The Indo-Tibetan Border Police Force Act, 1992
Administered Ministry: Ministry of Home Affairs / Department of Internal Security
Section
Section 41 False evidence. 1 docs
Any person subject to this Act who, having been duly sworn or affirmed before any Force Court or other court competent under this Act to administer an oath or affirmation, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, 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.
Section 42 Unlawful detention of pay.
Any officer, subordinate officer or under-officer who, having received the pay of a person subject to this Act unlawfully detains or refuses to pay the same when due, shall, on conviction by a 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.
Section 43 Violation of good order and discipline.
Any person subject to this Act who is guilty of any act or omission which, though not specified in this Act, is prejudicial to good order and discipline of the Force 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.
Section 44 Miscellaneous offences.
Any person subject to this Act who commits any of the following offences, that is to say,—
(a) being in command at any post or on the march, and receiving a complaint that any one under his command has beaten or otherwise maltreated or oppressed any person, or has disturbed any fair or market, or committed any riot or trespass, fails to have due reparation made to the injured person or to report the case to the proper authority; or
(b) by defiling any place of worship, or otherwise, intentionally insults the religion, or wounds the religious feelings of any person; or
(c) attempts to commit suicide, and in such attempt does any act towards the commission of such offence; or
(d) being below the rank of subordinate officer, when off duty, appears without proper authority, in or about camp, or in or about, or when going to, or returning from, any town or bazar, carrying a rifle, sword or other offensive weapon; or
(e) directly or indirectly accepts or obtains, or agrees to accept, or attempts to obtain, for himself or for any other person, any gratification as a motive or reward for procuring the enrolment of any person, or leave of absence, promotion or any other advantage or indulgence for any person in the service; or
(f) commits any offence against the property or person of any inhabitant of, or resident in, the country in which he is serving,
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.
(a) being in command at any post or on the march, and receiving a complaint that any one under his command has beaten or otherwise maltreated or oppressed any person, or has disturbed any fair or market, or committed any riot or trespass, fails to have due reparation made to the injured person or to report the case to the proper authority; or
(b) by defiling any place of worship, or otherwise, intentionally insults the religion, or wounds the religious feelings of any person; or
(c) attempts to commit suicide, and in such attempt does any act towards the commission of such offence; or
(d) being below the rank of subordinate officer, when off duty, appears without proper authority, in or about camp, or in or about, or when going to, or returning from, any town or bazar, carrying a rifle, sword or other offensive weapon; or
(e) directly or indirectly accepts or obtains, or agrees to accept, or attempts to obtain, for himself or for any other person, any gratification as a motive or reward for procuring the enrolment of any person, or leave of absence, promotion or any other advantage or indulgence for any person in the service; or
(f) commits any offence against the property or person of any inhabitant of, or resident in, the country in which he is serving,
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.
Section 45 Attempt.
Any person subject to this Act who attempts to commit any of the offences specified in sections 16 to 44 (both inclusive) and in such attempt does any act towards the commission of the offence shall, on conviction by a Force Court, where no express provision is made by this Act for the punishment of such attempt, be liable,—
(a) if the offence attempted to be committed is punishable with death, 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 the offence attempted to be committed is punishable with imprisonment, to suffer imprisonment for a term which may extend to one-half of the longest term provided for that offence or such less punishment as is in this Act mentioned.
(a) if the offence attempted to be committed is punishable with death, 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 the offence attempted to be committed is punishable with imprisonment, to suffer imprisonment for a term which may extend to one-half of the longest term provided for that offence or such less punishment as is in this Act mentioned.
Section 46 Abetment of offences that have been committed.
Any person subject to this Act who abets the commission of any of the offences specified in sections 16 to 44 (both inclusive) shall, on conviction by a Force Court, if the act abetted is committed in consequence of the abetment and no express provision is made by this Act for the punishment of such abetment, be liable to suffer the punishment provided for that offence or such less punishment as is in this Act mentioned.
