Insubordination and obstruction
Section 22 of the Border Security Force Act, 1968 deals with insubordination 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; The Act came into force on 01 Mar 1969.
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 to have him in charge; or
(d) breaks out of barracks, camp or quarters; or
(e) neglects to obey any general, local or other order; or
(f) impedes the Force Police referred to in section 63 or any person lawfully acting on his behalf, or when called upon, refuses to assist in the execution of his duty a Force Police or any person lawfully acting on his behalf,
shall on conviction by a Security Force Court, be liable to suffer imprisonment for a term which may extend, in the case of the 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 22, 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
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Ex-Constable Ramvir Singh v. Union of India & Ors.
Court's Decision & Legal Precedent
SC upheld Summary Security Force Court dismissal of a BSF constable who pleaded guilty to refusing meals and pack-drill while undergoing 7 days' RI. Held s.22 (insubordination and obstruction) is wide: a member of the Force remains subject to the Act even while in internal force custody, and refusal to obey general/local/other orders falls under s.22(e). Doctrine of proportionality / Ranjit Thakur not attracted where punishment is simpliciter dismissal in a disciplinary uniformed force and no mitigating medical proof. DATE VERIFIED Judgement 18.12.2008 (order-4.pdf); body ends New Delhi; December 18, 2008 (false WRONG DOCUMENT flag from embedded historical dates — same pattern as wave228/229).
On this section: s.22 Insubordination and obstruction — custody does not take a BSF member outside the Act; neglect to obey orders while undergoing RI is s.22(e) misconduct supporting SSFC dismissal.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 22
What have the courts held on Section 22 of the Border Security Force Act?
Ex-Constable Ramvir Singh v. Union of India & Ors. (18 Dec 2008) is the leading judgment on this section among those set out below: s.22 Insubordination and obstruction — custody does not take a BSF member outside the Act; neglect to obey orders while undergoing RI is s.22(e) misconduct supporting SSFC dismissal.
How do I find court cases under Section 22 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 22, section 22 Border Security Force Act, section 22 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. 1 reported judgment on this section is set out on this page, beginning with Ex-Constable Ramvir Singh v. Union of India & Ors. (18 Dec 2008).
What should I read with Section 22 of the Border Security Force Act, and has it changed?
Its own text turns on section 63 (Force police officers), so none of them can safely be read on its own.
When did Section 22 of the Border Security Force Act come into force?
Section 22 of the Border Security Force Act, cited as Border Security Force Act 22, 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.