The Border Security Force Act, 1968 · III — OFFENCES

Section 46. Civil offences

In force · As amended up to 2026-08

46. Civil offences.— Subject to the provisions of section 47, any person subject to this Act who at any place in, or beyond, India commits any civil offence shall be deemed to be guilty of an offence against this Act and, if charged therewith under this section shall be liable to be tried by a Security Force Court — and, on conviction, be punishable as follows, that is to say, (a) if the offence is one which would be punishable under any law in force in India with death, he shall be liable to suffer any punishment, assigned for the offence, by the aforesaid law and such less punishment as is in this Act mentioned; and (b) in any other case, he shall be liable to suffer any punishment, assigned for the offence by the law in force in India, or imprisonment for a term which may extend to seven years, or such less punishment as is in this Act mentioned. — 47. Civil offences not triable by a Security Force Court. A person subject to this Act who commits an offence of murder or of 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 Security 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.

Source: India Code