ARREST AND PROCEEDINGS BEFORE TRIALCentral

Section 74 of The Indo-Tibetan Border Police Force Act, 1992

(1)When any person subject to this Act has been absent from duty without due authority for a period of thirty days, a court of inquiry shall, as soon as practicable, be appointed by such authority and in such manner as may be prescribed; and such court shall, on oath or affirmation administered in the prescribed manner, inquire respecting the absence of the person, and the deficiency, if any, in the property of the Government entrusted to his care, or in any arms, ammunition, equipment, instruments, clothing or necessaries; and if satisfied of the fact of such absence without due authority or other sufficient cause, the court shall declare such absence and the period thereof and the said deficiency, if any, and the commanding officer of the unit to which the person belongs or is attached, shall make a record thereof in the prescribed manner.
(2)If the person declared absent does not afterwards surrender or is not apprehended, he shall, for the purposes of this Act, be deemed to be a deserter.

Summary

This section outlines how to formally investigate a force member who has been absent without permission for a month.
A court of inquiry must be appointed after a person is absent without due authority for thirty days.
The inquiry examines the absence and checks if any government property, weapons, or clothing are missing.
If the inquiry confirms the unauthorised absence, it makes a formal declaration and the commanding officer records it.
If the absent person does not return or get caught, they are legally considered a deserter.

Practical examples

1Sub-Inspector Ravi takes a weekend leave starting June 1, 2025, but does not return. By July 1, thirty days have passed. The unit appoints a court of inquiry to formally investigate his absence and check his assigned gear.

2Head Constable Sharma goes missing and the court of inquiry declares him absent without authority, noting his service rifle is also missing. Sharma never surrenders, so the force officially classifies him as a deserter.

FAQ

1. How long must a person be absent before an inquiry starts under Section 74 of The Indo-Tibetan Border Police Force Act, 1992?

Under Section 74 of the Act, a court of inquiry is appointed when a person has been absent without due authority for a period of thirty days.

2. Does the court of inquiry under Section 74 of the 1992 defence law check for missing equipment?

Yes, Section 74 requires the court to inquire about any deficiency in government property, arms, ammunition, equipment, instruments, clothing, or necessaries entrusted to the absent person.

3. What happens if a person declared absent under Section 74 of the Indo-Tibetan Border Police Force Act never returns?

According to Section 74 of the Act, if the person does not surrender or get apprehended afterwards, they are deemed to be a deserter for the purposes of the law.

Test yourself

Q1.Under Section 74 of The Indo-Tibetan Border Police Force Act, 1992, how many days of unauthorised absence trigger a court of inquiry?

Q2.What specific finding must the court of inquiry make before the commanding officer records the absence under Section 74 of the 1992 Act?

Q3.According to Section 74 of the Indo-Tibetan border force law, what is the legal status of an absent person who never surrenders after the inquiry declaration?

Q4.Which of the following items is explicitly mentioned in Section 74 of the ITBP Act as something the court of inquiry must check for deficiency?

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