2002

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CHAPTER-VI

CHOICE OF JURISDICTION BETWEEN SECURITYFORCE COURT AND CRIMINAL COURT

41. Trial of cases either by security force court orcriminal court.- (1) Where an offence is triable both by acriminal court and a Security Force Court, an officer referredto in section 80 may-

(i) (a) Where the offence is committed by the ac-cused in the course of the performance of hisduty as a member of the Force; or

(b) Where the offence is committed in relationto property belonging to the Government orthe Force or a person subject to the Act; or

(c) Where the offence is committed against aperson subject to the Act, direct that any per-son subject to the Act, who is alleged to havecommitted such an offence, be tried by aCourt, and

(ii) in any other case, decide whether or not itwould be necessary in the interests ofdiscipline to claim for trial by a Court anyperson subject to the Act who is alleged tohave committed such an offence.

(2) In taking a decision to claim an offender fortrial by a Court, an officer referred to in section 80 may takeinto account all or any of the following factors, namely:

(a) The offender is on active duty or has beenwarned for active duty and it is felt that he istrying to avoid such duty;

(b) the offender is a young person undergoing

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training and the offence is not a serious oneand the trial of the offender by a criminalcourt would materially affect his training.

(c) the offender can, in view of the nature of thecase, be dealt with summarily under the Act.

42. Cases not to be tried by Security Force Court.-Without prejudice to the provisions of sub-rule (1) of rule41, an offender may not be claimed for trial by a SecurityForce Court:-

(a) where the offence is committed by himalongwith any other person not subject to theAct whose identity is known; or

(b) where the offence is committed by him whileon leave or during absence without leave.

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CHAPTER - VII

INVESTIGATION AND SUMMARYDISPOSAL

43. Offence report.- Where it is alleged that a personsubject to the Act 1[other than an officer or a SubordinateOfficer] has committed an offence punishable thereunder theallegation shall be reduced to writing in the form set out inAppendix IV.

2[44. Charge Sheet.- Where it is alleged that an officer ora subordinate Officer has committed an offence punishableunder the Act, the allegation shall be reduced to writing inthe form set out in Appendix VI.

45. 2[Hearing of the charge against an enrolledperson.- (1) The charge shall be heard by the Commandantof the Accused:-

(a) The charge and statements of witnesses ifrecorded shall be read over to the accused. Ifwritten statements of witnesses are notavailable, he shall hear as many witnesses ashe may consider essential to enable him todetermine the issue;

(b) the accused shall be given an opportunity tocross examine the witnesses and make astatement in his defence.

(2) After hearing the charge under sub-rule (1),the Commandant may:-

(i) award any of the punishments which he isempowered to award; or

(ii) dismiss the charge; or(iii) remand the accused, for preparing a record

of evidence or for preparation of an abstractof evidence against him; or

1. Ins. by S.O. 436(E) dated 29.5.19902. Subs. by ibid.

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(iv) remand him for trial by a Summary SecurityForce Court:

Provided that, in cases where the Commandantawards more than 7 days imprisonment or detention he shallrecord the substance of evidence and the defence of theaccused:

Provided further that he shall dismiss the charge, ifin his opinion the charge is not proved or may dismiss it ifhe considers that because of the previous character of theaccused and the nature of the charge against him it is notadvisable to proceed further with it:

Provided also that, in case of all offences punishablewith death a record of evidence shall be taken.

1[Provided further that in case of offences underSections 14, 15, 17, 18 and offence of ‘murder’ punishableunder Section 46 of the Act, if the accused has absconded ordeserted, the Commandant shall hear the charge in hisabsence and remand the case for preparation of the record ofevidence.

2[45 A. Hearing of charge by an officer specified underSection 53 of the Act.- (1) A specified officer may proceedagainst an enrolled person if,-

(a) the charge can be summarily dealt with; or

(b) the case has not been reserved by the Com-mandant for disposal by himself; or

(c) the accused is not under arrest.

(2) After hearing the charge under sub-rule (1)of the Rule 45 the specified officer may,-

(i) award any of the punishment which he isempowered to award, or

1. Ins. by S.O. 436(E) dated 29.5.1990.2. Inserted S.O. 55 (E), dated 01.02.1999.

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(ii) dismiss the charge, or

(iii) refer the case to Commandant.

1[45 B. Hearing of charge against an officer and asubordinate officer.- (1) (a) The charge against an officeror a subordinate officer shall be heard by his Commandant:

Provided that charge against a commandant, a DeputyInspector-General or an Inspector General may be heardeither by an officer commanding a Unit or Headquarters towhich the accused may be posted or attached or by his DeputyInspector-General, or his Inspector-General or, as the casemay be, the Director-General.

2[(b) The charge sheet and statement of witnesses,if recorded and relevant documents, if any,shall be read over to the accused if he hasnot absconded or deserted.

Provided that where written statements of witnessesare not available, the officer, hearing the charge shall hear asmany witnesses as he may consider essential to enable himto know about the case.

(c) The accused 3[if he has not absconded or de-serted] shall be given an opportunity to makea statement in his defence.

(2) After hearing the charge under sub-rule (1),the officer who heard the charge may :-

(i) dismiss the charge; or

(ii) remand the accused, for preparation of arecord of evidence or preparation of abstractof evidence against the accused:

Provided that he shall dismiss the charge if in hisopinion the charge is not proved or may dismiss it if heconsiders that because of the previous character of the1. Subs Vide S.O. 436 (E) dated 29.05.19902. Ins. Vide S.O. 55 (E) dated 01.02.1999.3. Ins. Vide S.O. 55 (E) dated 01.02.1999.

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accused and the nature of the charge against him, it is notadvisable to proceed further with it:

Provided further that in case of all offences punishablewith death, a record of evidence shall be prepared.

1[Provided also that in case of offence under Section14, 15, 17, 18 and offence of ‘murder’ punishable underSection 46 of the Act, if the accused has absconded ordeserted, the Commandant shall hear the charge in hisabsence and remand the case for preparation of record ofevidence.

46. Attachment to another unit.- The Commandantshall not deal with any case:-

(i) where the offence with which the accused ischarged is against the Commandant himself; or

(ii) where the Commandant is himself a witness inthe case against the accused ; or

(iii) where the Commandant is otherwise personallyinterested in the case, and the accused shall beattached to another battalion or unit for disposalof the case under the order of the DeputyInspector General:

Provided that a Commandant shall not be disqualifiedfrom hearing a charge merely because the offence wascommitted against the property of a Force Mess, band orinstitution of which the Commandant is a member or trusteeor because the offence is one of disobedience of suchCommandant’s orders.

47. Charges not to be dealt with summarily.- A chargefor an offence under section 14 or section 15 or clauses (a)and (b) of section 16 or section 17 or clause (a) of section 18or clause (a) section 20 or clause (a) section 24 or section 46

1. Ins. vide S.O. 55 (E) dated 01.02.1999

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(other than that for simple hurt or theft) or a charge for abetmentof or an attempt to commit any of these offences shall not bedealt with summarily.

48. Record of evidence.- (1) 1[The officer ordering therecord of evidence may either prepare the record of evidencehimself or detail another officer to do so.

(2) The witnesses shall give their evidence in thepresence of the accused and the accused shall have right tocross-examine all witnesses who give evidence against him.

2[Provided that where statement of any witness at acourt of inquiry is available, examination of such a witnessmay be dispensed with and the original copy of the saidstatement may be taken on record. A copy thereof shall begiven to the accused and he shall have the right to cross-examine if he was not afforded an opportunity to cross-examine the witness at the Court of Inquiry.]

(3) After all the wintesses against the accusedhave been examined, he shall be cautioned in the followingterms; “You may make a statement if you wish to do so, youare not bound to make one and whatever you state shall betaken down in writing and may be used in evidence.” Afterhaving been cautioned in the aforesaid manner what everthe accused states shall be taken down in writing.

(4) The accused may call witnesses in defenceand the officer recording the evidence may ask any questionthat may be necessary to clarify the evidence given by suchwitnesses.

(5) All witnesses shall give evidence on oath oraffirmation.

Provided that, no oath or affirmation shall be givento the accused nor shall he be cross-examined.

1. Subs by S.O. 436(E), dated 29.5.19902. Ins. by ibid.

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(6) (a) The statements given by witnesses shall ordinarilybe recorded in narrative form and the officer recording theevidence may, at the request of the accused, permit any portionof the evidence to be recorded in the form of question and answer.

(b) Witnesses shall sign their statements after thesame have been read over and explained to them.1 [(6A) The provisions of section 89 of the Act shall applyfor procuring the attendance of the witnesses before theofficer preparing the Record of Evidence.]

(7) Where a witness cannot be compelled toattend or is not available or his attendance cannot be procuredwithout an undue expenditure of time or money and afterthe officer recording the evidence has given a certificate inthis behalf, a written statement signed by such witness maybe read to the accused and included in the record of evidence.

(8) After the recording of evidence is completed,the officer recording the evidence shall give a certificate infollwoing form:-

“Certified that the record of evidence ordered by............................................ Commandant .........................wasmade in the presence and hearing of the accused and theprovisions of rule 48 have been complied with”.2[48 A. If a person subject to the Act absconds or deserts theforce after commission of offences under Sections 14, 15,17, 18 and offence of ‘murder’ punishable under Section 46of the Act and there is no immediate prospect of hisapprehension, the officer detailed to prepare the record ofevidence shall examine the witnesses in the absence of theaccused and such evidence may, on the apprehension of suchaccused, be given in evidence against him at the trial by aSecurity Force Court, if such witness is dead or incapable ofgiving evidence or cannot be found or his presence cannotbe procured without an amount of delay, expenses orinconvenience which, under the circumstances of the casewould be unreasonable.49 Abstract of evidence.- (1) An abstract of evidence shall1. Ins. by S.O. 329(E), dated 29.4.1981.2. Ins. by S.O. 55(E), dated 01.02.1999

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be prepared either by 1[the officer ordering it] or an officer detailedby him.

(2)(a) The abstract of evidence, shall include-(i) signed statements of witnesses wherever

available or a precis thereof,(ii) copies of all documents intended to be pro-

duced at the trial.(b) Where signed statements of any witnesses are

not available a precis of their evidence shallbe included.

(3) A copy of the abstract of evidence shall begiven by the officer making the same to the accused and theaccused shall be given an opportunity to make a statement ifhe so desires after he has been cautioned in the manner laiddown in sub-rule (3) of Rule 48:

Provided that the accused shall be given such timeas may be reasonable in the circumstances but in no caseless than twenty four hours after receiving the abstract ofevidence to make his statement.

50. Investigation of cases by Police.- Where theCommandant considers it necessary so to do, he may lodgea report with the police for investigation of any case.

51. Disposal of case 2[against an enrolled person] byCommandant after record or abstract of evidence.-(1)Where an officer has been detailed to prepare the recordof evidence or to make an abstract thereof, he shall forwardthe same to the Commandant.

(2) The Commandant may, after going throughthe record or abstract of evidence:

(i) Dismiss the charge, or(ii) rehear the charge and award one of the

summary punishments, or

1. Sub. by S.O. 436 (E), dated 29-05-1990.2. Ins. by ibid.

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(iii) try the accused by a Summary Security ForceCourt where he is empowered so to do, or

(iv) apply to a competent officer or authority toconvene a Court for the trial of the accused.

1[51A. Disposal of case against an officer or a subordinateofficer after preparation of record of evidence or abstractof evidence.- (1) Where an officer has been detailed toprepare the record of evidence or to make an abstract thereof,he shall forward the same to the officer who ordered for itspreparation.

