Section 78 of The Border Security Force Act, 1968
- (1)When a person subject to this Act is sentenced by a Security Force Court to imprisonment, this Act shall apply to him during the term of his sentence, though he is dismissed from the Force, or has otherwise ceased to be subject to this Act, and he may be kept, removed, imprisoned and punished as if he continued to be subject to this Act.
- (2)When a person subject to this Act is sentenced by a Security Force Court to death, this Act shall apply to him till the sentence is carried out.
Summary
- This section ensures that people who are sentenced to prison remain under the rules of the Border Security Force Act even if they are fired from the Force.
- If a person is dismissed or leaves the Force while serving a sentence, the authorities can still move them, keep them in custody, and punish them as if they were still active members.
- For anyone sentenced to death by a Security Force Court, these rules continue to apply to them until the moment the sentence is carried out.
- The main purpose is to prevent individuals from escaping military-style discipline and custody just because their official employment has ended.
Practical examples
FAQ
1. Does the Border Security Force Act, 1968 still apply to me if I am dismissed after being sentenced?
Yes, under Section 78 of the Border Security Force Act, 1968, the Act continues to apply to you during the entire length of your prison sentence even if you are no longer a member of the Force.
2. Can a person be moved between different prisons if they were sentenced under the BSF Act?
Yes, Section 78 of the Border Security Force Act, 1968 allows the authorities to keep, remove, and imprison a sentenced person as if they were still subject to the Act.
3. What happens to the legal status of someone on death row under the Border Security Force Act?
According to Section 78 of the Border Security Force Act, 1968, the Act applies to a person sentenced to death until the sentence is actually carried out.
Test yourself
Q1.Under Section 78 of the Border Security Force Act, 1968, what happens to a person who is dismissed from the Force while serving a prison sentence?
Q2.For how long does the Border Security Force Act, 1968 apply to a person sentenced to death?
Q3.Under Section 78 of the Border Security Force Act, 1968, can a person who has ceased to be subject to the Act still be punished for new misconduct while in prison?
Q4.Which specific legal situation is covered by Section 78 of the Border Security Force Act, 1968?