THE NATIONAL SECURITY GUARD ACT, 1986
(47 of 1986)
{22nd September, 1986}
An Act to provide for the constitution and re gulation of an armed force of the Union
for combating terrorist activities with a view to protecting States against internal
disturbance and for matters connected therewith.
Be it enacted by Parliament in the T hirty-seventh Year of the Republic of
India as follows: -
CHAPTER-I
PRELIMINARY
1. Short title and commencement.
(1) This Act may be called the National Security Guard Act, 1986.
(2) It shall come into force on such date as the Central Government may, be
notification in the Official Gazette, appoint.
2. Definitions.
(1) In this Act, unless the context otherwise requires, -
(a) “active duty”, in relation to a person subject to this Act, means
any duty as a member of the Security Guard during the period
in which such person is attached to or forms part of, a unit of
the Security Guard-
(i) Which is engaged in operations against terrorists or any person
in arms against the Union; or
(ii) Which is operating at a picket or engaged on patrol or any other
duty, in relation to combating terrorist activity;
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(b) “Assistant Commander” means a person appointed or in pay as
an Assistant Commander Grade I, Assistant Commander Grade
II or Assistant Commander Grade III;
(c) “civil offence” means an offence which is triable by a Criminal
Court or by a special Judge appointed under the Criminal Law
Amendment Act, 1952;
(d) “civil prison” means any jail or place used for the detention of
any criminal prisoner under the Pr isons Act, 1894, or under any
other law for the time being in force;
(e) “Combatised tradesman” means a person appointed or in pay as
a combatised tradesman;
(f) “ Commander”, when used in any provision of this Act with
reference to any unit of the Secu rity Guard, means the officer
whose duty it is to discharge with respect to that unit, the
functions of a Commander in regard to matters of the
description referred to in that provision;
(g) “Criminal Court” means a C ourt of ordinary criminal justice in
any part of India and includes a Court of a special Judge
appointed under the Criminal Law Amendment Act, 1952;
(h) “Deputy Inspector-General” means a Deputy Inspector-General
of the Security Guard appointed under section 5;
(i) “Director-General” and Additional Director-General” mean,
respectively, the Director-Gen eral and an Additional Director-
General of the Security Guard appointed under section 5;
(j) “Group” means a unit of the Security Guard constituted as a
Group by the Central Government;
(k) “Group Commander” means a Group Commander of the
Security Guard appointed under section 5;
(l) “Inspector-General” means an Inspector-General of the Security
Guard appointed under section 5;
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(m) “Judge Attorney-General”, “Additional Judge Attorney
General”, “Deputy Judge Attorney General” and “Judge
Attorney” mean, respectively, the Judge Attorney-General, an
Additional Judge Attorney-Genera l a Deputy Judge Attorney-
General and a Judge Attorney of the Security Guard appointed
in the appropriate rank by the Central Government;
(n) “member of the Security Guard” means an officer, an Assistant
Commander, a Ranger or a combatised tradesman;
(o) “notification” means a notif ication published in the Official
Gazette;
(p) “offence” means any act or omission punishable under this Act
and includes a civil offence;
(q) “officer” means a person appointed or in pay as an officer of the
Security Guard;
(r) “prescribed” means prescribed by rules;
(s) “Ranger” means a Ranger Grade I and a Ranger Grade II of the
Security Guard;
(t) “rule” means a rule made under this Act;
(u) “Security Guard” means the National Security Guard;
(v) “Security Guard Court” means a Court referred to in section 61;
(w) “Security Guard custody’ means the arrest or confinement of a
member of the Security Guard according to rules;
(x) “superior officer”, when used in relation to a person subject to
this Act, means-
(i) any member of the Security Guard to whose command
such person is for the time being subject in accordance
with the rules;
(ii) any officer of a higher rank or class,
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and includes, when such person is not an officer, an Assistant
Commander or a Ranger of a higher rank or class;
(y) “terrorist” means any pe rson who, with intent to over-awe the
Government as by law established or to strike terror in the
people or any section of the people or to alienate any section of
the people or to adversely aff ect the harmony amongst different
sections of the people, does any act or thing by using bombs,
dynamite or other explosive s ubstances or inflammable
substances or firearms or othe r lethal weapons or poisons or
noxious gases or other chemicals or any other substances
(whether biological or otherwise) of a hazardous nature, in such
a manner as to cause, or as is likely to cause, death of, or
injuries to, any person or persons or damage to, or destruction
of, property or disruption of any supplies or services essential to
the life of the community;
(z) all words and expressions us ed and not defined in this Act but
defined in the Indian Penal C ode shall have the meanings
respectively assigned to them in that Code.
