The National Security Guard Act, 1986
Administered Ministry: Ministry of Home Affairs / Department of Internal Security
Section
Section 21 Disobedience to superior officer. 2 docs
(1) Any person subject to this Act who disobeys, in such manner as to show a wilful defiance of authority, any lawful command given personally by his superior officer in the execution of his office whether the same is given orally, or in writing or by signal or othrewise, shall, on conviction by a Security Guard 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.
(2) Any person subject to this Act who disobeys any lawful command given by his superior officer shall, on conviction by a Security Guard 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.
(2) Any person subject to this Act who disobeys any lawful command given by his superior officer shall, on conviction by a Security Guard 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 22 Assault and obstruction.
Any person subject to this Act who commits any of the following offences, that is to say,
(a) being concerned in any quarrel, affray or disorder, refuses to obey any officer, though of inferior rank, who orders him into arrest, or uses criminal force to or assaults any such officer; or
(b) uses criminal force to, or assaults any person, whether subject to this Act or not, in whose custody he is lawfully placed, and whether he is or is not his superior officer; or
(c) resists an escort whose duty it is to apprehend him or have him in charge; or
(d) breaks out of barracks, camp or quarters; or
(e) refuses to obey any general, local or other order,
shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may extend, in the case of offences specified in clauses (d) and (e), to two years, and in the case of the offences specified in the other clauses, to ten years, or in either case such less punishment as is in this Act mentioned.
(a) being concerned in any quarrel, affray or disorder, refuses to obey any officer, though of inferior rank, who orders him into arrest, or uses criminal force to or assaults any such officer; or
(b) uses criminal force to, or assaults any person, whether subject to this Act or not, in whose custody he is lawfully placed, and whether he is or is not his superior officer; or
(c) resists an escort whose duty it is to apprehend him or have him in charge; or
(d) breaks out of barracks, camp or quarters; or
(e) refuses to obey any general, local or other order,
shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may extend, in the case of offences specified in clauses (d) and (e), to two years, and in the case of the offences specified in the other clauses, to ten years, or in either case such less punishment as is in this Act mentioned.
Section 23 Certain forms of disgraceful conduct.
Any person subject to this Act who commits any of the following offences, that is to say,—
(a) is guilty of any disgraceful conduct of a cruel, indecent or unnatural kind; or
(b) malingers or feigns or produces disease or infirmity in himself or intentionally delays his cure or aggravates his disease or infirmity; or
(c) with intent to render himself or any other person unfit for service, voluntarily causes hurt to himself or that person,
shall, on conviction by a Security Guard 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) is guilty of any disgraceful conduct of a cruel, indecent or unnatural kind; or
(b) malingers or feigns or produces disease or infirmity in himself or intentionally delays his cure or aggravates his disease or infirmity; or
(c) with intent to render himself or any other person unfit for service, voluntarily causes hurt to himself or that person,
shall, on conviction by a Security Guard 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 24 Ill-treating a subordinate.
Any officer, Assistant Commander or Ranger Grade I, who uses criminal force to, or otherwise ill-treats, any person subject to this Act, being his subordinate in rank or position, shall, on conviction by a Security Guard 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 25 Drunkenness.
(1) Any person subject to this Act, who is found in a state of drunkenness, whether on duty or not, shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may extend to six months or such less punishment as is in this Act mentioned.
(2) For the purposes of sub-section (1), a person shall be deemed to be in a state of drunkenness if, owing to the influence of alcohol or any drug whether alone or in combination with any other substance, he is unfit to be entrusted with his duty or with any duty which he may be called upon to perform or behaves in a disorderly manner or in a manner likely to bring discredit to the Security Guard.
(2) For the purposes of sub-section (1), a person shall be deemed to be in a state of drunkenness if, owing to the influence of alcohol or any drug whether alone or in combination with any other substance, he is unfit to be entrusted with his duty or with any duty which he may be called upon to perform or behaves in a disorderly manner or in a manner likely to bring discredit to the Security Guard.
Section 26 Permitting escape of person in custody.
Any person subject to this Act who commits any of the following offences, that is to say,—
(a) when in command of a guard, picket, patrol, detachment or post, releases without proper authority, whether wilfully or without reasonable excuse, any person committed to his charge, or refuses to receive any prisoner or person so committed; or
(b) wilfully or without reasonable excuse allows to escape any person who is committed to his charge, or whom it is his duty to keep or guard,
shall, on conviction by a Security Guard Court, be liable, if he has acted wilfully, to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned; and if he has not acted wilfully, to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.
(a) when in command of a guard, picket, patrol, detachment or post, releases without proper authority, whether wilfully or without reasonable excuse, any person committed to his charge, or refuses to receive any prisoner or person so committed; or
(b) wilfully or without reasonable excuse allows to escape any person who is committed to his charge, or whom it is his duty to keep or guard,
shall, on conviction by a Security Guard Court, be liable, if he has acted wilfully, to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned; and if he has not acted wilfully, to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.
