[22nd
July, 1969] In exercise of the powers
conferred by sub-sections (1) and (2) of Section 141 of the Border Security
Force Act, 1968 (47 of 1968), the Central Government hereby makes the following
rules, namely: CHAPTER
I PRELIMINARY (1)
These rules may be called the Border Security
Force Rules, 1969. (2)
They shall come into force on the date of
their publication in the Official Gazette.][1] (3)
These rules shall apply to all persons subject
to the Act. Provided that the provisions
of Chapter IV thereof shall not apply to persons belonging to the All India
Services and other Government servants who are on deputation with the Border
Security Force. [2][Provided
further that the provisions of Chapter IX and X thereof shall not apply to
trial by SSFCs in so far as they are inconsistent with any of the provisions
contained in Chapter XI thereof pertaining to Summary Security Force Courts]. In these rules, unless the
context otherwise requires, (a)
“the Act” means the Border Security Force
Act, 1968 (47 of 1968), (b)
“Appendix” means an Appendix annexed to these
rules, (c)
“Court” means the Security Force Court, (d)
“Detachment” includes any part of the
battalion [3][or
Unit] required or ordered to proceed on duty away from Headquarters, (e)
“Proper Force authority” when used in
relation to any power, duty, act or matter, means such force authority as, in
pursuance of these rules made under the Act, exercises, or performs that power
or duty or is concerned with that matter. (f)
“Section” means a section of the Act, (g)
all words and expressions used in these rules
and defined in the Act shall have the same meaning as in the Act. Any report or application directed
by these rules to be made to a superior officer, or to a proper Force authority
shall be made in writing through the proper channel, unless the said authority,
on account of exigencies of service or otherwise, dispenses with the writing. (1)
The forms set forth in the appendices, with
such variations as the circumstances of each case may require, may be used for
the respective purposes therein mentioned, and if used shall be sufficient, but
a deviation from such forms shall not, by reason only of such deviation, render
invalid any charge, warrant, order, proceedings or any other documents relevant
to these rules. (2)
Any omission of any such form shall not, by
reason only of such omission, render any act or thing invalid. (3)
The directions in the notes to and the
instructions in the form shall be duly complied with in all cases to which they
relate, but any omission to comply with any such direction in the notes or
instructions shall not, merely by reason of such omission, render any act or
thing invalid. Exercise of power vested in
holder of an office in the Force. Any power or jurisdiction given to any person
holding any office in the Force to do any act or thing to, or before any
person, may, for the purposes of these rules, be exercised by any other person
who may, for the time being, be performing the functions of that office in
accordance with the rules and practice of the force. Case unprovided for. In
regard to any matter not specifically provided for in these rules, it shall be
lawful for the competent authority to do such thing or take such action as may
be just and proper in the circumstances of the case. CHAPTER
II RECRUITMENT No person, (a)
who has entered into or contracted a marriage
with a person having a spouse living, or (b)
who, having a spouse living, has entered into
or contracted a marriage with any person, shall be eligible for appointment in
the force. Provided that the Central
Government may, if satisfied, that such marriage is permissible under the
personal law applicable to such person and the other party to the marriage and
that there are other grounds for so doing, exempt any person from the operation
of this rule.][4] No person who is not a
citizen of India shall, except with the consent of the Central Government
signified in writing, be appointed, enrolled or employed in the force. Provided that nothing
contained in this rule shall bar the appointment, enrolment or employment of a
subject of [5][Nepal
or Bhutan] in the force. The Central Government may
appoint such persons as it considers to be suitable as officers in the force,
and their conditions of service shall be such as may be provided in the rules
made in this behalf by the Central Government. (1)
[6][An
officer, subordinate officer or under officer] on first appointment to the
Force shall be on probation for a period of two years and the Central
Government in the case of officers and the authority prescribed in Rule 11 in
the case of subordinate officers and under officers may, for reasons to be
