Section 16 of The Indo-Tibetan Border Police Force Act, 1992
Any person subject to this Act who commits any of the following offences, that is to say,—
- (a)shamefully abandons or delivers up any post, place or guard, committed to his charge or which it is his duty to defend; or
- (b)intentionally uses any means to compel or induce any person subject to this Act or to any other law relating to military, naval, air force or any other armed force of the Union to abstain from acting against the enemy or to discourage such person from acting against the enemy; or
- (c)in the presence of the enemy or terrorist, shamefully casts away his arms, ammunition, tools or equipment or misbehaves in such manner as to show cowardice; or
- (d)treacherously holds correspondence with, or communicates intelligence to, the enemy, terrorist or any person in arms against the Union; or
- (e)directly or indirectly assists the enemy or terrorist with money, arms ammunition, stores or supplies or in any other manner whatsoever; or
- (f)in time of active operation against the enemy or terrorist, intentionally occasions a false alarm in action, camp, quarters or spreads or causes to be spread reports calculated to create alarm or despondency; or
- (g)in time of action leaves his commanding officer or other superior officer or his post, guard, picket, patrol or party without being regularly relieved or without leave; or
- (h)having been captured by the enemy or made a prisoner of war, voluntarily serves with or aids the enemy; or
- (i)knowingly harbours or protects an enemy, not being a prisoner; or
- (j)being a sentry in time of active operation against the enemy or alarm, sleeps upon his post or is intoxicated; or
- (k)knowingly does any act calculated to imperil the success of the Force or the military, naval or air force of India or any forces co-operating therewith or any part of such forces, shall, on conviction by a Force Court, be liable to suffer death or such less punishment as is in this Act mentioned.
Summary
- The single most important thing this provision does is define the most severe combat and treason-related offences that are punishable by death.
- It criminalizes abandoning a post, acting cowardly in the presence of the enemy, or casting away weapons.
- It severely punishes communicating with, assisting, or providing weapons and money to the enemy or terrorists.
- It forbids creating false alarms, spreading panic, or sleeping while on sentry duty during active operations.
- It applies the death penalty or lesser punishments to those who voluntarily serve the enemy if captured as a prisoner of war.
Practical examples
FAQ
1. Under Section 16 of the Indo-Tibetan Border Police Force Act, 1992, what is the maximum punishment for helping terrorists with supplies?
Under Section 16 of the Indo-Tibetan Border Police Force Act, 1992, assisting the enemy or terrorists with supplies is punishable by death or a lesser punishment mentioned in the Act.
2. Does Section 16 of the ITBPF Act, 1992 apply if a guard falls asleep?
Yes, under Section 16 of the ITBPF Act, 1992, being a sentry and sleeping upon your post during active operation against the enemy is an offence punishable by death.
3. According to Section 16 of the Defence law, what happens if I spread a false rumor during combat?
Under Section 16 of the Defence law, intentionally causing a false alarm or spreading reports calculated to create unnecessary alarm or despondency during active operations is punishable by death.
Test yourself
Q1.Under Section 16 of the Indo-Tibetan Border Police Force Act, 1992, which of the following acts by a sentry during active operation is explicitly punishable by death?
Q2.Under Section 16 of the ITBPF Act, 1992, how is a force member punished if they are captured and voluntarily aid the enemy?
Q3.Which of these actions is a death penalty offence under Section 16 of the Indo-Tibetan Border Police Force Act, 1992?
Q4.Under Section 16 of the Defence law, what constitutes an offence regarding fellow armed forces members?