Union of India - Act
The Border Security Force Rules, 1969
UNION OF INDIA
India
India
The Border Security Force Rules, 1969
Rule THE-BORDER-SECURITY-FORCE-RULES-1969 of 1969
- Published on 9 June 1969
- Commenced on 9 June 1969
- [This is the version of this document from 9 June 1969.]
- [Note: The original publication document is not available and this content could not be verified.]
319.
In exercise of the powers conferred by sub-sections (1) and (2) of section 141 of the Border Security Force Act, 1968 (47 of 1968), the Central Government hereby makes the following rules, namely:-Chapter I
Preliminary
1. Short title and application .-(1) These rules may be called the Border Security Force Rules, 1969.
2. Definitions .-In these rules, unless the context otherwise requires,-
3. Reports and applications
.-Any report or application directed by these rules to be made to a superior officer, or to a proper Force authority shall be made in writing through the proper channel, unless the said authority, on account of exigencies of service or otherwise, dispenses with the writing.4. Forms in appendices
.-(1) The forms set forth in the appendices, with such variations as the circumstances of each case may require, may be used for the respective purposes therein mentioned, and if used shall be sufficient, but a deviation from such forms shall not, by reason only of such deviation, render invalid any charge, warrant, order, proceedings or any other document relevant to these rules.5. Exercise of power vested in holder of an office in the Force
.-Any power or jurisdiction given to any person holding any office in the Force to do any act or thing to, or before any person, may, for the purposes of these rules, be exercised by any other person who may, for the time being, be performing the functions of that office in accordance with the rules and practice of the Force.6. Case unprovided for
.-In regard to any matter not specifically provided for in these rules, it shall be lawful for the competent authority to do such thing or take such action as may be just and proper in the circumstances of the case.Chapter II
Recruitment
7. [ Disqualification
.-No person,-8. Ineligibility of aliens .-No person who is not a citizen of India shall, except with the consent of the Central Government signified in writing, be appointed, enrolled or employed in the Force: Provided that nothing contained in this rule shall bar the appointment, enrolment or employment of a subject of Nepal, Sikkim or Bhutan in the Force.
9. Appointment of officers
.-The Central Government may appoint such persons as it considers to be suitable as officers in the Force, and their conditions of service shall be such as may be provided in the rules made in this behalf by the Central Government.10. Probation
.-(1) An officer on first appointment to the Force [* * * ] shall be on probation for a period of two years and the Central Government may, for reasons to be recorded in writing, extend the period of probation for such further period or periods not exceeding one year.11. Appointment of subordinate officers and under officers .-Appointments to the posts of Subedars, Sub-Inspectors and Under Officers for the Force may be made by the Inspector-General, the Deputy Inspector-General and the Commandant respectively,-
(a)by direct recruitment;(b)by deputation from the Army, Navy, Air Force, State Police Force, or any other Department of the Central Government or of the State Government;(c)by promotion as may be prescribed from time to time.[11-A. Commissions.-(1) Officers referred to in rule 9 and Subedars and Sub-Inspectors referred to in rule 11 may be granted commissions as such by the President.12. Enrolling officers .-For the purposes of enrolment of persons to the Force under section 6, the following persons shall be enrolling officers:-
13. Procedure for enrolment, mode of enrolment and other matters connected therewith
.-(1) Upon the appearance before the enrolling officer of any person desirous of being enrolled, the enrolling officer shall read and explain to him, or cause to be read and explained to him in his presence, the conditions of service for which he is to be enrolled; and shall put to him the questions contained in the form of enrolment set out in Appendix I and shall, after having cautioned him that if he makes a false answer to any such question he shall be liable to punishment under the Act, record or cause to be recorded his answer to each such question.Chapter III
Organisation
14. [ Constitution of the Force
.-(1) Border Security Force shall consist of-(a)Border Security Force (Regular);(b)Border Security Force (Auxiliary);15. The task of the Force and command and control thereto .-(1) For the purpose of sub-section (1) of section 4, the Force shall,-
(i)promote a sense of security among the people living in the border area;(ii)prevent trans-border crimes, unauthorised entry into or exit from the territory of India;(iii)prevent smuggling and any other illegal activity.16. Command .-(1) An officer appointed to command shall have the power of command, over all officers and men, irrespective of seniority placed under his command.
Chapter IV
Termination Of Service
17. Retirement on ground of unsuitability
.-(1) Where the Director-General is of the opinion that an officer is unfit to be retained in service, he may recommend to the Central Government that the officer be retired from service.18. Retirement on grounds of physical unfitness
.-(1) Where an officer not below the rank of a Deputy Inspector-General considers that an officer of the Force is unfit to perform his duties because of his physical conditions, the officer shall be brought before a medical board.19. Resignation
.-(1) The Central Government may, having regard to the special circumstances of any case, permit any officer of the Force to resign from the Force before the attainment of the age of retirement or before putting such number of years of service as may be necessary under the rules to be eligible for retirement:Provided that while granting such permission the Central Government may-(i)require the officer to refund to the Government such amount as would constitute the cost of training given to that officer [or three months pay and allowances, whichever is higher;] or[* * *] [Omitted by S.O. 166, dated 14.1.1998 (w.e.f. 24.1.1998). ][Provided further that an officer of the Force tendering resignation, for accepting a job under Central or State Governments or local bodies, after having been granted cadre clearance for the same [or who has completed 10 years of service] [SPAN class=amd1><A TITLE =] shall not be required to refund the sum as provided herein-above.]20. [ Termination of service of officers by the Central Government on account of misconduct .-(1) When it is proposed to terminate the service of an officer under section 10 on account of misconduct, he shall be given an opportunity to show cause in the manner specified in sub-rule (2) against such action:
Provided that this sub-rule shall not apply-(a)where the service is terminated on the ground of conduct which has led to his conviction by a Criminal Court or a Security Force Court; or(b)where the Central Government is satisfied that for reasons, to be recorded in writing, it is not expedient or reasonably practicable to give to the officer an opportunity of showing cause.21. [ Termination of service of officers by the Central Government on grounds other than misconduct .-(1) When the Director-General is satisfied that an officer is unsuitable to be retained in service, the officer-
(a)shall be so informed;(b)shall be furnished with particulars of all matters adverse to him; and(c)shall be called upon to urge any reasons he may wish to put forward in favour of his retention in the service:Provided that clauses (a), (b) and (c) shall not apply, if the Central Government is satisfied that, for reasons to be recorded by it in writing, it is not expedient or reasonably practicable to comply with the provisions thereof:Provided further that the Director-General may not furnish to the officer any matter adverse to him, if in his opinion, it is not in the interest of the security of the state to do so.22. Dismissal or removal of person other than officer on account of misconduct .-(1) When it is proposed to terminate the service of a person subject to the Act other than an officer, he shall be given an opportunity by the authority competent to dismiss or remove him, to show cause in the manner specified in sub-rule (2) against such action:
Provided that this sub-rule shall not apply -(a)where the service is terminated on the ground of conduct which has led to his conviction by a Criminal Court or a Security Force Court; or(b)where the competent authority is satisfied that, for reasons to be recorded in writing, it is not expedient or reasonably practicable to give the person concerned an opportunity of showing cause.23. Dismissal or removal by Central Government .-Where the Central Government is satisfied, for reasons to be recorded in writing that-
24. Retirement of subordinate officers and enrolled persons .-A subordinate officer or an enrolled person shall on the fulfilment of the terms and conditions of service under which he was appointed or enrolled be eligible to retire.