recorded in writing, extend the period of probation for such further period or
periods not exceeding one year. (2)
The Central Government in the case of
officers and the prescribed authority in the case of subordinate officers or
under officers, as the case may be, may, during the period of probation,
terminate the services of such persons without assigning any reasons. (3)
The provisions of sub-rule (1) shall also be
applicable to a person on his initial promotion as an officer and the person
who does not complete the period of probation satisfactorily may be reverted to
his former rank.][7] Appointments to the post of
Subedar-Major or Inspector shall be made by the Inspector-General and in the
case of Sub-Inspector or Assistant Sub-Inspector by the Deputy Inspector
General and under officer by the Commandant in the following manner:
(i)
by direct recruitment;
(ii)
by deputation from the Army, Navy, Air Force,
State Police Force, or any other Department of the Central Government or of the
State Government;
(iii)
by promotion as may be prescribed.][8] [9][(1)
Officers referred to in Rule 9 and Subedar-Major, Inspector, Sub-Inspector and
Assistant Sub-Inspector referred to in Rule 11 may be granted commissions as
such by the President.] (2) The grant of the commission shall be notified
in the Official Gazette and such notification shall be conclusive proof of the
grant of such commission. For the purposes of
enrolment of persons to the force under Section 6, the following persons shall
be enrolling officers: (a)
Commandants of all battalions; and (b)
any other officer of the Force who may be
appointed as enrolling officer by the Director General. (1)
Upon the appearance before the enrolling officer
of any person desirous of being enrolled, the enrolling officer shall read and
explain to him, or cause to be read and explained to him in his presence, the
conditions of service for which he is to be enrolled; and shall put to him the
questions contained in the form of enrolment set out in Appendix I and shall,
after having cautioned him that if he makes a false answer to any such
questions he shall be liable to punishment under the Act, record or cause to be
recorded his answer to each such question. (2)
If, after complying with the provisions of
sub-rule (1) and such other directions as may be issued in this behalf by the
Director-General from time to time, the enrolling officer is satisfied that the
person desirous of being enrolled, fully understands the questions put to him
and consents to the conditions of service, and if the said officer is satisfied
that there is no impediment, he shall sign and shall also cause such person to
sign the enrolment paper, and such person shall thereupon be deemed to be
enrolled. (3)
(a) Every person enrolled as a member of the
Force under sub-rule (2) shall be administered an oath or affirmation in the
form set out in Appendix I. (b) The oath or affirmation
shall as far as possible be administered by the Commandant of the person to be
attested or in the unavoidable absence of the Commandant by the person
authorised in writing by the Commandant in this behalf. (c) The oath or affirmation
shall be administered when the person to be attested has completed his
training. CHAPTER
III ORGANISATION (1)
Border Security Force shall consist of: (a)
Border Security Force (Regular) (b)
Border Security Force (Auxiliary) (2)
Officers, subordinate officers and enrolled
persons appointed to or enrolled into the Border Security Force (Regular) shall
be liable for continuous service for the term mentioned in their enrolment
form, letter of appointment or in the rules made in this behalf. (3)
Officers, subordinate officers and enrolled
persons appointed to or enrolled into the Border Security Force (Auxiliary)
shall serve as and when they are called out for service by the Director-General
with the consent of the Central Government or for training under the order of
the Director-General][10]. [11][(1)
The officers and other members of the force shall be classified in accordance
with their ranks in the following categories, namely: (a)
Officers (1)
Director-General. (2)
Special Director-General. (3)
Additional Director-General. (4)
Inspector-General. (5)
Deputy Inspector-General. (6)
Commandant. (7)
Second-In-Command. (8)
Deputy Commandant. (9)
Assistant Commandant. (b)
Subordinate Officers (1)
Subedar-Major. (2)
Inspector. (3)
Sub-Inspector. (4)
Assistant Sub-Inspector. (c)
Under Officers (1)
Head Constable. (2)
Naik. (3)
Lance Naik. (d)
Enrolled persons other than Under Officers (1)
Constable. (2)
Enrolled followers. (2) Matters relating to inter se seniority of
persons belonging to the same rank shall be determined in accordance with such
rules as may be made in this behalf. [12][(3)
