The Indo-Tibetan Border Police Force Act, 1992
Administered Ministry: Ministry of Home Affairs / Department of Internal Security
Section
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 date1 as the Central Government may, by notification, appoint.
(2) It shall come into force on such date1 as the Central Government may, by notification, appoint.
1. 30th May, 1994, vide notification No. S.O. 414(E), dated 28th May, 1994, see Gazette of India, Extraordinary, Part II, sec. 3(ii).
Section 2 Definitions. 1 docs
(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 order 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 the Force constituted as a battalion by the Central Government;
(c) "civil offence" means an offence which is triable by a criminal court;
(d) "civil prison" means any jail or place used for the detention of any criminal prisoner under the Prisons Act, 1894 (9 of 1894), or under any other law for the time being in force;
(e) "commanding officer", used in relation to a person subject to this Act, means an officer for the time being in command of the unit or any separate portion of the Force to which such person belongs or is attached;
(f) "criminal court" means a court of ordinary criminal justice in any part of India and includes a Court of a special Judge appointed under the Criminal Law Amendment Act, 1952 (46 of 1952);
(g) "Deputy Inspector-General" and "Additional Deputy Inspector-General" mean respectively a Deputy Inspector-General and an Additional Deputy Inspector-General of the Force appointed under section 5;
(h) "Director-General" and "Additional Director-General" mean respectively the Director-General and an Additional Director-General of the Force appointed under section 5;
(i) "enemy" includes all armed mutineers, armed rebels, armed rioters, pirates and any person in arms against whom it is the duty of any person subject to this Act to take action;
(j) "enrolled person" means an under-officer or other person enrolled under this Act;
(k) "Force" means the Indo-Tibetan Border Police Force;
(l) "Force Court" means a Court referred to in section 76;
(m) "Force custody" means the arrest or confinement of a member of the Force according to rules;
(n) "Inspector-General" means the Inspector-General of the Force appointed under section 5;
(o) "Judge Attorney-General", "Additional Judge Attorney-General", "Deputy Judge Attorney-General" and "Judge Attorney" mean respectively the Judge Attorney-General, an Additional Judge Attorney-General, a Deputy Judge Attorney-General and a Judge Attorney of the Force appointed in the appropriate rank by the Central Government;
(p) "member of the Force" means an officer, a subordinate officer, an under-officer or other enrolled person;
(q) "notification" means a notification published in the Official Gazette;
(r) "offence" means any act or omission punishable under this Act and includes a civil offence;
(s) "officer" means a person appointed or in pay as an officer of the Force, but does not include a subordinate officer or an under-officer;
(t) "prescribed" means prescribed by rules made under this Act;
(u) "rule" means a rule made under this Act;
(v) "subordinate officer" means a person appointed or in pay as a Subedar Major, a Subedar or a Sub-Inspector of the Force;
(w) "superior officer", when used in relation to a person subject to this Act, means--
(i) any member of the Force to whose command such person is for the time being subject in accordance with the rules;
(ii) any officer of a higher rank or class or of a higher grade in the same class,
and includes, when such person is not an officer, a subordinate officer or an under-officer of a higher rank, class or grade;
(x) "under-officer" means a Head Constable, a Naik or a Lance Naik of the Force;
(y) "unit" includes--
(a) any body of officers and other members of the Force for which a separate authorised establishment exists;
(b) any separate body of persons subject to this Act employed on any service and not attached to a unit as aforesaid;
(c) any other separate body of persons composed wholly or partly of persons subject to this Act and specified as a unit by the Central Government;
(z) all words and expressions used and not defined in this Act but defined in the Indian Penal Code (45 of 1860), the Army Act, 1950 (45 of 1950) or the National Security Guard Act, 1986 (47 of 1986), shall have the meanings respectively assigned to them in that Code or those Acts.
(2) In this Act, references to any law not in force in the State of Jammu and Kashmir* shall be construed as references to the corresponding law in force in that State.
