BSF powers and jurisdiction
- October 15, 2021
- Posted by: OptimizeIAS Team
- Category: DPN Topics
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BSF powers and jurisdiction
Subject – Defence and Security
Context – The Ministry of Home Affairs (MHA) has extended the jurisdiction of the Border Security Force (BSF)
Concept –
- The Ministry of Home Affairs (MHA) has extended the jurisdiction of the Border Security Force (BSF) up to 50 km inside the international borders in Punjab, West Bengal and Assam.
- The BSF’s powers — which include arrest, search and seizure — were limited to up to 15 km in these states. At the same time, the Ministry has reduced BSF’s area of operation in Gujarat from 80 km from the border, to 50 km.
- The government said it was exercising the powers under the Border Security Force Act of 1968.
- In its 2014 notification, the MHA had outlined BSF’s jurisdiction as “the whole of the area comprised in the States of Manipur, Mizoram, Tripura, Nagaland and Meghalaya and so much of the area comprised within a belt of eighty kilometres in the State of Gujarat, fifty kilometres in the State of Rajasthan and fifteen kilometres in the States of Punjab, West Bengal and Assam, running along the borders of India”.
- What kind of powers can the BSF exercise in this jurisdiction?
- Its jurisdiction has been extended only in respect of the powers it enjoys under Criminal Procedure Code (CrPC), Passport (Entry into India) Act, 1920 and the Passport Act, 1967. BSF currently has powers to arrest and search under these laws.
- It also has powers to arrest, search and seize under the NDPS Act, Arms Act, Customs Act and certain other laws. Its jurisdiction under these laws has not been changed, meaning its powers under these will continue to be only up to 15 km inside the border in Punjab, Assam and West Bengal, and will remain as far as 80 km in Gujarat.
Why and when were these powers given to BSF?
- In 1969, the BSF first got powers to arrest and search under the CrPC with respect to certain laws such as the Foreigners Act, The Passport Act, forex laws and Customs Act. BSF sources said even before 2014, they had a jurisdiction of 15 km inside the border in several states.
- “At that time, border areas were sparsely populated and there were hardly any police stations for miles. To prevent trans-border crimes, it was felt necessary that BSF is given powers to arrest. While police stations have now come up near the border, they continue to be short-staffed.”
Will it impact police jurisdiction?
- At a basic level, the states can argue that law and order is a state subject and enhancing BSF’s jurisdiction infringes upon powers of the state government.
- This is not an attack on the federal structure. Rather this is going to complement the efforts of the local police. It is an enabling provision. It’s not that the local police can’t act within the jurisdiction of the BSF
How will it be implemented?
- Until now, state police and border forces have been working in tandem with minor, occasional differences. Now, with the issue taking political colour, implementation could be tricky if there are difficulties in coordination in future.
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