Section 27 Irregularity in connection with arrest or confinement.
Any person subject to this Act who commits any of the following offences, that is to say,—
(a) unnecessarily detains a person in arrest or confinement without bringing him to trial, or fails to bring his case before the proper authority for investigation; or
(b) having committed a person to Security Guard custody fails without reasonable cause to deliver at the time of such committal, or as soon as practicable, and in any case within forty-eight hours thereafter, to the officer or other person into whose custody the person arrested is committed, an account in writing signed by himself of the offence with which the person so committed is charged,
shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may extend to one year or such less punishment as is in this Act mentioned.
(a) unnecessarily detains a person in arrest or confinement without bringing him to trial, or fails to bring his case before the proper authority for investigation; or
(b) having committed a person to Security Guard custody fails without reasonable cause to deliver at the time of such committal, or as soon as practicable, and in any case within forty-eight hours thereafter, to the officer or other person into whose custody the person arrested is committed, an account in writing signed by himself of the offence with which the person so committed is charged,
shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may extend to one year or such less punishment as is in this Act mentioned.
Section 28 Escape from custody. 2 docs
Any person subject to this Act who, being in lawful custody, escapes or attempts to escape, shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned.
Section 29 Offences in respect of property.
Any person subject to this Act who commits any of the following offences, that is to say,—
(a) commits theft of any property belonging to the Government, or to any Security Guard mess, band or institution, or to any person subject to this Act; or
(b) dishonestly misappropriates or converts to his own use any such property; or
(c) commits criminal breach of trust in respect of any such property: or
(d) dishonestly receives or retains any such property in respect of which any of the offences under clauses (a), (b) and (c) has been committed, knowing or having reason to believe the commission of such offence; or
(e) wilfully destroys or injures any property of the Government entrusted to him; or
(f) does any other thing with intent to defraud, or to cause wrongful gain to one person or wrongful loss to another person,
shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned.
(a) commits theft of any property belonging to the Government, or to any Security Guard mess, band or institution, or to any person subject to this Act; or
(b) dishonestly misappropriates or converts to his own use any such property; or
(c) commits criminal breach of trust in respect of any such property: or
(d) dishonestly receives or retains any such property in respect of which any of the offences under clauses (a), (b) and (c) has been committed, knowing or having reason to believe the commission of such offence; or
(e) wilfully destroys or injures any property of the Government entrusted to him; or
(f) does any other thing with intent to defraud, or to cause wrongful gain to one person or wrongful loss to another person,
shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned.
Section 30 Extortion and exaction.
Any person subject to this Act who commits any of the following offences, that is to say,—
(a) commits extortion; or
(b) without proper authority exacts from any person money, provisions or service,
shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned.
(a) commits extortion; or
(b) without proper authority exacts from any person money, provisions or service,
shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned.
Section 31 Making away with equipment. 2 docs
Any person subject to this Act who commits any of the following offences, that is to say,—
(a) makes away with, or is concerned in making away with, any arms, ammunition, equipment, instruments, tools, clothing or any other thing being the property of the Government issued to him for his use or entrusted to him; or
(b) loses by neglect anything mentioned in clause (a); or
(c) sells, pawns, destroys or defaces any medal or decoration granted to him,
shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may extend, in the case of the offences specified in clause (a), to ten years, and in the case of the offences specified in the other clauses, to five years, or in either case such less punishment as is in this Act mentioned.
(a) makes away with, or is concerned in making away with, any arms, ammunition, equipment, instruments, tools, clothing or any other thing being the property of the Government issued to him for his use or entrusted to him; or
(b) loses by neglect anything mentioned in clause (a); or
(c) sells, pawns, destroys or defaces any medal or decoration granted to him,
shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may extend, in the case of the offences specified in clause (a), to ten years, and in the case of the offences specified in the other clauses, to five years, or in either case such less punishment as is in this Act mentioned.
Section 32 Injury to property.
Any person subject to this Act who commits any of the following offences, that is to say,—
(a) destroys or injures any property mentioned in clause (a) of section 31, or any property belonging to any Security Guard mess, band or institution, or to any person subject to this Act; or
(b) commits any act which causes damage to, or destruction of, any property of the Government by fire or in any other manner whatever; or
(c) kills, injures, makes away with, ill-treats or losses, any animal entrusted to him,
shall, on conviction by a Security Guard Court, be liable, if he has acted wilfully, to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned; and if he has acted without reasonable excuse, to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned.
(a) destroys or injures any property mentioned in clause (a) of section 31, or any property belonging to any Security Guard mess, band or institution, or to any person subject to this Act; or
(b) commits any act which causes damage to, or destruction of, any property of the Government by fire or in any other manner whatever; or
(c) kills, injures, makes away with, ill-treats or losses, any animal entrusted to him,
shall, on conviction by a Security Guard Court, be liable, if he has acted wilfully, to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned; and if he has acted without reasonable excuse, to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned.