(2) The officer who ordered for the preparationof record of evidence or abstract of evidence may, after goingthrough the record or abstract of evidence:-

(i) dismiss the charge; or

(ii) dispose of the case summarily if he is so em-powered, or

(iii) refer the case to competent superior officerfor disposal, or

(iv) apply to a competent officer or authority toconvene a General Security Force Court forthe trial of the accused.

52. Application for a Court.- An application for a Courtshall be made by the Commandant in the form set out inAppendix V to these rules and shall be accompanied by fivecopies of the record or abstract of evidence and charge sheetand such other documents as are mentioned in that applicationform.

1. Ins. by S.O. 436(E), dated 29.5.1990

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CHAPTER - VIII

ON CHARGES AND MATTERSANTECEDENT TO TRIAL

53. Charge Sheet.- (1) A Charge Sheet shall contain thewhole of the issue or issues to be tried at one time and maycontain more than one charge, if the charges are founded onthe same facts or form part of a series of offences of same orsimilar character;

Provided that a Charge under section 18, section 19,section 29, and section 32 may be included in any chargesheet, notwithstanding that other charges in that charge sheetare not founded on the same facts or do not form part of aseries of offences of the same or similar character.

(2) Every charge sheet shall in its layout followthe appropriate specimen set out in Appendix VI to theserules.

54. Charges.- (1) There shall be a separate charge foreach offence.

(2)(a) If a single act or series of acts is of such anature that it is doubtful which of several offences the factswhich can be proved will constitute, the accused may becharged with having committed all or any of such offences,and any number of such charges may be tried at once or hemay be charged in the alternative with having committedsome one of the said offences.

(b) The charge for the more serious offence shallprecede the one for the less serious offence.

(3) Each charge shall consist of two parts,namely:

(a) statement of offence; and

(b) particulars of the offence.

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(4) The offence shall be stated, if not a civiloffence, as nearly as practicable, in the words of the Act,and if a civil offence, in such words as would sufficientlydescribe that offence.

(5)(a) The particulars shall state the time and placeof the alleged offence and the person (if any) against whom,or the thing (if any) in respect of which, it was committedand these should be sufficient to give the accused notice ofthe matter with which he is charged.

(b) In case such particulars are not sufficient togive the accused notice of the matter with which he ischarged, the charges shall also contain such particulars ofthe manner in which the offence was committed as will besufficient for that purpose.

55. Joint charges.- (1) Any number of accused may becharged jointly and tried together for an offence averred tohave been committed jointly by them.

(2) Any number of accused though not chargedjointly may also be tried together for an offence averred tohave been committed by one or more of them and abetted byother or others.

(3) Where the accused are so charged under sub-rule (1) or sub-rule (2), any one or more of them may becharged with, and tried for, any other offence with whichthey could have been charged under sub-rule (1) of rule 53.

56. Validity of charge sheet.- A charge sheet shall notbe invalid merely by reason of the fact that it contains anymistake in the name or description of the accused, and in theconstruction of a charge sheet there shall be presumed infavour of supporting it every proposition which mayreasonably be presumed to be impliedly included, thoughnot expressed there in, and the statement of the offence andthe particulars of the offence shall be read and construedtogether.

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57. Amendment of the charge by the Security ForceCourt.- (1) At any time during a trial, if it appears to thecourt that there is in the charge sheet;

(a) a mistake in the name or description of theaccused; or

(b) a mistake which is attributable to a clericalerror or omission, the Court may amend thecharge-sheet so as to correct the mistake.

(2) If at any time during a trial, at which there isa Law Officer, it appears to the Court, before it closes todeliberate on its findings, that it is desirable in the interestsof justice to make any addition to, omission from or alterationin, a charge which cannot be made under sub-rule (1) of thisrule it may, if such addition, omission, or alteration can bemade without unfairness to the accused, and with theconcurrence of the Law Officer, so amend the charge.

(3) If at any time during a trial, at which there isno Law Officer, it appears to the Court, before it closes todeliberate on its findings, that in the interests of justice it isdesirable to make any addition to omission from or alterationin a charge which cannot be made under sub-rule (1) of thisrule, it may adjourn and report its opinion to the conveningofficer, who may :-

(a) amend the charge if permissible under Rule58 and direct the Court to try it as amendedafter due notice of the amendment has beengiven to the accused; or

(b) direct the Court to proceed with the trial ofthe charge without amending it; or

(c) convene a fresh Court to try the accused.

58. Amendment of charge by Convening Officer.-When a Security Force Court reports to the convening officerunder either Rule 57 or Rule 73 he may amend the charge in

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respect of which the Court has reported to him by makingany addition to, omission from or alteration in the chargewhich, in his opinion, is desirable in the interests of justiceand which he is satisfied can be made without unfairness tothe accused.

1[CONVENING OF GENERAL AND PETTYSECURITY FORCE COURTS

59. Action by a Superior Authority on receiving anapplication for convening a court.- (1) As soon as a superiorofficer receives an application for convening a court, he shallscrutinise the charge and the evidence against the accused,where necessary in consultation with the Chief Law Officeror a Law Officer and he:

(i) shall direct the Commandant to dismiss thecharge where the evidence against the ac-cused is insufficient and further evidence isnot likely to be available and may direct himto do so if he considers it inadvisable to pro-ceed with the trial; or

(ii) may return the case to Commandant for be-ing tried by a Summary Security Force Courtor being dealt with summarily if he consid-ers that the same can be adequately so triedor dealt with; or

(iii) may return the case for recording further evi-dence, if he considers the evidence recordedinsufficient but considers that further evi-dence may be available.

(2)(a) In any other case he may either himselfconvene a Court or if he considers that a higher type of Courtshould be convened and he is not empowered to convenesuch a Court, forward the case to a higher authority withrecommendation that such Court may be convened.1. Subs. by S.O. 329 (E), dated 29.4.1981.

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(b) The higher authority on receiving the case mayexercise any of the powers given in sub-rule (1) of this rule:

Provided that a superior officer or higher authoritybefore convening a General Security Force Court or a PettySecurity Force Court 1[***] shall take the advice of the ChiefLaw Officer or a Law officer.

Provided further that the superior authority or higherauthority while convening a Court may reframe the chargesheet on which the accused is to be tried.

60. 2[Disqualification of officers for serving onGeneral and Petty Security Courts.]- An officer shall bedisqualified from serving on a Court if he:-

(i) is an officer who convened the Court; or(ii) is the prosecutor or a witness for the pros-

ecution; or(iii) has taken any part in the investigation of the

case, which would have necessitated his ap-plying his mind to any part of the evidence,or to the facts of the case; or

(iv) is the Commandant of the accused; or(v) has a personal interest in the case.

61. 2[Composition of General and Petty SecurityForce Courts.- (1) A court shall consist, as far as practicable,of officers of different battalions 3[or units].

(2) The members of a court for the trial of anofficer shall be of a rank not lower than the rank of that officer,unless in the opinion of the convening officer, officers ofsuch rank are not, having due regard to the exigencies ofpublic service, available. Such opinion shall be recorded inthe convening order.

(3) A court for the trial of a Commandant shallas far as possible, consist of officers who are or have beencommandants or who hold, or have held, a higherappointment.1. Omitted by S.O. 329 (E) dated 29-04-1981.2. Sub by ibid.3. Ins. by S.O. 436 (E) dated 29-05-1990.

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62. Duties of convening officers when conveningcourts.- When an officer convenes a Court he shall;

(a) issue a convening order in the appropriateform set out in Appendix VII;

(b) direct upon what charges the accused is to betried and ensure that the accused has beenremanded for trial by a Court upon thesecharges, by his Commandant;

(c) if he is of the opinion that charges shall beput in separate charge sheets, so direct andshall also direct the order in which they areto be tried;

(d) direct, if there is more than one accusedwhether the accused are to be tried jointly orseparately;

(e) appoint members of the Court and any wait-ing members;

(f) if convening:-

(i) a General Security Force Court; or

(ii) a Petty Security Force Court which heconsiders should be attended by a lawofficer, take the necessary steps toprocure the appointment of Law Officerby or on behalf of the Chief Law Officer;

(g) appoint an officer, subject to the Act or acounsel assisted by such an officer toprosecute or detail a Commandant to appointan officer subject to the Act, to prosecute:

Provided that the convening officer may appoint morethan one such officer to prosecute if he thinks fit;

(h) appoint an interpreter wherever necessary;

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(i) send to the senior member the charge sheet,the convening order and a copy of the recordor abstract of evidence from which anyevidence which in his opinion would beinadmissible at the trial has been expurgated;

(j) forward to each member of the Court and toeach waiting member a copy of the chargesheet;

(k) forward to the prosecutor copies of the chargesheet and convening order and the originalrecord or abstract of evidence together withan unexpurgated copy there of showing thepassages (if any) which have been expurgatedin the copy sent to the senior member;

(l) forward to the Law Officer (if any) copies ofthe charge sheet and convening order and anunexpurgated copy of the record or abstractof evidence showing the passages (if any)which have been expurgated in the copy sentto the senior member;

(m) ensure that the Commandant has summonedall the prosecution witnesses and suchdefence witnesses as the accused may haverequested to be summoned under rule 64.

63. Preparation of defence by the accused.- (1) Anaccused, who has been remanded for trial, shall be affordedproper opportunity for preparing his defence and shall beallowed proper communication with his defending officeror counsel and with his witnesses.

(2) A defending officer shall be appointed todefend an accused who has been remanded for trial unlessthe accused states in writing that he does not wish such anappointment to be made.

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(3) if the prosecution is to be undertaken by alegally qualified officer or by a counsel the accused shall benotified of this fact in sufficient time to enable him, if he sodesires to make arrangement for a legally qualified officeror counsel to defend him.

(4) As soon as practicable after a decision hasbeen taken to place the accused on trial and in any case notless than four days before his trial he shall be given:

(a) a copy of the charge-sheet;

(b) an unexpurgated copy of the record or abstractof evidence showing the passages (if any),which have been expurgated in the copy sentto the senior member;

(c) notice of any additional evidence which theprosecution intends to adduce; and

(d) if the accused so requires, a list of the ranksnames and units of the members who are toform the Court and of any waiting members.

(5) when an accused is given a copy of thecharge-sheet and of the record or abstract of evidence in ac-cordance with this rule, he shall:

(a) have the charge explained to him; and

(b) be informed that, upon his making a writtenrequest to his Commandant not less thantwenty four hours before his trial requiringthe attendance at his trial of a witness (otherthan a witness for the prosecution) whom hedesires to call in his defence (such witnessto be named by him), reasonable steps willbe taken in accordance with these rules toprocure the attendance of any such witnessat his trial.

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(6) The provisions of sub-rules (2) and (3) shallnot apply in relation to a trial before a Summary SecurityForce Court and in relation to such a trial the period of fourdays referred to in sub-rule (4) shall be construed as twentyfour hours.

SUMMONING OF DEFENCE WITNESSES

64. (1) Subject to the provisions of sub-rules (2) and(3) the Commandant shall, on a request made in this behalfby the accused, summon such witnesses as are specified bythe accused.

(2) Where the Commandant is satisfied that theevidence to be given by any witness is not likely to be ofmaterial assistance at the trial he may refuse to summon suchwitness.

(3) The Commandant may before summoningany witness, require the accused to defray or undertake todefray the cost of attendance of such witness and if theaccused refuses to defray or undertake to defray the costaforesaid, the Commandant may refuse to procure theattendance of that witness.

(4) Where the Commandant has refused tosummon the witness under sub-rule (2) or sub-rule (3), theaccused may make an application to the Court for thesummoning of such witness and the Court may, if it considersit to be expendient in the interests of justice, order thesummoning of such witness and, if necessary, adjourn theproceeding for the attendance of such witness.

