Rule, 1969

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

BSF RULES 65

S.O. 2336 - In exercise of the powers conferred by sub-section (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:-

THE BORDER SECURITY FORCE RULES, 1969

CHAPTER-I

PRELIMINARY

1. Short title and application - (1) These rules may be called the Border Security Force Rules, 1969.

(2) They shall come into force on the date of their publication in the official Gazette.]1

(3) These rules shall apply to all persons subject to the Act. Provided that the provisions of Chapter IV thereof shall not apply to persons belonging to the All India Services and other Government servants who are on deputation with the Border Security Force.

2 [Provided further that the provisions of Chapter-IX & X thereof shall not apply to trial by SSFCs in so far as they are inconsistent with any of the provisions contained in Chapter-XI thereof pertaining to Summary Security Force Courts].

2. Definitions - In these rules, unless the context otherwise requires,-

(a) “the Act” means the Border Security Force Act, 1968 (47 of 1968),

(b) “Appendix” means an Appendix annexed to these rules,

(c) “Court” means the Security Force Court, 1 Published in the Gazette of India, Extraordinary, Part-II, Section 3 (ii), dated the 13th June, 1969. 2 Ins. By

S.O. 329(E), dated 29.04.1981.

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(d) “Detachment” includes any part of the battalion 1[or Unit] required or ordered to proceed on duty away from Headquarters,

(e) “Proper Force authority” when used in relation to any power, duty, act or matter, means such Force authority as, in pursuance of these rules made under the Act, exercises, or performs that power or duty or is concerned with that matter.

(f) “Section” means a section of the Act,

(g) all words and expressions used in these rules and defined in the Act shall have the same meaning as in the Act.

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 documents relevant to these rules.

(2) Any omission of any such form shall not, by reason only of such omission, render any act or thing invalid.

(3) The directions in the notes to and the instructions in the form shall be duly complied with in all cases to which they relate, but any omission to comply with any such direction in the notes or instructions shall not, merely by reason of such omission, render any act or thing invalid.

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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 un-provided 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.

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CHAPTER - II

RECRUITMENT

7. 1[Disqualification. - No person, -

(a) who has entered into or contracted a marriage with a person having a spouse living, or

(b) who, having a spouse living, has entered into or contracted a marriage with any person, shall be eligible for appointment in the Force.

Provided that the Central Government may, if satisfied, that such marriage is permissible under the personal law applicable to such person and the other party to the marriage and that there are other grounds for so doing, exempt any person from the operation of this rule.]

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 2[Nepal 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.

2 [10. Probation.- (1)3[An officer, subordinate officer or under- officer]on first appointment to the Force shall be on probation for a period of two years and the Central Government in the case of officers and the authority prescribed in rule 11 in the case of

2. Subs by

S.O. 2628(E) dated 25th Nov 2011. 3. The word “against a permanent post” in sub rule 1 of rule 10 shall be deleted by

SO 188(E) dated 13th Mar 1993.

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subordinate officers and under-officers may, for reasons to be recorded in writing, extend the period of probation for such further period or periods not exceeding one year.

(2) The Central Government in the case of officers and the prescribed authority in the case of subordinate officers or under- officers, as the case may be, may, during the period of probation, terminate the services of such persons without assigning any reasons.

(3) The provisions of sub-rule (1) shall also be applicable to a person on his initial promotion as an officer and the person who does not complete the period of probation satisfactorily may be reverted to his former rank.]

11. 1 [Appointment of Subordinate Officers and under- officers. - Appointments to the post of Subedar-Major or Inspector shall be made by the Inspector-General and in the case of Sub- Inspector or Assistant Sub-Inspector by the Deputy InspectorGeneral and under -officer by the Commandant in the following manner :-

(i) by direct recruitment;

(ii) by deputation from the Army, Navy, Air Force, State Police Force, or any other Department of the Central Government or of the State Government;

(iii) by promotion as may be prescribed.] 11-A. Commissions.- 1[(1) Officers referred to in rule 9 and Subedar-Major, Inspector, Sub-Inspector and Assistant Sub - Inspector referred to in rule 11 may be granted commissions as such by the President.]

(2) The grant of the commission shall be notified in the Official Gazette and such notification shall be conclusive proof of the grant of such commission.

12. Enrolling Officers.- For the purposes of enrolment of persons to the Force under section 6, the following persons shall be enrolling officers :- BSF RULES 70 (a) Commandants of all battalions; and

(b) any other officer of the Force who may be appointed as enrolling officer by the DirectorGeneral.

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 questions he shall be liable to punishment under the Act, record or cause to be recorded his answer to each such question.

(2) If, after complying with the provisions of sub-rule (1) and such other directions as may be issued in this behalf by the Director-General from time to time, the enrolling officer is satisfied that the person desirous of being enrolled, fully understands the questions put to him and consents to the conditions of service, and if the said officer is satisfied that there is no impediment, he shall sign and shall also cause such person to sign the enrolment paper, and such person shall thereupon be deemed to be enrolled.

(a) Every person enrolled as a member of the Force under sub-rule (2) shall be administered an oath or affirmation in the form set out in Appendix I.

(b) The oath or affirmation shall as far as possible be administered by the Commandant of the person to be attested or in the unavoidable absence of the Commandant by the person authorised in writing by the Commandant in this behalf.

(c) The oath or affirmation shall be administered when the person to be attested has completed his training.

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CHAPTER - III

ORGANISATION

1 [14.Constitution of the Force. - (1) Border Security Force shall consist of:-

(a) Border Security Force (Regular)

(b) Border Security Force (Auxiliary)

(2) Officers, subordinate officers and enrolled persons appointed to or enrolled into the Border Security Force (Regular) shall be liable for continuous service for the term mentioned in their enrolment form, letter of appointment or in the rules made in this behalf.

(3) Officers, subordinate officers and enrolled persons appointed to or enrolled into the Border Security Force (Auxiliary) shall serve as and when they are called out for service by the Director- General with the consent of the Central Government or for training under the order of the Director-General.

2 [14A. Ranks.- 3[(1) The officers and other members of the Force shall be classified in accordance with their ranks in the following categories namely:-

(a) Officers

(2) Special Director-General.

(3) Additional Director-General.

(5) Deputy Inspector-General.

(6) Commandant.

(8) Deputy Commandant.

(9) Assistant Commandant.

1. Ins. By SO 4034, dated 21 Oct 1971.

2. Renumbered by ibid.

3. Subs by

SO 2628(E) 25th Nov 2011.

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(11) Inspector.

(13) Assistant Sub-Inspector.

(c) Under Officers

(14) Head Constable

(15) Naik

(16) Lance Naik

(d) Enrolled persons other than Under Officers

(17) Constable.

(18) Enrolled followers.

(2) Matters relating to Inter-se seniority of persons belonging to the same rank shall be determined in accordance with such rules as may be made in this behalf.

