The INDO-TIBETAN BORDER POLICE FORCE ACT, 1992

PRELIMINARY

Section 1 — Short title and commencement.

(1) This Act may be called the Indo-Tibetan Border Police Force Act, 1992.

(2) It shall come into force on such date as the Central Government may, by notification, appoint.

Browse all 157 sections
  1. 1.Short title and commencement.
  2. 2.Definitions.
  3. 3.Persons subject to this Act.
  4. 4.Constitution of the Force.
  5. 5.Control, direction, etc.
  6. 6.Enrolment.
  7. 7.Liability for service outside India.
  8. 8.Resignation and withdrawal from the post.
  9. 9.Tenure of service under the Act.
  10. 10.Termination of service by Central Government.
  11. 11.Dismissal, removal or reduction by the Director-General and by other officers.
  12. 12.Certificate of termination of service.
  13. 13.Restrictions respecting right to form association, freedom of speech, etc.
  14. 14.Remedy of aggrieved persons other than officers.
  15. 15.Remedy of aggrieved officers.
  16. 16.Offences in relation to the enemy or terrorist and punishable with death.
  17. 17.Offences in relation to the enemy and not punishable with death.
  18. 18.Offences punishable more severely on active duty than at other times.
  19. 19.Mutiny.
  20. 20.Desertion and aiding desertion.
  21. 21.Absence without leave.
  22. 22.Striking or threatening superior officers.
  23. 23.Disobedience to superior officer.
  24. 24.Insubordination and obstruction.
  25. 25.False answers on enrolment.
  26. 26.Unbecoming conduct.
  27. 27.Certain forms of disgraceful conduct.
  28. 28.Ill-treating a subordinate.
  29. 29.Intoxication.
  30. 30.Permitting escape of person in custody.
  31. 31.Irregularity in connection with arrest or confinement.
  32. 32.Escape from custody.
  33. 33.Offences in respect of property.
  34. 34.Extortion and exaction.
  35. 35.Making away with equipment.
  36. 36.Injury to property.
  37. 37.False accusations.
  38. 38.Falsifying official documents and false declarations.
  39. 39.Signing in blank and failure to report.
  40. 40.Offences relating to Force Court.
  41. 41.False evidence.
  42. 42.Unlawful detention of pay.
  43. 43.Violation of good order and discipline.
  44. 44.Miscellaneous offences.
  45. 45.Attempt.
  46. 46.Abetment of offences that have been committed.
  47. 47.Abetment of offences punishable with death and not Committee.
  48. 48.Abetment of offences punishable with imprisonment and not committed.
  49. 49.Civil offences.
  50. 50.Civil offences not triable by a Force Court.
  51. 51.Punishment awardable by Force Courts.
  52. 52.Alternative punishments awardable by Force Courts.
  53. 53.Combination of punishments.
  54. 54.Retention in the force of a person convicted on active duty.
  55. 55.Punishments otherwise than by Force Courts.
  56. 56.Minor punishments.
  57. 57.Limit of punishments under section 56.
  58. 58.Punishment of persons of or below the rank of Commandant by Inspectors-General and others.
  59. 59.Review of proceedings.
  60. 60.Collective fines.
  61. 61.Deductions from pay and allowances of persons subject to this Act.
  62. 62.Pay and allowances during trial.
  63. 63.Limit of certain deductions.
  64. 64.Deduction from public money due to a person.
  65. 65.Pay and allowances of prisoner of war during inquiry into his conduct.
  66. 66.Remission of deductions.
  67. 67.Provision for dependants of prisoner of war from his remitted deductions and pay and allowances.
  68. 68.Period during which a person is dedmed to be a prisoner of war.
  69. 69.Custody of offenders.
  70. 70.Duty of commanding officer in regard to detention.
  71. 71.Interval between committal and trial.
  72. 72.Arrest by civil authorities.
  73. 73.Capture of deserters.
  74. 74.Inquiry into absence without leave.
  75. 75.Force Police Officers.
  76. 76.Kinds of Force Courts.
  77. 77.Power to convene a General Force Court.
  78. 78.Power to convene a Petty Force Court.