Section 47 Abetment of offences punishable with death and not Committee.
Any person subject to this Act who abets the commission of any of the offences punishable with death under sections 16, 19 and sub-section (1) of section 20 shall, on conviction by a Force Court, if that offence be not committed in consequence of the abetment, and no express provision is made by this Act for the punishment of such abetment, 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 48 Abetment of offences punishable with imprisonment and not committed.
Any person subject to this Act who abets the commission of any of the offences specified in sections 16 to 44 (both inclusive) and punishable with imprisonment shall, on conviction by a Force Court, if that offence be not committed in consequence of the abetment, and no express provision is made by this Act for the punishment of such abetment, be liable to suffer imprisonment for a term which may extend to onehalf of the longest term provided for that offence or such less punishment as is in this Act mentioned.
Section 49 Civil offences. 1 docs
Subject to the provisions of section 50, any person subject to this Act who at any place in, or beyond, India commits any civil offence shall be deemed to be guilty of an offence against this Act and, if charged therewith under this section shall be liable to be tried by a Force Court and, on conviction, be punishable as follows, that is to say,—
(a) if the offence is one which would be punishable under any law in force in India with death, he shall be liable to suffer any punishment, assigned for the offence, by the aforesaid law and such less punishment as is in this Act mentioned; and
(b) in any other case, he shall be liable to suffer any punishment, assigned for the offence by the law in force in India, or imprisonment for a term which may extend to seven years, or such less punishment as is in this Act mentioned.
(a) if the offence is one which would be punishable under any law in force in India with death, he shall be liable to suffer any punishment, assigned for the offence, by the aforesaid law and such less punishment as is in this Act mentioned; and
(b) in any other case, he shall be liable to suffer any punishment, assigned for the offence by the law in force in India, or imprisonment for a term which may extend to seven years, or such less punishment as is in this Act mentioned.
Section 50 Civil offences not triable by a Force Court.
A person subject to this Act who commits an offence of murder or culpable homicide not amounting to murder against, or of rape in relation to, a person not subject to this Act shall not be deemed to be guilty of an offence against this Act and shall not be tried by a Force Court, unless he commits any of the said offences—
(a) while on active duty; or
(b) at any place outside India; or
(c) at any place specified by the Central Government by notification, in this behalf.
(a) while on active duty; or
(b) at any place outside India; or
(c) at any place specified by the Central Government by notification, in this behalf.
Section 51 Punishment awardable by Force Courts. 1 docs
(1) Punishments may be inflicted in respect of offences committed by persons subject to this Act and convicted by Force Courts according to the scale following, that is to say,—
(a) death;
(b) imprisonment which may be for the term of life or any other lesser term but excluding imprisonment for a term not exceeding three months in Force custody;
(c) dismissal or removal from the service;
(d) compulsory retirement from the service;
(e) imprisonment for a term not exceeding three months in Force custody;
(f) reduction to the ranks or to a lower rank or grade or a place in the list of their rank in the case of an under-officer;
(g) reduction to next lower rank in case of an officer or subordinate officer:
Provided that no officer shall be reduced to a rank lower than the one to which he was initially appointed;
(h) forfeiture of seniority of rank and forfeiture of all or any part of the service for the purpose of promotion;
(i) forfeiture of service for the purpose of increased pay or pension;
(j) fine, in respect of civil offences;
(k) severe reprimand or reprimand except in the case of persons below the rank of an under-officer;
(l) forfeiture of pay and allowances for a period not exceeding three months for an offence committed on active duty;
(m) forfeiture in the case of person sentenced to dismissal from the service of all arrears of pay and allowances and other public money due to him at the time of such dismissal;
(n) stoppage of pay and allowances until any proved loss or damage occasioned by the offence for which he is convicted is made good.
(2) Each of the punishments specified in sub-section (1) shall be deemed to be inferior in degree to every punishment preceding it in the above scale.
