BORDER SECURITY FORCE ACT, 1968

S.1 Short title and commencement

       (1) This Act may be called the Border Security Force Act, 1968.
       (2) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.
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       1.   Came into force on 1st March, 1969, vide S.O. 732, dated 20th February, 1969, published in the Gazette of India, Extra., Pt. II, Sec. 3(ii), p.235.
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S.2 Definitions

       (1) In this Act, unless the context otherwise requires,—
       (a) “active duty”, in relation to a person subject to this Act, means any duty as a member of the Force during the period in which such person is attached to, or forms part of, a unit of the Force—
       (i) which is engaged in operations against an enemy, or
       (ii) which is operating at a picket or engaged on patrol or other guard duty along the borders of India,
       and includes duty by such person during any period declared by the Central Government by notification in the Official Gazette as a period of active duty with reference to any area in which any person or class of persons subject to this Act may be serving;
       (b) “battalion” means a unit of th

Legal Commentary on Section 2 of the BORDER SECURITY FORCE ACT, 1968

Introduction

Section 2 of the Border Security Force (BSF) Act, 1968, provides definitions essential for interpreting the Act. It clarifies key terms such as "active duty," "persons subject to this Act," and other relevant concepts that underpin the legal framework governing the BSF. Proper understanding of these definitions is crucial for applying the provisions of the Act accurately and ensuring lawful conduct of disciplinary, criminal, and administrative proceedings involving BSF personnel.

What does Section 2 Say

Section 2 of the BSF Act, 1968, contains the definitions of various terms used throughout the Act. It includes, among others:- "Active duty": Refers to duties such as operations against enemies, patrols, guard duties along borders, or other duties designated by the Central Government.- "Persons subject to this Act": Encompasses members of the BSF engaged in duties related to border security, including those on operations or patrols.- "Security Force Court": Defines the courts established under the Act for trial of offences committed by personnel.- "Offence": Includes civil offences and other breaches punishable under the Act.- "Commandant": The officer in charge of a unit or detachment, with powers to convene courts and exercise disciplinary authority.

These definitions set the scope and applicability of the Act's provisions, guiding the interpretation and enforcement of its rules.

Essential Ingredients

The key ingredients of Section 2 include:- Clear delineation of terms to avoid ambiguity.- Specification of "active duty" to include duties related to border security, operations, patrols, and guard duties.- Identification of "persons subject to this Act" as those engaged in specified duties.- Definitions of courts (e.g., Security Force Court) and offences.- Clarification of roles like "Commandant" for disciplinary and judicial proceedings.

These ingredients ensure that the provisions of the Act are applied consistently and that personnel are aware of their rights and obligations under the law.

Scope of Section

The scope of Section 2 is comprehensive, covering all terms necessary for the interpretation of the BSF Act, 1968. It applies to:- All personnel of the BSF engaged in duties as defined.- Disciplinary and criminal proceedings under the Act.- The functioning of Security Force Courts and their jurisdiction.- The authority of officers such as Commandants in disciplinary matters.- The legal framework for offences, trials, and punishments.

By defining these terms, Section 2 ensures uniform understanding and application of the Act across various contexts and cases.

Punishment for Section

While Section 2 itself does not prescribe punishments, it underpins provisions that specify penalties for offences, such as:- Death or lesser punishments for certain offences under Sections 40 and 48.- Imprisonment, dismissal, or other disciplinary actions for breaches of discipline or misconduct.- Court-martial sentences, including rigorous imprisonment, fines, or dismissal from service, depending on the offence.

The definitions provided influence the nature and scope of punishments that can be imposed under the Act.