  79. 79.Contents of warrants issued under sections 77 and 78.
  80. 80.Composition of a General Force Court.
  81. 81.Composition of a Petty Force Court.
  82. 82.Summary Force Court.
  83. 83.Dissolution of a Force Court.
  84. 84.Power of a General Force Court.
  85. 85.Power of a Petty Force Court.
  86. 86.Power of a Summary Force Court.
  87. 87.Prohibition of second trial.
  88. 88.Period of limitation for trial.
  89. 89.Trial, etc., of offender who ceases to be subject to this Act.
  90. 90.Application of Act during term of sentence.
  91. 91.Place of trial.
  92. 92.Choice between criminal court and Force Court.
  93. 93.Power of criminal court to require delivery of offender.
  94. 94.Presiding officer.
  95. 95.Judge Attorneys.
  96. 96.Challenge.
  97. 97.Oaths of member, Judge Attorney and witness.
  98. 98.Voting by members.
  99. 99.General rule as to evidence.
  100. 100.Judicial notice.
  101. 101.Summoning witnesses.
  102. 102.Documents exempted from production.
  103. 103.Commissions for examination of witnesses.
  104. 104.Examination of a witness on commission.
  105. 105.Conviction for offences not charged.
  106. 106.Presumption as to signatures.
  107. 107.Enrolment paper.
  108. 108.Presumption as to certain documents.
  109. 109.Reference by accused to Government officer.
  110. 110.Evidence of previous convictions and general character.
  111. 111.Lunacy of accused.
  112. 112.Subsequent fitness of lunatic accused for trial.
  113. 113.Transmission to Central Government of orders under section 112.
  114. 114.Release of lunatic accused.
  115. 115.Delivery of lunatic accused to relatives.
  116. 116.Order for custody and disposal of property pending trial.
  117. 117.Order for disposal of property regarding which offence is committed.
  118. 118.Powers of Force Court in relation to proceedings under this Act.
  119. 119.Tender of pardon to accomplies.
  120. 120.Trial of person not complying with conditions of pardon.
  121. 121.Finding and sentence not valid unless confirmed.
  122. 122.Power to confirm finding and sentence of General Force Court.
  123. 123.Power to confirm finding and sentence of Petty Force Court.
  124. 124.Limitation of powers of confirming authority.
  125. 125.Power of confirming authority to mitigate, remit or commute sentences.
  126. 126.Confirming of findings and sentences on board a ship.
  127. 127.Revision of finding or sentence.
  128. 128.Finding and sentence of a Summary Force Court.
  129. 129.Transmission of proceedings of Summary Force Court.
  130. 130.Alteration of finding or sentence in certain cases.
  131. 131.Remedy against order, finding or sentence of Force Court.
  132. 132.Annulment of proceedings.
  133. 133.Form of sentence of death.
  134. 134.Commencement of sentence of imprisonment.
  135. 135.Execution of sentence of imprisonment.
  136. 136.Temporary custody of offender.
  137. 137.Execution of sentence of imprisonment in special cases.
  138. 138.Conveyance of prisoner from place to place.
  139. 139.Communication of certain orders to prison officers.
  140. 140.Execution of sentence of fine.
  141. 141.Informality or error in the order or warrant.
  142. 142.Pardon and remission.
  143. 143.Cancellation of conditional pardon, release on parole or remission.
  144. 144.Suspension of sentence of imprisonment.
  145. 145.Orders pending suspension.
  146. 146.Release on suspension.
  147. 147.Computation of period of suspension.
  148. 148.Order after suspension.
  149. 149.Reconsideration of case after suspension.
  150. 150.Fresh sentence after suspension.
  151. 151.Scope of power of suspension.
  152. 152.Effect of suspension and remission on dismissal.
  153. 153.Rank structure.
  154. 154.Powers and duties conferable and imposable on members of the Force.
  155. 155.Protection for acts of members of the Force.
  156. 156.Power to make rules.
  157. 157.Provisions as to existing Indo-Tibetan Border Police Force.