(2) In this Act, references to any law not in force in any State shall be
construed as references to the corresponding law in force in that State.
3. Persons subject to this Act.
(1) The following persons appointed (whether on deputation or in any
other manner) in the Security Guard shall be subject to this Act, wherever they may
be, namely: -
(a) officers and Assistant Commanders; and
(b) Rangers and combatised tradesmen.
(2) Every person subject to this Act shall remain so subject until repatriated,
retired, released, discharged, removed or dismissed from the Security Guard in
accordance with the provisions of this Act and the rules.
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CHAPTER II
CONSTITUTION OF THE SECURITY GUARD AND CONDITIONS OF
SERVICE OF THE MAMBERS OF THE SECURITY GUARD
4. Constitution of the Security Guard.
(1) There shall be an armed force of the Union called the National Security
Guard for combating terrorist activities with a view to protect States against internal
disturbances.
(2) Subject to the provisions of this Act, the Security Guard shall be
constituted in such manner as may be prescr ibed and the conditions of service of the
members of the Security Guard shall be such as may be prescribed.
5. Control, direction, etc.
(1) The general superintendence, direction and control of the Security
Guard shall vest in, and be exercised by, the Central Government and subject thereto
and to the provisions of this Act and the r ules, the command and supervision of the
Security Guard shall vest in an officer to be appointed by the Central Government as
the Director-General of the Security Guard.
(2) The Director-General shall, in the discharge of his duties under this
Act, be assisted by such number of Additiona l Directors-General, Inspectors-General,
Deputy Inspectors-General, Group Commanders and other officers as may be
appointed by the Central Government.
6. Liability for service outside India.
Every member of the Security Guard sh all be liable to serve in any part of
India as well as outside India.
7. Resignation and withdrawal from the post.
No member of the Security Guard shall be at liberty-
(a) to resign his appointment during the term of his engagement; or
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(b) to withdraw himself from all or a ny of the duties of his appointment,
except with the previous permission in writing of the prescribed authority.
8. Tenure of service under the Act.
Every person subject to this Act sha ll hold office during the pleasure of the
President.
9. Termination of service by Central Government.
Subject to the provisions of this Act a nd the rules, the Central Government
may dismiss or remove from service any person subject to this Act.
10. Dismissal, removal or reduction by the Director-General and by other
officers.
(1) The Director-General, any Additional Director-General or any
Inspector-General may dismiss or remove from service or reduce to a lower grade or
rank or the ranks, any person subject to this Act other than an officer.
(2) An officer not below the rank of a Deputy Inspector-General or any
prescribed officer may dismiss or remove from the service any person under his
command other than an officer or an Assistant Commander.
(3) Any such officer as is mentione d in sub-section (2) may reduce to a
lower grade or rank or the ranks any pers on under his command except an officer or
an Assistant Commander.
(4) The exercise of any power under this section shall be subject to the
provisions of this Act and the rules.
11. Certificate of termination of service.
An Assistant Commander or a Ranger or a combatised tradesmen who is
retired, released, discharged, removed or dismissed from the service shall be
furnished by the officer to whose command he is subject, with a certificate setting
forth-
(a) the authority terminating his service;
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(b) the cause for such termination; and
(c) the full period of his service in the Security Guard.
12. Restrictions respecting right to form associations, freedom of speech, etc.
(1) No person subject to this Act shall, without the previous sanction in
writing of the Central Government or of the prescribed authority,-
(a) be a member of, or be associ ated in any way with, any trade union,
labour union, political association or with any class of trade unions,
labour unions or political associations; or
(b) be a member of, or be associ ated in any way with, any society,
institution, association or organization that is not recognized as part of
the Security Guard or is not of a purely social, recreational or religious
nature; or
(c) communicate with the press or publish or cause to be published any
book, letter or other document except where such communication or
publication is in the bona fide discharge of his duties or is of a purely
literary, artistic or scientific character or is of a prescribed nature.
Explanation- If any question arises as to whether any society, institution, association
or organization is of a purely social, r ecreational or religious nature under clause (b)
of this sub-section, the decision of the Central Government thereon shall be final.
(2) No person subject to this Act sha ll participate in, or address, any
meeting or take part in any demonstration organized by any body of persons for any
political purposes or for such other purposes as may be prescribed.
