Section 106 of The Border Security Force Act, 1968
Any trial by a Security Force Court under the provisions of this Act shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860) and the Security Force Court shall be deemed to be a court within the meaning of sections 480 and 482 of the Code of Criminal Procedure, 1898 (5 of 1898).
Summary
- This section gives legal status to the proceedings of a Security Force Court.
- Every trial held under this Act is legally considered a judicial proceeding.
- This status links the trials to the Indian Penal Code, specifically for laws about giving false evidence.
- The Security Force Court is officially considered a court under the Code of Criminal Procedure.
- This means the court has the power to handle things like contempt or interruptions during its sessions.
Practical examples
FAQ
1. Is a BSF trial a real legal proceeding according to the Border Security Force Act 1968 Section 106?
Yes, Section 106 of the Border Security Force Act 1968 states that any trial by a Security Force Court is deemed to be a judicial proceeding.
2. Can you be punished for lying in a BSF court under Section 106 of the Border Security Force Act 1968?
Yes, because Section 106 of the Border Security Force Act 1968 defines the trial as a judicial proceeding within the meaning of Section 193 of the Indian Penal Code, which deals with false evidence.
3. Which laws give a BSF court the power to handle contempt?
Section 106 of the Border Security Force Act 1968 deems the court to be a court within the meaning of the Code of Criminal Procedure for the purposes of handling contempt and interruptions.
Test yourself
Q1.According to Section 106 of the Border Security Force Act 1968, a trial is a judicial proceeding within the meaning of which law?
Q2.Under Section 106 of the Border Security Force Act 1968, the Security Force Court is considered a court according to which code?
Q3.What is the effect of Section 106 of the Border Security Force Act 1968 on a witness who gives false evidence?
Q4.Why does Section 106 of the Border Security Force Act 1968 reference Section 228 of the Indian Penal Code?