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Section74
The Border Security Force Act, 1968

Powers of a Summary Security Force Court

In force From 01 Mar 1969 Act 47 of 1968 As on 15 Oct 2026

Act 47 of 1968 Ministry Home Affairs Enacted 02 Sep 1968 In force 01 Mar 1969 Cited by 1 provision

Section 74 of the Border Security Force Act, 1968 deals with powers of a Summary Security Force Court. Subject to the provisions of sub-section (2), a Summary Security Force Court may try any offence punishable under this Act. The Act came into force on 01 Mar 1969.

(1) Subject to the provisions of sub-section (2), a Summary Security Force Court may try any offence punishable under this Act.

(2) When there is no grave reason for immediate action and reference can without detriment to discipline be made to the officer empowered to convene a Petty Security Force Court for the trial of the alleged offender, an officer holding a Summary Security Force Court shall not try without such reference any offence punishable under any of the sections 14, 17 and 46 of this Act, or any offence against the officer holding the court.

(3) A Summary Security Force Court may try any person subject to this Act and under the command of the officer holding the court, except an officer, or a subordinate officer.

(4) A Summary Security Force Court may pass any sentence which may be passed under this Act except the sentence of death or of imprisonment for a term exceeding the limit specified in sub-section (5).

(5) The limit referred to in sub-section (4) shall be,—

(a) one year, if the officer holding the Security Force Court has held either the post of Superintendent of Police or a post declared by the Central Government by notification to be equivalent thereto, for a period of not less than three years or holds a post of higher rank than either of the said post; and

(b) three months, in any other case.

Section 74, 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

  1. s. 14 Offences in relation to the enemy and punishable with death
  2. s. 17 Mutiny
  3. s. 46 Civil offences

Referred to by 1

  1. s. 114 Finding and sentence of a Summary Security Force Court

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.

  1. Constable Bhisham Singh v. Border Security Force

    High Court 30 May 2002 Persuasive (High Court) WP(C) 1107/2001; Judgement 30.05.2002; Anil Dev Singh & Madan B. Lokur JJ (Delhi HC DB)

    Court's Decision & Legal Precedent

    DATE-VERIFIED Judgement 30.05.2002: Before writ challenge, the member must exhaust the statutory representation under s.117 against SF Court findings/sentence. Prior WP withdrawn for non-exhaustion; after DG rejected the s.117 representation, the fresh writ was maintainable but failed on merits.

    On this section: s.74 general Summary SF Court jurisdiction covers s.20(a) assault unless a s.74(2) exception applies.

    Read the full order on eCourts India

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 74

What have the courts held on Section 74 of the Border Security Force Act?

Constable Bhisham Singh v. Border Security Force (30 May 2002) is the leading judgment on this section among those set out below: s.74 general Summary SF Court jurisdiction covers s.20(a) assault unless a s.74(2) exception applies.

How do I find court cases under Section 74 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 74, section 74 Border Security Force Act, section 74 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 Constable Bhisham Singh v. Border Security Force (30 May 2002).

What should I read with Section 74 of the Border Security Force Act, and has it changed?

Its own text turns on section 14 (Offences in relation to the enemy and punishable with death), section 17 (Mutiny), section 46 (Civil offences), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.

When did Section 74 of the Border Security Force Act come into force?

Section 74 of the Border Security Force Act, cited as Border Security Force Act 74, 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

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 15 Oct 2026. This page is not a substitute for legal advice.