1 [(3) Notwithstanding anything contained in these rules, the Director-General may,-

(i) subject to confirmation by the Central Government as provided herein after, grant to an officer or a SubedarMajor or an Inspector]of the Force a rank, mentioned against serial numbers (6), (7), (8) and (9)],in clause (a) of sub-rule (1), as a local rank:

(ii) subject to prior approval of the Central Government, grant to an officer of the Force a rank mentioned against serial numbers (2), (3), (4) and

(5) in clause (a) of sub-rule (1), as a local rank;

whenever as considered necessary by him in the interest of better functioning of the force.]

1. Amended by

SO 55(E) dated 01st Feb 1999.

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(4) An officer, a Subedar-Major or an Inspector of the Force holding a local rank:-

(a) shall exercise the command and be vested with the powers of an officer holding that rank;

(b) shall cease to hold that rank, if the grant of such rank is not confirmed within twenty one days by the Central Govt. or when so ordered by the Director-General or when he ceases to hold the appointment for which the rank was granted;

[Explanation]

(c) shall not be entitled to any extra pay and allowances for holding such rank;

(d) shall not be entitled to claim any seniority over other officer of the Force by virtue of having held such rank.]

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 areas;

(ii) prevent trans-border crimes, un-authorised entry into or exit from the territory of India;

(iii) prevent smuggling and any other illegal activity.

[(2) In discharging the functions under sub-rule (1), the responsibility for the command, discipline, morale and administration shall ,-

(a) in the case of Special Director-General, extend to all battalions, units, headquarters, establishments and Force personnel placed under him 3[***];

1. Explanation omitted by

SO 436(E) date 29th May 1990.

2. Subs by SO, 2628(E) dated 25th Nov 2011. 3. Omitted by

SO 436(E) dated 29th May 1990.

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(b) in the case of Additional Director-General, extend to all the battalions, units, headquarters, establishments and Force personnel placed under him

(c) in the case of 2[Inspector-General,]extend to all battalions, units, headquarters, establishments and Force personnel placed under him 1[***].

(d) in the case of a Deputy Inspector-General, extend to all the battalions, other personnel and units placed under him; and

(e) in the case of a Commandant, extend to the battalion or unit placed under him.

(3) During hostilities, the Special Director-General, the Additional Director-General, the Inspector-General, the Deputy Inspector-General and the commandant shall discharge such functions as may be assigned by their respective superiors.]

(4) The command, discipline, administration and training of battalions, units and establishments not placed under a Deputy Inspector General or an Inspector-General shall be carried out by such officers and in such manner as may from time to time be laid down by the Director-General.

(5) Any member of the Force shall be liable to perform any duties in connection with the safeguarding of the security of the border of India, the administration, discipline and welfare of the Force and such other duties as he may be called upon to perform in accordance with any law for the time being in force and any order given in this behalf by a superior officer shall be a lawful command for the purposes of the Act.

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.

(2) (a) In the contingency of an officer being unable to exercise the command, to which he has been appointed,

1. Omitted by

SO 436(E) dated 29th May 1990. 2. Subs by SO,

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due to any reason, the command shall devolve on the second-in- command, if one has been so appointed.

(b) If no second-in-command has been appointed, it shall devolve on the officer who may be appointed to officiate by the immediate superior of the officer unable to exercise command.

(c) If no such officer has been so appointed, command shall devolve on the senior most officer present.

(d) The inability of an officer to exercise command and its assumption by any other officer in accordance with this sub-rule shall be immediately reported to Force Headquarters by the officer who has assumed command.

(3) If persons belonging to different battalions and units are working together :-

(i) in regard to the specific task on which they are engaged, the officer appointed to command or in his absence the senior most officer present shall exercise command over all such persons;

(ii) in all other matters the senior officer belonging to each battalion shall exercise command over persons belonging to his battalion.

(4) When officers and other persons belonging to the Force are taken prisoner by an enemy the exiting relations of superior and subordinate and the duty of obedience shall remain unaltered and any person guilty of indiscipline or insubordination in this behalf shall, after his release, be liable for punishment.

(5) Disciplinary powers over a person subject to the Act shall be exercised by the Commandant of the battalion or unit to which such a person belongs or the officer on whom command has devolved in accordance with sub-rule (2).

1 [Provided that when persons belonging to different battalions or units are working together, disciplinary powers in respect of such

1. Ins by

SO 2628(E) dated 25th Nov 2011.

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persons may also be exercised by an officer appointed to command such persons in accordance with clause (i) of sub-rule (3) or in his absence by the senior most officer present.]

(6) Where such a person is doing detachment duty, including attendance at a course of instruction the Commandant of the battalion, unit, centre or establishment with which he is doing such duty shall also have all the disciplinary powers of a Commandant.

(7) The Director-General, 1[the Special Director-General, the Additional Director-General], the Inspector-General and the Deputy Inspector-General may specify one or more officers of the staff who shall exercise the disciplinary powers of a Commandant in respect of persons belonging to or doing detachment duty at their respective Headquarters.

2[Provided that an officer not below the rank of Deputy Inspector General commanding a training institution may specify one or more officers of the staff who shall exercise the disciplinary powers of a Commandant in respect of persons belonging to or doing detachment duty at their respective Training Institutions].

Explanation - In this rule, except in sub-rule (2), 2[sub-rule (5), and sub-rule (7)] the word “officer” shall include a subordinate officer and an under officer.

1. Ins. by SO, 2628(E) dated 25th Nov 2011.

2. Ins by SO, 1757(E) dated 19 April’2017.

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CHAPTER - IV

TERMINATION OF SERVICE

17. 1[Termination of service on grounds of furnishing false or incorrect information at the time of appointment or enrolment.- (1) Any person, who has become subject to the Act by furnishing false or incorrect information or by adopting any fraudulent means, may be dismissed or removed from service by the Central Government or any other officer not below the rank of the appointing authority, as the case may be.

(2) When the competent authority proposes to take action under sub-rule (1), such person shall be given an opportunity to show cause against the proposed action.

(3) The competent authority, while taking action under this rule, may allow pensionary benefits in appropriate cases, if such benefits are otherwise admissible under the relevant rules;

17 A. Discharge from the service on ground of unsatisfactory progress in basic training.- (1) When it is proposed to discharge a person subject to the Act from service on account of unsatisfactory progress in basic training, the Head of the Training Establishment or any officer not below the rank of the appointing authority, shall discharge that person from service after complying with the provisions of sub- rule (2) if he is competent to do so, or shall make recommendations to the competent authority for discharge of such person.

(2) The officer or authority referred to in sub-rule (1) while taking action under above sub-rule shall satisfy itself that the person has been given sufficient opportunity to progress.

(3) The Central Government or the competent authority, as the case may be, after considering the report(s) or recommendations, may discharge that person from the service after giving opportunity to show cause.]

1. Subs .by SO, 2628(E) dated 25th Nov 2011.

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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.

(2) The medical board shall consist of such officers and shall be constituted in such manner as may, from time to time, be laid down by the Director-General.