13. Remedy of aggrieved persons other than officers.
(1) Any person subject to this Act other than an officer who deems himself
wronged by any superior or other officer may, complain to the officer under whose
command he is serving.
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(2) When the officer complained against is the officer to whom any
complaint should, under sub-section (1), be preferred, the aggrieved person may
complain to such officer’s next superior officer.
(3) Every officer receiving any such co mplaint shall make as complete an
investigation into it as may be possible for giving full redress to the complaint; or
when necessary, refer the complaint to a superior authority.
(4) The Director-General may revise any decision made under any of the
foregoing sub-sections, but, subject thereto, such decision shall be final.
14. Remedy of aggrieved officers.
Any officer who deems himself wronge d by his Commander or any other
superior officer and who, on due applica tion made to his Commander or such other
superior officer, does not receive the redr ess to which he considers himself entitled,
may complain to the Director-General or the Central Government through proper
channel.
CHAPTER III
OFFENCES
15. Offences in relation to the terrorists and other persons in arms against
the Union and punishable with death.
Any person subject to this Act who commits any of the following offences,
that is to say,-
(a) Shamefully abandons place of his duty or misbehaves in such manner
as to show cowardice during operations;
(b) Treacherously holds correspondence with, or communicates
intelligence to a terrorist or any person in arms against the Union; or
(c) directly or indirectly assists a ny terrorist with money, arms,
ammunition, stores or supplies or in any other manner whatsoever; or
(d) knowingly does any act calculated to imperil the success of the
Security Guard or the military, nava l, air forces or any other armed
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force of India or any forces co- operating therewith or any part of such
forces,
shall, on conviction by a Security Guard Court, be liable to suffer death or such less
punishment as is in this Act mentioned.
16. Offence punishable more severely on active duty than at other times.
Any person subject to this Act who commits any of the following offences,
that is to say,-
(a) forces a safeguard, or forces or uses criminal force to a sentry; or
(b) breaks into any house or other place in search of plunder; or
(c) being a sentry sleeps upon his post, or is drunk; or
(d) without orders from his superior offi cer leaves his guard, picket, patrol
or post,
shall, on conviction by a Security Guard Court,-
(i) if he commits any such offen ce when on active duty, be liable to suffer
imprisonment for a term which may e xtend to fourteen years or such
less punishment as is in this Act mentioned; and
(ii) if he commits any such offe nce when not on active duty, be liable to
suffer imprisonment for a term whic h may extend to seven years or
such less punishment as is in this Act mentioned.
17. Mutiny.
Any person subject to this Act who commits any of the following offences,
that is to say,-
(a) begins, incites, causes or conspir es with any other person to cause any
mutiny in the Security Guard or in the military, naval, air forces or any
other armed force of India or any forces co-operating therewith; or
(b) joins in any such mutiny; or
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(c) being present at any such mutiny, does not use his utmost endeavours
to suppress the same; or
(d) knowing or having reason to believe in the existence of any such
mutiny, or of any intention to mutiny or of any such conspiracy, does
not, without delay, give information the reof to his Commander or other
superior officer; or
(e) Endeavors to seduce any person in the Security Guard or in the
military, naval, air forces or any other armed force of India or any
forces co-operating therewith from his duty or allegiance to the Union,
shall, on conviction by the Security Guard Court, be liable to suffer death or such less
punishment as is in this Act mentioned.
18. Desertion and aiding desertion.
(1) Any person subject to this Act who de serts or attempts to desert the
service shall, on conviction by a Security Guard Court,-
(a) If he commits the offence when on active duty or when under orders for
active duty, be liable to suffer death or such less punishment as in this Act
mentioned: and
(b) If he commits the offence under any other circumstances, be liable to
suffer imprisonment for a term, which may extend to seven years or such
less punishment as is in this Act mentioned.
(2) Any person subject to this Act who knowingly harbours any such
deserter shall, on conviction by a Secur ity Guard Court, be liable to suffer
imprisonment for a term which may extend to three years or such less punishment as
is in this Act mentioned.
(3) Any person subject to this Act who, being cognizant of any desertion
or attempt at desertion of a person s ubject to this Act, does not forthwith give notice
to his own or some other superior officer, or take any steps in his power to cause such
person to be apprehended, shall, on convic tion by a Security Guard Court, be liable
to suffer imprisonment for a term which may extend to two years or such less
punishment as is in this Act mentioned.