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CHAPTER-IX

PROCEDURE FOR SECURITY FORCECOURTS

65. Assembly and Swearing of Court : (1) Upon aSecurity Force Court assembling the Court shall, beforebeginning the trial, satisfy itself in closed court:-

(a) that the Court has been convened inaccordance with the Act and these rules;

(b) that the Court consists of not less than theminimum number of officers required by law;

(c) that the members are of the required rank;(d) that members have been duly appointed and

are not disqualified under the Act;(e) that if there is Law Officer he has been duly

appointed;(f) that the accused appears from the charge

sheet, to be subject to the Act and to be subjectto the jurisdiction of the Court; and

(g) that each charge is correct in law and framedin accordance with these rules;

(2)(a) Where a vacancy occurs through a memberof the court being disqualified under the Actor being absent when the Court assembles,the presiding officer may appoint a dulyqualified waiting member to fill that vacancy.

(b) The Presiding Officer may if the interests ofjustice so require, substitute a duly qualifiedwaiting member for a member appointed bythe convening officer.

(3) If the Court is not satisfied on any of thematters mentioned in sub-rule (1) and is not competent torectify such matters itself under the Act or these rules, itshall before commencing the trial, report thereon to theconvening officer.

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(4) When the Court has complied with this rule and isready to proceed with the trial, the presiding officer shallopen the Court and the trial shall begin.

66. Commencement of Trial : (1) The order conveningthe Court and the names of the officers appointed to try theaccused shall be read in the hearing of the accused who shallbe given an opportunity to object to any of those officers inaccordance with section 84 of the Act.

(2) When a Court is to try more than one accused whetherseparately or jointly, each accused shall be given anopportunity to object to any officer on the Court in accordancewith the foregoing sub-rule and shall be asked separatelywhether he has any such objection.

(3) An accused shall state the names of all the officersto whom he objects before any objection is disposed of.

(4) If more than one officer is objected to; the objectionto each officer shall be disposed of separately and theobjection to the lowest in rank shall be disposed of first.

(5) An accused may make a statement and call any personto make a statement in support of his objection.

(6) An officer to whom the accused has objected maystate in open Court anything relevant to the objection of theaccused whether in support or in rebuttal thereof.

(7) An objection to an officer shall be considered inclosed Court by all the other officers on the Court and theofficer objected to shall not be present at that time.

(8) When an objection to an officer is allowed under sub-section(3) of section 84 that officer shall forthwith retire andtake no further part in the proceedings.

(9) When an officer objected to retire and there is dulyqualified waiting member in attendance, the presiding officershall immediately appoint him to take the place of the officerwho has retired.

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(10) The Court shall satisfy itself that a waiting memberwho takes that place of a member of the Court is of therequired rank and not disqualified under the Act and shallgive the accused an opportunity to object to him and shalldeal with any such objection in accordance with the Act andthese rules.

(11) If as the result of the allowance of an objection to amember there are insufficient officers available to form aCourt in compliance with the Act the Court shall report tothe convening officer without proceeding further with thetrial and convening officer may either appoint an officer as amember to fill the vacancy or convene a fresh Court to trythe accused.

67. Swearing or Affirming of Members: As soon asthe Court is constituted with the proper number ofofficers who are not objected to or objections in respectof whom have been overruled, an oath or affirmationshall be administered to every member in presence ofthe accused in one of the following forms or in such otherform to the same purport as the Court ascertains to beaccording to his religion or otherwise binding on hisconscience.

FORM OF OATH

“I, ................................... swear by Almighty God,that I will, well and truly, try the accused ( or accusedpersons), before the Court, according to the evidence andthat I will, duly administer justice, according to the BorderSecurity Force Act, 1968, without partiality, favour oraffection; and I do further swear that I will not, on anyaccount, at any time, whatsoever, disclose or discover, thevote or opinion of any particular member of the Court unlessrequired to give evidence there-of by a court of law”.

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FORM OF AFFIRMATION“I . . . . . . . . . . . . . . do solemnly, sincerely and truly,

declare and affirm, that I will well and truly, try the accused(or accused persons), before the court, according to theevidence, and that I will, duly administer justice accordingto the Border Security Force Act, 1968, without partiality,favour or affection; and I do further solemnly, sincerely andtruly declare and affirm that I will not, on any account at anytime whatsoever, disclose or discover, the vote or opinion ofany particular member of this Court unless required to giveevidence there-of by a Court of Law”.

68. Swearing or Affirmation of Law Officer and otherofficers: After the members of the Court are all sworn orhave made affirmation, an oath or affirmation shall beadministered to the following persons or such of them as arepresent at the Court in such of the following forms as shallbe appropriate, or in such other form to the same purport asthe Court ascertains to be according to the religion orotherwise binding on the conscience of the person to be swornor affirmed.

(A) LAW OFFICER

FORM OF OATH

“I, . . . . . . . . . . . . swear by Almighty God that I will,to the best of my ability, carry out the duties of Law Officer,in accordance with the Border Security Force Act, 1968and the rules made there-under without partiality, favour oraffection, and I do further swear that I will not, on any accountat any time whatsoever, disclose or discover the vote oropinion on any matter of any particular member of this Court,unless required to give evidence thereof by a court of law”.

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FORM OF AFFIRMATION

“I . . . . . . . . do hereby, solemnly, sincerely and trulydeclare and affirm that I will, to the best of my ability, carryout the duties of Law Officer in accordance with the BorderSecurity Force Act, 1968 and the rules made thereunderwithout partiality, favour or affection, and I do furthersolemnly, sincerely and truly declare and affirm, that I willnot, on any account, at any time, whatsoever, disclose ordiscover the vote or opinion, on any matter of any particularmember of this Court, unless required to give evidence there-of by a court of law”.

(B) OFFICER ATTENDING FOR THE PURPOSE OFINSTRUCTION:

FORM OF OATH

“I, . . . . . . . . . . . . . swear by Almighty God that I willnot on any account; at any time whatsoever disclose or discoverthe vote or opinion of any particular member of this Courtunless required to give evidence thereof by a court of law”.

FORM OF AFFIRMATION

“I, . .. . .. . . . . . . do solemnly, sincerely and truly,declare and affirm that I will not on any account, at any timewhatsoever, disclose or discover the vote or opinion of anyparticular, member of this Court unless required to giveevidence thereof by a court of law”.

(C) SHORTHAND WRITER:

FORM OF OATH

“I, . . . . . . . . . swear by Almighty God that I willtruly take down to the best of my power, the evidence to begiven before this Court and such other matters as I may berequired to take down and will, when required, deliver to theCourt a true transcript of the same”.

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FORM OF AFFIRMATION“I, . . . . . . . . . . do solemnly, sincerely and truly, declare

and affirm that I will truly take down to the best of my power theevidence to be given before this Court and such other matters asI may be required to take down and will, when required, deliverto the court a true transcript of the same”.

(D) INTERPRETER:

FORM OF OATH

“I, . . . . . . . . . swear by Almighty God that I willfaithfully, interpret and translate, as I shall be required to do,touching the matter before this Court”.

FORM OF AFFIRMATION

“I, . . . . . . . . . . do solemnly, sincerely and trulydeclare and affirm that I will faithfully interpret and translate,as I shall be required to do, touching the matter before thisCourt”.

69. Objection to Interpreter or Shorthand Writer.-A person shall not be sworn or affirmed as an interpreter orshorthand writer, if he is objected to by the accused unlessthe court after hearing the accused and the prosecutor,disallows such objection as being unreasonable.

70. Objection to Law Officer and Prosecutor.- Theaccused shall not be permitted to object to the Law Officeror the prosecutor.

71. Arraignment.- (1) When the Court and the LawOfficer (if any) have been sworn, the charge shall be read tothe accused and shall be asked whether he pleads guilty ornot guilty to the charge or charges.

(2) If there is more than one charge against the accused he

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shall be required to plead separately to each charge.

(3) If there is more than one charge-sheet, against theaccused, before the Court, the Court shall proceed with thecharges in the first of such charge-sheets and shall announceits finding thereon and if the accused has pleaded guiltycomply with rule 78 before it arraigns him upon the chargesin any subsequent charge-sheet.

72. Plea to Jurisdiction.- (1) The accused, beforepleading to the charge, may offer a plea regarding thejurisdiction of the Court; and in such a case-

(a) the accused may adduce evidence in supportof the plea and the prosecutor may adduceevidence in answer thereto ; and

(b) The prosecutor may address the Court in an-swer to the plea and the accused may replyto the prosecutor’s address.

(2) If the Court allows the plea it shall adjournand report to the convening officer.

(3) When the Court reports to the conveningofficer under this rule, the convening officer shall :-

(a) if he approves the decision of the Court toallow the plea, dissolve the Court;

(b) if he disapproves the decision of the court;either:

(i) refer the matter back to the Court anddirect them to proceed with the trial ;

or(ii) convene a fresh Court to try theaccused.

73. Objection to the charge.- (1) An accused before

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pleading to a charge may object to it on the grounds that it is notcorrect in law or is not framed in accordance with these rulesand if he does so, the prosecutor may address the Court inanswer to the objection and the accused may reply to theprosecutor’s address.

(2) If the Court upholds the objection, it shall eitheramend the charge if permissible under rule 57 or adjournand report to the convening officer:

Provided that if there is another charge or anothercharge sheet before the Court the Court may, beforeadjourning under this rule, proceed with the trial of suchother charge or other charge-sheet.

(3) When the Court reports to the convening officer underthis rule, the convening officer shall:-

(a) if he approves the decision of the Court toallow the objection:-

(i) dissolve the Court; or

(ii) where there is another charge oranother charge sheet before the Court to whichthe objection does not relate and which theCourt has not tried direct the Court to proceedwith the trial of such other charge or charge-sheet only; or

(iii) amend the charge to which theobjection relates if permissible under rule 58and direct the Court to try it as amended;

(b) If he disapproves the decision of the Court toallow the objection:-

(i) direct the Court to try the charge, or

(ii) where there is another charge oranother charge-sheet before the Court towhich the objection does not relate and which

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the Court has not tried, direct the Court toproceed with the trial, of such other charge orcharge sheet only, or

(iii) convene a fresh Court to try the accused.

74. Plea in bar of trial.- (1) An accused before pleadingto a charge may offer a plea that the trial is barred undersection 75 or section 76. If he does so:-

(a) the accused may adduce evidence in supportof the plea and the prosecutor may adduceevidence in answer there-to, and

(b) the prosecutor may address the Court in an-swer to the plea and the accused may replyto the prosecutor’s address.

(2) If the Court allows the plea it shall adjournand report to the convening officer :

Provided that if there is another charge or anothercharge-sheet before the Court, the Court may, beforeadjourning under this rule, proceed with the trial of suchother charge or other charge-sheet.

(3) When a Court reports to the convening officerunder this rule, the convening officer shall:-

(a) if he approves the decision of the Court toallow the plea,

(i) dissolve the Court; or

(ii) where there is another charge oranother charge-sheet before the Courtto which the plea does not (relate andwhich the Court has) not tried, directthe Court to proceed with the trial ofsuch other charge or charge-sheetonly,

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(b) if he disapproves the decision of the Court toallow the plea:-

(i) direct the Court to try the charge; or

(ii) where there is another charge oranother charge-sheet before the Courtto which the plea does not relate andwhich the Court has not tried, directthe Court to proceed with the trial ofsuch other charge or charge-sheetonly; or

(iii) convene a fresh Court to try theaccused.

75. Application for separate trial.- (1) Where two ormore accused are charged jointly, any one of the accusedmay, before pleading to the charge, apply to the Court to betried separately on the ground that he would be prejudicedin his defence if he were not tried separately.

(2) Where the accused makes such anapplication, the prosecutor may address the Court in answerthereto and the accused may reply to the prosecutor’s address.

(3) Where the Court is of the opinion that theinterest of justice so require it shall allow the applicationand try separately the accused who made it.

76. Application for trial on separate charge-sheet.-(1) Where a charge-sheet contains more than one charge, theaccused may, before pleading to the charges, apply to thecourt to be tried separately on any charge in that charge-sheet on the ground that he would be prejudiced in his defenceif he were not tried separately on that charge.

(2) Where the accused makes such anapplication, the prosecutor may address the Court in theanswer thereto and the accused may reply to the prosecutor’saddress.

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(3) Where the Court is of the opinion that interestsof justice so require it shall allow the application and try theaccused separately on the charge to which it relates as if thatcharge had been inserted in a separate charge-sheet.

77. Pleading to the charge.- (1) After any plea underrules 72 and 74 and any objection under rule 73 and anyapplications under rules 75 and 76 have been dealt with, theaccused shall be required subject to sub-rule. (2) to pleadeither guilty or not guilty to each charge on which he isarraigned.

(2) Where a Court is empowered by section 93 to findan accused guilty of an offence other than that charged orguilty of committing the offence in circumstances involvinga less degree of punishment or where it could after hearingthe evidence, make a special finding of guilty subject toexceptions or variations in accordance with rule 99 theaccused may plead guilty to such other offence or to theoffence charged as having been committed in circumstancesinvolving a less degree of punishment or to the offencecharged subject to such exceptions or variations.

78. Acceptance of Plea of guilty.- (1) Where an accusedpleads guilty to a charge under either sub-rule (1) or sub-rule (2) of rule 77, the presiding officer or Law Officer shall,before the Court decides to accept the plea, explain to theaccused the nature of the charge and the general effect of hisplea and in particular the difference in procedure when anaccused pleads guilty and when an accused pleads not guilty.

(2) A Court shall not accept a plea of guilty under eithersub-rule (1) or sub-rule (2) of rule 77, if:-

(a) the court is not satisfied that the accusedunderstands the nature of the charge or theeffect of his plea; or

(b) the presiding officer having regard to all thecircumstances, considers that the accusedshould plead not guilty; or

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(c) the accused is liable, if convicted, to be sentencedto death;

(3)(a) In the case of a plea of guilty under rule 79, aCourt shall not accept the plea unless theconvening officer concurs and it is satisfiedof the justice of such course.

(b) The concurrence of the convening officer maybe signified by the prosecutor.

(4) When a plea of guilty under either sub-rule(1) or sub-rule (2) of rule 77 is not accepted by the Court orthe accused either refuses to plead to the charge or does notplead to it intelligibly, the Court shall record a plea of notguilty.

(5) When a Court is satisfied that it can properlyaccept a plea of guilty under either sub-rule (1) or sub-rule(2) of rule 77, it shall record a finding of guilty in respectthereof.

79. Plea on alternative charge.- (1) When an accusedpleads guilty to the first of two or more alternative charges,the Court, if it accepts the plea of guilty, shall record a findingof guilty in respect of the first charge and the prosecutorshall withdraw any alternative charge before the accused isarraigned on it.

(2) When an accused pleads guilty to one of twoor more charges which are laid in the alternative other thanthe first of such charges, the Court may:-

(a) proceed as if the accused had pleaded notguilty to all the charges; or

(b) (i) With concurrence of the conveningofficer (which may be signified by the prosecutor)record a finding of guilty on the charge to whichthe accused has pleaded guilty and a finding ofnot guilty on any alternative charge which isplaced before it in the charge-sheet.

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(ii) Where the Court records such finding theprosecutor shall before the accused isarraigned on it withdraw any charge which isalternative to the charge of which the Courthas found the accused guilty and which isplaced after it in the charge-sheet.

80. Order of trial where plea of guilty and not guilty.-(1) After the Court has recorded a finding of guilty, ifthere is no other charge in the same charge-sheet to whichthe accused has pleaded not guilty and no other accused whohas pleaded not guilty to a charge in that charge-sheet, itshall proceed with the trial as directed by rule 81.

(2) Where there is another charge in the charge-sheet towhich the accused has pleaded not guilty (or there is anotheraccused who has pleaded not guilty) to a charge in that chargesheet, the Court shall not comply with rule 81 until after it hasdealt with such other charge or tried such other accused and hasannounced and recorded its finding in respect thereof.

81. Procedure on plea of guilty.- (1) When the Courthas recorded a finding of guilty in respect of charge to whichan accused had pleaded guilty the prosecutor shall read therecord or abstract of evidence to the Court or inform theCourt of the facts contained therein:

Provided that if an expurgated copy of the record orabstract of evidence was sent to the presiding officer, theprosecutor shall not read to the Court those parts of the recordor abstract of evidence which have been expurgated or informthe Court of the facts contained in those parts, and shall nothand the original record or abstract of evidence to the Courtuntil the trial is concluded.

(2) 1 (* * *).

(3) After 2 (sub-rule (1) has been complied with,the accused may:-

1. Omitted by S.O. 436(E), dated 29.5.1990.2. Subs by ibid.

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(a) adduce evidence of character and in mitigationof punishment;

(b) address the Court in mitigation ofpunishment;

(4) After sub-rule (3) has complied with, the courtshall proceed as directed in rule 101.

82. Change of plea.- (1) An accused who has pleadednot guilty may at any time before the Court closes todeliberate on its finding withdraw his plea of not guiltyand substitute a plea of guilty (including a plea of guiltyunder rule 79) and in such a case the Court shall, if it issatisfied that it can accept the accused’s changed plea underthese rules, record a finding in accordance with theaccused’s changed plea and so for as is necessary proceedas directed by rule 81.

(2) Where at any time during the trial it appearsto the court that an accused who has pleaded guilty does notunderstand the effect of his plea or the nature of the chargethe Court shall enter a plea of not guilty and proceed withthe trial accordingly.

(3) When the Court records a plea of not guiltyin respect of any charge under sub-rule (2) it shall, if therewas a charge laid in the alternative thereto to which theprosecutor withdrew under rule 79, reinstate such alternativecharge, arraign the accused thereon and proceed with thetrial as if it had never been withdrawn.

83. Procedure on pleas of not guilty.- After a plea ofnot guilty to any charge has been recorded:-

(i) the Court shall ask the accused whether hewishes to apply for an adjournment on theground that any of these rules relating toprocedure before trial have not been compliedwith and that he has been prejudiced thereby

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or on the ground that he has not had sufficientopportunity for preparing his defence;

(ii) where the accused applies for anadjournment;

(a) the accused may adduce evidence in supportof his application and the prosecutor mayadduce evidence in answer thereto; and

(b) the prosecutor may address the Court inanswer to the application and the accusedmay reply to the prosecutor’s address.

(iii) the Court may grant an adjournment if itthinks the interests of justice so require.

84. Opening Address.- (1) The prosecutor may, if he sodesires, and shall, if required by the Court, make an openingaddress explaining the charge and the nature and generaleffect of the evidence which he proposes to adduce.

(2) The witnesses for the prosecution shall then be calledand give their evidence.

85. Additional Witness.- Where the prosecutor intendsto adduce evidence which is not contained in any record orabstract of evidence given to the accused notice of suchintention together with the particulars of the evidence shall,when practicable, be given to the accused a reasonable timebefore the evidence is adduced. If such evidence is adducedwithout such notice or particulars having been given, theCourt may, if the accused so desires either adjourn afterreceiving the evidence or allow any cross-examination arisingout of that evidence to be postponed, and the Court shallinform the accused of his right to apply for such anadjournment or postponement.

86. Dropping Witnesses.- The prosecutor shall not bebound to call all the witnesses against the accused whoseevidence is contained in the record or abstract of evidence,nor a witness when he has notified the accused that he intends

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to call under rule 85, but if the prosecutor does not intend to callsuch witness to give evidence, he shall either tender him for cross-examination by the accused, or give the accused reasonable noticethat he does not intend to call the witness and that the accusedwill be allowed to communicate with him and to call him as awitness for the defence, if he so desires and if the witness isavailable.

87. Withdrawal of Witnesses.- During a trial a witnessother than the prosecutor or accused shall not, except by leaveof the Court, be in court while not under examination, and ifwhile he is under examination a discussion arises as to whethera question is to be allowed or not with regard to his evidencethe Court may direct the witness to withdraw during suchdiscussion.

88. Examination of Witnesses.- (1) A witness may beexamined by the person calling him and may be cross examinedby the opposite party to the proceedings and on the conclusionof any such cross-examination may be re-examined by the personwho called him on matters arising out of the cross-examination.

(2)(a) The person examining a witness shall put hisquestions to the witness orally and unless anobjection is made by the witness, the Court, theLaw Officer, the prosecutor or by the accused,the witness shall reply forthwith.

(b) Where such an objection is made, the witnessshall not reply until the objection has beendisposed of.

(3) The Court may allow the cross-examination or re-examination of a witness to be postponed.

(4) Before the examination of a witness, he shall beadministered an oath or affirmation in the following form or insuch other form to the same purport as the court ascertains to bein accordance with his religion or otherwise binding on hisconscience.

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FORM OF OATH“I, . . . . . . . . . . . . . swear by Almighty God that whatever

I shall state, shall be the truth, the whole truth and nothing but thetruth”.

FORM OF AFFIRMATION

“I, . . . . . . . . do solemnly, truly and sincerely declareand affirm that whatever I shall state, shall be the truth thewhole truth and nothing but the truth.”

89. Questioning by the Court.-

(1) The presiding officer, the Law Officer andany member of the Court may put questions to a witness.

(2) Upon any such question being answered, theprosecutor and the accused may put to the witness suchquestions arising from the answer which he has given asseem proper to the Court.

90. Reading over of evidence

(1)(a) The record which has been made of theevidence given by a witness shall be readback to him before he leaves the Court andwhen this is done he may ask for the recordto be corrected or explain the evidence whichhe has given.

(b) Where any such correction is made orexplanation given, the prosecutor and theaccused may put such questions to the witnessrespecting the correction or explanation asseem proper to the Court.

(2) When a short hand writer is employed it shallnot be necessary to comply with sub-rule (1), if in the opinionof the Court and the Law Officer (if any) it is unnecessary todo so.

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Provided that if any witness so demands, sub-rule (1)shall be complied with.

91. Calling or recalling witnesses by the Court.- (1)(a)The Court may at any time before it closes to deliberate onits finding or if there is a Law Officer before he begins tosum up, call a witness or recall a witness, if in the opinionof the Court it is in the interest of justice to do so.

(b) Where the Court calls a witness or recalls a witnessunder this rule, the prosecutor and the accused may put suchquestions to the witness as seem proper to the Court.

(2) The prosecutor and the accused may, at any timebefore the Court closes to deliberate on its finding or if thereis a Law Officer before he begins to sum up, recall a witnessby leave of the Court and the prosecutor and the accusedmay put such questions to the witness as seem proper to theCourt (R-95).

92. Submission of no case to answer and stopping ofcases.-

(1)(a) At the close of the case for the prosecutionthe accused may submit to the Court inrespect of any charge that the prosecution hasfailed to establish a prima-facie case for himto answer and that he should not be calledupon to make his defence to that charge.

(b) Where the accused makes such submissionthe prosecutor may address the Court inanswer thereto and the accused may reply tothe prosecutor’s address.

(2) The Court shall not allow the submission unlessit is satisfied that:-

(a) the prosecution has not established a prima facie caseon the charge as laid; and

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(b) it is not open to it on the evidence to make aspecial finding under either section 93 or sub-rule (4) of Rule 99.

(3) (a) Where the Court allows the submission, it,shall find the accused not guilty of the chargeto which it relates and subject to confirmationthe finding shall forthwith be announced inopen Court.

(b) Where the Court disallows the submission itshall proceed with the trial of the offence ascharged.