Legal Comments

"Clarity in Definitions" - Section 2 provides precise definitions that prevent ambiguities in the application of the Act, ensuring consistent legal interpretation and enforcement. [Section 2, BSF Act, 1968]
"Scope of 'Active Duty'" - The exhaustive definition of "active duty" includes various border security operations, which justifies the jurisdiction of courts and authorities under the Act for offences committed during such duties. [Section 2(1)(a)]
"Disciplinary Authority" - The term "Commandant" as defined in Section 2 clarifies the authority vested in officers to convene courts and impose disciplinary measures, reinforcing the hierarchical structure of discipline. [Section 2]
"Jurisdiction of Security Force Courts" - Definitions of offences and courts establish the jurisdictional boundaries, crucial for determining whether proceedings are within lawful authority. [Sections 46, 74]
"Offence Classification" - The distinction between civil offences and other breaches under the Act influences procedural requirements, such as the need for Court-martial or civil trial. [Section 2(d)]
"Scope of 'Persons subject to this Act'" - The broad definition includes all personnel engaged in border duties, ensuring the Act's applicability is comprehensive. [Section 2(1)]
"Implications for Natural Justice" - Clear definitions support the rights of personnel to fair trial procedures, especially regarding offences and disciplinary actions. [Section 2]
"Legal Certainty" - The detailed definitions promote legal certainty, reducing disputes over jurisdiction, offences, and procedural correctness. [Section 2]
"Interrelation with Other Laws" - The definitions facilitate the interpretation of the BSF Act in conjunction with other laws like the Indian Penal Code, ensuring coherence. [Section 2(2)]
"Operational Relevance" - The scope of "active duty" aligns the legal provisions with operational realities, ensuring that legal regimes are grounded in actual border security duties. [Section 2(1)(a)]
"Framework for Disciplinary Proceedings" - The definitions underpin the procedural framework, including the constitution of courts and imposition of penalties. [Sections 74, 177]
"Legal Certainty in Punishments" - The clear classification of offences and punishments in the Act, based on definitions, ensures lawful sentencing. [Sections 48, 49]
"Protection of Rights" - Proper definitions help safeguard personnel rights, including the right to fair trial and appeal, by clarifying procedural boundaries. [Section 2]
"Jurisdictional Clarity" - The scope of terms like "offence" and "offender" delineates the jurisdiction of courts and authorities, preventing jurisdictional disputes. [Sections 46, 74]
"Legal Coherence" - Section 2's definitions ensure coherence between the Act's provisions and other related statutes, facilitating effective legal enforcement. [Section 2(2)]
"Operational Legitimacy" - Definitions grounded in operational duties reinforce the legitimacy of disciplinary and judicial actions taken during border security operations. [Section 2]

In conclusion, Section 2 of the BSF Act, 1968, plays a pivotal role in shaping the legal landscape of border security personnel's discipline, offences, and judicial proceedings by providing clear, comprehensive definitions. These definitions ensure lawful, consistent, and fair application of the Act’s provisions, aligning legal principles with operational realities.

S.3 Persons subject to this Act

       (1) The following persons shall be subject to this Act, wherever they may be, namely:—
       (a) Officers and Subordinate Officers; and
       (b) under-officers and other persons enrolled under this Act.
       (2) Every person subject to this Act shall remain so subject until retired, discharged, released, removed or dismissed from the Force in accordance with the provisions of this Act and the rules.

S.4 Constitution of the Force

(1) There shall be an armed force of the Union called the Border Security Force for ensuring the security of the borders of India.
(2) Subject to the provisions of this Act, the Force shall be constituted in such manner as may be prescribed and the conditions of service of the members of the Force shall be such as may be prescribed.

S.5 Control, direction, etc.

(1) The general superintendence, direction and control of the Force shall vest in, and be exercised by, the Central Government and subject thereto and to the provisions of this Act and the rules, the command and supervision of the Force shall vest in an officer to be appointed by the Central Government as the Director-General of the Force.
(2) The Director-General shall, in the discharge of his duties under this Act, be assisted by such number of Inspectors-General, Deputy Inspectors-General, Commandants and other officers as may be prescribed by the Central Government.

