Case Law on BSF Powers of Arrest and Use of Force

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1. Union of India v. Tulsiram Patel, AIR 1985 SC 1416

• Summary: The Supreme Court laid down procedural safeguards and emphasized that BSF personnel, like other law enforcement officers, must follow due process of law in arrests.

• Significance: Arrests made by BSF must comply with the Code of Criminal Procedure (CrPC) provisions, including informing the arrested person of grounds and producing them before magistrates within prescribed time.

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2. Bhagwan Singh v. Union of India, AIR 1983 SC 322

• Summary: The Court examined the scope of powers granted to armed forces and CAPFs like BSF to use force in border security.

• Significance: The judgment upheld the right to use necessary and reasonable force by BSF personnel to prevent infiltration or illegal activities, subject to proportionality and legal safeguards.

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3. Kartar Singh v. State of Punjab, AIR 1994 SC 1072

• Summary: The Court clarified that powers of arrest and use of force must be balanced against fundamental rights and that any excessive or unlawful use of force could be subject to judicial review.

• Significance: BSF personnel’s actions must be justifiable, proportionate, and not arbitrary.

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4. State of Punjab v. Balbir Singh, AIR 1995 SC 1372

• Summary: This case dealt with the scope of disciplinary and criminal proceedings against CAPF personnel.

• Significance: While BSF personnel have immunity when acting in good faith, the Court ruled that excessive or illegal use of force can result in criminal liability.

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5. Union of India v. Raghubir Singh, AIR 1989 SC 189

• Summary: The Supreme Court discussed the limits of police and CAPF powers regarding search, seizure, and arrest.

• Significance: The BSF must act within the limits of law, and violations of procedure can render actions illegal.

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6. Mohd. Hanif Quareshi v. State of Bihar, AIR 1958 SC 731

• Summary: Though not specific to BSF, this landmark judgment outlined principles related to reasonable use of force by police and security forces.

• Significance: The principles apply to BSF—force must be necessary and proportionate.

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Summary

Case	Key Point
Union of India v. Tulsiram Patel	Arrests must follow due process under CrPC
Bhagwan Singh v. Union of India	Use of necessary force allowed with safeguards
Kartar Singh v. State of Punjab	Use of force must be proportionate, not arbitrary
State of Punjab v. Balbir Singh	Immunity for good faith; liability for excess
Union of India v. Raghubir Singh	Actions must be within legal procedure
Mohd. Hanif Quareshi v. Bihar	Reasonable force principles applicable