(4) The Court may, of its own motion, after theclose of the hearing of the case for the prosecution, and afterhearing the prosecutor find the accused not guilty of thecharge and subject to confirmation the finding shall forthwithbe announced in open Court.

93. Case for the defence.- (1) After the close of the casefor the prosecution, the presiding officer or the Law Officer(if any) shall explain to the accused that:-

(a) if he wishes, he may give evidence on oathas a witness or make a statement withoutbeing sworn but that he is not obliged to doeither.

(b) if he gives evidence on oath, he shall be liableto be cross examined by the prosecutor andto be questioned by the Court.

(2) For the purpose of enabling the accused toexplain any circumstances appearing in the evidence againsthim, the Court may, at any stage of the trial, withoutpreviously warning the accused, put such questions to himas the Court considers necessary, and shall for the purposeaforesaid, question him generally on the case after thewitnesses for the prosecution have been examined and beforehe is called on for his defence.

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(3) The accused shall not render himself liable topunishments by refusing to answer such questions, or by givingfalse answers to them but the Court may draw such inferencefrom such refusal or answers as it thinks just.

(4) The answers given by the accused may betaken into consideration in such trial and put, in evidencefor or against him in any other inquiry into, or trial for, anyother offence which such answers may tend to show he hascommitted.

(5) If the accused intends to call a witness to thefacts of the case other than himself, he may make an openingaddress outlining the case for the defence before the evidencefor the defence is given.

94. Witnesses for defence.- (1) After rule 93 has beencomplied with the witnesses for the defence (if any) shall becalled to give their evidence.

(2) The provisions of rules 88, 89 and 90 shallapply to the witnesses for the defence as they apply to theevidence of witnesses for the prosecution.

95. Witnesses in reply.- After the witnesses for thedefence have given their evidence the prosecutor may be byleave of the Court call a witness or recall a witness to giveevidence on any matter raised by the accused in his defencewhich the prosecution could not properly have mentioned tothe Court before the accused disclosed his defence or whichthe prosecution could not reasonably have foreseen. (R-91)

96. Closing addresses.- (1) After all the evidence hasbeen given, the prosecutor and the accused may each makea closing address to the Court.

(2) The accused shall be entitled to make hisclosing address after the closing address by the prosecutorunless the accused has called a witness to facts other thanhimself, in which case the prosecutor shall be entitled, subject

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to sub-rules (3) and (4) to make his closing address after theaccused has made the closing address.

(3) Where two or more accused are tried jointlyany one of them who has called no such witness shall beentitled to make his closing address after the prosecutor hasmade the closing address.

(4)(a) Where two or more accused are representedby same defending officer or counsel he maymake one closing address only.

(b) Where any one of the accused for whom heappears has called no witness to facts otherthan himself such defending officer or counselshall be entitled to make his closing addressafter the prosecutor has made the closingaddress.

97. Summing up by Law Officer.- After the closingaddress, if there is a Law Officer he shall sum up the evidenceand advise the Court on the law relating to the case in opencourt.

98. Deliberation on finding.- (1) The Court shalldeliberate on its finding in closed Court in the presence ofLaw Officer.

(2) The opinion of each member of the Court asto the finding shall be given by word of mouth on each chargeseparately starting with the junior most in rank.

99. Record and announcement of Finding.- 1(1) Thefinding on every charge upon which the accused is arraignedshall be recorded and, except as provided in these rules, shallbe recorded as finding of ‘Guilty’ or of ‘Not Guilty’. Afterrecording the finding on each charge, the Court shall givebrief reasons in support thereof. The Law Officer or, if thereis none, the Presiding Officer shall record or cause to berecorded such brief reasons in the proceedings. The above1. Subs- S.O. 2032 dated 09.07.2003

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record shall be signed and dated by the Presiding Officer and theLaw Officer, if any.

(2) Where the Court is of opinion as regards anycharge that the facts proved do not disclose the offence chargeor any offence of which he might under the Act legally befound guilty on the charge as laid, the Court shall acquit theaccused of that charge.

(3) If the Court has doubts as regards any chargewhether the facts proved show the accused to be guilty onthe charge as laid, it may, before recording a finding on thatcharge, refer to the confirming authority for an opinion,setting out the facts which it finds to be proved and may ifnecessary adjourn for that purpose.

(4) Where the Court is of opinion as regards anycharge that the facts which it finds to be proved in evidencediffer materially from the facts alleged in the statement ofparticulars in the charge but are nevertheless sufficient toprove the offence stated in the charge, and that the differenceis not so material as to have prejudiced the accused in hisdefence, it may, instead of a finding of ‘Not Guilty’ record aspecial finding.

(5) The special finding may find the accusedguilty on a charge subject to the statement of exceptions orvariations specified therein.

(6) Where there are alternative charges, and thefacts proved appear to the Court not to constitute the offencementioned in any of those alternative charges, the Court shallrecord a finding of “Not Guilty” on that charge.

(7) The Court shall not find the accused guiltyon more than one of two or more charges laid in thealternative, even if conviction upon one charge necessarilyconnotes guilty upon the alternative charge or charges.

(8) If the Court thinks that the facts provedconstitute one of the offences stated in two or more of thealternative charges, but doubts which of those offences the

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facts do at law constitute, it may, before recording a finding onthose charges, refer to the confirming authority for an opinion,setting out the facts which it finds to be proved and stating that itdoubts whether those facts constitute in law the offence stated insuch one or other of the charges and may, if necessary, adjournfor that purpose.

(9) The finding on each charge shall beannounced forthwith in open Court as subject toconfirmation.

100. Procedure on Acquittal.- If the finding on all thecharges is ‘Not Guilty’ the presiding officer shall affix hissignature and date on the finding and such signature shallauthenticate the whole of the proceedings, and theproceedings upon being signed by the Law Officer (if any)shall be at once transmitted for confirmation.

101. Procedure on Conviction.- (1) If the finding on anycharge is ‘guilty’, then, for the guidance of the Court indetermining its sentence, and of the confirming authority inconsidering the sentence, the Court, before deliberating onthe sentence, shall, whenever possible, take evidence of andrecord the general character, age, service, rank, anyrecognised acts of gallantry or distinguished conduct of theaccused, any previous convictions of the accused either bySecurity Force Court or a criminal court, any previouspunishments awarded to him by an officer exercisingauthority under section 53 or 55 as the case may be: the lengthof time he has been in arrest or in confinement on anyprevious sentence, and any decoration, or reward, of whichhe may be in possession or to which he is entitled.

(2) Evidence on the above matters may be givenby a witness verifying a statement which contains a summaryof entries in the service book respecting the accused andidentifying the accused as the person referred to in thatsummary.

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(3) The accused may cross-examine any suchwitness and may call witnesses to rebut such evidence and;if the accused so requests, the service books or a duly certifiedcopy of the material entries therein, shall be produced and ifthe accused alleges that the summary is in any respect not inaccordance with the service books or such certified copy, asthe case may be, the Court shall compare the summary withthose books or copy and if it finds that it is not in accordancetherewith, shall cause summary to be corrected or theobjection of the accused to be recorded.

(4) When all the evidence on the above matters has beengiven, the accused may address the Court thereon and inmitigation of punishment.

102. Sentence.- The Court shall award a single sentencein respect of all the offences of which the accused is foundguilty, and such sentence shall be deemed to be awarded inrespect of which it can be legally given and not to beawarded in respect of which it can not be legally given.

103. Recommendation for mercy.- (1) Where the Courtmakes a recommendation to mercy it shall give its reasonsfor its recommendation.

(2) The number of opinions by which therecommendation to mercy mentioned in this rule, or anyquestion relative thereto is adopted or rejected may be enteredin the proceedings.

104. Announcement of the sentence and Signing andTransmission of Proceedings.- (1) The sentence togetherwith any recommendation to mercy and the reasons for anysuch recommendation shall be announced forthwith in openCourt. The sentence will be announced as subject toconfirmation.

(2) Upon the Court awarding the sentence, thepresiding officer shall affix his signature and date the sentenceand such signatures shall authenticate the whole of theproceedings and the proceedings upon being signed by theLaw Officer (‘if any’) shall at once be transmitted forconfirmation.

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105. Revision.- (1) (a) Where the finding is sent back forrevision under section 113, the Court shall re-assemble inopen Court, the revision order shall be read and if the Court,is directed to take fresh evidence such evidence shall be takenin open Court.

(b) Where such fresh evidence is recordedotherwise than at the instance of the accused,the accused shall be given a furtheropportunity to lead evidence in respect ofmatters brought out in such fresh evidence.

(c) The prosecutor and the accused shall be givena further opportunity to address the Court inrespect of the fresh evidence led.

(d) The Law Officer may also give a furthersumming up.

(2) Where the revision of finding does notinvolve taking of fresh evidence, the accused shall be givenan opportunity to address the Court in respect of matter raisedin the revision order.

(3) (a) The Court shall then deliberate on its findingin closed Court and if the Court does notadhere to its former finding, it shall revokethe finding and sentence and record a newfinding and if such new finding involves asentence pass sentence afresh.

(b) Where the original finding was one of ‘NotGuilty’, the Court shall, before passingsentence comply with Rules 101 and 102.

(4) (a) Where the sentence alone is sent back forrevision, the revision order shall be read inopen Court and the accused given anopportunity to address the Court in regard tomatters referred to in the revision order.

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(b) The Court shall then reconsider its sentence inclosed Court and if it does not adhere to thesentence, revoke the sentence and pass sentenceafresh.

(5) Where the sentence alone is sent for revisionthe Court shall not revise the finding.

106. Confirmation and promulgation.- (1) When aconfirming authority receives the record of the proceedingsof a Court, it shall record its decision thereon and on anysentence and any order which the Court may have made underSection 105 on the record of the proceedings in theappropriate form set out in Appendix VIII and such recordof his decision shall form part of the record of theproceedings.

(2) When a Court has accepted a plea of guilty madeunder rule 79 the confirming authority may confirm itsfinding notwithstanding that the Court has accepted the pleawithout the concurrence of the convening officer if in theopinion of the confirming authority it is in the interests ofjustice to do so.

(3) (a) When a Court has rejected a plea to thejurisdiction of the Court or a plea in bar oftrial or has over-ruled an objection to a chargeit shall not be necessary for the confirmingauthority to approve specifically the decisionof the Court, but its approval shall be impliedfrom its confirming the finding on the chargeto which the plea or objection relates.

(b) Where it disapproves the decision of theCourt to reject the plea or to over-rule theobjection it shall withhold confirmation of thefinding on the charge to which the plea orobjection relates.

(4) A Confirming authority may state its reasons forwithholding confirmation in any case, but if it withholds

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confirmation where a Court has rejected a plea to the jurisdictionor plea in bar of trial or has over-ruled an objection to the chargesbecause it disapproves this decision of the Court, it shall whenrecording its decision under sub-rule (1) state that it has withheldconfirmation for this reason.

(5) Where the sentence of Court is improperlyexpressed the confirming authority may in confirming thesentence vary the form thereof so that it shall be properlyexpressed.

(6) Whenever it appear that there is sufficientevidence or a plea of guilty under either sub-rule (1) or sub-rule (2) of rule 77 to justify the finding of the Court suchfinding and any lawful sentence consequent thereon may beconfirmed and if confirmed shall be valid, notwithstandingany deviation from these rules if the accused has not beenprejudiced by such deviation.

(7) While confirming the finding the confirmingauthority may either unconditionally or subject to conditionswhich the accused accepts, reduce or remit a portion of thesentence or commute the punishment to one given lower inthe scale of punishments in section 48.

(8) (a) When a confirming authority has confirmed afinding and a sentence of a Court or has withheld confirmationthereof, it shall send the record of the proceeding to theCommandant of the accused for promulgation to the accusedof the finding and sentence or the fact that confirmation hasbeen withheld as the case may be.