Notwithstanding anything contained in these rules, the Director-General may,
(i)
subject to confirmation by the Central
Government as provided herein after, grant to an officer or a Subedar Major or
an Inspector] of the force a rank, mentioned against serial numbers (6), (7),
(8) and (9)], in clause (a) of sub-rule (1), as a local rank:
(ii)
subject to prior approval of the Central
Government, grant to an officer of the force a rank mentioned against serial
numbers (2), (3), (4) and (5) in clause (a) of sub-rule (1), as a local rank;
whenever as considered necessary by him in the interest of better functioning
of the force.] (4)
An officer, a Subedar-Major or an Inspector of the force holding a local rank: (a)
shall exercise the command and be vested with
the powers of an officer holding that rank; (b)
shall cease to hold that rank, if the grant
of such rank is not confirmed within twenty one days by the Central Government
or when so ordered by the Director-General or when he ceases to hold the
appointment for which the rank was granted; [13][* *
*] (c)
shall not be entitled to any extra pay and
allowances for holding such rank; (d)
shall not be entitled to claim any seniority
over other officer of the force by virtue of having held such rank.][14] (1)
For the purpose of sub-section (1) of Section
4, the force shall,
(i)
promote a sense of security among the people
living in the border areas;
(ii)
prevent transborder crimes, un-authorised
entry into or exit from the Territory of India;
(iii)
prevent smuggling and any other illegal
activity. [15][(2)
In discharging the functions under sub-rule (1), the responsibility for the
command, discipline, morale and administration shall, (a)
in the case of Special Director-General,
extend to all battalions, units, headquarters, establishments and force
personnel placed under him [16][*
* *]; (b)
in the case of Additional Director-General,
extend to all the battalions, units, headquarters, establishments and force
personnel placed under him [17][*
* *]; (c)
in the case of [18][Inspector-General,]
extend to all battalions, units, headquarters, establishments and force
personnel placed under him [19][*
* *]. (d)
in the case of a Deputy Inspector-General,
extend to all the battalions, other personnel and units placed under him; and (e)
in the case of a Commandant, extend to the
battalion or unit placed under him. (3) During hostilities, the Special
Director-General, the Additional Director-General, the Inspector-General, the
Deputy Inspector-General and the commandant shall discharge such functions as
may be assigned by their respective superiors.] (4) The command, discipline, administration and
training of battalions, units and establishments not placed under a Deputy
Inspector General or an Inspector-General shall be carried out by such officers
and in such manner as may from time to time be laid down by the
Director-General. (5) Any member of the force shall be liable to
perform any duties in connection with the safeguarding of the security of the
border of India, the administration, discipline and welfare of the force and
such other duties as he may be called upon to perform in accordance with any
law for the time being in force and any order given in this behalf by a
superior officer shall be a lawful command for the purposes of the Act. (1)
An officer appointed to command shall have
the power of command over all officers and men, irrespective of seniority
placed under his command. (2)
(a) In the contingency of an officer being
unable to exercise the command, to which he has been appointed, due to any
reason, the command shall devolve on the second-in-command, if one has been so
appointed. (b) If no second-in-command
has been appointed, it shall devolve on the officer who may be appointed to
officiate by the immediate superior of the officer unable to exercise command. (c) If no such officer has
been so appointed, command shall devolve on the senior most officer present. (d) The inability of an
officer to exercise command and its assumption by any other officer in
accordance with this sub-rule shall be immediately reported to force
Headquarters by the officer who has assumed command. (3)
If persons belonging to different battalions
and units are working together:
(i)
in regard to the specific task on which they
are engaged, the officer appointed to command or in his absence the senior most
officer present shall exercise command over all such persons;
(ii)
in all other matters the senior officer
belonging to each battalion shall exercise command over persons belonging to
his battalion. (4)
When officers and other persons belonging to
the force are taken prisoner by an enemy the exiting relations of superior and
