some recent developments and legal proceedings concerning the powers of the Border Security Force (BSF)

 some recent developments and legal proceedings concerning the powers of the Border Security Force (BSF), particularly regarding arrest and use of force:

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1. Extension of BSF Jurisdiction in Punjab

• Background: In October 2021, the Ministry of Home Affairs issued a notification extending the BSF's jurisdiction in Punjab from 15 km to 50 km from the international border. This expansion granted BSF personnel the authority to arrest, search, and seize under various laws, including the Passport (Entry into India) Act, 1920, the Customs Act, 1962, and the Narcotic Drugs and Psychotropic Substances Act, 1985.

• Legal Challenge: The Punjab government filed a suit in the Supreme Court, arguing that this extension encroached upon the state's legislative powers concerning public order and police under the Constitution.

• Current Status: As of December 2023, the Supreme Court had framed six legal issues to be considered in the suit, including the constitutional validity of the notification and its impact on federalism. The matter is scheduled for further hearings in 2024. 

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2. Legal Precedents on Use of Force

While specific recent case laws directly addressing BSF's use of force are limited, general principles from Indian law apply:

• Proportionality: BSF personnel are authorized to use necessary and reasonable force to prevent unlawful activities. However, the force used must be proportionate to the threat faced.

• Judicial Oversight: Excessive or unlawful use of force can lead to judicial scrutiny and potential legal consequences. Courts have emphasized that security forces must act within the bounds of the law and respect fundamental rights.

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3. BSF Act, 1968 – Relevant Provisions

• Section 20: Addresses offences like using criminal force or assaulting superior officers.

• Section 22: Covers insubordination and obstruction, including refusal to obey lawful orders or using force against an officer.

• Section 48: Outlines punishments awardable by Security Force Courts for offences committed under the Act.

These sections provide a legal framework for addressing misconduct and ensuring discipline within the BSF.