(b) The fact of promulgation shall be recordedon the record of the proceedings in the form set out inAppendix IX.

(c) Where confirmation has been withheldbecause the confirming authority disapproves the Court’sdecision to reject a plea to the jurisdiction or a plea in bar oftrial or to over-rule an objection to the charge the accusedshall be so informed.

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CHAPTER X

PROCEDURE OF SECURITY FORCECOURTS AND INCIDENTAL MATTERS

107. Seating of members.- The members of a Courtshall take their seats according to their rank.

108. Responsibility of Presiding Officer.- (1) Thepresiding officer is responsible for the trial being conductedin proper order, and in accordance with the Act, rules madethere-under and in a manner befitting a court of justice.

(2) It is the duty of the presiding officer to seethat the accused has a fair trial, and that he does not sufferany disadvantage in consequence of his position as a personunder trial, or of his ignorance, or of his incapacity to examineor cross-examine witnesses, or otherwise.

109. Power of Court over address of prosecutor andaccused.- (1) It is the duty of the prosecutor to assist theCourt in the administration of justice, to behave impartially,to bring the whole of the transaction before the Court andnot to take any unfair advantage of or suppress any evidencein favour of the accused.

(2) The prosecutor may not refer to any matternot relevant to the charge or charges then before the Courtand it is the duty of the Court to stop him from so doing andalso to restrain any undue violence of language or want offairness or moderation on the part of the prosecutor.

(3) The Court shall give reasonable facilities tothe accused, in making his defence; the accused must abstainfrom any remarks contemptuous or disrespectful towards theCourt, and from coarse and insulting language towardsothers, but he may for the purpose of his defence impeachthe evidence and charge other persons with blame and evencriminality, subject, if he does so, to any liability which hemay thereby incur. The Court may caution the accused as to

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the irrelevance of his defence, but shall not, unless in specialcases stop his defence solely on ground of such irrelevance.

110. Sitting in closed Court.- (1) A Court shall where itis so directed by these rules, and may in any other case onany deliberation amongst the members, sit in closed Court.

(2) No person shall be present in closed Courtexcept the members of the Court, the Law Officer (if any)and any officers under instruction.

(3) For the purpose of giving effect to theforegoing provisions of this rule a Court may either retire orcause the place where it sits to be cleared of all other personsnot entitled to be present.

(4) Except as here-in-before mentioned allproceedings including the view of any place shall be in openCourt and in the presence of the accused subject to sub-rule(5).

(5) The Court shall have the power to excludefrom the Court any witness who has yet to give evidence orany other person, other than the accused, who interferes withits proceedings.

111. Continuity of trial and adjournment of Court. (1)When a Court is once assembled and the accused has beenarraigned the Court shall continue the trial from day to dayin accordance with these rules unless it appears to the Courtthat an adjournment is necessary for the ends of justice orthat such continuance is impracticable.

(2)(a) A Court may from time to time adjourn itsproceedings and meet at such place as maybe convenient or

(b) Wherever necessary, visit the scene ofoccurrence.

(3) The senior officer on the spot may also for

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exigencies of service adjourn or prolong theadjournment of the Court.

(4) A Court in the absence of a Law Officer (ifone has been appointed for the Court) shall not proceed andshall adjourn.

(5) If the time to which an adjournment is madeis not specified the adjournment shall be until furtherorders from the proper Force authority and if the place towhich an adjournment is made is not specified, theadjournment shall be to the same place or to such otherplace as may be specified in further orders from the properforce authority.

112. Suspension of Trial.- Where, in consequence ofanything arising while the Court is sitting, the Court is unableby reason of dissolutions as specified in section 71 orotherwise, to continue the trial the presiding officer or, inhis absence the senior member present, shall immediatelyreport the facts to the convening authority.

113. Proceeding on death or illness of accused.- In caseof the death of the accused or of such illness of the accusedas renders it impossible to continue the trial the Court shallascertain the fact of the death or illness by evidence andrecord the same and adjourn and transmit the proceedings tothe convening authority.

114. Death, retirement or absence of Presiding Officer. Inthe case of the death, retirement on challenge or unavoidableabsence of the presiding officer the next senior officer shall takethe place of the presiding officer and the trial shall proceed if theCourt is still composed of not less than the minimum number ofofficers of which it is required by law to consist.

115. Presence throughout of all members of Court.-(1) A member of a Court who has been absent while anypart of the evidence on the trial of an accused person is taken,shall take no further part in the trial by that Court of that

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person, but the Court will not be affected unless it is reducedbelow the legal minimum.

(2) An officer shall not be added to a Court afterthe accused has been arraigned.

116. Taking of opinion of members of Court.- (1) Everymember of a Court must give his opinion by word of mouthon every question which the Court has to decide, and mustgive his opinion as to the sentence notwithstanding that hehas given his opinion in favour of acquittal.

(2) The opinions of the members of the Court shall betaken in succession, beginning with the member lowest inrank.

117. Procedure on Incidental Questions:- If anyobjection is raised on any matter of law, evidence, orprocedure, by the prosecutor or by or on behalf of the accusedduring the trial, the prosecutor or the accused or counsel orthe defending officer (as the case may be) shall have a rightto answer the same and the person raising the objection shallhave a right to reply.

118. Evidence when to be translated.- When anyevidence is given in a language which any of the officerscomposing the Court, the accused or the law Officer doesnot understand, it shall be translated into a language whichhe understands.

119. Record in proceedings of Transactions of aSecurity Force Court.-(1) At a Court the Law Officer or, ifthere is none, the presiding officer shall record or cause tobe recorded all transactions of the Court, and shall beresponsible for the accuracy of the record (in these rulesreferred to as the proceedings) and if the Law officer is calledas a witness by the accused the presiding officer shall beresponsible for the accuracy of the record in the proceedingsof the evidence of the Law Officer.

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(2) The evidence shall be taken down in anarrative form in as nearly as possible the words used, butin any case where the prosecutor, the accused, the LawOfficer, or the Court considers it material, the question andanswer shall be taken down verbatim.

(3) Where an objection has been taken to anyquestion or to the admission of any evidence or to theprocedure of the Court, such objection shall if the prosecutoror accused so requests or the Court thinks fit, be enteredupon the proceedings together with the grounds of theobjection and the decision of the Court thereon.

(4) Where any address by, or on behalf of theprosecutor or the accused, is not in writing, it shall not benecessary to record the same in the proceedings further orotherwise than the Court thinks proper, except that;

(a) the Court shall in every case make suchrecord of the defence, made by the accusedas will enable the confirming officer to judgeof the reply made by, or on behalf of theaccused to each charge against him, and

(b) the Court shall also record any particularmatters in the address by or on behalf of , theprosecutor or the accused which theprosecutor or the accused, as the case maybe, may require.

(5) The Court shall not enter in the proceedingsany comment or anything not before the Court, or any reportof any fact not forming part of the trial, but if any suchcomment or report seems to the Court necessary, the Courtmay forward it to the proper authority in a separate documentsigned by the presiding officer.

120. Custody and Inspection of Proceedings.- Theproceedings shall be deemed to be in the custody of the LawOfficer (if any), or, if there is none, of the presiding officer butmay, with proper precaution for their safety, be inspected by themembers of the Court, the prosecutor and accused at all reasonabletimes before the Court is closed to consider the finding.

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1[121. Review of General and Petty Security Force Courtproceeding:- The proceedings of a General and PettySecurity Force Court shall be sent by the person having thecustody thereof to the Chief Law Officer for review, whoshall then forward the same to the confirming authority.

122. Defending Officer, Friend of Accused andCounsel:- (1) At any General or Petty Security Force Courtan accused person may be represented by a counsel or byany officer subject to the Act who shall be called “thedefending officer” or assisted by any person whose serviceshe may be able to procure and who shall be called “the friendof the accused”.

(2) The defending officer shall have the samerights and duties as appertain to a counsel under these rulesand shall be under the like obligations. (R.63).

(3) The friend of the accused may advise theaccused on all points and suggest the questions to be put tothe witnesses, but he shall not examine or cross-examinethe witnesses or address the Court.

123. Requirements for Appearance of Counsel.-(1) Anaccused person intending to be represented by a counsel shallgive to his Commandant or to the convening officer the earliestpracticable notice of such intention, and, if no sufficient noticehas been given, the Court may, if it thinks fit, on the applicationof the prosecutor adjourn to enable him to obtain a counsel onbehalf of the prosecutor at the trial.

(2) Where the convening officer so directs,counsel may appear alongwith the prosecutor, but in thatcase, unless the notice referred to in sub-rule(1) has beengiven by the accused, notice of the direction for counsel toappear shall be given to the accused at such time (not in anycase less than seven days) before the trial as would, in theopinion of the Court, have enabled the accused to obtaincounsel to assist him at the trial.

1. Substituted vide S.O.-155 (E) dated 1-3-1983.

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(3) The counsel, who appears before a Court onbehalf of the prosecutor or accused, shall have the same rightsas the prosecutor or accused for whom he appears to call,and orally examine, cross-examine, and re-examinewitnesses, to put in any plea, and to inspect the proceedingsand shall have the right otherwise to act in the course of thetrial in place of the person on whose behalf he appears, andhe shall comply with these rules as if he were that personand in such a case that person shall have no right himselfto do any of the aforesaid matters except as regards thestatement allowed by sub-rule (2) of rule 93 and sub-rule(4) of rule 101 or except so far as the Court permits himso to do.

(4) When counsel appear on behalf of theprosecutor; the prosecutor if called as witness, may beexamined and re-examined as any other witness.

124. Disqualification of law Officer.- An Officer who isdisqualified for sitting on a Court, shall be disqualified foracting as a Law Officer at that Court.

125. Substitution on Death, Illness or Absence of LawOfficer.- If the Law Officer dies, or from illness or from anycause whatever is unable to attend, the Court shall adjournand the presiding officer shall report the circumstances tothe convening officer and a fit person may be appointed bythat officer who shall be sworn or affirmed and act as Lawofficer for the residue of the trial, or until the Law Officerreturns.

126. Power and duties of Law Officer (1) Where aLaw Officer has been named to act on the Court, he shall -

(a) give his opinion on any question of lawrelating to the charge or trial whenever sorequired by the Court, the prosecutor or theaccused;

(b) inform the Court of any irregularity or otherinfirmity in the proceedings;

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(c) inform the convening officer and the Courtof any infirmity or defect in the charge or inthe constitution of the Court;

(d) sum up the evidence and give his opinion onany question of law, before the Court proceedsto deliberate upon its findings.

(2) It shall be the duty of the Law Officer toensure that the accused does not suffer any disadvantage inconsequence of his position as such, or because of ignoranceor incapacity to examine or cross-examine witnesses and forthis purpose the Law Officer may, with the permission ofthe Court, call witnesses and put questions to them whichappear to him to be necessary or desirable.

(3) In the discharge of his duties, the Law Officershall maintain an attitude of strict impartiality.

(4) Where any opinion has been given by the LawOfficer to the Court on any matter before it, it may be enteredin the proceedings, if the Law Officer or the Court, desires itto be entered.

(5) The Law Officer shall represent the Chief Law officerat a Security Force Court.

127. Finding of Insanity.- Where the Court finds eitherthat the accused, by reason of unsoundness of mind, isincapable of making his defence, or that he committed theact alleged but was by reason of unsoundness of mindincapable of knowing the nature of the act or that it waswrong or contrary to law, the presiding officer or in the caseof Summary Security Force Court, the officer holding thetrial, shall affix his signature and the date on the finding whichshall also be signed by the Law Officer (if any) and thereuponthe proceedings shall, at once be transmitted to the confirmingauthority or in the case of Summary Security Force Court tothe Deputy Inspector General empowered to Countersignthem.