(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 order 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 the Force constituted as a battalion by the Central Government;
(c) "civil offence" means an offence which is triable by a criminal court;
(d) "civil prison" means any jail or place used for the detention of any criminal prisoner under the Prisons Act, 1894 (9 of 1894), or under any other law for the time being in force;
(e) "commanding officer", used in relation to a person subject to this Act, means an officer for the time being in command of the unit or any separate portion of the Force to which such person belongs or is attached;
(f) "criminal court" means a court of ordinary criminal justice in any part of India and includes a Court of a special Judge appointed under the Criminal Law Amendment Act, 1952 (46 of 1952);
(g) "Deputy Inspector-General" and "Additional Deputy Inspector-General" mean respectively a Deputy Inspector-General and an Additional Deputy Inspector-General of the Force appointed under section 5;
(h) "Director-General" and "Additional Director-General" mean respectively the Director-General and an Additional Director-General of the Force appointed under section 5;
(i) "enemy" includes all armed mutineers, armed rebels, armed rioters, pirates and any person in arms against whom it is the duty of any person subject to this Act to take action;
(j) "enrolled person" means an under-officer or other person enrolled under this Act;
(k) "Force" means the Indo-Tibetan Border Police Force;
(l) "Force Court" means a Court referred to in section 76;
(m) "Force custody" means the arrest or confinement of a member of the Force according to rules;
(n) "Inspector-General" means the Inspector-General of the Force appointed under section 5;
(o) "Judge Attorney-General", "Additional Judge Attorney-General", "Deputy Judge Attorney-General" and "Judge Attorney" mean respectively the Judge Attorney-General, an Additional Judge Attorney-General, a Deputy Judge Attorney-General and a Judge Attorney of the Force appointed in the appropriate rank by the Central Government;
(p) "member of the Force" means an officer, a subordinate officer, an under-officer or other enrolled person;
(q) "notification" means a notification published in the Official Gazette;
(r) "offence" means any act or omission punishable under this Act and includes a civil offence;
(s) "officer" means a person appointed or in pay as an officer of the Force, but does not include a subordinate officer or an under-officer;
(t) "prescribed" means prescribed by rules made under this Act;
(u) "rule" means a rule made under this Act;
(v) "subordinate officer" means a person appointed or in pay as a Subedar Major, a Subedar or a Sub-Inspector of the Force;
(w) "superior officer", when used in relation to a person subject to this Act, means--
(i) any member of the Force to whose command such person is for the time being subject in accordance with the rules;
(ii) any officer of a higher rank or class or of a higher grade in the same class,
and includes, when such person is not an officer, a subordinate officer or an under-officer of a higher rank, class or grade;
(x) "under-officer" means a Head Constable, a Naik or a Lance Naik of the Force;
(y) "unit" includes--
(a) any body of officers and other members of the Force for which a separate authorised establishment exists;
(b) any separate body of persons subject to this Act employed on any service and not attached to a unit as aforesaid;
(c) any other separate body of persons composed wholly or partly of persons subject to this Act and specified as a unit by the Central Government;
(z) all words and expressions used and not defined in this Act but defined in the Indian Penal Code (45 of 1860), the Army Act, 1950 (45 of 1950) or the National Security Guard Act, 1986 (47 of 1986), shall have the meanings respectively assigned to them in that Code or those Acts.
(2) In this Act, references to any law not in force in the State of Jammu and Kashmir* shall be construed as references to the corresponding law in force in that State.
*. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh.
Section 3 Persons subject to this Act. 1 docs
(1) The following persons appointed (whether on deputation or in any other manner) in the Force 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 repatriated, retired, released, discharged, removed or dismissed from the Force in accordance with the provisions of this Act and the rules.
(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 repatriated, retired, released, discharged, removed or dismissed from the Force in accordance with the provisions of this Act and the rules.
Section 4 Constitution of the Force. 1 docs
(1) There shall be an armed force of the Union called the Indo-Tibetan Border Police Force for ensuring the security of the borders of India and performing such other duties as may be entrusted to it by the Central Government.
(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.
(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.
Section 5 Control, direction, etc. 1 docs
(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 Additional Directors-General, Inspectors-General, Deputy Inspectors-General, Additional Deputy Inspectors-General, Commandants and other officers as may be appointed by the Central Government.