(3) Where the medical board considers the officer to be unfit for service, the Central Government shall communicate to the said officer the findings of the medical board and thereupon, with -in a period of fifteen days of such communication, the officer may make a representation against it to the Central Government.

(4) The Central Government may, on receiving the representation from the officer, refer the case to be reviewed by a fresh medical board constituted for the purpose and order the retirement of the said officer if the decision of the fresh medical board is adverse to him.

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 in 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 1[or three months pay and allowances, whichever is higher] or Provided further that an officer of the Force tendering resignation, for accepting a job under Central or State Governments or local bodies, after

1. Ins .by SO, 1686 dated 31st May 1996.

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having been granted cadre clearance for the same 1[or who has completed 10 years of service] shall not be required to refund the sum as provided here in above.

(2) The Central Government may accept the resignation under sub-rule (1) with effect from such date as it may consider expedient.

(3) The Central Government may refuse to permit an officer to resign :-

(a) if an emergency has been declared in the Country either due to internal disturbances or external aggression;

or

(b) if considers it to be inexpedient so to do 2[due to exigencies of service] or in the interests of the discipline of the Force; or

(c) if the officer has specifically undertaken to serve for a specified period and such period has not expired.

(4) The provisions of this rule, shall apply to and in relation to subordinate Officer and Enrolled Persons as they apply to and in relation to any officer of the Force and the powers vested in the Central Government under sub-rules (1) and (2) shall be exercised in the case of a Subordinate Officer by a Deputy Inspector General and in the case of an Enrolled Person by a Commandant.

3 [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 mis-conduct, 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

1. Ins. by SO. 1644, dated 8th May 2002.

2. Ins. by SO, 166 dated 14th Jan 1998.

3. Rule 20,21and 22 subs. by SO, 436(E) dated 29th May 1990.

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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.

(2) When after considering the reports on an officer’s misconduct, the Central Government or the Director General, as the case may be, is satisfied that the trial of the Officer by a Security Force Court is in-expedient or impracticable, but is of the opinion, that the further retention of the said officer in the service is undesirable, the Director General shall so inform the officer together with particulars of allegation and report of investigation (including the statements of witnesses, if any, recorded and copies of documents if any, intended to be used against him) in cases where allegations have been investigated and he shall be called upon to submit, in writing, his explanation and defence:

Provided that the Director General may with hold disclosure of such report or portion thereof if, in his opinion, its disclosure is not in the interest of the security of the State.

(3) In the event of explanation of the Officer being considered unsatisfactory by the Director-General, or when so directed by the Central Government, the case shall be submitted to the Central Government with the Officer’s defence and the recommendations of the Director-General as to the termination of the Officer’s service in the manner specified in sub-rule (4).

(4) When submitting a case to the Central Government under the provision of sub-rule (2) or sub-rule (3), the Director-General shall make his recommendation whether the Officer’s service should be terminated, and if so, whether the officer should be,-

(a) dismissed from the service; or

(b) removed from the service; or

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(c) retired from the service; or

(d) called upon to resign.

(5) The Central Government, after considering the reports and the officer’s defence, if any, or the judgment of the Criminal Court, as the case may be, and the recommendation of the Director-General, may remove or dismiss the officer with or without pension, or retire or get his resignation from service, and on his refusing to do so, the officer may be compulsorily retired or removed from the service with pension or gratuity, if any, admissible to him.

21. Termination of service of officers by the Central Government on grounds other than mis-conduct - (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.

(2) In the event of the explanation being considered by the Director General unsatisfactory, the matter shall be submitted to the Central Government for orders, together with the officer’s explanation and the recommendation of the Director-General.

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(3) The Central Government after considering the reports, the explanation, if any, of the officer and the recommendation of the Director General, may call upon the officer to retire or resign and on his refusing to do so, the officer may be compulsorily retired from the service with pension or gratuity, if any, admissible to him.

22. Dismissal or removal of persons other than officers on account of mis-conduct - (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 or showing cause.

(2) When after considering the reports on the mis-conduct of the person concerned, the competent authority is satisfied that the trial of such a person is inexpedient or impracticable, but, is of the opinion that his further retention in the service is undesirable, it shall so inform him together with all reports adverse to him and he shall be called upon to submit, in writing, his explanation and defence:

Provided that the competent authority may withhold from disclosure any such report or portion thereof, if, in his opinion its disclosure is not in the public interest.

(3) The competent authority after considering his explanation and defence if any may dismiss or remove him from service with or without pension:

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Provided that a Deputy Inspector General shall not dismiss or remove from service, a Subordinate Officer of and above the rank of an Inspector.

(4) All cases of dismissal or removal under this rule, shall be reported to the Director General.]

23. Dismissal or removal by Central Government.-Where the Central Government is satisfied, for reasons to be recorded in writing, that :-

(i) it is not reasonably practicable to follow the procedure laid down in the said rules, or

(ii) it is not expedient, in the interests of the security of the State, to follow such procedure, it may order the dismissal or removal from the Force of a person subject to the Act without following the procedure laid down in rules 20 and 21.

1 [23A. Termination of service on conviction on a criminal charge.- When a person subject to the Act is convicted of a civil offence the competent authority may dismiss or remove him from service without holding any inquiry or issuing a show cause notice.]

24. Retirement of subordinate officers and enrolled persons.- A subordinate officer or an enrolled person shall on the fulfillment of the terms and conditions of service under which he was appointed or enrolled be eligible to retire.

25. Retirement of subordinate officer and enrolled persons on grounds of physical unfitness.- 2[(1) Where a Commandant is satisfied that a Subedar-Major, an Inspector], a Sub-Inspector, an Assistant 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-Major, the Inspector,]the Sub- Inspector, the Assistant Sub-Inspector]or the enrolled person, as the case may be, to be brought before a Medical Board.]

1. Ins. by SO,155(E) dated 1st Mar 1983. 2.

Subs. by SO, 2628(E) dated 25th Nov 2011.

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(2) The Medical Board shall be constituted in such manner as may be determined by the Director General.

(3) 1[Where the said Subedar-Major, Inspector, Sub-Inspector, Assistant Sub-Inspector or enrolled person is found by the Medical Board to be unfit for further service in the Force, the Inspector General, the Deputy Inspector-General or as the case may be, the Commandant may, if he agrees with the finding of the Medical Board order the retirement of the Subedar-Major, the Inspector, the Sub-Inspector, the Assistant Sub-Inspector, as the case may be, the enrolled persons:

Provided that before the said Subedar-Major or Inspector or Sub-Inspector or Assistant Sub-Inspector or as the case may be, the enrolled person is so retired the finding of the Medical Board and the decision to retire him shall be communicated to him.

(4) The Subedar-Major, the Inspector, the Sub-Inspector, the Assistant Sub-Inspector or, as the case may be, the enrolled person may, within a period of fifteen days from the date of receipt of such communication, make a representation to the officer next superior in command to the one who ordered the retirement.]