25. Retirement of subordinate officers and enrolled persons on grounds of physical unfitness
.-(1) Where a Commandant is satisfied that a Subedar, a Sub-Inspector or an enrolled person is unable to perform his duties by reason of any physical disability, he may direct that the said Subedar, Sub-Inspector or the enrolled person, as the case may be, to be brought before a Medical Board.26. Retirement of enrolled persons on grounds of unsuitability
.- [Where a Commandant is satisfied that an enrolled person is unsuitable to be retained in the Force, the Commandant may, after giving such enrolled person an opportunity of showing cause (except where he considers it to be impracticable or inexpedient in the interest of security of the State, to give such opportunity), retire such enrolled person from the Force.27. Retirement of subordinate officers on grounds of unsuitability .-(1) Where a Deputy Inspector-General is satisfied that a Sub-Inspector is unsuitable to be retained in the Force, he may, after giving such Sub-Inspector an opportunity of showing cause (except when he considers it to be impracticable or inexpedient in the interest of security of State, to give such opportunity), retire the said Sub-Inspector.
28. Power to be exercised by a superior officer or authority .-Any power conferred by the provisions of this Chapter on an officer may also be exercised by an officer or authority superior in command to the first mentioned officer.
[28-A. Petition.-Any person subject to the Act, who considers himself aggrieved by any order of termination of his service passed under this Chapter may, in the case of an officer, present a petition to the Central Government, in the case of an Assistant Sub-Inspector or a subordinate officer, present a petition to the Director-General and in the case of an enrolled person, present a petition to the Inspector-General, who may pass such orders on the petition as deemed fit:Provided that the limitation period for filing such petition shall be three months from the date of order of termination or from the date of its receipt, whichever is later. ]29. Passing of orders relating to absence from duty .-Where an order of dismissal or of removal or of retirement of a person subject to the Act is set aside, the officer or authority setting aside such dismissal, removal or retirement shall pass such orders as may be necessary in respect of the period of absence from duty of the person whose dismissal, removal or retirement has been set aside.
30. Date of dismissal, removal, resignation, retirement .-The effective date of dismissal, resignation or retirement shall be,-
Chapter V
Arrest And Investigation
31. Forms of arrest
.-(1) Arrest may be either open arrest or close arrest.32. Authority to order arrest
.-(1) No person subject to this Act shall be arrested on a charge under the Act except under and in accordance with the orders of a superior officer having power of command over him.33. Arrest how imposed
.-(A) Close arrest.-(1)(a) Close arrest in the case of enrolled persons shall be imposed by informing the person to be arrested and ordering him to be marched to the place of confinement under an escort of persons of similar or superior rank.(b)Where no such escort is available the person arrested shall be ordered to report himself immediately to the quarter guard or other place of confinement.34. Release from arrest during investigation
.-(1) Any person arrested under rule 33 may be released from arrest under the order of an Assistant Commandant, Deputy Commandant, Commandant or any officer superior to the Commandant.35. Release without prejudice to re-arrest
.-Pending the completion of the investigation or convening of a Court any person who has been placed under arrest may without prejudice to re-arrest be released by his Commandant or by any officer superior to his Commandant.36. Arrest when to be imposed
.-(1) Any person charged with,-(i)an offence under section 14, or clause (a) or clause (b) of section 16, or section 17 or section 20 or sub-section (1) of section 21;(ii)a civil offence punishable with death or imprisonment for life;(iii)any other offence under the Act,-(a)if the interest of discipline so requires, or(b)if the person concerned deliberately undermines discipline, or(c)if the person concerned is of violent disposition, or(d)if the person concerned is likely to absent himself with a view to avoid trial, or (e) if the person concerned is likely to interfere with witnesses or tamper with evidence, shall be placed under arrest.37. Special provision in case of arrest of intoxicated person
.-(1) Where an intoxicated person has been arrested, he shall, as far as possible, be confined separately and shall be visited by orderly officer or orderly subordinate officer or orderly under officer or under officer incharge of the guard, once every two hours.38. Arrest in case of person whose trial has been ordered
.-(1) Unless the convening officer has otherwise directed, on the commencement of the trial of a person by the Court, the said person shall be placed under arrest and shall remain under arrest during the trial.39. Delay reports
.-(1)(a) The report on reasons for delay as required under section 59 shall be in the form set out in Appendix II and it shall be sent by the Commandant to the Deputy Inspector-General under whom the accused may be serving.(b)A copy of the eighth delay report and every succeeding report thereof shall also be sent to the Inspector-General under whom the accused may be serving.40. Rights of a person under arrest
.-(1)(a) Any person placed under arrest shall, at the time of being placed under arrest, be given in writing by the officer effecting the arrest the particulars of the charges against him.(b)The said particulars shall be rendered in simple language and also explained to the accused.(c)Notwithstanding anything contained in clause (a), where during the investigation other offences committed by the accused are discovered, it shall be lawful to charge such person with those offences.Chapter VI
Choice Of Jurisdiction Between Security Force Court And Criminal Court
41. Trial of cases either by Security Force Court or Criminal Court .-(1) Where an offence is triable, both by a Criminal Court and a Security Force Court, an officer referred to in section 80 may,-
(i) (a)where the offence is committed by the accused in the course of the performance of his duty as a member of the Force; or(b)where the offence is committed in relation to property belonging to the Government or the Force or a person subject to the Act; or(c)where the offence is committed against a person subject to the Act, direct that any person subject to the Act, who is alleged to have committed such an offence, be tried by a Court, and(ii)in any other case, decide whether or not it would be necessary in the interests of discipline to claim for trial by a Court any person subject to the Act who is alleged to have committed such an offence.42. Cases not to be tried by Security Force Court
.-Without prejudice to the provisions of rule 41, an offender may not be claimed for trial by a Security Force Court-Chapter VII
Investigation And Summary Disposal
43. Offence report
.-Where it is alleged that a person subject to the Act [other than an officer or a subordinate officer] has committed an offence punishable thereunder the allegation shall be reduced to writing in the form set out in Appendix IV.44. [ Charge-sheet .-Where it is alleged that an officer or a subordinate officer has committed an offence punishable under the Act, the allegation shall be reduced to writing in the form set out in Appendix VI.]
45. Hearing of the charge against an enrolled person .-(1) The charge shall be heard by the Commandant of the accused-
(a)The charge and statements of witnesses if recorded shall be read over to the accused. If written statements of witnesses are not available, he shall hear as many witnesses as he may consider essential to enable him to determine the issue;(b)the accused shall be given an opportunity to cross-examine the witnesses and make a statement in his defence.45.