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(4) For the purpose of this Act, a person deserts, -
(a) If he absents from his Unit or the place of duty at any time which the
intention of not reporting back to such Unit or place, or who, at any
time and under any circumstances when absent from his Unit or place
of duty, does any Act which shows that he has an intention of not
reporting to such Unit or place of duty:
(b) If he absents himself without leave with intent to avoid any active
duty.
19. Absence without leave.
Any person subject to this Act who commits any of the following offences,
that is to say, --
(a) Absent himself without leave: or
(b) Without sufficient cause overstays leave granted to him: or
(c) Being on leave of absence and having received information from the
appropriate authority that any Unit or part thereof to which he belongs,
has been ordered on active duty, fails, without sufficient cause to
rejoin without delay: or
(d) Without sufficient cause fails to appear at the time fixed at the parade
or place appointed for exercise or duty: or
(e) When on parade, or on the line of march, without sufficient cause or
without leave from his superior officer s, quits the parade or line of
march: or
(f) When in camp or elsewhere, is found beyond any limits fixed, or in
any place prohibited, by any general, local or other order, without a
pass or written leave from his superior officer: or
(g) Without leave from his superior officer or without due cause absents
himself from any school when duly ordered to attend there,
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Shall, on conviction by a Security Gua rd Court, be liable to suffer
imprisonment for a term, which may e xtend to three years or such less
punishment as is in this Act mentioned.
20. Striking or threatening superior officer.
Any person subject to this Act who commits any of the following offences,
that is to say,-
(a) uses criminal force to or assaults his superior officer: or
(b) uses threatening language to such officer: or
(c) uses insubordinate language to such officer,
Shall on conviction by a Security Guard Court –
i) if such officer is at the time in the execution of his office or, if
the offence is committed on active duty, be liable to suffer
imprisonment for a term which ma y extend to fourteen years
or such less punishment as is in this Act mentioned : and
ii) In other cases, be liable to su ffer imprisonment for a term which
may extend to ten years of such less punishment as is in this Act
mentioned:
Provided that in the case of any offence specified in clause (c) the imprisonment shall
not exceed five years.
21. Disobedience to superior officer.
(1) Any person subject to this Act who disobey, in such manner as to show
a willful defiance of authority, any lawful command given personally by his superior
officer in the execution of his office whether the same is givens orally, or in writing
or by signal or otherwise, shall, on convic tion by a Security Guard Court, be liable to
suffer imprisonment for a term which may extend to fourteen years or such less
punishment as is in this Act mentioned.
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(2) Any person subject to this Act who disobeys any lawful command
given by his superior officer shall, on c onviction by a Security Guard Court, be liable
to suffer imprisonment for a term which ma y extend to seven years of such less
punishment as is in this Act mentioned.
22. Assault and obstruction.
Any person subject to this act who commits any of the following offences,
that is to say, -
(a) being concerned in any quarrel, affray or disorder, refuses to obey any
officer, though of inferior rank, who or ders him into arrest, or uses
criminal force to assaults any such officer: or
(b) uses criminal force to, or assaults any person, whether subject to this
act or not, in whose custody he is lawfully placed, and whether he is or
is not his superior: or
(c) resists an escort whose duty it is to apprehend him or have him in
charge : or
(d) breaks out of barracks, camp or quarters: or
(e) refuses to obey any general, local or other order,
Shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a
term which may extend in the case of offences specified in clauses (d) and (e), to two
years, and in the case of offences specified in the other clauses, to ten years, or in
either case such less punishment as is in this Act mentioned.
23. Certain forms of disgraceful conduct.
Any person subject to this Act who commits any of the following offences,
that is to say, _
(a) is guilty of any disgraceful conduct of a cruel, indecent or unnatural
kind: or
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(b) malingers or feigns or produces diseases or infirmity in himself or
intentionally delays his cure or aggr avates his diseases or infirmity
:or
(c) with intent to render himself or a ny other person unfit for service,
voluntarily causes hurt to himself or that person,
Shall, on conviction by a security Guard Court, be liable to suffer imprisonment for a
term, which may extend to seven years or such less punishment as is in this Act
mentioned.
24. Ill-treating a subordinate.
Any officer, Assistant Commander or Ra nger Grade I who uses criminal force
to, or otherwise ill-treats, any person subj ect to this Act, being his subordinate in rank
or position, shall, on conviction by a Secur ity Guard Court, be liable to suffer
imprisonment for a term which may extend to seven years or such less punishment as
is in this Act mentioned.
25 Drunkenness.
(1) Any person subject to this Act, who is found in a state of drunkenness,
whether on duty or not, shall, on conviction by a Security Guard Court be liable to
suffer imprisonment for a term which ma y extend to six months or such less
punishment as is in this Act mentioned.
(2) For the purpose of sub section (1) a person shall be deemed to be in a
state of drunkenness if, owing to the influen ce of alcohol or any drug whether along
or in combination with any other substance, he is unfit to be entrusted with his duty
or with any duty which he may be called upon to perform or behaves in a disorderly
manner or in a manner likely to bring discredit to the Security Guard.
26. Permitting escape of person in custody.
Any person subject to this Act who commits any of the following offences,
that is to say, -
(a) when in command of a guard, picke t, patrol, detachment or post,
releases without proper authority, whether willfully or without
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reasonable excuse, any person committed to his charge, or refuses to
receive any prisoner or person so committed; or
(b) wilfully or without reasonable excuse allows to escape any person who
is committed to his charge, or whom it is his duty to keep or guard,
shall, on conviction by a Security Guard Court, be liable, if he has acted willfully, to
suffer imprisonment for a term which ma y extend to ten years or such less
punishment as is in this Act mentioned; and if he has not acted willfully, to suffer
imprisonment for a term which may extend to two years or such less punishment as is
in this Act mentioned.
27. Irregularity in connection with arrest or confinement.
Any person subject to this Act who commits any of the following offences,
that is to say.-
(a) unnecessarily detains a pers on in arrest or confinement without
bringing him to trial, or fails to bring his case before the proper
authority for investigation; or
(b) having committed a person to S ecurity Guard custody fails without
reasonable cause to deliver at the time of such committal, or as soon as
practicable, and in any case within fo rty-eight hours thereafter, to the
officer or other person into whose custody the person arrested is
committed, an account in writing signed by himself of the offence with
which the person so committed is charged,
shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a
term which may extend to one year or such less punishment as is in this Act
mentioned.
28. Escape from custody.
Any person subject to this Act who, be ing in lawful custody, escapes or
attempts to escape, shall, on conviction by a Security Guard Court, be liable to suffer
imprisonment for a term which may extend to three years or such less punishment as
is in this Act mentioned.
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29. Offences in respect of property.
Any person subject to this Act who commits any of the following offences,
that is to say, -
(a) commits theft of any proper ty belonging to the Government, or to any
Security Guard mess, band or ins titution, or to any person subject to
this Act; or
(b) dishonestly misappropriates or converts to his own use any such
property; or
(c) commits criminal breach of trust in respect of any such property; or
(d) dishonestly receives or retains a ny such property in respect of which
any of the offences under clauses (a ), (b) and (c) has been committed,
knowing or having reason to believe the commission of such offence;
or
(e) wilfully destroys or injures any pr operty of the Government entrusted
to him; or
(f) does any other thing with intent to defra ud, or to cause wrongful gain
to one person or wrongful loss to another person,
shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a
term which may extend to ten years or such less punishment as is in this Act
mentioned.
30. Extortion and exaction.
Any person subject to this Act who commits any of the following offences,
that is to say,-
(a) commits extortion; or
(b) without proper authority exacts from any person money, provisions or
service,
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shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a
term which may extend to ten years or such less punishment as is in this Act
mentioned.
31. Making away with equipment.
Any person subject to this Act who commits any of the following offences,
that is to say, -
(a) makes away with, or is concerned in making away with, any arms,
ammunition, equipment, instrume nts, tools, clothing or any other thing
being the property of the Government issued to him for his use or
entrusted to him; or
(b) loses by neglect anything mentioned in clause (a); or
(c) sells, pawns, destroys or defaces any medal or decoration granted to
him,
shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a
term which may extend, in the case of the o ffences specified in clause (a), to ten
years, and in the case of the offences specified in the other clauses, to five years, or in
either case such less punishment as is in this Act mentioned.
32. Injury to property.
Any person subject to this Act who commits any of the following offences,
that is to say,-
(a) destroys or injures any property mentioned in clause (a) of section 31,
or any property belonging to any S ecurity Guard mess, band or
institution, or to any person subject to this Act; or
(b) commits any act which causes da mage to, or destruction of, any
property of the Government by fire or in any other manner whatever;
or
(c) kills, injures, makes away with, ill-treats or loses, any animal entrusted
to him,
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shall, on conviction by a Security Guard Court, be liable, if he has acted willfully, to
suffer imprisonment for a term which ma y extend to ten years or such less
punishment as is in this Act mentioned; a nd if he has acted without reasonable
excuse, to suffer imprisonment for a term whic h may extend to five years or such less
punishment as is in this Act mentioned.
