OFFENCESCentral

Section 22 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)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 Force Court,—
1. (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 may extend to fourteen years or such less punishment as is in this Act mentioned; and
2. (ii)in other cases, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned: Provided that in the case of an offence specified in clause (c) the imprisonment shall not exceed five years.

Summary

Section 22 of the border police rules strictly prohibits striking or threatening a superior officer.
It covers any person subject to the Act who uses criminal force, assaults, or speaks threateningly to a superior.
Using insubordinate language toward a boss is also penalized, carrying a maximum sentence of five years.
If a superior is executing their office, or if the offence happens on active duty, the penalty jumps to up to fourteen years.
In standard off-duty or non-active circumstances, using physical force or threats carries up to ten years in prison.

Practical examples

1Inspector Raj tells a constable to clean his rifle. The constable gets angry and punches Inspector Raj. Because Raj is in the execution of his office, the constable faces up to 14 years in prison.

2While relaxing in the mess hall off duty, an under-officer gets into a shouting match with a senior officer and uses highly insubordinate language. The under-officer faces up to five years in prison for his words.

FAQ

1. Does Section 22 of the ITBP Act cover bad language?

Yes, Section 22 of the ITBP Act makes it a crime to use insubordinate language to a superior officer, which can lead to a maximum of five years in prison.

2. Can I be punished for threatening an officer even if I don't hit them under Section 22 of the 1992 defence law?

Yes, under Section 22 of the 1992 defence law, simply using threatening language to a superior officer is an offence that can result in ten to fourteen years of imprisonment depending on the circumstances.

Test yourself

Q1.Under Section 22 of The Indo-Tibetan Border Police Force Act, 1992, what is the maximum penalty specifically for using insubordinate language to a superior officer?

Q2.According to Section 22 of the ITBP Act, when does using criminal force against a superior trigger a fourteen-year maximum sentence instead of ten years?

Q3.Under Section 22 of the 1992 border force law, which of the following is NOT listed as an offence?

Q4.If a soldier assaults their commanding officer while the unit is at a peacetime training camp and the officer is off duty, what is the maximum punishment under Section 22 of the Indo-Tibetan Border Police Force Act?

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