-B. Hearing of charge against an officer and a subordinate officer .-(1)(a) The charge against an officer or a subordinate officer shall be heard by his Commandant:Provided that charge against a Commandant, a Deputy Inspector-General or an Inspector-General may be heard either by an officer commanding a Unit or Headquarters to which the accused may be posted or attached or by his Deputy Inspector-General, or his Inspector-General or, as the case may be, the Director-General.[(b) The charge-sheet and statement of witnesses, if recorded and relevant documents, if any, shall be read over to the accused if he has not absconded or deserted:]Provided that where written statements of witnesses are not available, the officer, hearing the charge shall hear as many witnesses as he may consider essential to enable him to know about the case.(c)The accused if he has not absconded or deserted shall be given an opportunity to make a statement in his defence.46. Attachment to another unit .-The Commandant shall not deal with any case-
47. Charges not to be dealt with summarily
.-A charge for an offence under section 14 or section 15 or clauses (a) and (b) of section 16 or section 17 or clause (a) of section 18 or clause (a) of section 20 or clause (a) of section 24 or section 46 (other than that for simple hurt or theft) or a charge for abetment of or an attempt to commit any of these offences shall not be dealt with summarily.48. Record of evidence .-(1) [The officer ordering the record of evidence] may either prepare the record of evidence himself or detail another officer to do so.
49. Abstract of evidence .-(1) An abstract of evidence shall be prepared either by [the officer ordering it] or an officer detailed by him.
50. Investigation of cases by police .-Where the Commandant considers it necessary so to do, he may lodge a report with the police for investigation of any case.
51. Disposal of case [against an enrolled person] by Commandant after record or abstract of evidence
.-(1) Where an officer has been detailed to prepare the record of evidence or to make an abstract thereof, he shall forward the same to the Commandant.51.
-A. Disposal of case against an officer or a subordinate officer after preparation of record of evidence or abstract of evidence .-(1) Where an officer has been detailed to prepare the record of evidence or abstract thereof, he shall forward the same to the officer who ordered for its preparation.52. Application for a Court
.-An application for a Court shall be made by the Commandant in the form set out in Appendix V to these rules and shall be accompanied by five copies of the record or abstract of evidence and charge-sheet and such other documents as are mentioned in that application form.Chapter VIII
Charges And Matters Antecedent Of Trial
53. Charge-sheet
.-(1) A charge-sheet shall contain the whole of the issue or issues to be tried at one time and may contain more than one charge, if the charges are founded on the same facts or form part of a series of offences of the same or similar character:Provided that a charge under section 18, section 19, section 29 and section 32 may be included in any charge-sheet, notwithstanding that other charges in that charge-sheet are not founded on the same facts or do not form part of a series of offences of the same or similar character.54. Charges
. -(1) There shall be a separate charge for each offence.55. Joint charges
.-(1) Any number of accused may be charged jointly and tried together for an offence averred to have been committed jointly by them.56. Validity of charge-sheet
.-A charge-sheet shall not be invalid merely by reason of the fact that it contains any mistake in the name or description of the accused, and in the construction of a charge-sheet there shall be presumed in favour of supporting it every proposition which may reasonably be presumed to be impliedly included, though not expressed therein, and the statement of the offence and the particulars of the offence shall be read and construed together.57. Amendment of the charge by the Security Force Court
.-(1) At any time during a trial, if it appears to the Court that there is in the charge-sheet-(a)a mistake in the name or description of the accused; or(b)a mistake which is attributable to a clerical error or omission, the Court may amend the charge-sheet so as to correct the mistake.58. Amendment of charge by convening officer
.-When a Security Force Court reports to the convening officer under either rule 57 or rule 73, he may amend the charge in respect of which the Court has reported to him by making any addition to, omission from or alteration in the charge which, in his opinion, is desirable in the interests of justice and which he is satisfied can be made without unfairness to the accused.Convening of [General and Petty] Security Force Court59. Action by a Superior Authority on receiving an application for convening a Court .-(1) As soon as a superior officer receives an application for convening a Court, he shall scrutinise the charge and the evidence against the accused, where necessary in consultation with the Chief Law Officer or a Law Officer and he-
(i)shall direct the Commandant to dismiss the charge where the evidence against the accused is insufficient and further evidence is not likely to be available and may direct him to do so if he considers it inadvisable to proceed with the trial; or(ii)may return the case to Commandant for being tried by a Summary Security Force Court or being dealt with summarily if he considers that the same can be adequately so tried or dealt with; or(iii)may return the case for recording further evidence, if he considers the evidence recorded insufficient but considers that further evidence may be available.60. Disqualification of officers for serving on [General and Petty] Security Force Courts .-An officer shall be disqualified from serving on a Court if he-
61. Composition of General and Petty Security Force Courts .-(1) A Court shall consist, as far as practicable, of officers of different battalions [or units].
62. Duties of convening officer when convening Courts .-When an officer convenes a Court he shall-
63. Preparation of defence by the accused
.-(1) An accused, who has been remanded for trial, shall be afforded proper opportunity for preparing his defence and shall be allowed proper communication with his defending officer or counsel and with his witnesses.64. Summoning of defence witnesses
.-(1) Subject to the provisions of sub-rules (2) and (3), the Commandant shall, on a request made in this behalf by the accused, summon such witnesses as are specified by the accused.Chapter IX
Procedure For Security Force Courts
65. Assembly and swearing of Court
.-(1) Upon a Security Force Court assembling the Court shall, before beginning the trial, satisfy itself in closed Court-(a)that the Court has been convened in accordance with the Act and these rules;(b)that the Court consists of not less than the minimum number of officers required by law;(c)that the members are of the required rank;(d)that members have been duly appointed and are not disqualified under the Act;(e)that if there is a Law Officer he has been duly appointed;(f)that the accused appears from the charge-sheet, to be subject to the Act and to be subject to the jurisdiction of the Court; and(g)that each charge is correct in law and framed in accordance with these rules;66. Commencement of trial
.-(1) The order convening the Court and the names of the officers appointed to try the accused shall be read in the hearing of the accused who shall be given an opportunity to object to any of those officers in accordance with section 84 of the Act.67. Swearing or affirming of members
.-As soon as the Court is constituted with the proper number of officers who are not objected to or objections in respect of whom have been overruled, an oath or affirmation shall be administered to every member in presence of the accused in one of the following forms or in such other form to the same purport as the Court ascertains to be according to his religion or otherwise binding on his conscience.Forms of Oath"I,.........................................swear by Almighty God, that I will, well and truly, try the accused (or accused persons), before the Court, according to the evidence, and that I will, duly administer justice, according to the Border Security Force Act, 1968, without partiality, favour or affection; and I do further swear that I will not, on any account, at any time, whatsoever, disclose or discover, the vote or opinion of any particular member of the Court unless required to give evidence thereof by a Court of Law ".Form of Affirmation"I,.........................................do solemnly, sincerely and truly, declare and affirm, that I will well and truly, try the accused (or accused persons), before the Court, according to the evidence, and that I will, duly administer justice according to the Border Security Force Act, 1968, without partiality, favour or affection; and I do further solemnly, sincerely and truly declare and affirm that I will not, on any account at any time whatsoever, disclose or discover, the vote or opinion of any particular member of this Court unless required to give evidence thereof by a Court of Law ".68. Swearing or affirmation of Law Officer and other officers
.-After the members of the Court are all sworn or have made affirmation, an oath or affirmation shall be administered to the following persons or such of them as are present at the Court in such of the following forms as shall be appropriate, or in such other form to the same purport as the Court ascertains to be according to the religion or otherwise binding on the conscience of the person to be sworn or affirmed.69. Objection to interpreter or shorthand writer
.-A person shall not be sworn or affirmed as an interpreter or shorthand writer, if he is objected to by the accused unless the Court after hearing the accused and the prosecutor, disallows such objection as being unreasonable.70. Objection to Law Officer and Prosecutor
.-The accused shall not be permitted to object to the Law Officer or the Prosecutor.71. Arraignment .-(1) When the Court and the Law Officer (if any) have been sworn, the charge shall be read to the accused and shall be asked whether he pleads guilty or not guilty to the charge or charges.