S.6 Enrolment

(1) The persons to be enrolled to the Force, the mode of enrolment, and the procedure for enrolment shall be such as may be prescribed by the Central Government.
(2) Notwithstanding anything contained in this Act and the rules, every person who has, for a continuous period of three months, been in receipt of pay as a person enrolled under this Act and borne on the rolls of the Force shall be deemed to have been duly enrolled.

S.7 Liability for service outside India

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

S.8 Resignation and withdrawal from the post

       No member of the Force shall be at liberty,—
       (a) to resign his appointment during the term of his engagement; or
       (b) to withdraw himself from all or any of the duties of his appointment,
       except with the previous permission in writing of the prescribed authority.

S.9 Tenure of service under the Act

Every person subject to this Act shall hold office during the pleasure of the President.

S.10 Termination of service by Central Government

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

S.11 Dismissal, removal or reduction by the Director-General and by other officers

       (1) The Director-General or any Inspector-General may dismiss or remove from the service or reduce to a lower grade or rank or the ranks any person subject to this Act other than an officer.
       (2) An officer not below the rank of Deputy Inspector-General or any prescribed officer may dismiss or remove from the service any person under his command other than an officer or a subordinate officer of such rank or ranks as may be prescribed.
       (3) Any such officer as is mentioned in sub-section (2) may reduce to a lower grade or rank or the ranks any person under his command except an officer or a subordinate officer.
       (4) The exercise of any power under this section shall be subject to the provisions of this Act and rules.

S.12 Certificate of termination of service

       A subordinate officer, or an under-officer or other enrolled person who is retired, discharged, released, removed or dismissed from the service shall be furnished by the officer, to whose command he is subject, with a certificate in the language which is the mother tongue of such person and also in Hindi or English language setting forth—
       (a) the authority terminating his service;
       (b) the cause for such termination; and
       (c) the full period of his service in the Force.

S.13 Restrictions respecting right to form association, freedom of speech, etc.

       (1) No person subject to this Act shall, without the previous sanction in writing of the Central Government or of the prescribed authority,—
        (a) be a member of, or be associated in any way with, any trade union, labour union, political association or with any class of trade unions, labour unions or political associations; or
        (b) be a member of, or be associated in any way with, any society, institution, association or organisation that is not recognised as part of the Force or is not of a purely social, recreational or religious nature; or
        (c) communicate with the press or publish or cause to be published any book, letter or other document except where such communication or publication is in the bona fide discharge of his duties or is of a purely literary, arti

S.14 Offences in relation to the enemy and punishable with death

       Any person subject to this Act who commits any of the following offences, that is to say,—
       (a) shamefully abandons or delivers up any post, place or guard, committed to his charge or which it is his duty to defend; or
       (b) intentionally uses any means to compel or induce any person subject to this Act or to military, naval or air force law to abstain from acting against the enemy or to discourage such person from acting against the enemy; or
       (c) in the presence of the enemy, shamefully casts away his arms, ammunition, tools or equipment or misbehaves in such manner as to show cowardice; or
       (d) treacherously holds correspondence with , or communicates intelligence to, the enemy or any person in arms against the Union; or
   &

S.15 Offences in relation to the enemy and not punishable with death

       Any person subject to this Act who commits any of the following offences, that is to say,—
       (a) is taken prisoner or captured by the enemy, by want of due precaution or through disobedience of orders, or wilful neglect of duty, or having been taken prisoner or so captured fails to rejoin his service when able to do so; or
       (b) without due authority holds correspondence with, or communicates intelligence to, the enemy or any person in league with the enemy or having come by the knowledge of any such correspondence or communication, wilfully omits to discover it immediately to his Commandant or other superior officer,
       shall, on conviction by a Security Force Court, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned

S.16 Offences punishable more severely on active duty than at other times

       Any person subject to this Act who commits any of the following offences, that is to say,—
       (a) forces a safeguard, or forces or uses criminal force to a sentry; or
       (b) breaks into any house or other place in search of plunder; or
       (c) being a sentry sleeps upon his post, or is intoxicated; or
       (d) without orders from his superior officer leaves his guard, picket, patrol or post; or
       (e) intentionally or through neglect occasions a false alarm in camp or quarters, or spreads or causes to be spread reports calculated to create unnecessary alarm or despondency; or
       (f) makes known the parole, watchword or countersign to any person not entitled to receive

S.17 Mutiny

       Any person subject to this Act who commits any of the following offences, that is to say,—
       (a) begins, incites, causes or conspires with any other person to cause any mutiny in the Force or in the military, naval or air forces of India or any forces co-operating therewith; or
       (b) joins in any such mutiny; or
       (c) being present at any such mutiny, does not use his utmost endeavours to suppress the same; or
       (d) knowing or having reason to believe in the existence of any such mutiny, or of any intention to mutiny or of any such conspiracy, does not, without delay, give information thereof to his Commandant or other superior officer; or
       (e) endeavours to seduce any person in the Force or in the milit

S.18 Desertion and aiding desertion

       (1) Any person subject to this Act who deserts or attempts to desert the service shall, on conviction by a Security Force Court,—
       (a) if he commits the offence when on active duty or when under orders for active duty, be liable to suffer death or such less punishment as is in this Act mentioned; and
       (b) if he commits the offence under any other circumstances, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.
       (2) Any person subject to this Act who knowingly harbours any such deserter shall, on conviction by a Security Force Court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.
       (3) Any per

S.19 Absence without leave

       Any person subject to this Act who commits any of the following offences, that is to say,—
       (a) absents himself without leave; or
       (b) without sufficient cause overstays leave granted to him; or
       (c) being on leave of absence and having received information from the appropriate authority that any battalion or part thereof or any other unit of the Force, to which he belongs, has been ordered on active duty, fails, without sufficient cause, to rejoin without delay; or
       (d) without sufficient cause fails to appear at the time fixed at the parade or place appointed for exercise or duty; or
       (e) when on parade, or on the line of march, without sufficient cause, or without leave from his superior officer,

S.20 Striking or threatening superior officers

       Any person subject to this Act who commits any of the following offences, that is to say,—
        (a) uses criminal force to or assaults his superior officer; or
        (b) uses threatening language to such officer; or
        (c) uses insubordinate language to such officer;
       shall, on conviction by a Security Force Court,—
        (A) if such officer is at the time in the execution of his office or, if the offence is committed on active duty, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and
        (B) in other cases, be liable to suffer imprisonment for a term

S.21 Disobedience to superior officer

       (1) Any person subject to this Act who disobeys in such manner as to show a wilful defiance of authority any lawful command given personally by his superior officer in the execution of his office whether the same is given orally, or in writing or by signal or otherwise, shall, on conviction by a Security Force Court, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned.
       (2) Any person subject to this Act who disobeys any lawful command given by his superior officer shall, on conviction by a Security Force Court,—
       (a) if he commits such offence when on active duty, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and
       (b) if he commi

S.22 Insubordination and obstruction

       Any person subject to this Act who commits any of the following offences, that is to say,—
       (a) being concerned in any quarrel, affray or disorder, refuses to obey any officer, though of inferior rank, who orders him into arrest, or uses criminal force to or assaults any such officer; or
       (b) uses criminal force to, or assaults any person, whether subject to this Act or not, in whose custody he is lawfully placed, and whether he is or is not his superior officer; or
       (c) resists an escort whose duty it is to apprehend him or to have him in charge; or
       (d) breaks out of barracks, camp or quarters; or
       (e) neglects to obey any general, local or other order; or
      &nb

S.23 False answers on enrolment

Any person having become subject to this Act who is discovered to have made at the time of enrolment a wilfully false answer to any question set forth in the prescribed form of enrolment which has been put to him by the enrolling officer before whom he appears for the purpose of being enrolled, shall, on conviction by a Security Force Court, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned.