BSF's writ extended till 50 km in Punjab, Bengal, Assam

In a move aimed at maintaining 'zero tolerance' against terrorism and cross border crimes, the Centre has empowered the Border Security Force to conduct searches, arrest suspects and make seizures up to an area of 50 km inside Indian territory from the international border along India-Pakistan and India-Bangladesh borders.

The move might raise administrative and political issues as the ministry of home affairs has extended the area of jurisdiction of the BSF with a fresh order issued earlier this week allowing its officers to take action to curb illegal activities linked to national security in 10 states and two Union territories.

As per the fresh order, the BSF, which was only empowered to take action up to 15 km in the states of Punjab, West Bengal and Assam, has now been authorised to spread its jurisdiction up to 50 km without any hurdle or further permission either from central or state governments.

However, its jurisdiction has been cut short by 20 km in the five northeastern states -- Manipur, Mizoram, Tripura, Nagaland and Meghalaya -- where it had a jurisdiction up to 80 km. Similarly in Gujarat, the BSF's jurisdiction has been curtailed from 80 to 50 km.

In Rajasthan, the BSF's area of jurisdiction will remain the same at 50 km.

An officer of the rank corresponding to that of the lowest rank of member of the BSF is now empowered under the Criminal Procedure Code to exercise and discharge the powers and duties without an order from a magistrate and without a warrant.

The officer is now empowered to arrest any person who has been concerned in any cognisable offence, or against whom a reasonable complaint has been made, or credible information has been received. A BSF officer has now been given the power to conduct a search of a place entered by a person sought to be arrested in its new area of jurisdiction.

"The whole of the area comprised in the states of Manipur, Mizoram, Tripura, Nagaland and Meghalaya and Union territories of Jammu and Kashmir and Ladakh and so much of the area comprised within a belt of 50 kilometres in the states of Gujarat, Rajasthan, Punjab, West Bengal and Assam, running along the borders of India," the order issued in the gazette notification on October 11 mentions.

The home ministry took the decision 'in the exercise of the powers conferred by sub-section (1) of section 139 of the Border Security Force Act, 1968 (47 of 1968)' making amendments in the notification of the central government published in the Gazette of India on July 3, 2014.

As per the latest notification, an officer of the rank corresponding to that of the lowest rank of member of the force is empowered under the Code of Criminal Procedure, 1973 (2 of 1974), to exercise and discharge the powers and duties under sub-Section (1) of Section 41, Section 47, sub-Section (1) of Section 51, Sections 52, 149, 150, 151 and Section 152 of the Code of Criminal Procedure, 1973 (2 of 1974).

The earlier notification issued on July 3, 2014, provided powers to the force's officers to conduct searches, arrest culprits and seized illegal items in 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 80 kilometres in the state of Gujarat, 50 kilometres in the state of Rajasthan and 15 kilometres in the states of Punjab, West Bengal and Assam, running along the borders of India.'

As per the new notification, the central government has revised the 'schedule' specifying the border stretch where BSF has been empowered to search, seize and arrest under Acts like Passport Act, NDPS Act, Customs Act as well as the CrPC to Manipur, Mizoram, Nagaland, Tripura, and Meghalaya, UTs of Jammu and Kashmir and Ladakh and 50km-belt in Gujarat, Rajasthan, Punjab, Bengal and Assam.

As per earlier notifications on September 22, 1969; June 11, 2012; and July 3, 2014; the 'schedule' area comprised Manipur, Mizoram, Nagaland, and Jammu and Kashmir and area within 80 km belt in Gujarat, 50 km in Rajasthan, and 15 km in Bengal, Assam and Punjab

The BSF is mandated to guard 4,096.7 km India-Bangladesh border and 3,323 km India-Pakistan border along with the added responsibility of tackling left wing extremism in Chhattisgarh and Odisha. The BSF is also tasked to promote a sense of security among the people living in the border areas, prevent trans-border crimes, unauthorised entry into or exit from the territory of India and prevent smuggling and any other illegal activity.