(5) The said superior officer shall have the case referred to a Review Medical Board which shall be constituted in such manner as may be determined by the Director-General.

(6) The superior officer may, having regard to the finding of the Review Medical Board, pass such order as he may deem fit.

(7) Where a representation has been made to a superior officer under sub-rule (4), an order passed under sub-rule (3), shall not take effect till it is confirmed by such superior officer.

1 [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

1. Subs by

SO 2628(E) dated 25th Nov 2011.

2. Subs by

SO 436(E) dated 29th May 1990.

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may, after giving such enrolled person an opportunity of showing cause (except when 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. 1[Retirement of subordinate officers on grounds of unsuitability.- (1) Where a Deputy Inspector-General is satisfied that a Sub-Inspector, or an Assistant Sub-Inspector is unsuitable to be retained in the Force, he may, after giving such Sub-Inspector 1 [28A. Petition.-3[Any person subject to the Act, who considers himself aggrieved by any order of termination of his service passed or Assistant Sub-Inspector, as the case may be, 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 or Assistant Sub- Inspector from the Force.

(2) Where an Inspector General is satisfied that an Inspector or Subedar-Major is unsuitable to be retained in the Force, he may, after giving such Inspector or Subedar-Major 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 such Inspector or Subedar-Major from the Force.]

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.

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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].

1. Subs. by SO, 2628(E) dated 25th Nov 2011

2. Ins. By SO, 436(E) dated 29th May 1990. 3. Subs. By SO 1866, dated 27th Jun 2003.

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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

(a) the date mentioned in the order of dismissal or removal or order sanctioning or accepting resignation or retirement, or

(b) if no such date is mentioned the date on which the order was signed or the date on which the person concerned is relieved from duties, whichever is later.

BSF RULES 88

CHAPTER - V

ARREST AND INVESTIGATION

31. Forms of arrest. - (1) Arrest may be either open arrest or close arrest.

(2) An arrest, unless otherwise specified shall mean an open arrest.

(3) An order imposing arrest may be communicated to the person to be arrested either orally or in writing.

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.

(2) Notwithstanding anything contained in sub--rule (1) any person subject to the Act may be placed under arrest by any superior officer :-

(a) if he commits an offence against such superior officer, or

(b) if he commits an offence in the view of such superior officer, or

(c) if he is behaving in a disorderly manner and the said superior officer considers it necessary to place such a person under arrest with a view to stop such disorderly behavior.

(3) A superior officer effecting arrest under sub-rule (2) shall as soon as possible, and in any case within twenty four hours of such arrest send a report to the Commandant of the battalion or unit of which the person arrested is a member and in case of the arrest

BSF RULES 89

of an officer of and above the rank of Commandant, to his immediate superior officer.

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.

(2) (a) Close arrest in the case of officers, subordinate officers and under officers, shall be imposed by placing such officer, subordinate officer or under officer under the custody of another person of similar or superior rank and wherever considered necessary such officer, subordinate officer, or under officer may be confined under charge of a guard.

(b) The person under arrest shall not leave his quarter or tent without permission of a superior officer designated by the Commandant in this behalf.

(B) Open arrest (3) (a) Open arrest shall be imposed by informing the person to be arrested (whether he is an officer, subordinate officer, under officer or an enrolled person) that he is under open arrest and that he shall confine himself within such limits as may be specified in this behalf by the concerned superior officer effecting such arrest.

(b) The Commandant may, from time to time, vary the limits referred to in clause (a) above.

BSF RULES 90

34. Release from arrest during investigation.- (1) Any person arrested under rule 1[32] may be released from arrest under the order of an Assistant Commandant, Deputy Commandant, Commandant or any officer superior to the Commandant.

1. Subs. by SO, 2628(E) dated 25th Nov 2011

(2) Subject to the provisions of rule 35, no person except on the basis of any fresh evidence against him be re-arrested.

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 require, 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 witness or tamper with evidence, shall be placed under arrest.

(2) Where any person arrested shows symptoms of sickness, medical assistance shall be provided for such person.

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

BSF RULES 90

by orderly officer or orderly subordinate officer or orderly under officer or under officer in charge of the guard, once every two hours.

(2) An intoxicated person shall not be taken before a superior officer for investigation of his case until he has become sober.

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.

(2) Where a sentence lower than imprisonment is passed by a Court the arrested person shall be released by his Commandant pending confirmation of the finding and sentence:

Provided that a person who has been sentenced to be dismissed shall not, except while on active duty, be put on any duty.

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.

(2) Where the accused is kept under arrest for a period exceeding three months without being brought to trial, a special report regarding the action taken and the reasons for the delay shall be sent by the Commandant to the Director General with a copy each to the Deputy Inspector General and the Inspector General concerned.

40. Rights of a person under arrest.- (1) (a) Any person

BSF RULES 91

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.

(2) (a) The orderly officer or the orderly Subordinate Officer shall every day make a visit to the person under arrest and take the orders of the Commandant on any request or representation made by the person under arrest.

(b) The request or representation made by the person under arrest shall be entered in the form set out in Appendix III.

1 [40A. (1) Not withstanding anything contained in these rules, the appointing authority may, at its discretion, place a person serving under him, under suspension:-

(i) where a disciplinary action under the Act against him is contemplated or is pending; or

(ii) where in the opinion of the authority aforesaid, he has engaged himself in activities prejudicial to the interest or the security of the state; or

(iii) where a case against him in respect of any civil offence is under investigation, inquiry or trial.

2[Provided that the Director-General may exercise the powers of suspension in respect of officers of the Force up to the rank of Deputy Commandant.

Provided further that the Director-General shall report the facts of each case immediately to the Central Government and all such orders of suspension shall become ab-initio void unless 1 Ins. by SO,187(E) dated 23th Mar 1984.

2. Ins. By SO, 544 Dated 15th Feb 2002.

BSF RULES 92

confirmed by the Central Government within a period of one month from the date of the said orders, irrespective of the fact that the suspension is revoked by the said authority within that period.]

(2) A member of the Force shall be deemed to have been placed under suspension by an order of the appointing authority:-

(i) with effect from the date of his detention by civil police on a criminal charge or otherwise for a period exceeding 48 hours; or

(ii) with effect from the date of his conviction by a civil court on a criminal charge, if the sentence awarded is imprisonment for a term exceeding 48 hours.

(3) An order of suspension made or deemed to have been made under this rule shall continue to remain in force until it is modified or revoked by the authority competent to do so.

1 [(3A) “An order of suspension made or deemed to have been made under this rule shall be reviewed by the authority competent to modify or revoke such order before expiry of ninety days from the effective date of suspension and pass an order either extending or revoking the suspension and any subsequent review shall be made before the expiry of such extended period of suspension: Provided that no extension of suspension shall be made for a period exceeding one hundred and eighty days a time.”]

