Section 139 of The Border Security Force Act, 1968
Powers and duties conferrable and imposable on members of the Force.
- (1)The Central Government may, by general or special order published in the Official Gazette direct that, subject to such conditions and limitations, and within the local limits of such area adjoining the borders of India, as may be specified in the order, any member of the Force may,—
- (i)for the purpose of prevention of any offence punishable under the Passport (Entry into India) Act, 1920 (34 of 1920), the Registration of Foreigners Act, 1939 (16 of 1939), the Central Excises and Salt Act, 1944 (1 of 1944), the Foreigners Act, 1946 (31 of 1946), the Foreign Exchange Regulation Act, 1947 (7 of 1947), the Customs Act, 1962 (52 of 1962), or the Passports Act, 1967 (15 of 1967), or of any cognizable offence punishable under any other Central Act; or
- (ii)for the purpose of apprehending any person who has committed any offence referred to in clause (i), exercise or discharge such of the powers or duties under that Act or any other Central Act as may be specified in the said order, being the powers and duties which, in the opinion of the Central Government, an officer of the corresponding or lower rank is by that or such other Act empowered to exercise or discharge for the said purposes.
- (2)The Central Government may, by general or special order published in the Official Gazette, confer or impose, with the concurrence of the State Government concerned, any of the powers or duties which may be exercised or discharged under a State Act by a police officer upon a member of the Force who, in the opinion of the Central Government, holds a corresponding or higher rank.
- (3)Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or 1 [in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid] both Houses agree in making any modification in the order or both Houses agree that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order.
Summary
- The Central Government can give BSF members powers to enforce other federal laws near the borders.
- These powers help prevent crimes related to passports, foreign registration, customs, and currency regulations.
- Specific laws mentioned include the Customs Act 1962 and the Passports Act 1967.
- BSF members can be given the authority to catch people who break these laws.
- With the state's permission, the Central Government can also give BSF members the powers of state police officers.
Practical examples
FAQ
1. Can BSF members enforce the Customs Act under the Border Security Force Act 1968?
Yes, Section 139 of the Border Security Force Act 1968 allows the Central Government to grant BSF members powers under the Customs Act 1962 for preventing offences or catching offenders.
2. Does the Border Security Force Act 1968 allow members to have the powers of regular state police?
Yes, under Section 139 of the Border Security Force Act 1968, the Central Government can confer state police powers on BSF members, provided the relevant State Government agrees.
3. In what areas can BSF members exercise these extra powers according to the Border Security Force Act 1968?
Section 139 of the Border Security Force Act 1968 states these powers are exercised within local limits of areas adjoining the borders of India as specified in the government order.
Test yourself
1.Under Section 139 of the Border Security Force Act 1968, which Act is NOT specifically listed as one for which BSF members can be given enforcement powers?
2.According to Section 139 of the Border Security Force Act 1968, whose concurrence is needed to give a BSF member the powers of a state police officer?
3.Under Section 139 of the Border Security Force Act 1968, what is the total period an order must be laid before Parliament?
4.What is the primary purpose of conferring extra powers on BSF members under Section 139 of the Border Security Force Act 1968?