PROCEDURE OF SECURITY FORCE COURTSCentral

Section 105 of The Border Security Force Act, 1968

(1)After the conclusion of a trial before any Security Force Court, the court or the officer confirming the finding or sentence of such Security Force Court, or any authority superior to such officer, or, in the case of a Summary Security Force Court whose finding or sentence does not require confirmation, an officer not below the rank of Deputy Inspector-General within whose command the trial was held, may make such order as it or he thinks fit for the disposal by destruction, confiscation, delivery to any person claiming to be entitled to possession thereof, or otherwise, of any property or document produced before the court or in its custody, or regarding which any offence appears to have been committed or which has been used for the commission of any offence.
(2)Where any order has been made under sub-section (1) in respect of property regarding which an offence appears to have been committed, a copy of such order signed and certified by the authority making the same may, whether the trial was held within India or not, be sent to a magistrate within whose jurisdiction such property for the time being is situated, and such magistrate shall thereupon cause the order to be carried into effect as if it were an order passed by him under the provisions of the Code of Criminal Procedure, 1898 (5 of 1898).
(3)In this section, the term "property" includes, in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any person, but also any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange whether immediately or otherwise.

Summary

This section explains how property is handled after a trial is completely finished.
The court or a confirming officer can order property to be destroyed or confiscated.
They can also order the property to be delivered to the person who has a rightful claim to it.
A magistrate can be asked to carry out these disposal orders as if they were their own.
The term property includes anything the original item was converted into or exchanged for.
For a Summary Security Force Court, an officer of at least the rank of Deputy Inspector General can make these orders.

Practical examples

1After a trial concludes on August 5, 2026, the court finds that a stolen radio was traded for a mobile phone. Under Section 105, the court orders the mobile phone to be confiscated because it is considered the converted form of the stolen property.

2A soldier is cleared of theft charges in a Summary Security Force Court. A Deputy Inspector General reviews the case and, under Section 105, orders that the 5000 rupees held as evidence be returned to the soldier immediately.

FAQ

1. Can a civil magistrate enforce a BSF court order under Section 105 of the Border Security Force Act 1968?

Yes, under Section 105 of the Border Security Force Act 1968, a signed copy of the order can be sent to a magistrate who must carry it out as if they had passed it themselves.

2. What does the word property include according to Section 105 of the Border Security Force Act 1968?

According to Section 105 of the Border Security Force Act 1968, property includes the original items and any items they were converted into or exchanged for.

3. Who can order property disposal after a Summary Security Force Court trial?

For a Summary Security Force Court, an officer not below the rank of Deputy Inspector General within whose command the trial was held can make the order under Section 105 of the Border Security Force Act 1968.

4. Does Section 105 of the Border Security Force Act 1968 apply to documents?

Yes, Section 105 of the Border Security Force Act 1968 covers any property or document produced before the court or in its custody.

Test yourself

Q1.Under Section 105 of the Border Security Force Act 1968, which authority can make a disposal order after a trial?

Q2.How does Section 105 of the Border Security Force Act 1968 define property when an item has been traded away?

Q3.Comparing Section 104 and Section 105 of the Border Security Force Act 1968, when is Section 105 used?

Q4.Under Section 105 of the Border Security Force Act 1968, what is the minimum rank required to order disposal for a Summary Security Force Court?

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