72. Plea to jurisdiction
.-(1) The accused, before pleading to the charge, may offer a plea regarding the jurisdiction of the Court and in such a case-(a)the accused may adduce evidence in support of the plea and the prosecutor may adduce evidence in answer thereto ; and(b)the prosecutor may address the Court in answer to the plea and the accused may reply to the prosecutor 's address.73. Objection to the charge
.-(1) An accused before pleading to a charge may object to it on the grounds that it is not correct in law or is not framed in accordance with these rules and if he does so, the prosecutor may address the Court in answer to the objection and the accused may reply to the prosecutor 's address.74. Plea in bar of trial.-
75. Application for separate trial
.-(1) Where two or more accused are charged jointly, any one of the accused may, before pleading to the charge, apply to the Court to be tried separately on the ground that he would be prejudiced in his defence if he were not tried separately.76. Application for trial on separate charge-sheet
.-(1) Where a charge-sheet contains more than one charge, the accused may, before pleading to the charges, apply to the Court to be tried separately on any charge in that charge-sheet on the ground that he would be prejudiced in his defence if he were not tried separately on that charge.77. Pleading to the charge
.-(1) After any plea under rules 72 and 74, any objection under rule 73 and applications under rules 75 and 76 have been dealt with, the accused shall be required subject to sub-rule78. Acceptance of plea of guilty .-(1) Where an accused pleads guilty to a charge under either sub-rule (1) or sub-rule (2) of rule 77, the presiding officer or Law Officer shall, before the Court decides to accept the plea, explain to the accused the nature of the charge and the general effect of his plea and in particular the difference in procedure when an accused pleads guilty and when an accused pleads not guilty.
79. Plea on alternative charge
.-(1) When an accused pleads guilty to the first of two or more alternative charges, the Court, if it accepts the accused 's plea of guilty, shall record a finding of guilty in respect of the first charge and the prosecutor shall withdraw any alternative charge before the accused is arraigned on it.80. Order of trial where plea of guilty and not guilty
.-(1) After the Court has recorded a finding of guilty, if there is no other charge in the same charge-sheet to which the accused has pleaded not guilty and no other accused who has pleaded not guilty to a charge in that charge-sheet, it shall proceed with the trial as directed by rule 81.81. Procedure on plea of guilty
.-(1) When the Court has recorded a finding of guilty in respect of a charge to which an accused had pleaded guilty the prosecutor shall read the record or abstract of evidence to the Court or inform the Court of the facts contained therein:Provided that if an expurgated copy of the record or abstract of evidence was sent to the presiding officer, the prosecutor shall not read to the Court those parts of the record or abstract of evidence which have been expurgated or inform the Court of the facts contained in those parts, and shall not hand over the original record or abstract of evidence to the Court until the trial is concluded.[* * *].82. Change of plea .-(1) An accused who has pleaded not guilty may at any time before the Court closes to deliberate on its finding withdraw his plea of not guilty and substitute a plea of guilty [including a plea of guilty under rule 79 and in such a case the Court shall, if it is satisfied that it can accept the accused 's changed plea under these rules, record a finding in accordance with the accused 's changed plea and so far as is necessary proceed as directed by rule 81.
83. Procedure on pleas of not guilty
.-After a plea of not guilty to any charge has been recorded,-84. Opening address
.-(1) The prosecutor may, if he so desires, and shall, if required by the Court, make an opening address explaining the charge and the nature and general effect of the evidence which he proposes to adduce.85. Additional witness
.-Where the prosecutor intends to adduce evidence which is not contained in any record or abstract of evidence given to the accused notice of such intention together with the particulars of the evidence shall, when practicable, be given to the accused a reasonable time before the evidence is adduced. If such evidence is adduced without such notice or particulars having been given, the Court may, if the accused so desires either adjourn after receiving the evidence or allow any cross-examination arising out of that evidence to be postponed, and the Court shall inform the accused of his right to apply for such an adjournment or postponement.86. Dropping witnesses
.-The prosecutor shall not be bound to call all the witnesses against the accused whose evidence is contained in the record or abstract of evidence, or a witness when he has notified the accused that he intends to call under rule 85, but if the prosecutor does not intend to call such witness to give evidence, he shall either tender him for cross-examination by the accused, or give the accused reasonable notice that he does not intend to call the witness and that the accused will be allowed to communicate with him and to call him as a witness for the defence, if he so desires and if the witness is available.87. Withdrawal of witnesses
.-During a trial a witness other than the prosecutor or accused shall not, except by leave of the Court, be in Court while not under examination, and if while he is under examination a discussion arises as to whether a question is to be allowed or not with regard to his evidence the Court may direct the witness to withdraw during such discussion.88. Examination of witnesses
.-(1) A witness may be examined by the person calling him and may be cross-examined by the opposite party to the proceedings and on the conclusion of any such cross-examination may be re-examined by the person who called him on matters arising out of the cross-examination.89. Questioning by the Court
.-(1) The presiding officer, the Law Officer and any member of the Court may put questions to a witness.90. Reading over of evidence .-(1)(a) The record which has been made of the evidence given by a witness shall be read back to him before he leaves the Court and when this is done he may ask for the record to be corrected or explain the evidence which he has given.
(b)Where any such correction is made or explanation given, the prosecutor and the accused may put such questions to the witness respecting the correction or explanation as seem proper to the Court.91. Calling or recalling witnesses by the Court
.-(1)(a) The Court may at any time before it closes to deliberate on its finding or if there is a Law Officer before he begins to sum up, call a witness or recall a witness, if in the opinion of the Court it is in the interest of justice to do so.(b)Where the Court calls a witness or recalls a witness under this rule, the prosecutor and the accused may put such questions to the witness as seem proper to the Court.92. Submission of no case to answer and stopping of cases .-(1)(a) At the close of the case for the prosecution the accused may submit to the Court in respect of any charge that the prosecution has failed to establish a prima facie case for him to answer and that he should not be called upon to make his defence to that charge.
