Alteration of finding or sentence in certain cases
Section 116 of the Border Security Force Act, 1968 deals with alteration of finding or sentence in certain cases. Where a finding of guilty by a Security Force Court, which has been confirmed or which does not require confirmation, is found for any reason to be invalid or cannot be supported by the evidence, the authority which would have had power under section 128 to commute the punishment awarded by the sent The Act came into force on 01 Mar 1969.
(1) Where a finding of guilty by a Security Force Court, which has been confirmed or which does not require confirmation, is found for any reason to be invalid or cannot be supported by the evidence, the authority which would have had power under section 128 to commute the punishment awarded by the sentence, if the finding had been valid may substitute a new finding and pass a sentence for the offence specified or involved in such finding:
Provided that no such substitution shall be made unless such finding could have been validly made by the Security Force Court on the charge and unless it appears that the Security Force Court must have been satisfied of the facts establishing the said offence.
(2) Where a sentence passed by a Security Force Court which has been confirmed, or which does not require confirmation, not being a sentence passed in pursuance of a new finding substituted under sub-section (1), is found for any reason to be invalid, the authority referred to in sub-section (1) may pass a valid sentence.
(3) The punishment awarded by a sentence passed under sub-section (1) or sub-section (2) shall not be higher in the scale of punishments than, or in excess of, the punishment awarded by, the sentence for which a new sentence is substituted under this section.
(4) Any finding substituted, or any sentence passed, under this section shall, for the purposes of this Act and the rules, have effect as if it were a finding or sentence, as the case may be, of a Security Force Court.
Section 116, 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 116
What does Section 116 of the Border Security Force Act deal with?
Section 116 of the Border Security Force Act is headed "Alteration of finding or sentence in certain cases". Where a finding of guilty by a Security Force Court, which has been confirmed or which does not require confirmation, is found for any reason to be invalid or cannot be supported by the evidence, the authority which would have had power under section 128 to commute the punishment awarded by the sent
How do I find court cases under Section 116 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 116, section 116 Border Security Force Act, section 116 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 116 of the Border Security Force Act, and has it changed?
Its own text turns on section 128 (Pardon and remission), so none of them can safely be read on its own.
When did Section 116 of the Border Security Force Act come into force?
Section 116 of the Border Security Force Act, cited as Border Security Force Act 116, 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 18 Oct 2026. This page is not a substitute for legal advice.