33. False accusations.
Any person subject to this Act who commits any of the following offences,
that is to say, -
(a) makes a false accusation against any person subject to this Act,
knowing or having reason to believe such accusation to be false; or
(b) in making a complaint against any person subject to this Act makes
any statement affecting the char acter of such person, knowing or
having reason to believe such stat ement to be false, or knowingly and
willfully suppresses any material fact,
shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a
term which may extend to three years or such less punishment as is in this Act
mentioned.
34. Falsifying official documents and false declarations .
Any person subject to this Act who commits any of the following offences,
that is to say,-
(a) in any report, return, list, certif icate, book or other document made or
signed by him, or of the contents of which it is his duty to ascertain the
accuracy, knowingly makes, or is privy to the making of, any false or
fraudulent statement; or
(b) in any document of the description mentioned in clause (a) knowingly
makes, or is privy to the ma king of, any omission, with intent to
defraud; or
(c) knowingly and with intent to injure a ny person, or knowingly and with
intent to defraud, suppresses, defaces , alters or makes away with any
document which it is his duty to preserve or produce; or
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(d) where it is his official duty to make a declaration respecting any
matter, knowingly makes a false declaration; or
(e) obtains for himself, or for any othe r person, any pension, allowance or
other advantage or privilege by a st atement which is false, and which
he either knows or believes to be fals e or does not believe to be true, or
by making or using a false entry in any book or record, or by making
any document containing a false stat ement, or by omitting to make a
true entry or document containing a true statement,
shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a
term which may extend to ten years or such less punishment as is in this Act
mentioned.
35. False declaration on appointment.
Any person having become subject to this Act who is discovered to have
made at the time of appointment a willf ully false statement or declaration in
connection with his appointment, shall, on c onviction by a Security Guard Court, be
liable to suffer imprisonment for a term whic h may extend to three years or such less
punishment as is in this Act mentioned.
36. Offences relating to Security Guard Court.
Any person subject to this Act who commits any of the following offences,
that is to say, -
(a) being duly summoned or ordered to attend as a witness before a
Security Guard Court, willfully or without reasonable excuse, makes
default in attending; or
(b) refuses to take an oath or make an affirmation legally required by a
Security Guard Court to be taken or made; or
(c) refuses to produce or deliver a ny document in his power or control
legally required by a Security Guard Court to be produced or delivered
by him; or
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(d) refuses, when a witness, to answ er any question which he is by law
bound to answer; or
(e) is guilty of contempt of the S ecurity Guard Court by using insulting or
threatening language, or by causing any interruption or disturbance in
the proceedings of such court,
shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a
term which may extend to three years or such less punishment as is in this Act
mentioned.
37. False evidence.
Any person subject to this Act who, ha ving been duly sworn or affirmed
before any Security Guard Court, or befo re any officer competent under this Act to
administer oath or affirmation or before a Court of inquiry constituted under this Act,
makes any statement which is false, and whic h he either knows or believes to be false
or does not believe to be true, shall, on conviction by a Security Guard Court, be
liable to suffer imprisonment for a term whic h may extend to seven years or such less
punishment as is in this Act mentioned.
38. Unlawful detention of pay.
Any officer, Asst. Commander or Range r Grade I who, having received the
pay of a person subject to this Act unlawf ully detains or refuses to pay the same
when due, shall, on conviction by a Secur ity Guard Court, be liable to suffer
imprisonment for a term which may extend to five years or such less punishment as
is in this Act mentioned.
39. Unbecoming conduct.
Any officer or Assistant Commander who behaves in a manner unbecoming
of his position and the character expected of him shall, on conviction by a Security
Guard Court, be liable to be dismissed or to suffer such less punishment as is in this
Act mentioned.
40. Violation of good order and discipline.
Any person subject to this Act who is guilty of any act or omission which,
though not specified in this Act, is prejudic ial to good order and discipline of the
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Security Guard Court shall, on conviction by a Security Guard Court, be liable to
suffer imprisonment for a term which ma y extend to seven years or such less
punishment as is in this Act mentioned.