(4) An order of suspension made or deemed to have been made under this rule, may at any time, be modified or revoked by the authority which made the order or by any authority to which that authority is subordinate.

(5) When a person remains under suspension for more than 90 days, a report giving reasons for delay in the finalisation of his case shall be submitted to the Director General by the Commandant of the accused and thereafter, subsequent reports shall be submitted every month till the case is finalised or the order of suspension is revoked whichever is earlier.] 1 Ins. by SO,2755(E) dated 6th Mar 2012.

BSF RULES 93

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.

(2) In taking a decision to claim an offender for trial by a Court, an officer referred to in section 80 may take into account all or any of the following factors, namely :

(a) The offender is on active duty or has been warned for active duty and it is felt that he is trying to avoid such duty;

(b) the offender is a young person undergoing training and the offence is not a serious one and the trial of the offender by a criminal court would materially affect his training;

(c) the offender can, in view of the nature of the case, be dealt with summarily under the Act.

BSF RULES 94

42. Without prejudice to the provisions of sub-rule (1) of rule 41, an offender may not be claimed for trial by a Security Force Court:- ( a) where the offence is committed by him along with any other person not subject to the Act whose identity is known; or

(b) where the offence is committed by him while on leave or during absence without leave.

BSF RULES 95

CHAPTER - VII

INVESTIGATION AND SUMMARY DISPOSAL

43. Offence report.- Where it is alleged that a person subject to the Act 1[other than an officer or a Subordinate Officer] has committed an offence punishable there under the allegation shall be reduced to writing in the form set out in Appendix IV.

2 [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. 2[Hearing of the charge against an enrolled person.- 3[(1) The charge shall be heard by the Commandant of the accused in the following manner :-

(i) The charge and statements of witnesses, if recorded, shall be read over to the accused.

(ii) If written statements of witnesses are not available, or where the Commandant considers it necessary to call any witness, he shall hear as many witnesses as he may consider essential to enable him to determine the issue.

(iii) Wherever witnesses are called by the Commandant, the accused shall be given opportunity to cross-examine them.

(iv) Thereafter, the accused shall be given an opportunity to make a statement in his defence .]

(2) After hearing the charge under sub-rule (1), the Commandant may:-

(i) award any of the punishments which he is empowered to award; or Subs. by ibid.

3. Subs by

SO 2628(E) dated 25th Nov 2011 BSF RULES 96 (ii) dismiss the charge; or

(iii) remand the accused, for preparing a record of evidence or for preparation of an abstract of evidence against him; or

(iv) remand him for trial by a Summary Security Force Court:

Provided that, in cases where the Commandant awards more than 7 days imprisonment or detention he shall record the substance of evidence and the defence of the accused:

Provided further that he shall dismiss the charge, if in his opinion the charge is not proved or may dismiss it if he considers that because of the previous character of the accused and the nature of the charge against him it is not advisable to proceed further with it:

Provided also that, in case of all offences punishable with death a record of evidence shall be taken.

1[Provided further that in case of offences under Sections 14, 15, 17, 18 and offence of ‘murder’ punishable under Section 46 of the Act, if the accused has absconded or deserted, the Commandant shall hear the charge in his absence and remand the case for preparation of the record of evidence.] 2 [45 A. Hearing of charge by an officer specified under Section 53 of the Act.- (1) A specified officer may proceed against an enrolled person if,-

(a) the charge can be summarily dealt with; or

(b) the case has not been reserved by the Commandant for disposal by himself; or

(c) the accused is not under arrest.

(2) After hearing the charge under sub-rule (1) of the Rule 45 the specified officer may,-

1. Ins. by SO,55(E) dated 01 Feb. 1999.

2. Ins. by SO, 436(E) dated 29th May 1990.

BSF RULES 97

(i) award any of the punishment which he is empowered to award, or

(ii) dismiss the charge, or

(iii) refer the case to Commandant.

1 [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, as the case may be, the Director- General.

2[(b) The charge sheet and statements of witnesses, if recorded and relevant documents, if any, shall be read over to the accused:] Provided that where written statements of witnesses are not available, or where the officer hearing the charge considers it necessary, he shall hear as many witnesses as he may consider essential to enable him to know about the case.

(c) Wherever witnesses are called by the officer hearing the charge, the accused shall be given an opportunity to cross-examine them.

(d) Thereafter, the accused shall be given an opportunity to make a statement in his defence.]

(2) After hearing the charge under sub-rule (1), the officer who heard the charge may :-

(i) dismiss the charge; or

1. Subs by SO, 436(E) dated 29th May 1990.

1 [Provided that he shall dismiss the charge if in his opinion the charge is not proved or may dismiss it if he considers that because of the previous character of the accused and the nature of the charge against him, it is not advisable to proceed further with it, and where a charge against an officer is dismissed on any such ground, he shall record reasons for dismissing the same: Provided further that where a case in respect of an officer has been referred to for initiation of disciplinary action by a

2. Subs. by SO, 2628(E) dated 25th Nov 2011.

BSF RULES 98

(ii) remand the accused, for preparation of a record of evidence or preparation of abstract of evidence against the accused: superior authority, the officer hearing the charge shall not dismiss the same without reference to such authority:

Provided also that in case of all offences punishable with death, a record of evidence shall be prepared:] 2[Provided also that in case of offence under Section 14, 15, 17, 18 and offence of ‘murder’ punishable under Section 46 of the Act, if the accused has absconded or deserted, the Commandant shall hear the charge in his absence and remand the case for preparation of record of evidence.]

46. Attachment to another unit.- The Commandant shall not deal with any case :-

(i) where the offence with which the accused is charged is against the Commandant himself; or

(ii) where the Commandant is himself a witness in the case against the accused ; or

(iii) where the Commandant is otherwise personally interested in the case, and the accused shall be attached to another battalion or unit for disposal of the case under the order of the Deputy Inspector-General:

1. Ins. by

SO 2628(E) dated 25th Nov 2011.

2. Ins by

SO 55(E) dated 1st Feb 1999.

BSF RULES 99

Provided that a Commandant shall not be disqualified from hearing a charge merely because the offence was committed against the property of a Force Mess, band or institution of which the Commandant is a member or trustee or because the offence is one of disobedience of such Commandant’s orders.

1[Provided further that a person may also be attached to any Battalion, Unit, Headquarter or Establishment on the ground of any service exigency under orders of his Deputy InspectorGeneral or any other superior officer or Authority.]

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) section 20 or clause (a) 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) 2[The officer ordering the record of evidence may either prepare the record of evidence himself or detail another officer to do so.

(2) The witnesses shall give their evidence in the presence of the accused and the accused shall have right to cross-examine all witnesses who give evidence against him.

3[Provided that where statement of any witness at a court of inquiry is available, examination of such a witness may be dispensed with and the original copy of the said statement may be taken on record. A copy thereof shall be given to the accused and he shall have the right to cross- examine if he was not afforded an opportunity to cross -examine the witness at the Court of Inquiry.]