(b)Where the accused makes such submission the prosecutor may address the Court in answer thereto and the accused may reply to the prosecutor 's address.93. Case for the defence
.-(1) After the close of the case for the prosecution, the presiding officer or the Law Officer (if any) shall explain to the accused that,-(a)if he wishes, he may give evidence on oath as a witness or make a statement without being sworn but that he is not obliged to do either.(b)if he gives evidence on oath, he shall be liable to be cross-examined by the prosecutor and to be questioned by the Court.94. Witnesses for defence
.-(1) After rule 93 has been complied with, the witnesses for the defence (if any) shall be called to give their evidence.95. Witnesses in reply
.-After the witnesses for the defence have given their evidence the prosecutor may be by leave of the Court call a witness or recall a witness to give evidence on any matter raised by the accused in his defence which the prosecution could not properly have mentioned to the Court before the accused disclosed his defence or which the prosecution could not reasonably have foreseen.96. Closing addresses
.-(1) After all the evidence has been given, the prosecutor and the accused may each make a closing address to the Court.97. Summing up by Law Officer
.-After the closing address, if there is a Law Officer he shall sum up the evidence and advise the Court on the law relating to the case in open Court.98. Deliberation on finding. -
99. Record and announcement of finding
.- [(1) The finding on every charge upon which the accused is arraigned shall be recorded and, except as provided in these rules, shall be recorded simply as a finding of "Guilty "or of "Not Guilty ". After recording the finding on each charge, the Court shall give brief reasons in support thereof. The Law Officer or, if there is none, the Presiding Officer shall record or cause to be recorded such brief reasons in the proceedings. The above record shall be signed and dated by the presiding officer and the Law Officer, if any.]100. Procedure on acquittal .-If the finding on all the charges is "Not Guilty "the presiding officer shall affix his signature and date on the finding and such signature shall authenticate the whole of the proceedings, and the proceedings upon being signed by the Law Officer (if any) shall be at once transmitted for confirmation.
101. Procedure on conviction
.-(1) If the finding on any charge is "Guilty ", then, for the guidance of the Court in determining its sentence, and of the confirming authority in considering the sentence, the Court before deliberating on the sentence, shall, whenever possible, take evidence of and record the general character, age, service, rank, any recognised acts of gallantry or distinguished conduct of the accused, any previous convictions of the accused either by Security Force Court or a Criminal Court, any previous punishments awarded to him by an officer exercising authority under section 53 or 55, as the case may be, the length of time he has been in arrest or in confinement on any previous sentence, and any decoration, or reward, of which he may be in possession or to which he is entitled.102. Sentence
.-The Court shall award a single sentence in respect of all the offences of which the accused is found guilty, and such sentence shall be deemed to be awarded in respect of which it can be legally given and not to be awarded in respect of which it cannot be legally given.103. Recommendation for mercy
.-(1) Where the Court makes a recommendation to mercy it shall give its reasons for its recommendation.104. Announcement of the sentence and signing and transmission of proceedings.
105. Revision.
106. Confirmation and promulgation .-(1) When a confirming authority receives the record of the proceedings of a Court, it shall record its decision thereon and on any sentence and any order which the Court may have made under section 105 on the record of the proceedings in the appropriate form set out in Appendix VIII and such record of his decision shall form part of the record of the proceedings.
Chapter X
Procedure Of Security Force Courts And Incidental Matters
107. Seating of members .-The members of a Court shall take their seats according to their rank.
108. Responsibility of presiding officer .-(1) The presiding officer is responsible for the trial being conducted in proper order, and in accordance with the Act, rules made thereunder and in a manner befitting a Court of justice.
109. Power of Court over address of prosecutor and accused
.-(1) It is the duty of the prosecutor to assist the Court in the administration of justice, to behave impartially, to bring the whole of the transaction before the Court and not to take any unfair advantage of, or suppress any evidence in favour of the accused.110. Sitting in close Court
.-(1) A Court shall, where it is so directed by these rules, and may in any other case on any deliberation amongst the members, sit in closed Court.111. Continuity of trial and adjournment of Court
.-(1) When a Court is once assembled and the accused has been arraigned, the Court shall continue the trial from day-to-day in accordance with these rules unless it appears to the Court that an adjournment is necessary for the ends of justice or that such continuance is impracticable.112. Suspension of trial
.-Where, in consequence of anything arising while the Court is sitting, the Court is unable by reason of dissolution as specified in section 71 or otherwise, to continue the trial, the presiding officer or, in his absence the senior member present, shall immediately report the facts to the convening authority.113. Proceeding on death or illness of accused
.-In case of the death of the accused or of such illness of the accused as renders it impossible to continue the trial, the Court shall ascertain the fact of the death or illness by evidence and record the same and adjourn and transmit the proceedings to the convening authority.114. Death, retirement or absence of presiding officer
. - In the case of the death, retirement on challenge or unavoidable absence of the presiding officer, the next senior officer shall take the place of the presiding officer and the trial shall proceed if the Court is still composed of not less than the minimum number of officers of which it is required by law to consist.115. Presence throughout of all members of Court
.-(1) A member of a Court who has been absent while any part of the evidence on the trial of an accused person is taken, shall take no further part in the trial by that Court of that person, but the Court will not be affected unless it is reduced below the legal minimum.116. Taking of opinions of members of Court .-(1) Every member of a Court must give his opinion by word of mouth on every question which the Court has to decide, and must give his opinion as to the sentence notwithstanding that he has given his opinion in favour of acquittal.
117. Procedure on incidental questions
.-If any objection is raised on any matter of law, evidence, or procedure, by the prosecutor or by or on behalf of the accused during the trial, the prosecutor or the accused or counsel or the defending officer, as the case may be, shall have a right to answer the same and the person raising the objection shall have a right to reply.118. Evidence when to be translated
.-When any evidence is given in a language which any of the officers composing the Court, the accused or the Law Officer does not understand, it shall be translated into a language which he understands.119. Record in proceedings of transactions of a Security Force Court
.-(1) At a Court of the Officer or, if there is none, the presiding officer shall record or cause to be recorded all transactions of the Court, and shall be responsible for the accuracy of the record (in these rules referred to as the proceedings) and if the Law Officer is called as a witness by the accused, the presiding officer shall be responsible for the accuracy of the record in the proceedings, of the evidence of the Law Officer.120. Custody and inspection of proceedings
.-The proceedings shall be deemed to be in the custody of the Law Officer (if any), or, if there is none, of the presiding officer but may, with proper precaution for their safety, be inspected by the members of the Court, the prosecutor and accused, at all reasonable times before the Court is closed to consider the finding.121. [ Review of General/Petty Security Force Court proceedings
.-The proceedings of a General and Petty Security Force Court shall be sent by the person having the custody thereof to the Chief Law Officer for review, who shall then forward the same to the confirming authority.]122. Defending officer, friend of accused and counsel .-(1) At any General or Petty Security Force Court, an accused person may be represented by a counsel or by any officer subject to the Act who shall be called "the defending officer "or assisted by any person whose services he may be able to procure and who shall be called "the friend of the accused ".
