The NATIONAL SECURITY GUARD ACT, 1986

PRELIMINARY

Section 1 — Short title and commencement.

(1) This Act may be called the National Security Guard Act, 1986.

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

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