(3) After all the witnesses against the accused have been examined, he shall be cautioned in the following terms; “You may make a statement if you wish to do so, you are not bound to

1. Ins by

SO 2628(E) dated 25th Nov 2011 2.

Subs by

SO 436(E) dated 29th May 1990.

3. Ins by ibid.

BSF RULES 100

make one and whatever you state shall be taken down in writing and may be used in evidence.” After having been cautioned in the aforesaid manner whatever the accused states shall be taken down in writing.

(4) The accused may call witnesses in defence and the officer recording the evidence may ask any question that may be necessary to clarify the evidence given by such witnesses.

(5) All witnesses shall give evidence on oath or affirmation: Provided that, no oath or affirmation shall be given to the accused nor shall he be cross-examined.

(6) (a) The statements given by witnesses shall ordinarily be recorded in narrative form and the officer recording the evidence may, at the request of the accused, permit any portion of the evidence to be recorded in the form of question and answer.

(b) Witnesses shall sign their statements after the same have been read over and explained to them.

1 [(6A) The provisions of section 89 of the Act shall apply for procuring the attendance of the witnesses before the officer preparing the Record of Evidence.]

(7) Where a witness cannot be compelled to attend or is not available or his attendance cannot be procured without an undue expenditure of time or money and after the officer recording the evidence has given a certificate in this behalf, a written statement signed by such witness may be read to the accused and included in the record of evidence.

(8) After the recording of evidence is completed the officer recording the evidence shall give a certificate in following form :- “Certified that the record of evidence ordered by... ..Commandant...

.....................................................was 1 Ins by

SO 329(E) dated

BSF RULES 101

made in the presence and hearing of the accused and the provisions of rule 48 have been complied with”.

49. Abstract of evidence.- (1) An abstract of evidence shall be prepared either by 2[the officer ordering it] or an officer detailed by him.

1 [48 A. If a person subject to the Act absconds or deserts the force after commission of offences under Sections 14, 15, 17, 18 and offence of ‘murder’ punishable under Section 46 of the Act and there is no immediate prospect of his apprehension, the officer detailed to prepare the record of evidence shall examine the witnesses in the absence of the accused and such evidence may, on the apprehension of such accused, be given in evidence against him at the trial by a Security Force Court, if such witness is dead or incapable of giving evidence or cannot be found or his presence cannot be procured without an amount of delay, expenses or inconvenience which, under the circumstances of the case would be unreasonable.

(2) (a) The abstract of evidence, shall include;

(i) signed statements of witnesses wherever available or a precis thereof,

(ii) copies of all documents intended to be produced at the trial.

(b) Where signed statements of any witnesses are not available a precis of their evidence shall be included.

(3) A copy of the abstract of evidence shall be given by the officer making the same to the accused and the accused shall be given an opportunity to make a statement if he so desires after he has been cautioned in the manner laid down in sub-rule (3) of Rule 48:

Provided that the accused shall be given such time as may be reasonable in the circumstances but in no case less than twenty four hours after receiving the abstract of evidence to make his statement.

1. Ins by

SO 55 (E) dated 1st Feb 1999.

2. subs by

SO 436(E) dated 1990.

BSF RULES 102

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. 1[Disposal of case against 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.

(2) If the Commandant considers the evidence recorded insufficient but considers that further evidence may be available, he may remand the case for recording additional evidence.

(3) The Commandant may, after going through the record or abstract of evidence including additional evidence, if any

(i) 3[dismiss the charge after recording the reasons therefor] ; or

(i) rehear the charge and award summary punishments; or

(ii) try the accused by a Summary Security Force Court where he is empowered so to do:

Provided that the Commandant while convening a Court may reframe the charge; or

(iii) apply to a competent officer or authority to convene a Court for the trial of the accused.] 2[51A. 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 to make an abstract thereof, he shall forward the same to 1[ the officer or authority who] ordered for its preparation.

1. Subs by

SO 2628(E) dated 25th Nov 2011.

2. Ins by

SO 436(E) dated 29thMay 1990. 3. Ins by

BSF RULES 103

1 [(2) If the officer or authority considers the evidence recorded insufficient but considers that further evidence may be available, he may remand the case for recording additional evidence.

(3) The officer or authority mentioned above, after going through the record or abstract of evidence, including additional evidence, if any, may-

(ii) 2[dismiss the charge after recording the reasons therefor]; or

(iii) dispose of the case summarily if he is so em- powered; or

(iv) refer the case to competent superior officer for disposal; or

(v) apply to a competent officer or authority to convene a General Security Force Court for the trial of the accused.]

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.

1. Subs. by

SO 2628(E) dated 25th Nov 2011 2.

Ins by SO, 1757(E) dated 19 April’2017.

BSF RULES 104

CHAPTER - VIII

ON CHARGES AND MATTERS ANTECEDENT TO 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 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.

(2) Every charge sheet shall in its layout follow the appropriate specimen set out in Appendix VI to these rules.

54. Charges.-(1) There shall be a separate charge for each offence.

(a) If a single act or series of acts is of such a nature that it is doubtful which of several offences the facts which can be proved will constitute, the accused may be charged with having committed all or any of such offences, and any number of such charges may be tried at once or he may be charged in the alternative with having committed some one of the said offences.

(b) The charge for the more serious offence shall precede the one for the less serious offence.

Each charge shall consist of two parts, namely:

(a) statement of offence, and

(b) particulars of the offence.

BSF RULES

The offence shall be stated, if not a civil offence, as nearly as practicable, in the words of the Act, and if a civil offence, in such words as would sufficiently describe that offence.

(5) (a) The particulars shall state the time and place of the alleged offence and the person (if any) against whom, or the thing (if any) in respect of which, it was committed and these should be sufficient to give the accused notice of the matter with which he is charged.

(b) In case such particulars are not sufficient to give the accused notice of the matter with which he is charged, the charges shall also contain such particulars of the manner in which the offence was committed as will be sufficient for that purpose.

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.

(2) Any number of accused though not charged jointly may also be tried together for an offence averred to have been committed by one or more of them and abetted by other or others.

(3) Where the accused are so charged under sub-rule (1) or sub-rule (2), any one or more of them may be charged with, and tried for, any other offence with which they could have been charged under sub-rule (1) of rule 53.

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.

BSF RULES 106

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.

(2) If at any time during a trial, at which there is a Law Officer, it appears to the Court, before it closes to deliberate on its findings, that it is desirable in the interests of justice to make any addition to, omission from or alteration in, a charge which cannot be made under sub-rule (1) of this rule it may, if such addition, omission, or alteration can be made without unfairness to the accused, and with the concurrence of the Law Officer, so amend the charge.