subordinate and the duty of obedience shall remain unaltered and any person
guilty of indiscipline or insubordination in this behalf shall, after his
release, be liable for punishment. (5)
Disciplinary powers over a person subject to
the Act shall be exercised by the Commandant of the battalion or unit to which
such a person belongs or the officer on whom command has devolved in accordance
with sub-rule (2). [20][Provided
that when persons belonging to different battalions or units are working
together, disciplinary powers in respect of such persons may also be exercised
by an officer appointed to command such persons in accordance with clause (i)
of sub-rule (3) or in his absence by the senior most officer present.] (6)
Where such a person is doing detachment duty,
including attendance at a course of instruction the Commandant of the
battalion, unit, centre or establishment with which he is doing such duty shall
also have all the disciplinary powers of a Commandant. (7)
The Director-General, [21][the
Special Director-General, the Additional Director-General], the
Inspector-General and the Deputy Inspector-General may specify one or more
officers of the staff who shall exercise the disciplinary powers of a
Commandant in respect of persons belonging to or doing detachment duty at their
respective Headquarters. [22][Provided
that an officer not below the rank of Deputy Inspector General commanding a
training institution may specify one or more officers of the staff who shall
exercise the disciplinary powers of a Commandant in respect of persons
belonging to or doing detachment duty at their respective Training
Institutions]. Explanation. In this rule,
except in sub-rule (2), [23][sub-rule
(5) and sub-rule (7)] the word “officer” shall include a subordinate officer
and an under officer. CHAPTER
IV TERMINATION OF SERVICE (1)
Any person, who has become subject to the Act
by furnishing false or incorrect information or by adopting any fraudulent
means, may be dismissed or removed from service by the Central Government or
any other officer not below the rank of the appointing authority, as the case
may be. (2)
When the competent authority proposes to take
action under sub-rule (1), such person shall be given an opportunity to
show-cause against the proposed action. (3)
The competent authority, while taking action
under this rule, may allow pensionary benefits in appropriate cases, if such
benefits are otherwise admissible under the relevant rules][24]. (1)
When it is proposed to discharge a person
subject to the Act from service on account of unsatisfactory progress in basic
training, the Head of the Training Establishment or any officer not below the
rank of the appointing authority, shall discharge that person from service
after complying with the provisions of sub-rule (2) if he is competent to do
so, or shall make recommendations to the competent authority for discharge of
such person. (2)
The officer or authority referred to in
sub-rule (1) while taking action under above sub-rule shall satisfy itself that
the person has been given sufficient opportunity to progress. (3)
The Central Government or the competent
authority, as the case may be, after considering the report(s) or
recommendations, may discharge that person from the service after giving
opportunity to show-cause. (1)
Where an officer not below the rank of a
Deputy Inspector-General considers that an officer of the force is unfit to
perform his duties because of his physical conditions, the officer shall be
brought before a medical board. (2)
The medical board shall consist of such
officers and shall be constituted in such manner as may, from time to time, be
laid down by the Director-General. (3)
Where the medical board considers the officer
to be unfit for service, the Central Government shall communicate to the said
officer the findings of the medical board and thereupon, within a period of
fifteen days of such communication, the officer may make a representation
against it to the Central Government. (4)
The Central Government may, on receiving the
representation from the officer, refer the case to be reviewed by a fresh
medical board constituted for the purpose and order the retirement of the said
officer if the decision of the fresh medical board is adverse to him. (1)
The Central Government may, having regard to
the special circumstances of any case, permit any officer of the force to
resign from the force before the attainment of the age of retirement or before
putting in such number of years of service as may be necessary under the rules
to be eligible for retirement: Provided that while granting
such permission the Central Government may:
(i)
require the officer to refund to the
Government such amount as would constitute the cost of training given to that
