Section 123 of The Border Security Force Act, 1968
Whenever, in the opinion of an officer not below the rank of Deputy Inspector-General within whose command the trial is held, any sentence or portion of a sentence of imprisonment cannot for special reasons, conveniently be carried out in Force custody in accordance with the provisions of section 121, such officer may direct that such sentence or portion of sentence shall be carried out by confinement in any civil prison or other fit place.
Summary
- Allows high ranking officers to move prisoners to civil jails for special reasons.
- Grants this power to any officer at the level of Deputy Inspector-General or higher.
- Permits the use of civil prisons or other suitable locations when Force custody is inconvenient.
- Overrides the standard rules for carrying out sentences when necessary.
Practical examples
FAQ
1. Can a BSF prisoner be moved to a civil jail under Section 123?
Yes, if a Deputy Inspector-General finds special reasons why Force custody is inconvenient, they can order the prisoner to a civil prison under Section 123 of The Border Security Force Act, 1968.
2. Who has the power to order a prison transfer under Section 123?
Only an officer with a rank of Deputy Inspector-General or higher has this authority under Section 123 of this border security law.
3. What kind of reasons allow for a transfer under Section 123?
Transfers are allowed when there are special reasons that make it inconvenient to carry out the sentence in Force custody as per Section 123 of the Act.
4. Does this section apply to all sentences of imprisonment?
Section 123 of the Act applies to any sentence or portion of a sentence that cannot be conveniently carried out in Force custody.
Test yourself
Q1.Under Section 123 of The Border Security Force Act, 1968, which rank of officer has the authority to move a prisoner to a civil prison?
Q2.According to Section 123 of The Border Security Force Act, 1968, when can an officer bypass the normal imprisonment rules found in Section 121?
Q3.Where can a sentence be carried out under Section 123 of The Border Security Force Act, 1968, if Force custody is not used?
Q4.Does Section 123 of The Border Security Force Act, 1968, allow moving only a portion of a sentence?