(2) The Director-General shall, in the discharge of his duties under this Act, be assisted by such number of Additional Directors-General, Inspectors-General, Deputy Inspectors-General, Additional Deputy Inspectors-General, Commandants and other officers as may be appointed by the Central Government.
Section 6 Enrolment.
The persons to be enrolled to the Force, the mode of enrolment, and the procedure for enrolment shall be such as may be prescribed.
Section 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.
Section 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.
(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.
Section 9 Tenure of service under the Act.
Every person subject to this Act shall hold office during the pleasure of the President.
Section 10 Termination of service by Central Government. 1 docs
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.
Section 11 Dismissal, removal or reduction by the Director-General and by other officers. 1 docs
(1) The Director-General, any Additional Director-General or Inspector-General may dismiss or remove from the service or reduce to a lower grade or rank or ranks any person subject to this Act other than an officer.
(2) An officer not below the rank of Additional 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 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 the rules.
(2) An officer not below the rank of Additional 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 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 the rules.
Section 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 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.
(a) the authority terminating his service;
(b) the cause for such termination; and
(c) the full period of his service in the Force.
Section 13 Restrictions respecting right to form association, freedom of speech, etc. 1 docs
(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, artistic or scientific character or is of a prescribed nature.
Explanation.—If any question arises as to whether any society, institution, association or organisation is of a purely social, recreational or religious nature under clause (b) of this sub-section, the decision of the Central Government thereon shall be final.
(2) No person subject to this Act shall participate in, or address, any meeting or take part in any demonstration organised by any body of persons for any political purposes or for such other purposes as may be prescribed.
(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, artistic or scientific character or is of a prescribed nature.
Explanation.—If any question arises as to whether any society, institution, association or organisation is of a purely social, recreational or religious nature under clause (b) of this sub-section, the decision of the Central Government thereon shall be final.
(2) No person subject to this Act shall participate in, or address, any meeting or take part in any demonstration organised by any body of persons for any political purposes or for such other purposes as may be prescribed.
Section 14 Remedy of aggrieved persons other than officers.
(1) Any person subject to this Act other than an officer who deems himself wronged by any superior or other officer may complain to the officer under whose command he is serving.
(2) When the officer complained against is the officer to whom any complaint should, under sub-section (1), be preferred, the aggrieved person may complain to such officers next superior officer.
(3) Every officer receiving any such complaint shall make as complete an investigation into it as may be possible for giving full redress to the complainant, or when necessary, refer the complaint to a superior authority.
(4) The Director-General may revise any decision made under any of the foregoing sub-sections, but, subject thereto, such decision shall be final.
(2) When the officer complained against is the officer to whom any complaint should, under sub-section (1), be preferred, the aggrieved person may complain to such officers next superior officer.
(3) Every officer receiving any such complaint shall make as complete an investigation into it as may be possible for giving full redress to the complainant, or when necessary, refer the complaint to a superior authority.
(4) The Director-General may revise any decision made under any of the foregoing sub-sections, but, subject thereto, such decision shall be final.
Section 15 Remedy of aggrieved officers.
Any officer who deems himself wronged by his commanding officer or any other superior officer and who, on due application made to his commanding officer or such other superior officer, does not receive the redress to which he considers himself entitled, may complain to the Director-General or the Central Government through proper channel.
Section 16 Offences in relation to the enemy or terrorist and punishable with death. 1 docs
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 any other law relating to military, naval, air force or any other armed force of the Union 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 or terrorist, 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, terrorist or any person in arms against the Union; or
(e) directly or indirectly assists the enemy or terrorist with money, arms ammunition, stores or supplies or in any other manner whatsoever; or
(f) in time of active operation against the enemy or terrorist, intentionally occasions a false alarm in action, camp, quarters or spreads or causes to be spread reports calculated to create alarm or despondency; or
(g) in time of action leaves his commanding officer or other superior officer or his post, guard, picket, patrol or party without being regularly relieved or without leave; or
(h) having been captured by the enemy or made a prisoner of war, voluntarily serves with or aids the enemy; or
(i) knowingly harbours or protects an enemy, not being a prisoner; or
(j) being a sentry in time of active operation against the enemy or alarm, sleeps upon his post or is intoxicated; or
(k) knowingly does any act calculated to imperil the success of the Force or the military, naval or air force of India or any forces co-operating therewith or any part of such forces,
shall, on conviction by a Force Court, be liable to suffer death or such less punishment as is in this Act mentioned.