officer [25][or
three months pay and allowances, whichever is higher] or provided further that
an officer of the force tendering resignation, for accepting a job under
Central or State Governments or local bodies, after having been granted cadre
clearance for the same [26][or
who has completed 10 years of service] shall not be required to refund the sum
as provided here in above. (2)
The Central Government may accept the
resignation under sub-rule (1) with effect from such date as it may consider
expedient. (3)
The Central Government may refuse to permit
an officer to resign: (a)
if an emergency has been declared in the
Country either due to internal disturbances or external aggression; or (b)
if considers it to be inexpedient so to do [27][due
to exigencies of service] or in the interests of the discipline of the force;
or (c)
if the officer has specifically undertaken to
serve for a specified period and such period has not expired. (4)
The provisions of this rule, shall apply to
and in relation to subordinate officer and enrolled persons as they apply to
and in relation to any officer of the force and the powers vested in the
Central Government under sub-rules (1) and (2) shall be exercised in the case
of a Subordinate Officer by a Deputy Inspector General and in the case of an
Enrolled Person by a Commandant. (1)
When it is proposed to terminate the service
of an officer under Section 10 on account of misconduct, he shall be given an
opportunity to show-cause in the manner specified in sub-rule (2) against such
action: Provided that this sub-rule
shall not apply: (a)
where the service is terminated on the ground
of conduct which has led to his conviction by a criminal court or a Security
Force Court; or (b)
where the Central Government is satisfied
that for reasons, to be recorded in writing, it is not expedient or reasonably
practicable to give to the officer an opportunity of showing cause. (2)
When after considering the reports on an
officer*s misconduct, the Central Government or the Director General, as the
case may be, is satisfied that the trial of the Officer by a Security Force
Court is inexpedient or impracticable, but is of the opinion, that the further
retention of the said officer in the service is undesirable, the
Director-General shall so inform the officer together with particulars of
allegation and report of investigation (including the statements of witnesses,
if any, recorded and copies of documents if any, intended to be used against
him) in cases where allegations have been investigated and he shall be called
upon to submit, in writing, his explanation and defence: Provided that the
Director-General may with hold disclosure of such report or portion thereof if,
in his opinion, its disclosure is not in the interest of the security of the
State. (3)
In the event of explanation of the Officer
being considered unsatisfactory by the Director-General, or when so directed by
the Central Government, the case shall be submitted to the Central Government
with the Officer*s defence and the recommendations of the Director-General as
to the termination of the Officer*s service in the manner specified in sub-rule
(4). (4)
When submitting a case to the Central
Government under the provision of sub-rule (2) or sub-rule (3), the
Director-General shall make his recommendation whether the Officer*s service
should be terminated, and if so, whether the officer should be, (a)
dismissed from the service; or (b)
removed from the service; or (c)
retired from the service; or (d)
called upon to resign. (5)
The Central Government, after considering the
reports and the officer*s defence, if any, or the judgment of the Criminal
Court, as the case may be, and the recommendation of the Director-General, may
remove or dismiss the officer with or without pension, or retire or get his
resignation from service, and on his refusing to do so, the officer may be
compulsorily retired or removed from the service with pension or gratuity, if
any, admissible to him.][28] (1)
When the Director-General is satisfied that
an officer is unsuitable to be retained in service, the officer. (a)
shall be so informed; (b)
shall be furnished with particulars of all
matters adverse to him; and (c)
shall be called upon to urge any reasons he
may wish to put forward in favour of his retention in the service: Provided that clauses (a),
(b) and (c) shall not apply, if the Central Government is satisfied that, for
reasons, to be recorded by it in writing, it is not expedient or reasonably
practicable to comply with the provisions thereof: Provided further that the
Director-General may not furnish to the officer any matter adverse to him, if
