Subsequent fitness of lunatic accused for trial
Section 100 of the Border Security Force Act, 1968 deals with subsequent fitness of lunatic accused for trial. Where any accused person, having been found by reason of unsoundness of mind to be incapable of making his defence, is in custody or under detention under section 99, any officer prescribed in this behalf, may— (a) if such person is in custody under sub-section (4) of section 99, on the report of a The Act came into force on 01 Mar 1969.
Where any accused person, having been found by reason of unsoundness of mind to be incapable of making his defence, is in custody or under detention under section 99, any officer prescribed in this behalf, may—
(a) if such person is in custody under sub-section (4) of section 99, on the report of a medical officer that he is capable of making his defence, or
(b) if such person is detained in a jail under sub-section (5) of section 99, on a certificate of the Inspector General of Prisons, and if such person is detained in a lunatic asylum under the said sub-section, on a certificate of any two or more of the visitors of such asylum and if he is detained in any other place under that sub-section, on a certificate of the prescribed authority, that he is capable of making his defence, take steps to have such person tried by the same or another Security Force Court for the offence with which he was originally charged or, if the offence is a civil offence, by a criminal court.
Section 100, The Border Security Force Act, 1968 (Act 47 of 1968).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Questions about Section 100
What does Section 100 of the Border Security Force Act deal with?
Section 100 of the Border Security Force Act is headed "Subsequent fitness of lunatic accused for trial". Where any accused person, having been found by reason of unsoundness of mind to be incapable of making his defence, is in custody or under detention under section 99, any officer prescribed in this behalf, may— (a) if such person is in custody under sub-section (4) of section 99, on the report of a
How do I find court cases under Section 100 of the Border Security Force Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Border Security Force Act 100, section 100 Border Security Force Act, section 100 of the Border Security Force Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 100 of the Border Security Force Act, and has it changed?
Its own text turns on section 99 (Lunacy of accused), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it.
When did Section 100 of the Border Security Force Act come into force?
Section 100 of the Border Security Force Act, cited as Border Security Force Act 100, came into force on 01 Mar 1969, having been enacted on 02 Sep 1968. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions660 words
- 141. Power to make rules501 words
- 96. Presumption as to certain documents470 words
- 139. Powers and duties conferrable and imposable on members of the Force410 words
- 14. Offences in relation to the enemy and punishable with death321 words
- 105. Order for disposal of property regarding which offence is committed297 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 17 Oct 2026. This page is not a substitute for legal advice.