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128. Preservation of Proceedings.- The proceedings ofevery Court shall, after promulgation, be forwarded to theoffice of the Chief Law Officer and be preserved there fornot less than seven years, or until the sentence awarded bythe Court has expired, whichever is later.

129. Right of person tried to Copies of Proceedings.-Every person tried by a Security Force Court shall be entitledto obtain on demand, at anytime after the confirmation ofthe finding and sentence, when such confirmation is requiredand before the proceedings are destroyed, from the ChiefLaw officer a copy thereof, including the proceedings uponrevision, if any.

130. Copy of proceedings not to be given in certaincases.- Notwithstanding anything contained in rule 129 ifthe Central Government is satisfied for reasons to berecorded that it is against the interests of the Security of theState or friendly relations with foreign States to supply acopy of the proceedings or any part thereof under the saidrule, he shall not be furnished with such a copy:

Provided that if the Central Government is satisfiedthat the person demanding the copy is desirous of submittinga petition in accordance with the Act or instituting any actionin a court of law in relation to the finding or sentence, itshall permit inspection of the proceedings by such a personor his legal advisor, if any, on the following conditions,namely:-

(a) the inspection shall be made at such timesand such places as the Central Governmentor any authority authorised by it may direct;and

(b) the person allowed to inspect the proceedingsshall, before such inspection, furnish:-

(i) an undertaking, in writing that heshall not make copies of theproceedings or any part thereof and

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that the information or documentscontained in such proceedings shallnot be used by him for any purposewhatsoever, other than for the purposeof submitting a petition in accordancewith the Act or instituting an actionin a court of law in relation to the saidfinding or sentence; and

(ii) a certificate that he is aware that hemay render himself liable toprosecution under section 3 and 5 ofthe Indian Official Secrets Act, 1923(19 of 1923) if he commits any actspecified in the said sections inrelation to the documents orinformation contained in the saidproceedings.

131. Loss of proceedings.- (1) If, before confirmation,the original proceedings of a Court which requireconfirmation or any part thereof, are lost, a copy thereof, ifany, certified by the presiding officer or the Law Officer atthe Court may be accepted in lieu of the original.

(2) If there is no such copy, and sufficientevidence of the charge, finding, sentence, and transactionsof the Court can be procured that evidence may with theassent of the accused, be accepted in lieu of the originalproceedings, or part which have been lost.

(3) In any case mentioned above in this rule thefinding and sentence may be confirmed, and shall be validas if the original proceedings or part thereof had not beenlost.

(4) If the accused refuses the assent referred toin sub-rule (2), he may be tried again, and the finding andsentence of the previous Court of which the proceedings havebeen lost shall be void.

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(5) If, after confirmation or in any case where confirmationis not required, the original proceedings or any part thereofare lost, and there is sufficient evidence of the charge, finding,sentence, and transactions of the Court and of the confirmation(if required) of the finding and sentence, that evidence shallbe a valid and sufficient record of the trial for all purposes.

132. Offences by witnesses and others.- When a Courtis of opinion that there is ground for inquiring into anyoffence specified in Sections 37 and 38 and committed beforeit or brought to its notice in the course of its proceedings,which would if done by a person subject to the Act, haveconstituted such an offence, such Court may proceed asfollows, that is to say:-

(a) if the person who appears to have committedthe offence is subject to the Act, the Courtmay bring his conduct to the notice of hisCommandant;

(b) if the person who appears to have done theact is amenable to military, naval or air forcelaw the Court may bring his conduct to thenotice of the proper military, naval or air forceauthority as the case may be,

(c) in other cases the officer who summoned thewitness to appear or the presiding officer orOfficer-holding the Court, as the case maybe, may forward a written complaint to thenearest Magistrate of the first class havingjurisdiction, and in the case of acts whichwould, if done by a person subject to thisAct have constituted an offence under clause(e) of section 37 or section 38, the Court,after making any preliminary inquiry thatmay be necessary may send the case to thenearest Magistrate of the first class havingjurisdiction for inquiry or trial in accordancewith section 476 of the Code of Criminalprocedure, 1898 (5 of 1898).]1

1. Now Sections 340 and 343 of Cr. P.C. 1973.

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CHAPTER-XI

SUMMARY SECURITY FORCE COURTS

133. Proceedings.- The officer holding the trial, here-in-afterin this Chapter called the Court shall record, or cause to be recordedthe transactions of every Summary Security Force Court.

134. Evidence when to be translated.- (1) When anyevidence is given in a language which the Court or the accuseddoes not understand, that evidence shall be translated to theCourt or accused as the case may be in a language which itor he does understand.

(2) The Court shall for this purpose either appointan interpreter, or shall itself take the oath or affirmationprescribed for the interpreter at a Summary Security ForceCourt.

(3) When documents are produced for thepurpose of formal proof, it shall be in the discretion of theCourt to cause as much to be interpreted as appears necessary.

135. Assembly.- When the Court, the interpreter (if any)and the officers and subordinate officers attending the trialare assembled, the accused shall be brought before the Courtand the oath or affirmation prescribed in rule 136 shall betaken by the persons therein mentioned.

136. Swearing or affirming of court and interpreter.-The Court shall take oath or affirmation in any one of thefollowing forms or in such other form to the same purportwhich would, according to the religion or otherwise bebinding on the conscience of the officer constituting the Court.

FORM OF OATH“I, . . . . . . . . . . . . . . . . .. . . . . . swear by Almighty God

that I will duly administer justice, according to the BorderSecurity Force Act, 1968 without partiality, favour oraffection”.

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FORM OF AFFIRMATION

“I,. . . . . . . . . . . . . . . . . do solemnly, sincerely andtruly declare and affirm that I will duly administer justiceaccording to the Border Security Force Act, 1968 withoutpartiality, favour or affection”.

(2) The Court, or any other person empoweredby it in this behalf shall administer to the interpreter (if any)an oath or affirmation in any of the following forms, or insuch other forms to the same purport as the Court ascertainsto be according to the religion or otherwise binding on theconscience of the person who is to act as interpreter.

FORM OF OATH

“I, . . . . . . . . . . . . . . . . swear by Almighty God thatI will faithfully interpret and translate as I shall be requiredto do touching the matter before this Court”.

FORM OF AFFIRMATION

“I, .. . . . . . . . . . . . . . . . do solemnly, sincerely andtruly declare and affirm that I will faithfully interpret andtranslate, as I shall be required to do touching the matterbefore this Court”.

(3) The witnesses shall, after the administrationof the oath and the affirmation, withdraw from the Court.

137. Swearing of Court to try several accused persons.-(1) A Summary Security Force Court may be sworn oraffirmed at the same time to try any number of accusedpersons then present before it whether those persons are tobe tried collectively or separately.

(2) In the case of several accused persons to betried separately, the Court, when sworn or affirmed shallproceed with one case postponing the other cases and takingthem afterwards in succession.

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(3) Where several accused persons are triedseparately upon charges arising out of the same transaction,the Court may, if it considers it to be desirable in theinterests of justice, postpone consideration of any sentenceto be awarded to any one or more such accused personsuntil the trials of all such accused persons have beencompleted.

138. Arraignment of accused.- (1) After the Court andinterpreter (if any) are sworn or affirmed as above mentioned,the accused shall be arraigned on the charges against him.

(2) The Charges on which the accused isarraigned shall be read and if necessary, translated to himand explained and he shall be required to plead separately toeach charge.

139. Objection by accused to charge.- The accused,when required to plead to any charge, may object to thecharge on the ground that it does not disclose an offenceunder the Act, or is not in accordance with these rules.

140. Amendment of charge.- (1) At any time during thetrial if it appears to the Court that there is mistake in thename or description of the accused in the charge-sheet, itshall amend the charge-sheet so as to correct that mistake.

(2) If on the trial of a charge it appears to theCourt at any time before it has begun to examine thewitnesses, that in the interests of justice any addition to,omission from or alteration in, the change is required, it mayamend such charge and may, after due notice to the accused,and with the sanction of the officer empowered to convenea Petty Security Force Court for the trial of the accused ifthe amended charge requires such sanction, proceed withthe trial on such amended charge.

141. Special pleas: If a special plea to the generaljurisdiction of the Court, or a plea in bar of trial is offered bythe accused, the procedure laid down in Chapter IX fordisposing of such pleas shall, so far as may be applicable befollowed.

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142. General plea of “Guilty” or “Not Guilty”.- (1)The accused person’s plea of ‘Guilty’ or ‘Not Guilty’ or ifhe refuses to plead or does not plead intelligibly either oneor the other, a plea of ‘Not Guilty’ shall be recorded on eachcharge.

(2) If an accused person pleads ‘Guilty’ that pleashall be recorded as the finding of the Court but before it isrecorded, the Court shall ascertain that the accusedunderstands the nature of the charge to which he has pleadedguilty and shall inform him of the general effect of that plea,and in particular of the meaning of the charge to which hehas pleaded guilty, and of the difference in procedure whichwill be made by the plea of guilty and shall advise him towithdraw that plea if it appears from the record or abstractof evidence (if any) or otherwise that the accused ought toplead not guilty.

(3) Where an accused person pleads guilty to thefirst two or more charges laid in the alternative, the Courtmay after sub-rule (2) has been complied with and beforethe accused is arraigned on the alternative charge or charges,withdraw such alternative charge or charges as follow thecharge to which the accused has pleaded guilty withoutrequiring the accused to plead thereto, and a record to thateffect shall be made in the proceedings of the Court.

143. Procedure after plea of ‘Guilty’.- (1) Upon therecord of the plea of ‘Guilty’, if there are other charges in thesame charge-sheet to which the plea is ‘Not Guilty’, the trialshall first proceed with respect to those other charges and afterthe finding on those charges, shall proceed with the chargeson which a plea of ‘Guilty’ has been entered; but if thereare alternative charges, the Court may either proceed withrespect to all the charges as if the accused had not pleaded‘Guilty’ to any charge or may, instead of trying him, recorda finding of ‘Guilty’ upon any one of the alternative chargesto which he had pleaded ‘Guilty’ and finding of ‘Not Guilty’upon all the other alternative charges which precede suchcharge.

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(2)(a) After the record of the plea of ‘Guilty’ on a charge(if trial does not proceed on any other charges)the Court shall read the record or abstract ofevidence and annex it to the proceedings, or ifthere is no such record or abstract, shall takeand record sufficient evidence to enable it todetermine the sentence, and the reviewing officerto know all the circumstances connected withthe offence.

(b) The evidence shall be taken in like manner as isdirected by these rules in the case of a plea of‘Not Guilty’.

(3) The accused may, after such evidence hasbeen taken or as the case may be, the record or abstract ofevidence has been read, address the Court with reference tothe charge and in mitigation of punishment and may callwitnesses as to his character.

(4) (a) If from the statement of the accused, or fromthe record of evidence, or otherwise, it appearsto the Court that the accused did notunderstand the effect of his plea of ‘Guilty’,the Court shall alter the record and enter aplea of ‘Not Guilty’ and proceed with thetrial accordingly.

(b) Any alternative charges withdrawn under sub-rule(1) shall be reinstated in the charge sheetand the trial shall take place as if they hadnever been withdrawn.

(5) If a plea of ‘Guilty’ is recorded on somecharges and the trial proceeds with respect to other chargesin the same charge-sheet, the proceedings under sub-rule (2)and (3) shall take place after the findings on the other chargesin the same charge-sheet are recorded.

(6) When the accused states anything in mitigation

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of punishment which in the opinion of the Court requires to beproved, and would, if proved, affect the amount of punishment,the Court may permit the accused to call witness to prove thesame.