(3) If at any time during a trial, at which there is no Law Officer, it appears to the Court, before it closes to deliberate on its finding, that in the interests of justice it is desirable to make any addition to, omission from or alteration in a charge which cannot be made under sub-rule (1) of this rule, it may adjourn and report its opinion to the convening officer, who may :-

(a) amend the charge if permissible under Rule 58 and direct the Court to try it as amended after due notice of the amendment has been given to the accused; or

(b) direct the Court to proceed with the trial of the charge without amending it; or

(c) convene a fresh Court to try the accused.

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

BSF RULES 107

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.

1 [CONVENING OF GENERAL AND PETTY SECURITY FORCE COURTS]

59. 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 3[***] 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) 2[may return the case for recording further evidence, if he considers the evidence recorded insufficient but considers that further evidence may be available; or

(iv) may dispose of the case administratively under chapter IV of these rules if competent to do so, or refer it to the competent authority for disposal, where he is of the opinion that the charge against a person is serious but the trial by Security Force Court is inexpedient or not reasonably practicable for the reasons to be recorded in writing; or

1. Subs by

SO 329(E) dated 29th April 1981.

2. Subs by

SO 2628(E) dated 25th Nov 2011.

3. Omitted by SO, 1757(E) dated 19 April’2017.

BSF RULES 108

(v) may, after recording the reasons, dispose of the case administratively under chapter XIV A of these rules if competent to do so, or refer it to the competent authority for disposal, where he is of the opinion that the charge against the officer or the subordinate officer, as the case may be, does not deserve to be dismissed but also not so serious as to warrant trial by a Security Force Court.]

(2) (a) In any other case he may either himself convene a Court or if he considers that a higher type of Court should be convened and he is not empowered to convene such a Court, forward the case to a higher authority with recommendation that such Court may be convened.

(b) The higher authority on receiving the case may exercise any of the powers given in sub-rule (1) of this rule:

Provided that a superior officer or higher authority before convening a General Security Force Court or a Petty Security Force Court 1[***] shall take the advice of the Chief Law Officer or a Law officer.

Provided further that the superior authority or higher authority while convening a Court may reframe the charge sheet on which the accused is to be tried.

60. 2[Disqualification of officers for serving on General and Petty Security Courts.] - An officer shall be disqualified from serving on a Court if he :-

(i) is an officer who convened the Court; or

(ii) is the prosecutor or a witness for the prosecution;

or

(iii) has taken any part in the investigation of the case, which would have necessitated his applying his mind to any part of the evidence, or to the facts of the case; or

1. omitted by

SO 329(E) dated 29th April 1981.

2. Subs by ibid.

BSF RULES 109

(iv) is the Commandant of the accused; or (v) has a personal interest in the case.

61. 1[Composition of General and Petty Security Force Courts.-(1) A court shall consist, as far as practicable, of officers of different battalions 2[or units].

(2) The members of a court for the trial of an officer shall be of a rank not lower than the rank of that officer, unless in the opinion of the convening officer, officers of such rank are not, having due regard to the exigencies of public service, available. Such opinion shall be recorded in the convening order.

(3) A court for the trial of a Commandant, shall as far as possible, consist of officers who are or have been commandants or who hold, or have held, a higher appointment.

62. Duties of convening officers when convening courts.- When an officer convenes a Court he shall:

(a) issue a convening order in the appropriate form set out in Appendix VII;

(b) direct upon what charges the accused is to be tried and ensure that the accused has been remanded for trial by a Court upon these charges, by his Commandant;

(c) if he is of the opinion that charges shall be put in separate charge sheets, so direct and shall also direct the order in which they are to be tried;

(d) direct, if there is more than one accused whether the accused are to be tried jointly or separately;

(e) appoint members of the Court and any waiting members;

(f) if convening:

(i) a General Security Force Court; or

1. Subs by

SO 329(E) dated 29th April 1981.

2. Ins by

SO 436(E) dated 29th May 1990.

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(ii) a Petty Security Force Court which he considers should be attended by a Law Officer, take the necessary steps to procure the appointment of Law Officer by or on behalf of the Chief Law Officer:

(g) appoint an officer, subject to the Act or a counsel assisted by such an officer to prosecute or detail a Commandant to appoint an officer subject to the Act, to prosecute:

Provided that the convening officer may appoint more than one such officer to prosecute if he thinks fit;

(h) appoint an interpreter wherever necessary;

(i) send to the senior member the charge sheet, the convening order and a copy of the record or abstract of evidence from which any evidence which in his opinion would be inadmissible at the trial has been expurgated;

(j) forward to each member of the Court and to each waiting member a copy of the charge-sheet;

(k) forward to the prosecutor copies of the charge sheet and convening order and the original record or abstract of evidence together with an unexpurgated copy there of showing the passages (if any) which have been expurgated in the copy sent to the senior member;

(1) forward to the Law Officer (if any) copies of the charge sheet and convening order and an unexpurgated copy of the record or abstract of evidence showing the passages (if any) which have been expurgated in the copy sent to the senior member;

(m) ensure that the Commandant has summoned all the prosecution witnesses and such defence witnesses as the accused may have requested to be summoned under rule

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

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communication with his defending officer or counsel and with his witnesses.

(2) A defending officer shall be appointed to defend an accused who has been remanded for trial unless the accused states in writing that he does not wish such an appointment to be made.

(3) if the prosecution is to be undertaken by a legally qualified officer or by a counsel the accused shall be notified of this fact in sufficient time to enable him, if he so desires to make arrangement for a legally qualified officer or counsel to defend him.

(4) As soon as practicable after a decision has been taken to place the accused on trial and in any case not less than four days before his trial he shall be given;

(a) a copy of the charge-sheet;

(b) an unexpurgated copy of the record or abstract of evidence showing the passages (if any), which have been expurgated in the copy sent to the senior member;

(c) notice of any additional evidence which the prosecution intends to adduce; and

(d) if the accused so requires, a list of the ranks, names and units of the members who are to form the Court and of any waiting members.

(5) when an accused is given a copy of the charge-sheet and of the record or abstract of evidence in accordance with this rule, he shall:

(a) have the charge explained to him; and

(b) be informed that, upon his making a written request to his Commandant not less than twenty four hours before his trial requiring the attendance at his trial of a witness (other than a witness for the prosecution) whom he desire to call in his defence (such witness to be

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named by him), reasonable steps will be taken in accordance with these rules to procure the attendance of any such witness at his trial.

(6) The provisions of sub-rules (2) and (3) shall not apply in relation to a trial before a Summary Security Force Court and in relation to such a trial the period of four days referred to in subrule

(4) shall be construed as twenty four hours.

SUMMONING OF DEFENCE WITNESSES

64. (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.

(2) Where the Commandant is satisfied that the evidence to be given by any witness is not likely to be of material assistance at the trial he may refuse to summon such witness.

(3) The Commandant may before summoning any witness, require the accused to defray or undertake to defray the cost of attendance of such witness and if the accused refuses to defray or undertake to defray the cost aforesaid, the Commandant may refuse to procure the attendance of that witness.