41. Miscellaneous offences.
Any person subject to this Act who commits any of the following offences,
that is to say, -
(a) being in command of any detachment or post or on the march, and
receiving a complaint that any one unde r his command has beaten or
otherwise maltreated or oppressed any person, or has caused
disturbance at any public place, or co mmitted any riot or trespass, fails
to have due reparation made to the injured person or to report the case
to the proper authority: or
(b) by defiling any place of worship, or otherwise or intentionally insults
the religion, or wounds the religious feelings of any person : or
(c) attempts to commit suicide, a nd in such attempt does any act towards
commission of such offence : or
(d) being below the rank of an A ssistant Commander, when off duty,
appears without proper authority, in or about camp, or in or about, or
when going to, or returning from, any town carrying a rifle, sword or
other offensive weapon: or
(e) directly or indirectly accepts or obtains, or agrees to accept, or attempts
to obtain, for himself or for any other person any gratification as a
motive or reward for procuring the appointment of any person or leave
of absence, promotion or any othe r advantage or indulgence for any
person in the service; or
(f) commits any offence against the property or person of any inhabitant
of, or resident in, the country in which he is serving,
shall , on conviction by a Security Guard Cour t , be liable to suffer imprisonment for
a term which may extend to seven years or such less punishment as is in this Act
mentioned.
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42. Attempt.
Any person subject to this Act who attem pts to commit any of the offences
specified in sections 15 to 41 (both inclusive ) and in such attempt does any act
towards the commission of the offence shall;, on conviction by a Security Guard
Court, where no express provision is made by this Act for the punishment of such
attempt, be liable, -
(a) if the offence attempted to be committed is punishable with death, to
suffer imprisonment for a term which may extend to fourteen years or
such less punishment as is in this Act mentioned; and
b) If the offence attempted to be committed is punishable with
imprisonment, to suffer imprisonme nt for a term which may extend to
one-half of the longest term provide d for that offence or such less
punishment as is in this Act mentioned.
43. Abetment of offences that have been committed.
Any person subject to this Act who abets the commission of any of the
offences specified in sections 15 to 41 (both inclusive) shall, on conviction by a
Security Guard Court, if the act abetted is committed in consequence of the abetment
and no express provision is made by this Act for the punishment of such abetment, be
liable to suffer the punishment provided for tha t offence or such less punishment as
in this Act mentioned.
44. Abetment of offences that have not been committed.
(1) Any person subject to this Act who abets the commission of any of the
offences punishable with death under sections 15, 17 and sub section (1) of 18 shall,
on conviction by a Security Guard Court, if that offence be not committed in
consequence of the abetment, and no expre ss provision is made by this Act for the
punishment of such abetment, be liable to suffer imprisonment for a term which may
extend to fourteen years or such less punishment as is in this Act mentioned.
(2) Any person subject to this Act who abets the commission of any of the
offences specified in sections 15 to 41 (both inclusive) and punishable with
imprisonment shall, on conviction by a Secur ity Guard Court, if that offence be not
committed in consequence of the abetment, and no express provision is made by this
Act for the punishment of such abetment, be liable to suffer imprisonment for a term
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which may extend to one-half of the longest term provided for that offence or such
less punishment as is in this Act mentioned.
45. Civil offences.
Subject to the provisions of section 46, any person subject to this Act who at
anyplace in, or beyond, India commits any civil offence shall be deemed to be guilty
of an offence against this Act and, if charged therewith under this section shall be
liable to be tried by a Security Guard C ourt and, on conviction, be punishable as
follows, that is to say, -
(a) If the offence is one which would be punishable under any law in force in
India with death, he shall be liable to suffer any punishment assigned for
the offence, by the aforesaid law and such less punishment as in this Act
mentioned; and
(b) in any other case, he shall be liable to suffer any punishment, assigned for
the offence by the law in force in India , or imprisonment for a term which
may extend to seven years, or such less punishment as is in this Act
mentioned.
46. Civil offences not triable by a Security Guard Court.
A person subject to this Act who commits an offence of murder or of culpable
homicide not amounting to murder against, or a rape in relation to, a person not
subject to this Act shall not be deemed to be guilty of an offence under this Act and
shall not be tried by a Security Guard C ourt, unless he commits any of the said
offences,-
(a) While on active duty; or
(b) At anyplace outside India.
