BSF’s Powers

Union Home Minister Amit Shah has directed authorities to enforce a “zero tolerance” policy towards illegal constructions within 15 kilometres of India’s international borders and ensure the demolition of all unauthorized structures in these areas.

Addressing an event near the international border in Bikaner, Rajasthan, Shah emphasized the need for heightened border security and called upon the Border Security Force (BSF) to maintain constant vigilance against smuggling, infiltration, and other cross-border activities.

Background: BSF Jurisdiction Expansion

Shah also referred to the Centre’s October 2021 decision to expand the BSF’s jurisdiction in certain border states.

Before 2021, the BSF could exercise specified powers up to 15 km from the international border in Punjab, West Bengal and Assam. The Centre subsequently increased this limit to 50 km in these three states.  At the same time the BSF’s operational area in Gujarat was reduced from 80 km to 50 km. The jurisdiction in Rajasthan remained unchanged.

About the BSF

The Border Security Force was established following the enactment of the Border Security Force Act, 1968 in September 1968. It is responsible for guarding India’s international borders and preventing trans-border crimes. The force is empowered to arrest individuals, conduct searches and seize property or goods under specified laws.

Legal Basis of BSF Powers

Under Section 139(1) of the Border Security Force Act, the Central Government may notify areas adjoining India’s borders where BSF personnel can exercise powers to prevent offences under laws specified by the government.

The 2021 notification authorized the BSF to exercise powers within the expanded 50-km zone under:

• The Criminal Procedure Code (CrPC),
• The Passport (Entry into India) Act,
• The Passports Act.

For enforcement under other central laws, the earlier 15-km limit continues to apply.

Source: IE