Section 57 of The Border Security Force Act, 1968
- (1)Any person subject to this Act who is charged with an offence may be taken into Force custody, under the order of any superior officer.
- (2)Notwithstanding anything contained in sub-section (1), an officer may order into Force custody any other officer, though such other officer may be of a higher rank, engaged in a quarrel, affray or disorder.
Summary
- Section 57 of the Border Security Force Act, 1968, explains how people charged with offences are taken into custody.
- Any person subject to the Act who is charged with an offence can be put into Force custody.
- A superior officer must give the order to take someone into custody.
- Force custody can mean either arrest or confinement according to the rules.
- In specific situations like a fight or disorder, an officer can order another officer into custody.
- This power to arrest during a disorder applies even if the officer being arrested is of a higher rank than the one giving the order.
Practical examples
FAQ
1. Who can order a person into Force custody under Section 57 of the Border Security Force Act, 1968?
Under Section 57 of the Border Security Force Act, 1968, any superior officer can order a person charged with an offence into Force custody.
2. Can a lower ranking officer ever arrest a higher ranking officer under the Border Security Force Act, 1968?
Yes, Section 57 of the Border Security Force Act, 1968, allows an officer to order a higher ranking officer into custody if they are engaged in a quarrel, affray, or disorder.
3. What does "Force custody" mean in the context of Section 57 of the Border Security Force Act, 1968?
According to the definitions in Section 2, which applies to Section 57 of the Border Security Force Act, 1968, Force custody means arrest or confinement according to the rules.
4. Is a formal charge necessary to take someone into custody under Section 57 of the Border Security Force Act, 1968?
Yes, Section 57 of the Border Security Force Act, 1968, specifies that the person must be charged with an offence.
Test yourself
Q1.Under Section 57 of the Border Security Force Act, 1968, an officer can arrest a higher ranking officer if they are involved in what?
Q2.Who is subject to being taken into Force custody under Section 57 of the Border Security Force Act, 1968?
Q3.According to Section 57 of the Border Security Force Act, 1968, whose order is required to take a person into custody?
Q4.If an officer arrests a higher ranking officer during a mess hall fight under Section 57 of the Border Security Force Act, 1968, which other section's definition of "Force custody" are they following?