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CHAPTER IV
PUNISHMENTS
47. Punishments awardable by Security Guard Courts.
(1) punishment may be inflicted in resp ect of offences committed by persons
subject to this Act and convicted by Secu rity Guard Courts according to the scale
following that is to say, -
(a) death;
(c) Imprisonment which may be for the term of life or any other lesser
term but excluding imprisonment for a term, not exceeding three
months in Security Guard Custody;
(c) Dismissal from the service;
(d) Imprisonment for a term not excee ding three months in Security Guard
Custody;
(e) Reduction to the ranks or to a lower rank or grade in the case of Ranger
Grade-I;
(f) Forfeiture of seniority of rank and forfe iture of all or any part of the
service for the purpose of pr omotion where promotion depends upon
length of service;
(g) forfeiture of service for the purpos e of increment or pension or other
prescribed purpose ;
(h) Severe reprimand or reprimand except in the case of persons below the
rank of Ranger Grade I;
(i) forfeiture in the case of a person se ntenced to dismissal from the service
of all arrears of pay and allowan ces and other public money due to him
at the time of such dismissal;
(j) deduction from pay an allowances to make good any proved loss or
damage occasioned by the offence for which he is convicted.
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(2) Each of the punishments specified in sub-section (1) shall be deemed to
be inferior in degree to every punishment preceding it in the above scale.
48. Alternative punishments awardable by Security Guard Courts.
Subject to the provisions of this Ac t, a Security Guard Court may, on
convicting a person subject to this Act of any of the offences specified in sections 15
to 44 (both inclusive) award either the pa rticular punishment with which the offence
is stated in the said sections to be punisha ble or, in lieu thereof, any one of the
punishments lower in the scale set out in s ection 47 regard being had to the nature
and degree of the offence.
49. Combination of punishments.
A sentence of a Security Guard Court may award in addition to, or without
any one other punishment, the punishment speci fied in clause (c) of sub-section (1)
of section 47 and any one or more of the punishments specified in clauses (e) to (j)
(both inclusive) of that sub-section.
50. Punishments otherwise than by Security Guard Courts.
Punishments may also be inflicted in respect of offences committed by
persons subject to this Act without the interv ention of a Security Guard Court in the
manner stated in sections 51 and 53.
51. Minor punishments.
(1) Subject to the provisions of sec tion 52, a Commander of and above the
rank of a Group Commander may, in the prescribed manner proceed against a person
subject to this Act other than an officer or an Assistant Commander, who is charged
with an offence under this Act and award such person, to the extent prescribed, one
or more of the following punishments, that is to say, -
(a) imprisonment in Security Guard custody up to twenty-eight days;
(b) detention up to twenty-eight days;
(c) confinement to the lines up to twenty-eight days;
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(d) extra guards or duties;
(e) deprivation of any acting rank provide d such rank has not been held by
him for more than two years;
(f) severe reprimand or reprimand;
(g) deductions from his pay and allowances of any sum required to make
good any loss or damage occasioned by the offence for which he is
punished.
2. If a group is being temporarily comma nded by an officer of the rank of a
Squadron Commander or a Team Commander, su ch officer shall have full powers of
a Commander as specified in sub-section (1).
3. Subject to the provisions of section 52, a Squadron Commander or a
Team Commander commanding a squadron or a team or any detachment shall have
the power to proceed against a person subject to this Act, other than an officer or an
Assistant Commander, who is charged with an offence under this Act and award such
person to the extent prescribed one or more of the punishments specified in clauses
(a) to (d) and (g) or sub-section (1) provided that the maximum limit of punishment
awarded under each of the clauses (a), (b) and (c) shall not exceed fourteen days.
52. Limit of punishments under section 51.
(1) In the case of an award of two or more of the punishments specified in
clauses (a), (b), (c) and (d) of sub-section (1) of section 51, the punishments specified
in clause (c) or clause (d) shall take eff ect only at the end of the punishment specified
in clause (a) of clause (b).
(2) When two or more of the punishme nts specified in the said clauses (a),
(b) and (c) are awarded to a person c onjointly, or when already undergoing one or
more of the said punishments, the whole e xtent of the punishments shall not exceed
in the aggregate fifty-six days.
(3) The punishment specified in the said clause (a) (b) and (c) shall not be
awarded to any person who is of the rank of Ranger Grade I or was, at the time of
committing the offence for which he is punished, of such rank.
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(4) The punishment specified in clause (f) of sub-section (1) of section 51
shall not be awarded to any person below the rank of Ranger Grade I.
53. Punishment of officers of or be low the rank of Squadron Commanders by
officers not below the rank of Inspectors-General.
An officer not below the rank of an Insp ector-General may, in the prescribed
manner, proceed against an officer of or below the rank of a Squadron Commander,
who is charged with an offence under this Ac t, and award one or more of the
following punishments, that is to say, -
(a) forfeiture of seniority, or in the case of any of them whose promotion
depends upon length of service, forfeiture of service for the Excerpt shown. Open the full act in Lexace.
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