(a) death;
(b) imprisonment which may be for the term of life or any other lesser term but excluding imprisonment for a term not exceeding three months in Force custody;
(c) dismissal or removal from the service;
(d) compulsory retirement from the service;
(e) imprisonment for a term not exceeding three months in Force custody;
(f) reduction to the ranks or to a lower rank or grade or a place in the list of their rank in the case of an under-officer;
(g) reduction to next lower rank in case of an officer or subordinate officer:
Provided that no officer shall be reduced to a rank lower than the one to which he was initially appointed;
(h) forfeiture of seniority of rank and forfeiture of all or any part of the service for the purpose of promotion;
(i) forfeiture of service for the purpose of increased pay or pension;
(j) fine, in respect of civil offences;
(k) severe reprimand or reprimand except in the case of persons below the rank of an under-officer;
(l) forfeiture of pay and allowances for a period not exceeding three months for an offence committed on active duty;
(m) forfeiture in the case of person sentenced to dismissal from the service of all arrears of pay and allowances and other public money due to him at the time of such dismissal;
(n) stoppage of pay and allowances until any proved loss or damage occasioned by the offence for which he is convicted is made good.
(2) Each of the punishments specified in sub-section (1) shall be deemed to be inferior in degree to every punishment preceding it in the above scale.
Section 52 Alternative punishments awardable by Force Courts.
Subject to the provisions of this Act, a Force Court may, on convicting a person subject to this Act of any of the offences specified in sections 16 to 48 (both inclusive) award either the particular punishment with which the offence is stated in the said sections to be punishable or, in lieu thereof, any one of the punishments lower in the scale set out in section 51 regard being had to the nature and degree of the offence.
Section 53 Combination of punishments.
A Force Court may award in addition to, or without, any other punishment, the punishment specified in clause (c) of sub-section (1) of section 51, or any one or more of the punishments specified in clauses (f) to (n) (both inclusive) of that sub-section.
Section 54 Retention in the force of a person convicted on active duty.
When on active duty an enrolled person has been sentenced by a Force Court to imprisonment whether combined with dismissal or not, the prescribed officer may direct that such person may be retained to serve in the ranks, and such service shall be reckoned as part of his term of imprisonment.
Section 55 Punishments otherwise than by Force Courts.
Punishments may also be inflicted in respect of offences committed by persons subject to this Act without the intervention of a Force Court in the manner stated in sections 56, 58 and 59.
Section 56 Minor punishments. 1 docs
(1) Subject to the provisions of section 57, a commanding officer of and above the rank of Commandant may, in the prescribed manner, proceed against a person subject to this Act, other than an officer or a subordinate officer, who is charged with an offence under this Act and award such person, to the extent prescribed, one or more of the following punishments, that is to say,—
(a) imprisonment in Force custody up to twenty-eight days;
(b) detention up to twenty-eight days;
(c) confinement to the lines up to twenty-eight days;
(d) extra guards or duties;
(e) deprivation of any special position or special emoluments or any acting rank;
(f) severe reprimand or reprimand;
(g) fine up to fourteen days pay in any one month;
(h) deductions from his pay and allowances of any sum required to make good any loss or damage occasioned by the offence for which he is punished.
(2) If any unit, training centre or other establishment of the Force is being temporarily commanded by an officer of the rank of Second-in-Command or Deputy Commandant, such officer shall have full powers of a commanding officer specified in sub-section (1).
(3) Subject to the provisions of section 57, a Deputy Commandant or an Assistant Commandant, commanding a company or a detachment or an outpost, shall have the power to proceed against a person subject to this Act, other than an officer or a subordinate officer, who is charged with an offence under this Act and award such person to the extent prescribed, one or more of the punishments specified in clauses (a) to (d) and (h) of sub-section (1) provided that the maximum limit of punishment awarded under each of the clauses (a), (b) and (c) shall not exceed fourteen days.
