Section 50 of The Indo-Tibetan Border Police Force Act, 1992 in hindi
A person subject to this Act who commits an offence of murder or culpable homicide not amounting to murder against, or of rape in relation to, a person not subject to this Act shall not be deemed to be guilty of an offence against this Act and shall not be tried by a Force Court, unless he commits any of the said offences—
- (a)while on active duty; or
- (b)at any place outside India; or
- (c)at any place specified by the Central Government by notification, in this behalf.
Summary
- This section restricts a Force Court from trying members for murder, culpable homicide not amounting to murder, or rape committed against a civilian.
- These specific severe crimes against civilians are not considered offences against the Act under normal circumstances.
- A Force Court can try these crimes if the member committed them while on active duty.
- A Force Court can also try these crimes if they happen at a place outside India.
- The Central Government has the power to issue a notification allowing a Force Court to try these crimes at other specific places.
Practical examples
FAQ
1. Can a Force Court try a member for rape against a civilian under Section 50 of the Indo-Tibetan Border Police Force Act, 1992?
Under Section 50 of the Act, a Force Court cannot try this offence unless the member was on active duty, outside India, or in a specially notified place.
2. Who decides the special places where Section 50 of the ITBPF Act allows a Force Court to try murder?
Under Section 50 of the Act, the Central Government specifies these places by notification.
3. Does Section 50 of the ITBP Force Act prevent Force Courts from trying murder against another Force member?
No, Section 50 of the Act only restricts trials for murder against a person not subject to the Act.
Test yourself
Q1.Which of the following offences is explicitly restricted from Force Court trial by Section 50 of The Indo-Tibetan Border Police Force Act, 1992 unless exceptions apply?
Q2.Under Section 50 of The Indo-Tibetan Border Police Force Act, 1992, a Force Court can try a restricted civil offence if it is committed where?
Q3.What duty status allows a Force Court to try a murder case against a civilian under Section 50 of The Indo-Tibetan Border Police Force Act, 1992?
Q4.How does Section 50 of The Indo-Tibetan Border Police Force Act, 1992 interact with Section 49 regarding a civil offence of theft?
Q5.Under Section 50 of The Indo-Tibetan Border Police Force Act, 1992, who has the power to specify places where these restricted offences can be tried by a Force Court?