123. Requirements for appearance of counsel
.-(1) An accused person intending to be represented by a counsel shall give to his Commandant or to the convening officer the earliest practicable notice of such intention, and, if no sufficient notice has been given, the Court may, if it thinks fit, on the application of the prosecutor, adjourn to enable him to obtain a counsel on behalf of the prosecutor at the trial.124. Disqualification of Law Officer
.-An officer who is disqualified for sitting on a Court, shall be disqualified for acting as a Law Officer at that Court.125. Substitution on death, illness or absence of Law Officer .-If the Law Officer dies, or from illness or from any cause whatever is unable to attend, the Court shall adjourn and the presiding officer shall report the circumstances to the convening officer; and a fit person may be appointed by that officer who shall be sworn or affirmed, and act as Law officer for the residue of the trial, or until the Law Officer returns.
126. Power and duties of Law Officer
.-(1) Where a Law Officer has been named to act on the Court, he shall,-(a)give his opinion on any question of law relating to the charge or trial whenever so required by the Court, the prosecutor or the accused;(b)inform the Court of any irregularity or other infirmity in the proceedings;(c)inform the convening officer and the Court of any infirmity or defect in the charge or in the constitution of the Court;(d)sum up the evidence and give his opinion on any question of law, before the Court proceeds to deliberate upon its findings.127. Finding of insanity
.-Where the Court finds either that the accused, by reason of unsoundness of mind, is incapable of making his defence, or that he committed the act alleged but was by reason of unsoundness of mind incapable of knowing the nature of the act or that it was wrong or contrary to law, the presiding officer or in the case of Summary Security Force Court, the officer holding the trial, shall affix his signature and the date on the finding which shall also be signed by the Law Officer (if any) and thereupon the proceedings shall, at once, be transmitted to the confirming authority or in the case of Summary Security Force Court to the Deputy Inspector-General empowered to counter-sign them.128. Preservation of proceedings
.-The proceedings of every Court shall, after promulgation, be forwarded, to the office of the Chief Law Officer and be preserved there for not less than seven years, or until the sentence awarded by the Court has expired, whichever is later.129. Right of person tried to copies of proceedings
.-Every person tried by a Security Force Court shall be entitled to obtain on demand, at any time after the confirmation of the finding and sentence, when such confirmation is required and before the proceedings are destroyed, from the Chief Law Officer a copy thereof, including the proceedings upon revision, if any.130. Copy of proceedings not to be given in certain cases
.-Notwithstanding anything contained in rule 129, if the Central Government is satisfied for reasons to be recorded that it is against the interests of the Security of the State or friendly relations with foreign States to supply a copy of the proceedings or any part thereof under the said rule, he shall not be furnished with such a copy:Provided that if the Central Government is satisfied that the person demanding the copy is desirous of submitting a petition in accordance with the Act or instituting any action in a Court of Law in relation to the finding or sentence, it shall permit inspection of the proceedings by such a person or his legal advisor, if any, on the following conditions, namely:-131. Loss of proceedings
.-(1) If, before confirmation, the original proceedings of a Court which require confirmation or any part thereof, are lost, a copy thereof, if any, certified by the presiding officer or the Law Officer at the Court may be accepted in lieu of the original.132. Offences by witnesses and others
.-When a Court is of opinion that there is ground for inquiring into any offence specified in sections 37 and 38 and committed before it or brought to its notice in the course of its proceedings, which would if done by a person subject to the Act, have constituted such an offence, such Court may proceed as follows, that is to say-Chapter XI
Summary Security Force Court
133. Proceedings .-The officer holding the trial, hereinafter in this Chapter called the Court, shall record, or cause to be recorded the transactions of every Summary Security Force Court.
134. Evidence when to be translated .-(1) When any evidence is given in a language which the Court or the accused does not understand, that evidence shall be translated to the Court or accused, as the case may be in a language which it or he does understand.
135. Assembly
.-When the Court, the interpreter (if any) and the officers and subordinate officers attending the trial are assembled, the accused shall be brought before the Court and the oath or affirmation prescribed in rule 136 shall be taken by the persons therein mentioned.136. Swearing or affirming of Court and interpreter
.-The Court shall take oath or affirmation in any one of the following forms or in such other form to the same purport which would, according to the religion or otherwise be binding on the conscience of the officer constituting the Court.Form of Oath"I,.........................................swear by Almighty God that I will duly administer justice, according to the Border Security Force Act, 1968 without partiality, favour or affection ".Form of Affirmation"I,.........................................do solemnly, sincerely and truly, declare and affirm that I will duly administer justice, according to the Border Security Force Act, 1968 without partiality, favour or affection ".137. Swearing of Court to try several accused persons
.-(1) A Summary Security Force Court may be sworn or affirmed at the same time to try any number of accused persons then present before it whether those persons are to be tried collectively or separately.138. Arraignment of accused
.-(1) After the Court and interpreter (if any) are sworn or affirmed as abovementioned, the accused shall be arraigned on the charges against him.139. Objection by accused to charge
.-The accused, when required to plead to any charge, may object to the charge on the ground that it does not disclose an offence under the Act, or is not in accordance with these rules.140. Amendment of charge
.-(1) At any time during the trial if it appears to the Court that there is mistake in the name or description of the accused in the charge-sheet, it shall amend the charge-sheet so as to correct that mistake.141. Special pleas
.-If a special plea to the general jurisdiction of the Court, or a plea in bar of trial, is offered by the accused, the procedure laid down in Chapter IX for disposing of such pleas shall, so far as may be applicable be followed.142. General plea of "Guilty "or "Not Guilty "
.-(1) The accused person 's plea of "Guilty "or "Not Guilty "(or if he refuses to plead or does not plead intelligibly either one or the other), a plea of "Not Guilty "shall be recorded on each charge.143. Procedure after plea of "Guilty "
.-(1) Upon the record of the plea of "Guilty ", if there are other charges in the same charge-sheet to which the plea is "Not Guilty ", the trial shall first proceed with respect to those other charges, and, after the finding on those charges, shall proceed with the charges on which a plea of "Guilty "has been entered, but if there are alternative charges, the Court may either proceed with respect to all the charges as if the accused had not pleaded "Guilty "to any charge or may, instead of trying him, record a finding of "Guilty "upon any one of the alternative charges to which he had pleaded "Guilty "and finding of "Not Guilty "upon all the other alternative charges which precede such charge.144. Withdrawal of plea of "Not Guilty "
.-The accused may, if he thinks fit at any time during the trial, withdraw his plea of "Not Guilty "and plead "Guilty "and in such case the Court shall at once, subject to compliance with sub-rule (2) of rule 142, record a plea and finding of "Guilty "and shall, so far as if necessary, proceed in manner directed by rule 143.145. Procedure after plea of "Not Guilty "
.-(1) After the plea of "Not Guilty "to any charge is recorded, the evidence for the prosecution will be taken.146. Witnesses in reply to defence .-The Court may, if it thinks it necessary in the interests of justice, call witnesses in reply to the defence.
147. Evidence of witnesses
.-The provisions of rules 88, 89 and 90 shall, so far as may be, apply to the evidence of witnesses at a Summary Security Force Court as they apply to the evidence of witnesses at a General or Petty Security Force Court.148. Verdict
.-The Court shall after the evidence for prosecution and defence has been heard, give its opinion as to whether the accused is guilty or not guilty of the charge or charges.149. Finding
.-(1) The finding on every charge upon which the accused is arraigned shall be recorded and except as mentioned in these rules shall be recorded simply as a finding of "Guilty "or of "Not Guilty ".150. Procedure on acquittal
.-Where the finding on each of the charges in a charge-sheet is "Not Guilty ", the Court shall affix its signature and date the proceedings, the findings will be announced in open Court, and the accused will be released if under arrest, in respect of these charges.151. Procedure on finding of "Guilty " .-(1) Where the finding on any charge is "Guilty "the Court may record of its own knowledge, or take evidence of any record, the general character, age, service, rank, and any recognised acts of gallantry, or distinguished conduct of the accused, and previous convictions of the accused either by a Security Force Court, or a Criminal Court, any previous punishment awarded to him by an officer exercising authority under section 53, the length of time he has been in arrest or in confinement of any previous sentence, and any decoration, or reward, or to which he may be in possession or to which he may be entitled.
152. Sentence .-The Court shall award one sentence in respect of all the offences of which the accused is found guilty.
153. Signing of proceedings
.-The Court shall affix its signature and the date to the sentence and such signature shall authenticate the whole of the proceedings.154. Charges in different charge-sheets
.-(1) When the charges at a trial by Summary Security Force Court are contained in different charge-sheets, the accused shall be tried on each charge-sheet separately up to and including the stage of finding.155. Clearing the Court .-(1) The officer holding the trial may clear the Court to consider the evidence or to consult with the officers, and subordinate officers, attending the trial.
156. Adjournment
.-(1) A Court may,-157. Friend of the accused
.-During a trial at a Summary Security Force Court an accused may take the assistance of any person, including a legal practitioner as he may consider necessary:Provided that such person shall not examine or cross-examine witnesses or address the Court.158. Memorandum to be attached to proceedings .-Where a Summary Security Force Court tries an offence which shall not ordinarily be tried without reference to an authority mentioned in sub-section (2) of section 74, an explanatory memorandum shall be attached to the proceedings.
159. Promulgation
.-The sentence of a Summary Security Force Court shall be promulgated, in the manner usual in the service, at the earliest opportunity after it has been pronounced and shall subject to the provisions of the Act, be carried out without delay after promulgation.160. Review of proceedings
.-The proceedings of a Summary Security Force Court shall immediately on promulgation, be forwarded through the Chief Law Officer, or a Law Officer to the Deputy Inspector-General under whom the accused may have been serving.161. Action by the Deputy Inspector-General
.-(1) Where the Deputy Inspector-General to whom the proceedings of a Summary Security Force Court have been forwarded under rule 160, is satisfied that injustice has been done to the accused by reason of any grave irregularity in the proceedings or otherwise, he may,-(a)set aside the proceedings of the Court; or(b)reduce the sentence or commute the punishment awarded to one lower in the scale of punishment given in [section 48 and return it to the unit of the accused for promulgation].Chapter XII
Execution Of Sentence
162. Direction about sentence of imprisonment .-(1) A confirming authority or in the case of a Summary Security Force Court, the Court shall direct that the sentence of imprisonment shall be undergone by confinement either in a civil prison or in Force Custody.
163. Warrants .-(1) Warrants for committing a person to a civil prison to undergo sentence of imprisonment or to get such person back into Force custody if so required or to order the release of such a person from civil prison or any variation done by any superior officer shall be in such form as may be appropriate to each case set out in Appendix X.
164. Warrant in case of sentences of death
.-(1) Where a person is sentenced to death by hanging, a warrant in the form set out in Appendix XI shall be sent by the Director-General to the Superintendent of the prison where facilities for carrying out such a sentence exist, after the sentence has been confirmed by the Central Government and the accused shall be committed to the same prison by his Commandant on the appropriate warrant.165. Changes in sentence
.-Where any change is made in the sentence of a person already committed to a civil prison, such change shall be communicated to the Superintendent of the prison to which such person has been committed by the Commandant or such other person as is mentioned in rule 163 on the form set out in Appendix XII.166. Sentence of dismissal
.-(1) Sentence of dismissal shall take effect from the date of promulgation of such sentence or from any subsequent date as may be specified at the time of promulgation.Chapter XIII
Petitions
167. Petitions against finding and sentence of Court
.-(1) A person subject to the Act who has been tried by a Court shall be allowed to put in one petition before confirmation, to the confirming authority and one petition after confirmation to any officer mentioned in section 117.168. Period of limitation
.-(1) A petition, before confirmation, shall be submitted, within one week of the conclusion of trial.169. Mode of submitting petitions
.-(1)(a) A petition, by a person who is still a member of the Force shall be submitted through his Commandant.(b)A petition, by a person who has ceased to be a member of the Force shall be submitted to the Commandant of the unit in which the trial was held.Chapter XIV
Courts Of Inquiry
170. [ Composition
.-A Court of inquiry may consist of one or more members, persons not subject to the Act may be appointed as members when the Court is to investigate matters of a specialised nature, and when officers subject to the Act with specialist qualifications are not available to be members.]171. Assembly .-A Court of inquiry may be assembled by order of a Commandant or any officer or authority superior to the Commandant.
172. Assembly order
.-The order assembling the Court of inquiry shall state the composition of the Court, the time and place for its assembly and clearly state the matters which the Court will investigate. It will also provide for the administrative requirements of the Court.173. Procedure of Courts of inquiry
.-(1) The proceedings of a Court of inquiry shall not be open to the public. Only such persons may attend the proceedings as are permitted by the Court to do so.174. Courts of inquiry when to be held
.-(1) A Court of inquiry may be held to investigate into any disciplinary matter or any other matter of importance.175. Action on the proceedings of a Court of inquiry
.-The proceedings of a Court of inquiry shall be submitted by the presiding officer to the officer or authority who ordered the Court. Such officer or authority on receiving the proceedings may either pass final orders on the proceedings himself, if he is empowered to do so, or refer them to a superior authority.176. Copies of Court of inquiry proceedings
.-A person subject to the Act against whom the Court of inquiry has given an opinion or who is being tried by a Security Force Court on a charge relating to matter investigated by the Court of inquiry, shall be entitled to copies of the proceedings of the Court of inquiry unless the Director-General orders otherwise.Chapter XV
Miscellaneous
177. Prescribed officer under section 11(2)
.-The Commandant may, under sub-section (2) of section 11, dismiss or remove from the service any person under his command other than a officer or a subordinate officer.178. Authority prescribed for the purposes of section 13(1)
.-The authority for the purposes of sub-section (1) of section 13 shall be-179. Extent of punishment
.-(1) If the Commandant is of and above the rank of a Deputy Commandant, he may award to the full extent one or more of the punishments specified in section 53.180. Manner of proceedings against a person under section 55(1)
.-The manner in which an officer shall under sub-section (1) of section 55 proceed against a person of or below the rank of a subordinate officer who is charged with an offence under the Act, be as set out in Appendix XIV.181. Repeal and savings .-(1) All rules and orders relating to the matters covered by these rules shall stand repealed in so far as they are inconsistent with any of the provisions of these rules. (2) Notwithstanding such repeal anything done or any action taken under the provisions of the rules or orders so repealed shall, in so far as such thing or action is not inconsistent with the provisions of these rules, be deemed to have been done or taken under the provisions of these rules as if the said provisions were in force when such thing was done or such action was taken and shall continue in force accordingly until superseded by anything done or any action taken under these rules.
