Section 138 of The Indo-Tibetan Border Police Force Act, 1992 in hindi
Conveyance of prisoner from place to place.
A person under sentence of imprisonment may during his conveyance from place to place, or when on board a ship, aircraft, or otherwise, be subjected to such restraint as is necessary for his safe conduct and removal.
Summary
- This section allows guards to restrain a prisoner who is being moved from one location to another.
- Restraints can be used while the prisoner is travelling on a ship, aircraft, or any other transport method.
- The level of restraint used must be limited to what is necessary to keep the prisoner secure and ensure they are transported safely.
Practical examples
FAQ
1. Under Section 138 of the Indo-Tibetan Border Police Force Act, can a prisoner be tied up during transport?
Yes, Section 138 of the Indo-Tibetan Border Police Force Act allows a prisoner to be subjected to necessary restraints for safe conduct while being moved.
2. Does Section 138 of the ITBPF Act apply to air travel?
Yes, Section 138 of the ITBPF Act explicitly mentions that restraints can be used when the person is on board a ship, aircraft, or being conveyed otherwise.
3. How much restraint is allowed during transport under Section 138 of the border police law?
Under Section 138 of the border police law, the restraint must be only what is necessary for the safe conduct and removal of the prisoner.
Test yourself
Q1.Under Section 138 of the Indo-Tibetan Border Police Force Act, 1992, when can a person under a sentence of imprisonment be subjected to restraint?
Q2.What is the legal standard for applying restraints to a prisoner during transport according to Section 138 of the ITBPF Act?
Q3.According to Section 138 of the border police law, which modes of transport are specifically mentioned for potential prisoner restraint?
Q4.Under Section 138 of The Indo-Tibetan Border Police Force Act, 1992, who exactly is subject to being restrained during conveyance?