Vidhi Codex

The Indo-Tibetan Border Police Force Act, 1992

The Indo-Tibetan Border Police Force Act, 1992

Defence1992157 orders11 chapters

The Indo-Tibetan Border Police Force Act, 1992, establishes the legal framework for the constitution and regulation of the ITBP, a dedicated armed force of the Union. It applies to all personnel within the force, including officers, subordinate officers, and regular enlisted members, regardless of where they are serving. The Act regulates service conditions, defines military offences such as mutiny or desertion, and creates a specialized "Force Court" system for trials. This legislation is crucial because it ensures high standards of discipline and efficiency, allowing the force to effectively secure India’s northern borders and prevent crimes.

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Chapter I PRELIMINARY →

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

Chapter II CONSTITUTION OF THE FORCE AND CONDITIONS OR SERVICE OF THE MEMBERS OF THE FORCE →

  1. 4Constitution of the Force
  2. 5Control, direction, etc.
  3. 6Enrolment
  4. 7Liability for service outside India
  5. 8Resignation and withdrawal from the post
  6. 9Tenure of service under the Act
  7. 10Termination of service by Central Government
  8. 11Dismissal, removal or reduction by the Director-General and by other officers
  9. 12Certificate of termination of service
  10. 13Restrictions respecting right to form association, freedom of speech, etc
  11. 14Remedy of aggrieved persons other than officers
  12. 15Remedy of aggrieved officers

Chapter III OFFENCES →

  1. 16Offences in relation to the enemy or terrorist and punishable with death
  2. 17Offences in relation to the enemy and not punishable with death
  3. 18Offences punishable more severely on active duty than at other times
  4. 19Mutiny
  5. 20Desertion and aiding desertion
  6. 21Absence without leave
  7. 22Striking or threatening superior officers
  8. 23Disobedience to superior officer
  9. 24Insubordination and obstruction
  10. 25False answers on enrolment
  11. 26Unbecoming conduct
  12. 27Certain forms of disgraceful conduct
  13. 28Ill-treating a subordinate
  14. 29Intoxication
  15. 30Permitting escape of person in custody
  16. 31Irregularity in connection with arrest or confinement
  17. 32Escape from custody
  18. 33Offences in respect of property
  19. 34Extortion and exaction
  20. 35Making away with equipment
  21. 36Injury to property
  22. 37False accusations.
  23. 38Falsifying official documents and false declarations.
  24. 39Signing in blank and failure to report.
  25. 40Offences relating to Force Court.
  26. 41False evidence.
  27. 42Unlawful detention of pay.
  28. 43Violation of good order and discipline.
  29. 44Miscellaneous offences.
  30. 45Attempt.
  31. 46Abetment of offences that have been committed
  32. 47Abetment of offences punishable with death and not committed
  33. 48Abetment of offences punishable with imprisonment and not committed
  34. 49Civil offences
  35. 50Civil offences not triable by a Force Court

Chapter IV PUNISHMENTS →

  1. 51Punishment awardable by Force Courts
  2. 52Alternative punishments awardable by Force Courts
  3. 53Combination of punishments
  4. 54Retention in the force of a person convicted on active duty
  5. 55Punishments otherwise than by Force Courts
  6. 56Minor punishments
  7. 57Limit of punishments under section 56
  8. 58Punishment of persons of or below the rank of Commandant by Inspectors-General and others
  9. 59Review of proceedings
  10. 60Collective fines

Chapter V DEDUCTIONS FROM PAY AND ALLOWANCES →

  1. 61Deductions from pay and allowances of persons subject to this Act
  2. 62Pay and allowances during trial
  3. 63Limit of certain deductions
  4. 64Deduction from public money due to a person
  5. 65Pay and allowances of prisoner of war during inquiry into his conduct
  6. 66Remission of deductions
  7. 67Provision for dependents of prisoner of war from his remitted deductions and pay and allowances
  8. 68Period during which a person is deemed to be a prisoner of war

Chapter VI ARREST AND PROCEEDINGS BEFORE TRIAL →

  1. 69Custody of offenders
  2. 70Duty of commanding officer in regard to detention
  3. 71Interval between committal and trial
  4. 72Arrest by civil authorities
  5. 73Capture of deserters
  6. 74Inquiry into absence without leave
  7. 75Force Police Officers