Chapter XVI
182. Transitory provisions
.-Any rule or order applicable to the force on the date these rules come into force will unless repugnant to these rules, continue to apply unless and until abrogated or modified by the Central Government or any other competent authority.APPENDIX I(See rule 13)BORDER SECURITY FORCE RECRUITING FORMBlood group ....................................................General No ...................................................... Battalion..........................................................1. Name ........................................................ 2.Religion...................................................
3. Caste/Tribe ............................................. 4. Father's Name........................................
(In case of Scheduled Castes and Scheduled Tribes only)5. Heir ...........................................................
6. Date of Birth by Christian Era ...............................................................................................
(As nearly as can be ascertained).7. Height .............................................Cms. 8. Chest ............................................... Cms.
9. Identification Marks ..............................................................................................................
10. Residence .................................Village...................................Thana.....................................
District .............................................................State...............................................................11. Character and antecedents ....................................................................................................
verified by ...............................................................................................................................12. Occupation prior to enlistment ............................................................................................
13. Educational qualifications, if any .........................................................................................
14. Date of enrolment ...................................................................................................................
15. Enrolled as ...............................................................................................................................
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Part I
(QUESTIONS TO BE PUT BEFORE ENROLMENT)You are warned that if after enrolment, it is found that you have given a willfully false answer to any of the first twelve of the following questions you will be liable to be punished as provided in the Border Security Force Act, 1968.(All answers are to be written in Block letters)Questions:1. What is your Name?
(Underline Surname)2. (a) What is your place of birth?
State Village/Town, District and State of Birth.3. What is your permanent home address?
4.
5.
6. What are your educational qualifications? (Original Certificates, with one attested copy of each, are to be produced)
7. Are you married?*
If so, State8. (a) What is your father's name and address? If dead, state last address, District and State.
9. Are you or have you ever been a member of a party or organisation of a political, communal or cultural nature? If so, state the name of the party or, organisation with the period/periods of your membership therein.
10. (a) Are you in Government Service or have you been a Government servant? If so, state full particulars and the reason for discharge and confirm that you were never dismissed from any Government service.
11. (a) Do you now belong to any of the Armed Forces of India, the Reserves of any of the three services, the Auxiliary Air Force, the Territorial Army, any Police Force in India or the Nepal State Army or any of the Forces of a foreign country?
12. Have you ever been arrested, prosecuted, convicted imprisoned, bound over, interned, extended or otherwise dealt with under any law in force in India or outside? If so, State particulars.
13. Are you willing to be inoculated or re-inoculated and vaccinated or re-vaccinated?
14. Are you willing to be enrolled as a combatant in the Border Security Force?
15. Are you willing to go wherever ordered by land, sea or air and not to allow any caste or social usages to interfere with the duties for which you are enrolled?
16. Are you willing to serve, in the Border Security Force until discharged, in accordance with the conditions of service as specified in Part II of this form of, enrolment, provided that the President shall so long require your services?
17. Do you have any objections to take the following oath or to make the following affirmation at the time of your attestation?
Form of OathI.... ......................................................do swear in the name of God that I will bear true faith and allegiance to the Constitution of India as by law established and that I will, as in duty bound, honestly and faithfully serve in the Border Security Force, and go wherever ordered, by air, land or sea and that I will observe and obey all commands of the President of the Union of India and the commands of any officer set over me even to the peril of my life.Form of AffirmationI.......................................................... do solemnly, sincerely and truly declare and affirm that I will bear true faith and allegiance to the Constitution of India as by law established and that I will, as in duty bound, honestly and faithfully serve in the Border Security Force, and go wherever ordered by air, land or sea and that I will observe and obey all commands of the President of the Union of India and the commands of any officer set over me even to the peril of my life.CERTIFICATEI ..........................................................do solemnly declare that the answers furnished by me above are true....................................Signature of person enrolledPlace ...................Date :...................Left Thumb-impression of the person enrolled taken in the presence of the enrolling officer.......................................................... Signature.......................................................... Name of witness......................................................... Address.........................................................*(Name in Block letters).Part II
CONDITIONS OF SERVICE1. [ On enrolment, you shall be subject to the Border Security Force Act, 1968 and the Rules made thereunder.]
[* * *] [Omitted by S.O. 1040, dated 25.3.1996 (w.e.f. 6.4.1996). ][* * *] [Omitted by S.O. 1040, dated 25.3.1996 (w.e.f. 6.4.1996). ][2] [Renumbered by S.O. 1040, dated 25.3.1996 (w.e.f. 6.4.1996). ]. You are liable to be discharged during the [first two years] [Substituted by S.O. 436(E), dated 29.5.1990. ] of the service if you are not likely to become an efficient member of the Force.[3] [Renumbered by S.O. 1040, dated 25.3.1996 (w.e.f. 6.4.1996). ]. You will also be liable to be discharged if the Central Government decides to disband the Force or a portion of it.Certificate by the person to be enrolledI have understood the above conditions and agree to abide by them.......................................Signature of the person enrolledPlace ...................Date ....................The above conditions have been read/explained to the person being enrolled by me...........................................Signature of the Enrolling OfficerPlace ...................Date ....................Part III
HEALTH CERTIFICATEI do hereby certify that I have examined..........................................................candidate for employment in the Border Security Force. He fulfils medical standards laid down for the Border Security Force and I cannot discover that he has any disease, constitutional affliction or bodily infirmity. His age according to his own statement is ..................................................... years and by appearance..........................................................years.Height ..........................................................................Cms.Chest (a) Maximum ....................................................Cms.(b)Minimum .....................................................Cms........................................Signature of the Medical OfficerPlace ...................Date ....................DesignationAPPENDIX II(See rule 39)FORM OF DELAY REPORTConfidentialNo ..........................................................Unit address .........................................Date .......................................................To ...........................Subject: lst (2nd), (3rd), (4th), etc., Eight day delay report. Pursuant to the BSF Act section 59 and rule 39.1. No .........................................Rank................................Name.................................................
2. Offence ......................................................................................................................................
3. Date of offence ......................
4. Date of offence was discovered .............................................................................................
5. Date of (open/ close) arrest .....................................................................................................
6. Date of release to open arrest/release without prejudice to rearrest (if not released,
......................................................................................................................., reasons) ............................................7. Record of evidence made on (if not recorded, reasons) ......................................................
8. Application for trial made on .................................................................................................
9. Date due to be tried .................................................................................................................
10. Reason for delay ......................................................................................... ...........
(Commandant)Copy to:| Sl No | Date | Name Name of the Accused | Name of the Officer or Subordinate Officer to whom request or representation made | Particulars of the request or redpresentation | Order of commandant | Signature and date of the Officer or sub-ordinate Officer who conveys the orders of the Commandant to the accused | Remarks. |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| Place and date of offence | Offence | Plea | Name of witnesses | Punishment awarded | Signature,rank and designation of officer by whom awarded and date of award | Date of entry in conduct sheet | Remarks |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) |