(4) A subordinate officer not below the rank of Sub-Inspector who is commanding a detachment or an outpost shall have the powers to proceed against a person subject to this Act, other than a subordinate officer or an under-officer, who is charged with an offence under this Act and award such person to the extent prescribed, one or more of the punishments specified under clauses (c) and (d) of sub-section (1) provided that the maximum limit of punishment awarded under clause (c) shall not exceed fourteen days.
(a) imprisonment in Force custody up to twenty-eight days;
(b) detention up to twenty-eight days;
(c) confinement to the lines up to twenty-eight days;
(d) extra guards or duties;
(e) deprivation of any special position or special emoluments or any acting rank;
(f) severe reprimand or reprimand;
(g) fine up to fourteen days pay in any one month;
(h) deductions from his pay and allowances of any sum required to make good any loss or damage occasioned by the offence for which he is punished.
(2) If any unit, training centre or other establishment of the Force is being temporarily commanded by an officer of the rank of Second-in-Command or Deputy Commandant, such officer shall have full powers of a commanding officer specified in sub-section (1).
(3) Subject to the provisions of section 57, a Deputy Commandant or an Assistant Commandant, commanding a company or a detachment or an outpost, shall have the power to proceed against a person subject to this Act, other than an officer or a subordinate officer, who is charged with an offence under this Act and award such person to the extent prescribed, one or more of the punishments specified in clauses (a) to (d) and (h) of sub-section (1) provided that the maximum limit of punishment awarded under each of the clauses (a), (b) and (c) shall not exceed fourteen days.
(4) A subordinate officer not below the rank of Sub-Inspector who is commanding a detachment or an outpost shall have the powers to proceed against a person subject to this Act, other than a subordinate officer or an under-officer, who is charged with an offence under this Act and award such person to the extent prescribed, one or more of the punishments specified under clauses (c) and (d) of sub-section (1) provided that the maximum limit of punishment awarded under clause (c) shall not exceed fourteen days.
Section 57 Limit of punishments under section 56.
(1) In the case of an award of two or more of the punishments specified in clauses (a), (b), (c) and (d) of sub-section (1) of section 56, the punishments specified in clause (c) or clause (d) shall take effect only at the end of the punishment specified in clause (a) or clause (b).
(2) When two or more of the punishments specified in clauses (a), (b) and (c) of sub-section (1) of section 56 are awarded to a person conjointly, or when already undergoing one or more of the said punishments, the whole extent of the punishments shall not exceed in the aggregate forty-two days.
(3) The punishments specified in clauses (a), (b) and (c) of sub-section (1) of section 56 shall not be awarded to any person who is of the rank of an under-officer or was, at the time of committing the offence for which he is punished, of such rank.
(4) The punishment specified in clause (f) of sub-section (1) of section 56 shall not be awarded to any person below the rank of an under-officer.
(2) When two or more of the punishments specified in clauses (a), (b) and (c) of sub-section (1) of section 56 are awarded to a person conjointly, or when already undergoing one or more of the said punishments, the whole extent of the punishments shall not exceed in the aggregate forty-two days.
(3) The punishments specified in clauses (a), (b) and (c) of sub-section (1) of section 56 shall not be awarded to any person who is of the rank of an under-officer or was, at the time of committing the offence for which he is punished, of such rank.
(4) The punishment specified in clause (f) of sub-section (1) of section 56 shall not be awarded to any person below the rank of an under-officer.
Section 58 Punishment of persons of or below the rank of Commandant by Inspectors-General and others. 1 docs
(1) An officer not below the rank of Inspector-General may, in the prescribed manner, proceed against an officer of or below the rank of Commandant who is charged with an offence under this Act and award one or more of the following punishments, that is to say,—
(a) forfeiture of seniority, or in the case of any of them whose promotion depends upon length of service, forfeiture of service for the purpose of promotion for a period not exceeding one year, but subject to the right of the accused previous to the award to elect to be tried by a Force Court;
(b) severe reprimand or reprimand;
(c) deduction from pay and allowances of any sum required to make good any proved loss or damage occasioned by the offence of which he is convicted.