(4) Where the Commandant has refused to summon the witness under sub-rule (2) or sub-rule (3), the accused may make an application to the Court for the summoning of such witness and the Court may, if it considers it to be expedient in the interest of justice, order the summoning of such witness and, if necessary, adjourn the proceedings for the attendance of such witness.

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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 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;

(a) Where a vacancy occurs through a member of the court being disqualified under the Act or being absent when the Court assembles, the presiding officer may appoint a duly qualified waiting member to fill that vacancy.

(b) The Presiding Officer may if the interests of justice so require, substitute a duly qualified waiting member for a member appointed by the convening officer.

if the court is not satisfied on any of the matters mentioned in sub-rule (1) and is not competent to rectify such matter itself

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under the Act or these rules, it shall before commencing the trial, report thereon to the convening officer.

(4) When the Court has complied with this rule and is ready to proceed with the trial, the presiding officer shall open the Court and the trial shall begin.

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.

(2) When a Court is to try more than one accused whether separately or jointly, each accused shall be given an opportunity to object to any officer on the Court in accordance with the foregoing sub-rule and shall be asked separately whether he has any such objection.

each officer shall be disposed of separately and the objection to the lowest in rank shall be disposed of first.

section(3) of section 84 that officer shall forthwith retire and take no further part in the proceedings.

(9) When an officer objected to retires and there is duly qualified waiting member in attendance, the presiding officer shall immediately appoint him to take the place of the officer who has retired.

(10) The Court shall satisfy itself that a waiting member who takes the place of a member of the Court is of the required rank and not disqualified under the Act and shall give the accused an opportunity to object to him and shall deal with any such objection in accordance with the Act and these rules.

(11) If as the result of the allowance of an objection to a member there are insufficient officers available to form a Court in compliance with the Act the Court shall report to the convening officer without proceeding further with the trial and convening officer may either appoint an officer as a member to fill the vacancy or convene a fresh Court to try the accused.

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

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An accused may make a statement and call any person to make a statement in support of his objection.

An officer to whom the accused has objected may state in open Court anything relevant to the objection of the accused whether in support or in rebuttal thereof.

An objection to an officer shall be considered in closed Court by all the other officers on the Court and the officer objected to shall not be present at that time.

When an objection to an officer is allowed under sub- An accused shall state the names of all the officers to whom he objects before any objection is disposed of.

(4) If more than one officer is objected to; the objection to 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.

FORM 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

BSF RULES 116

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.

(A) LAW OFFICER

FORM OF OATH

“I,... ............................... ..swear by Almighty God that I will, to the best of my ability, carry out the duties of Law Officer, in accordance with the Border Security Force Act, 1968, and the rules made thereunder 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 on any matter of any particular member of this Court, unless required to give evidence thereof by a court of law”.

BSF RULES 117 FORM OF AFFIRMATION

“I,... ................................ ..do hereby, solemnly, sincerely and truly declare and affirm that I will, to the best of my ability, carry out the duties of Law Officer in accordance with the Border Security Force Act, 1968 and the rules made thereunder 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, on any matter, of any particular member of this Court, unless, required to give evidence thereof by a court of law”.

(B) OFFICER ATTENDING FOR THE PURPOSE OF INSTRUCTION:

FORM OF OATH

“I, ... ............................... ...swear by Almighty God 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”.

FORM OF AFFIRMATION

“I,... ......................................... .do 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”.

FORM OF OATH

“I, ... ............................... ...swear by Almighty God that I will truly take down to the best of my power, the evidence to be given before this Court and such other matters as I may be required to take down and will, when required, deliver to the Court a true transcript of the same”.

BSF RULES 118 FORM OF AFFIRMATION

“I,... .......................... .do solemnly, sincerely and truly, declare and affirm, that I will truly take down to the best of my power the evidence to be given before this Court and such other matters as I may be required to take down and will, when required, deliver to the court a true transcript of the same”.

(D) INTERPRETER

FORM OF OATH

“I, ... ............................ ...swear by Almighty God that I will faithfully, interpret and translate, as I shall be required to do, touching the matter before this Court”.

FORM OF AFFIRMATION

“I, ... ........................................ .do solemnly, sincerely and truly declare and affirm that I will faithfully interpret and translate, as I shall be required to do, touching the matter before this Court”.

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.

(2) if there is more than one charge, against the accused he shall be required to plead separately to each charge.

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(3) If there is more than one charge-sheet, against the accused, before the Court, the Court shall proceed with the charges in the first of such charge-sheets and shall announce its finding thereon and if the accused has pleaded guilty, comply with rule 78, before it arraigns him upon the charges in any subsequent charge-sheet.

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.

(2) If the Court allows the plea it shall adjourn and report to the convening officer.

(3) When the Court reports to the convening officer under this rule, the convening officer shall :-

(a) if he approves the decision of the Court to allow the plea, dissolve the Court;

(b) if he disapproves the decision of the court; either

(i) refer the matter back to the Court and direct them to proceed with the trial ; or

(ii) convene a fresh Court to try the accused.

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.

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(2) If the Court upholds the objection, it shall either amend the charge if permissible under rule 57 or adjourn and report to the convening officer:

Provided that if there is another charge or another charge sheet before the Court, the Court may, before adjourning under this rule, proceed with the trial of such other charge or other chargesheet.

(3 ) When the Court reports to the convening officer under this rule, the convening officer shall:-

(a) if he approves the decision of the Court to allow the objection:-

(i) dissolve the Court; or

(ii) where there is another charge or another charge- sheet before the Court to which the objection does not relate and which the Court has not tried, direct the Court to proceed with the trial of such other charge or charge- sheet only, or

(iii) amend the charge to which the objection relates if permissible under rule 58 and direct the Court to try it as amended,

(b) If he disapproves the decision of the Court to allow the objection:-

(i) direct the Court to try the charge, or

(ii) where there is another charge or another charge- sheet before the Court to which the objection does not relate and which the Court has not tried, direct the Court to proceed with the trial of such other charge or charge- sheet only, or

(iii) convene a fresh Court to try the accused.

74. Plea in bar of trial.- (1) An accused before pleading to

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a charge may offer a plea that the trial is barred under section 75 or section 76. If he does so :-

(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.

(2) If the Court allows the plea it shall adjourn and report to the convening officer :

Provided that if there is another charge or another charge- sheet before the Court, the Court may, before adjourning under this rule, proceed with the trial of such other charge or other chargesheet.

(3) When a Court reports to the convening officer under this rule, the convening officer shall:-

(a) if he approves the decision of the Court to allow the plea,

(i) dissolve the Court; or

(ii) where there is another charge or another charge- sheet before the Court to which the plea does not (relate and which the Court has) not tried, direct the Court to proceed with the trial of such other charge or charge- sheet only,

(b) if he disapproves the decision of the Court to allow the plea :-

(i) direct the Court to try the charge; or

(ii) where there is another charge or another charge- sheet before the Court to which the plea does not relate and which the Court has not tried direct the Court to

Provisions this rule answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.