(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 any other law relating to military, naval, air force or any other armed force of the Union 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 or terrorist, 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, terrorist or any person in arms against the Union; or
(e) directly or indirectly assists the enemy or terrorist with money, arms ammunition, stores or supplies or in any other manner whatsoever; or
(f) in time of active operation against the enemy or terrorist, intentionally occasions a false alarm in action, camp, quarters or spreads or causes to be spread reports calculated to create alarm or despondency; or
(g) in time of action leaves his commanding officer or other superior officer or his post, guard, picket, patrol or party without being regularly relieved or without leave; or
(h) having been captured by the enemy or made a prisoner of war, voluntarily serves with or aids the enemy; or
(i) knowingly harbours or protects an enemy, not being a prisoner; or
(j) being a sentry in time of active operation against the enemy or alarm, sleeps upon his post or is intoxicated; or
(k) knowingly does any act calculated to imperil the success of the Force or the military, naval or air force of India or any forces co-operating therewith or any part of such forces,
shall, on conviction by a Force Court, be liable to suffer death or such less punishment as is in this Act mentioned.
Section 17 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 commanding officer or other superior officer,
shall, on conviction by a 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.
(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 commanding officer or other superior officer,
shall, on conviction by a 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.
Section 18 Offences punishable more severely on active duty than at other times. 1 docs
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, watchward or countersign to any person not entitled to receive it; or knowingly gives a parole, watchward or a countersign different from what he received,
shall, on conviction by a Force Court,—
(i) if he commits any 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
(ii) if he commits any such offence when not on active duty, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.
(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, watchward or countersign to any person not entitled to receive it; or knowingly gives a parole, watchward or a countersign different from what he received,
shall, on conviction by a Force Court,—
(i) if he commits any 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
(ii) if he commits any such offence when not on active duty, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.
Section 19 Mutiny. 1 docs
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 airforce 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 commanding officer or other superior officer; or
(e) endeavours to seduce any person in the Force or in the military, naval or air force of India or any forces co-operating therewith from his duty or allegiance to the Union,
shall, on conviction by a Force Court, be liable to suffer death or such less punishment as is in this Act mentioned.
(a) begins, incites, causes or conspires with any other person to cause any mutiny in the Force or in the military, naval or airforce 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 commanding officer or other superior officer; or
(e) endeavours to seduce any person in the Force or in the military, naval or air force of India or any forces co-operating therewith from his duty or allegiance to the Union,
shall, on conviction by a Force Court, be liable to suffer death or such less punishment as is in this Act mentioned.
Section 20 Desertion and aiding desertion. 1 docs
(1) Any person subject to this Act who deserts or attempts to desert the service shall, on conviction by a 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 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 person subject to this Act who, being cognizant of any desertion or attempt at desertion of a person subject to this Act, does not forthwith give notice to his own or some other superior officer, or take any steps in his power to cause such person to be apprehended, shall, on conviction by a Force Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.
(4) For the purposes of this Act, a person deserts,—
(a) if he absents from his unit or the place of duty at any time with the intention of not reporting back to such unit or place, or who, at any time and under any circumstances when absent from his unit or place of duty, does any act which shows that he has an intention of not reporting to such unit or place of duty;
(b) if he absents himself without leave with intent to avoid any active duty.
(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 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 person subject to this Act who, being cognizant of any desertion or attempt at desertion of a person subject to this Act, does not forthwith give notice to his own or some other superior officer, or take any steps in his power to cause such person to be apprehended, shall, on conviction by a Force Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.
(4) For the purposes of this Act, a person deserts,—
(a) if he absents from his unit or the place of duty at any time with the intention of not reporting back to such unit or place, or who, at any time and under any circumstances when absent from his unit or place of duty, does any act which shows that he has an intention of not reporting to such unit or place of duty;
(b) if he absents himself without leave with intent to avoid any active duty.