ASHOK KUMAR SINGH : Powers of BSF Personnel: Arrest and Use of Force

Wednesday, May 21, 2025

1. Powers of Arrest

Authority to Arrest:
BSF personnel have the power to arrest any person who:
- Commits an offence under the BSF Act or any other law in the border area.
- Attempts or is suspected of illegal entry or exit across the border.
- Is involved in smuggling, trafficking, or any unlawful activity in the border zone.
- Resists or obstructs BSF personnel in the execution of their duties.
Procedure:
- Arrest must be made following the provisions of the Code of Criminal Procedure (CrPC) where applicable.
- The arrested person must be informed of the grounds of arrest.
- The person must be produced before the competent authority or magistrate within the stipulated time.
- BSF personnel can detain persons for investigation but within lawful limits.

BSF officers can conduct searches of persons, vehicles, goods, and premises in the border area suspected of harboring contraband or illegal items.
Seizure of articles suspected to be involved in an offence is authorized.
Searches and seizures must be conducted respecting human dignity and legal safeguards.

BSF personnel are empowered to use necessary and reasonable force to:
- Prevent unauthorized crossing or infiltration.
- Prevent smuggling, trafficking, or other illegal acts.
- Defend themselves or others from imminent harm.
- Enforce arrest or maintain order.
Use of force must be:
- Proportionate to the threat or resistance encountered.
- In accordance with the law and relevant BSF rules.
- In some cases, firearms may be used, but only as a last resort and under strict guidelines.

BSF personnel are armed and can use firearms when:
- Facing armed resistance.
- Protecting the border from infiltration.
- Defending lives and property.
- Under explicit orders and rules governing the use of lethal force.
Use of firearms is governed by:
- BSF internal firearms use policy.
- Relevant statutory provisions.
- Rules on escalation of force and minimum necessary force.

BSF personnel acting in good faith and within their powers have immunity from civil or criminal suits for acts done in the discharge of their duties.
Wrongful or excessive use of force may attract disciplinary or legal consequences.

Power	Description	Conditions/Limitations
Arrest	Arrest persons committing or suspected of offences	Must follow CrPC; inform grounds; produce before authority
Search & Seizure	Search persons, vehicles, premises; seize illegal items	Must respect legal safeguards
Use of Force	Use reasonable force to prevent offences or defend	Proportional and lawful; firearms as last resort
Use of Firearms	Use firearms against armed threats or infiltration	Governed by policy and law
Legal Protection	Immunity for acts done in good faith	Excessive force may lead to penalties