OFFENCESCentral

Section 15 of The Border Security Force Act, 1968

Offences in relation to the enemy and not punishable with death.

Any person subject to this Act who commits any of the following offences, that is to say,

(a)is taken prisoner or captured by the enemy, by want of due precaution or through disobedience of orders, or wilful neglect of duty, or having been taken prisoner or so captured fails to rejoin his service when able to do so; or
(b)without due authority holds correspondence with, or communicates intelligence to, the enemy or any person in league with the enemy or having come by the knowledge of any such correspondence or communication, wilfully omits to discover it immediately to his Commandant or other superior officer, shall, on conviction by a Security force 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.

Summary

This section covers crimes related to the enemy that are serious but do not carry the death penalty.
It punishes those who are captured by the enemy because they were careless or disobeyed orders.
If you are captured but have the chance to rejoin the Force and fail to do so, you are committing an offence.
Communicating with the enemy without proper authority is a crime under this rule.
If you know someone else is communicating with the enemy and you do not tell your commander, you can be punished.
The maximum punishment for these crimes is fourteen years in prison.

Practical examples

1Officer Amit is captured because he left his secure area to go sightseeing, ignoring a direct order to stay inside. He is charged with being taken prisoner through disobedience.

2Neeta finds a hidden radio used by another soldier to talk to the enemy. She keeps it a secret for three days. She has committed an offence by failing to discover it to her superior.

FAQ

1. What is the prison limit under Section 15 of the Border Security Force Act, 1968?

Under Section 15 of the Border Security Force Act, 1968, the maximum term of imprisonment is fourteen years.

2. Does Section 15 of the Border Security Force Act, 1968, apply if I am captured against my will?

It applies if you were captured due to want of due precaution, disobedience, or wilful neglect, as per Section 15 of the Act.

3. What if I find out someone is talking to the enemy under Section 15 of the Border Security Force Act, 1968?

You must immediately report it to your Commandant or superior officer or face punishment under Section 15 of the Act.

Test yourself

1.Under Section 15 of the Border Security Force Act, 1968, what is the maximum prison sentence?

2.Under Section 15 of the Border Security Force Act, 1968, being taken prisoner is an offence if it happens through:

3.If a soldier knows about secret enemy messages but keeps quiet, which section of the Border Security Force Act, 1968, applies?

4.Comparing Section 14 and Section 15 of the Border Security Force Act, 1968, which is true?

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