144. Withdrawal of plea of ‘Not Guilty’.- The accusedmay, if he thinks fit at any time during the trial, withdraw hisplea of ‘Not Guilty’ and plead ‘Guilty’ and in such case theCourt shall at once, subject to compliance with sub-rule (2) ofrule 142 record a plea and finding of ‘Guilty’ and shall, so faras if necessary, proceed in manner directed by Rule 143.

145. Procedure after plea of ‘Not Guilty’.- (1) Af te rthe plea of “Not Guilty” to any charge, is recorded theevidence for the prosecution will be taken.

(2) At the close of the evidence for theprosecution the accused shall be asked if he has anything tosay in his defence, or may defer such address until he hascalled his witnesses.

(3) The accused may then call his witnesses,including also witnesses to character.

146. Witnesses in reply to defence.- The Court may, if itthinks it necessary in the interests of justice, call witnessesin reply to the defence.

147. Evidence of witnesses.- The provisions of Rules 88,89 and 90 shall so far as may be, apply to the evidence ofwitnesses at a Summary Security Force Court as they applyto the evidence of witnesses at a General or Petty SecurityForce Court.

148. Verdict.- The Court shall after the evidence forprosecution and defence has been heard, give its opinion asto whether the accused is guilty or not guilty of the charge orcharges.

149. Finding.- (1) The finding on every charge upon which

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the accused is arraigned shall be recorded and except asmentioned in these rules shall be recorded simply as a finding of‘Guilty’ or of ‘Not Guilty’.

(2) When the Court is of opinion as regards anycharge that the facts proved do not disclose the offencecharged or any offence of which he might under the Actlegally be found guilty on the charge as laid, the Court shallfind the accused ‘Not Guilty’ of that charge.

(3) When the Court is of opinion as regards anycharge that the facts found to be proved in evidence differmaterially from the facts alleged in the statement ofparticulars in the charge, but are nevertheless sufficient toprove the offence stated in the charge, and that the differenceis not so material as to have prejudiced the accused in hisdefence, it may, instead of a finding of ‘Not Guilty’ record aspecial finding.

(4) The special finding may find the accusedguilty on a charge subject to the statement of exceptions orvariations specified therein.

(5) The Court shall not find the accused guiltyon more than one of two or more charges laid in thealternative, even if conviction upon one charge necessarilyconnotes guilty upon the alternative charge or charges.

150. Procedure on Acquittal.- Where the finding on eachof the charges in a charge-sheet is ‘Not Guilty’, the courtshall affix its signature and date the proceedings, the findingswill be announced in open Court, and the accused will bereleased if under arrest, in respect of these charges.

151. Procedure on finding of ‘Guilty’.- (1) Where thefinding on any charge is ‘Guilty’ the Court may record of itsown knowledge, or take evidence of any record, the generalcharacter, age, service, rank, and any recognised acts ofgallantry, or distinguished conduct of the accused, andprevious convictions of the accused either by a Security Force

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Court, or a Criminal Court, any previous punishment awarded tohim by an officer exercising authority under section 53, the lengthof time he has been in arrest or in confinement of any previoussentence, and any decoration, or reward of which he may be inpossession or to which he may be entitled.

(2) Where the Court does not record the mattersmentioned in this rule of its own knowledge, evidence onthese matters may be taken in the manner directed in rule101 for similar evidence.

152. Sentence.- The Court shall award one sentence inrespect of all the offences of which the accused is found guilty.

153. Signing of Proceedings.- The Court shall affix itssignature and the date to the sentence and such signatureshall authenticate the whole of the proceedings.

154. Charges in different charge sheets.- (1) When thecharges at a trial by Summary Security Force Court arecontained in different charge-sheets the accused shall be triedon each charge sheet separately up to and including the stageof finding.

(2) The Court shall, thereafter, comply with rules150 or 151 as the case may be.

155. Clearing the Court. The officer holding the trial mayclear the Court to consider the evidence or to consult withthe officers, and subordinate officer, attending the trial.

(2) Subject to the provisions of sub-rule (1), allthe proceedings, including the view of any place, shall be inopen Court, and in the presence of the accused.

156. Adjournment.- (1) A Court may:-

(a) from time to time adjourn its proceedings andmeet at such place as may be convenient; and

(b) wherever necessary visit the scene ofoccurrence.

157. Friend of the accused.- During a trial at a Summary

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1. Subs. by SO.436 (E) dated 29-05-1990

Security Force Court an accused may take the assistance of anyperson, including a legal practitioner as he may consider necessary.

Provided that such person shall not examine or cross-examine witnesses or address the Court.

158. Memorandum to be attached to proceedings.-Where a Summary Security Force Court tries an offencewhich shall not ordinarily be tried without reference to anauthority mentioned in sub-section (2) of Section 74, anexplanatory memorandum shall be attached to theproceedings.

159. Promulgation.- The sentence of a Summary SecurityForce Court shall be promulgated in the manner usual in theservice, at the earliest opportunity after it has beenpronounced and shall subject to the provisions of the Act becarried out without delay after promulgation.

160. Review of Proceedings.- The proceedings of aSummary Security Force Court shall immediately onpromulgation be forwarded through the Chief Law Officer,or a Law Officer to the Deputy Inspector General under whomthe accused may have been serving.

161. Action by the Deputy Inspector General.- (1)Where the Deputy Inspector General to whom theproceedings of a Summary Security Force Court have beenforwarded under rule 160, is satisfied that injustice has beendone to the accused by reason of any grave irregularity in theproceedings or otherwise, he may:-

(a) set aside the proceedings of the Court; or

(b) reduce the sentence or commute thepunishment awarded to one lower in the scale of punishmentgiven in 1(Section 48 and return it to the unit of the accusedfor promulgation).

(2) Where no action under sub-rule (1) has beentaken he shall countersign the proceedings 1(***).

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(3) The proceedings shall, after its promulgation2 [under sub-rule (1) or counter signature under sub-rule (2)]be forwarded to the Chief Law Officer for custody.

1. Omitted by S.O. 436 (E), dated 29-5-1990.2. Ins. by ibid.

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CHAPTER-XII

EXECUTION OF SENTENCE

162. Direction about Sentence of Imprisonment.- (1)A confirming authority or in the case of a Summary SecurityForce Court, the Court, shall direct that the sentence ofimprisonment shall be undergone by confinement either in acivil prison or in Force Custody.

(2) Such direction may be varied by any superiorofficer.

163. Warrants.- Warrants for committing a person to acivil prison to under-go sentence of imprisonment or to getsuch person back into Force Custody if so required or toorder the release of such a person from civil prison or anyvariation done by any superior officer shall be in such formas may be appropriate to each case set out in Appendix ‘X’.

(2) Such Warrants shall be signed by theCommandant of the accused or by a staff officer on behalf ofa Deputy Inspector General, Inspector General or the DirectorGeneral.

164. Warrants in case of Sentence of Death.- (1)Wherea person is sentenced to death by hanging, a warrant in theform set out in Appendix XI shall be sent by the DirectorGeneral to the Superintendent of the Prison where facilitiesfor carrying out such a sentence exist, after the sentence hasbeen confirmed by the Central Government and the accusedshall be committed to the same prison by his Commandanton the appropriate warrant.

(2) Where an accused person is sentenced todeath by being shot, a warrant on the appropriate form setout in Appendix XI shall be issued by the Director General,to Deputy Inspector General under whom the accused maybe serving, after the sentence has been confirmed by theCentral Government, and the Deputy Inspector General shallarrange for the execution of the sentence.

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165. Changes in Sentence.- Where any change is madein the sentence of a person already committed to a civil prison,such change shall be communicated to the Superintendentof the Prison to which such person has been committed bythe Commandant or such other person as is mentioned inrule 163 on the form set out in Appendix XII.

166. Sentence of Dismissal.- (1) Sentence of dismissalshall take effect from the date of promulgation of suchsentence or from any subsequent date as may be specified atthe time of promulgation.

(2) A sentence of dismissal combined withimprisonment to be undergone in a civil prison shall not takeeffect until such person has been committed to civil prison.

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CHAPTER-XIII

PETITIONS

167. Petitions Against Finding and Sentence of Court.-(1) A person subject to the Act who has been tried by a Courtshall be allowed to put in one petition before confirmation,to the confirming authority and one petition afterconfirmation to any officer mentioned in section 117.

(2) In the case of a Summary Force Court he shallbe allowed to put in one petition only to any of the officersmentioned in section 117.

168. Period of Limitation.- (1) A petition, beforeconfirmation, shall be submitted, within one week of theconclusion of trial.

(2) A petition after confirmation shall besubmitted within 3 months of the date on which the sentencewas promulgated:

Provided that the time taken by such person to obtaina copy of the proceedings shall be excluded in calculatingthis period of 3 months.

169. Mode of Submitting Petitions.-

(1) (a) A petition, by a person who is still a memberof the Force shall be submitted through hisCommandant.

(b) A petition, by a person who has ceased to bea member of the Force shall be submitted tothe Commandant of the unit in which the trialwas held.

(2) An officer to whom a petition is submittedor to whom a petition has been forwarded shall forward it tothe next superior within a period of one week:

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Provided that an officer may not forward a petitionif he is competent to give the redress asked for and decidesto do so.

(3) An officer receiving a petition may send it to theChief Law Officer or a Law Officer for advice.

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CHAPTER-XIV

COURTS OF INQUIRY

1[170. Composition.- A Court of Inquiry may consist ofone or more members. Persons not subject to the Act maybe appointed as members when the court is to investigatematters of a specialised nature, and when officers subject tothe Act with specialist qualifications are not available to bemembers.

171. Assembly.- A court of inquiry may be assembled byorder of a Commandant or any officer or authority superiorto the Commandant.

172. Assembly Order.- The order assembling the courtof inquiry shall state the composition of the court, the timeand place for its assembly and clearly state the matters whichthe court will investigate. It will also provide for theadministrative requirements of the Court.

173. Procedure of Courts of Inquiry.-(1) Theproceedings of a court of inquiry shall not be open to thepublic. Only such persons may attend the proceedings as arepermitted by the court to do so.

(2) The evidence of all witnesses shall be takenon oath or affirmation.

(3) Evidence given by witnesses shall be recordedin narrative form unless the court considers that any questionsand answers may be recorded as such.

(4) The court may take into consideration anydocuments even though they are not formally proved.

(5) The court may ask witnesses any questions,in any form, that they consider necessary to elicit the truthand may take into consideration any evidence, whether thesame is admissible under the Indian Evidence At, 1872 (1 of1872) or not.1. Subs. by S.O. 187(E), dated 23-3-1984.

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(6) No counsel or legal practitioner shall bepermitted to appear before a court of inquiry.

(7) Provisions of section 89 shall apply forprocuring the attendance of witnesses before the court of inquiry.

(8) Before giving an opinion against any personsubject to the Act, the court will afford that person theopportunity to know all that has been stated against him, cross-examine any witnesses who have given evidence against him,and make a statement and call witnesses in his defence.

(9) The answers given by a witness to any questionasked before the court shall not be admissible against such awitness on any charge at any subsequent occasion except acharge of giving false evidence before such court.

174. Courts of Inquiry when to be Held.- (1) A court ofinquiry may be held to investigate into any disciplinary matteror any other matter of importance.

(2) In addition to a Court of Inquiry required tobe held under section 62, a court of inquiry shall be held inthe following cases:-

(a) (i) All unnatural death of persons subjectto the Act or of other persons within theForce lines, an immediate report shallbe sent through the messenger to theofficer-in-charge of the Police Stationwithin whose jurisdiction the place ofsuch unnatural death is.

(ii) In cases when such report cannot, for anyreason be delivered within a reasonabletime, a Court of Inquiry shall be held intosuch unnatural death.

(iii) Immediately on receipt of informationof an unnatural death the Commandantor the senior most officer of the Battalionpresent shall prepare a report on theproforma set out in Appendix XIII.