Section 33 False accusations.
Any person subject to this Act who commits any of the following offences, that is to say,—
(a) makes a false accusation against any person subject to this Act, knowing or having reason to believe such accusation to be false; or
(b) in making a complaint against any person subject to this Act makes any statement affecting the character of such person, knowing or having reason to believe such statement to be false, or knowingly and wilfully suppresses any material fact,
shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned.
(a) makes a false accusation against any person subject to this Act, knowing or having reason to believe such accusation to be false; or
(b) in making a complaint against any person subject to this Act makes any statement affecting the character of such person, knowing or having reason to believe such statement to be false, or knowingly and wilfully suppresses any material fact,
shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned.
Section 34 Falsifying official documents and false declarations.
Any person subject to this Act who commits any of the following offences, that is to say,—
(a) in any report, return, list, certificate, book or other document made or signed by him, or of the contents of which it is his duty to ascertain the accuracy, knowingly makes, or is privy to the making of, any false or fraudulent statement; or
(b) in any document of the description mentioned in clause (a) knowingly makes, or is privy to the making of, any omission, with intent to defraud; or
(c) knowingly and with intent to injure any person, or knowingly and with intent to defraud, suppresses, defaces, alters or makes away with any document which it is his duty to preserve or produce; or
(d) where it is his official duty to make a declaration respecting any matter, knowingly makes a false declaration; or
(e) obtains for himself, or for any other person, any pension, allowance or other advantage or privilege by a statement which is false, and which he either knows or believes to be false or does not believe to be true, or by making or using a false entry in any book or record, or by making any document containing a false statement, or by omitting to make a true entry or document containing a true statement,
shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned.
(a) in any report, return, list, certificate, book or other document made or signed by him, or of the contents of which it is his duty to ascertain the accuracy, knowingly makes, or is privy to the making of, any false or fraudulent statement; or
(b) in any document of the description mentioned in clause (a) knowingly makes, or is privy to the making of, any omission, with intent to defraud; or
(c) knowingly and with intent to injure any person, or knowingly and with intent to defraud, suppresses, defaces, alters or makes away with any document which it is his duty to preserve or produce; or
(d) where it is his official duty to make a declaration respecting any matter, knowingly makes a false declaration; or
(e) obtains for himself, or for any other person, any pension, allowance or other advantage or privilege by a statement which is false, and which he either knows or believes to be false or does not believe to be true, or by making or using a false entry in any book or record, or by making any document containing a false statement, or by omitting to make a true entry or document containing a true statement,
shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned.
Section 35 False declaration on appointment.
Any person having become subject to this Act who is discovered to have made at the time of appointment a wilfully false statement or declaration in connection with his appointment, shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned.
Section 36 Offences relating to Security Guard Court. 2 docs
Any person subject to this Act who commits any of the following offences, that is to say,—
(a) being duly summoned or ordered to attend as a witness before a Security Guard Court, wilfully or without reasonable excuse, makes default in attending; or
(b) refuses to take an oath or make an affirmation legally required by a Security Guard Court to be taken or made; or
(c) refuses to produce or deliver any document in his power or control legally required by a Security Guard Court to be produced or delivered by him; or
(d) refuses, when a witness, to answer any question which he is by law bound to answer; or
(e) is guilty of contempt of the Security Guard Court by using insulting or threatening language, or by causing any interruption or disturbance in the proceedings of such court,
shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned
(a) being duly summoned or ordered to attend as a witness before a Security Guard Court, wilfully or without reasonable excuse, makes default in attending; or
(b) refuses to take an oath or make an affirmation legally required by a Security Guard Court to be taken or made; or
(c) refuses to produce or deliver any document in his power or control legally required by a Security Guard Court to be produced or delivered by him; or
(d) refuses, when a witness, to answer any question which he is by law bound to answer; or
(e) is guilty of contempt of the Security Guard Court by using insulting or threatening language, or by causing any interruption or disturbance in the proceedings of such court,
shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned
Section 37 False evidence. 2 docs
Any person subject to this Act who, having been duly sworn or affirmed before any Security Guard Court, or before any officer competent under this Act to administer oath or affirmation or before a Court of inquiry constituted under this Act, 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 Security Guard 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 38 Unlawful detention of pay.
Any officer, Assistant Commander or Ranger Grade I 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 Security Guard 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 39 Unbecoming conduct.
Any officer or Assistant Commander who behaves in a manner unbecoming of his position and the character expected of him shall, on conviction by a Security Guard Court, be liable to be dismissed or to suffer such less punishment as is in this Act mentioned.
Section 40 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 Security Guard shall, on conviction by a Security Guard 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.