(2) An officer not below the rank of Additional Deputy Inspector-General may, in the prescribed manner, proceed against a person of or below the rank of Subedar-Major who is charged with an offence under this Act and award one or more of the following punishments, that is to say,—
(a) forfeiture of seniority, or in the case of any of them whose promotion depends upon the length of service, forfeiture of service for the purpose of promotion for a period not exceeding one year, but subject to the right of the accused previous to the award to elect to be tried by a Force Court;
(b) severe reprimand or reprimand;
(c) deduction from pay and allowances of any sum required to make good any proved loss or damage occasioned by the offence of which he is convicted.
(3) An officer not below the rank of Commandant may, in the prescribed manner, proceed against a person of or below the rank of Subedar-Major who is charged with an offence under this Act and award any one or both of the following punishments, that is to say,—
(a) severe reprimand or reprimand;
(b) deduction from pay and allowances of any sum required to make good any proved loss or damage occasioned by the offence of which he is convicted.
(a) forfeiture of seniority, or in the case of any of them whose promotion depends upon length of service, forfeiture of service for the purpose of promotion for a period not exceeding one year, but subject to the right of the accused previous to the award to elect to be tried by a Force Court;
(b) severe reprimand or reprimand;
(c) deduction from pay and allowances of any sum required to make good any proved loss or damage occasioned by the offence of which he is convicted.
(2) An officer not below the rank of Additional Deputy Inspector-General may, in the prescribed manner, proceed against a person of or below the rank of Subedar-Major who is charged with an offence under this Act and award one or more of the following punishments, that is to say,—
(a) forfeiture of seniority, or in the case of any of them whose promotion depends upon the length of service, forfeiture of service for the purpose of promotion for a period not exceeding one year, but subject to the right of the accused previous to the award to elect to be tried by a Force Court;
(b) severe reprimand or reprimand;
(c) deduction from pay and allowances of any sum required to make good any proved loss or damage occasioned by the offence of which he is convicted.
(3) An officer not below the rank of Commandant may, in the prescribed manner, proceed against a person of or below the rank of Subedar-Major who is charged with an offence under this Act and award any one or both of the following punishments, that is to say,—
(a) severe reprimand or reprimand;
(b) deduction from pay and allowances of any sum required to make good any proved loss or damage occasioned by the offence of which he is convicted.
Section 59 Review of proceedings.
(1) In every case in which punishment has been awarded under section 58, certified true copies of the proceedings shall be forwarded, in the prescribed manner, by the officer awarding the punishment to the prescribed superior authority who may, if the punishment awarded appears to him to be illegal, unjust or excessive, cancel, vary or remit the punishment and make such other direction as may be appropriate in the circumstances of the case.
(2) For the purpose of sub-section (1), a "superior authority" means,—
(a) any officer superior in command to such officer who has awarded the punishment;
(b) in the case of punishment awarded by Director-General, the Central Government.
(2) For the purpose of sub-section (1), a "superior authority" means,—
(a) any officer superior in command to such officer who has awarded the punishment;
(b) in the case of punishment awarded by Director-General, the Central Government.
Section 60 Collective fines. 1 docs
(1) Whenever any weapon or part of a weapon, or ammunition, forming part of the equipment of a unit, is lost or stolen, a commanding officer not below the rank of the Commandant of that unit may, after making such enquiry as he thinks fit and subject to the rules, impose a collective fine upon the subordinate officers, under-officers and men of such unit, or upon so many of them as, in his judgment, should be held responsible for such loss or theft.
(2) Such fine shall be assessed as a percentage of the pay of the individuals on whom it falls.
(2) Such fine shall be assessed as a percentage of the pay of the individuals on whom it falls.