Chapter VII FORCE COURTS →

  1. 76Kinds of Force Courts
  2. 77Power to convene a General Force Court
  3. 78Power to Convene a Petty Force Court
  4. 79Contents of warrants issued under sections 77 and 78
  5. 80Composition of a General Force Court
  6. 81Composition of a Petty Force Court
  7. 82Summary Force Court
  8. 83Dissolution of a Force Court
  9. 84Power of a General Force Court
  10. 85Power of a Petty Force Court
  11. 86Power of a Summary Force Court
  12. 87Prohibition of second trial
  13. 88Period of limitation for trial
  14. 89Trial, etc., of offender who ceases to be subject to this Act
  15. 90Application of Act during term of sentence
  16. 91Place of trial
  17. 92Choice between criminal court and Force Court
  18. 93Power of criminal court to require delivery of offender

Chapter VIII PROCEDURE OF FORCE COURTS →

  1. 94Presiding officer
  2. 95Judge Attorneys
  3. 96Challenge
  4. 97Oaths of member, Judge Attorney and witness
  5. 98Voting by members
  6. 99General rule as to evidence
  7. 100Judicial notice
  8. 101Summoning witnesses
  9. 102Documents exempted from production
  10. 103Commissions for examination of witnesses
  11. 104Examination of a witness on commission
  12. 105Conviction for offences not charged
  13. 106Presumption as to signatures
  14. 107Enrolment paper
  15. 108Presumption as to certain documents
  16. 109Reference by accused to Government officer
  17. 110Evidence of previous convictions and general character
  18. 111Lunacy of accused
  19. 112Subsequent fitness of lunatic accused for trial
  20. 113Transmission to Central Government of orders under section 112
  21. 114Release of lunatic accused
  22. 115Delivery of lunatic accused to relatives
  23. 116Order for custody and disposal of property pending trial
  24. 117Order for disposal of property regarding which offence is committed
  25. 118Powers of Force Court in relation to proceedings under this Act
  26. 119Tender of pardon to accomplies
  27. 120Trial of person not complying with conditions of pardon

Chapter IX CONFIRMATION AND REVISION →

  1. 121Finding and sentence not valid unless confirmed
  2. 122Power to confirm finding and sentence of General Force Court
  3. 123Power to confirm finding and sentence of Petty Force Court
  4. 124Limitation of powers of confirming authority
  5. 125Power of confirming authority to mitigate, remit or commute sentences
  6. 126Confirming of findings and sentences on board a ship
  7. 127Revision of finding or sentence
  8. 128Finding and sentence of a Summary Force Court
  9. 129Transmission of proceedings of Summary Force Court
  10. 130Alteration of finding or sentence in certain cases
  11. 131Remedy against order, finding or sentence of Force Court
  12. 132Annulment of proceedings

Chapter X EXECUTION OF SENTENCES, PARDONS, REMISSIONS, ETC. →

  1. 133Form of sentence of death
  2. 134Commencement of sentence of imprisonment
  3. 135Execution of sentence of imprisonment
  4. 136Temporary custody of offender
  5. 137Execution of sentence of imprisonment in special cases
  6. 138Conveyance of prisoner from place to place
  7. 139Communication of certain orders to prison officers
  8. 140Execution of sentence of fine
  9. 141Informality or error in the order or warrant
  10. 142Pardon and remission
  11. 143Cancellation of conditional pardon, release on parole or remission
  12. 144Suspension of sentence of imprisonment
  13. 145Orders pending suspension
  14. 146Release on suspension
  15. 147Computation of period of suspension
  16. 148Order after suspension
  17. 149Reconsideration of case after suspension
  18. 150Fresh sentence after suspension
  19. 151Scope of power of suspension
  20. 152Effect of suspension and remission on dismissal

Chapter XI MISCELLANEOUS →

  1. 153Rank structure
  2. 154Powers and duties conferrable and imposable on members of the Force
  3. 155Protection for acts of members of the Force
  4. 156Power to make rules
  5. 157Provisions as to existing Indo-Tibetan Border Police Force

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