in his opinion, it is not in the interest of the security of the state to do
so. (2)
In the event of the explanation being
considered by the Director-General unsatisfactory, the matter shall be
submitted to the Central Government for orders, together with the officer*s
explanation and the recommendation of the Director-General. (3)
The Central Government after considering the
reports, the explanation, if any, of the officer and the recommendation of the
Director-General, may call upon the officer to retire or resign and on his
refusing to do so, the officer may be compulsorily retired from the service
with pension or gratuity, if any, admissible to him. (1)
When it is proposed to terminate the service
of a person subject to the Act other than an officer, he shall be given an
opportunity by the authority competent to dismiss or remove him, to show-cause
in the manner specified in sub-rule (2) against such action: Provided that this sub-rule
shall not apply (a)
where the service is terminated on the ground
of conduct which has led to his conviction by a criminal court or a Security
Force Court; or (b)
where the competent authority is satisfied
that, for reasons to be recorded in writing, it is not expedient or reasonably
practicable to give the person concerned an opportunity or showing cause. (2)
When after considering the reports on the
misconduct of the person concerned, the competent authority is satisfied that
the trial of such a person is inexpedient or impracticable, but, is of the
opinion that his further retention in the service is undesirable, it shall so
inform him together with all reports adverse to him and he shall be called upon
to submit, in writing, his explanation and defence: Provided that the competent
authority may withhold from disclosure any such report or portion thereof, if,
in his opinion its disclosure is not in the public interest. (3)
The competent authority after considering his
explanation and defence if any may dismiss or remove him from service with or
without pension: Provided that a Deputy
Inspector General shall not dismiss or remove from service, a Subordinate
Officer of and above the rank of an Inspector. (4)
All cases of dismissal or removal under this
rule, shall be reported to the Director-General.] Where the Central Government
is satisfied, for reasons to be recorded in writing, that:
(i)
it is not reasonably practicable to follow the
procedure laid down in the said rules, or
(ii)
it is not expedient, in the interests of the
security of the State, to follow such procedure, it may order the dismissal or
removal from the force of a person subject to the Act without following the
procedure laid down in Rules 20 and 21. When a person subject to the
Act is convicted of a civil offence the competent authority may dismiss or
remove him from service without holding any inquiry or issuing a show-cause
notice.] [29] A subordinate officer or an
enrolled person shall on the fulfillment of the terms and conditions of service
under which he was appointed or enrolled be eligible to retire. [30][(1)
Where a Commandant is satisfied that a Subedar-Major, an Inspector], a
Sub-Inspector, an Assistant Sub-Inspector or an enrolled person is unable to
perform his duties by reason of any physical disability, he may direct that the
said Subedar-Major, the Inspector,] the Sub-Inspector, the Assistant
Sub-Inspector] or the enrolled person, as the case may be, to be brought before
a Medical Board.] (2) The Medical Board shall be constituted in such
manner as may be determined by the Director-General. (3) [31][Where
the said Subedar-Major, Inspector, Sub-Inspector, Assistant Sub-Inspector or
enrolled person is found by the Medical Board to be unfit for further service
in the force, the Inspector General, the Deputy Inspector-General or as the
case may be, the Commandant may, if he agrees with the finding of the Medical
Board order the retirement of the Subedar-Major, the Inspector, the
Sub-Inspector, the Assistant Sub-Inspector, as the case may be, the enrolled
persons: Provided that before the
said Subedar-Major or Inspector or Sub-Inspectoror Assistant Sub-Inspector or
as the case may be, the enrolled person is so retired the finding of the
Medical Board and the decision to retire him shall be communicated to him. (4) The Subedar-Major, the Inspector, the
Sub-Inspector, the Assistant Sub-Inspector or, as the case may be, the enrolled
person may, within a period of fifteen days from the date of receipt of such
communication, make a representation to the officer next superior in command to
the one who ordered the retirement.] (5) The said superior officer shall have the case
referred to a Review Medical Board which shall be constituted in such manner as
may be determined by the Director-General. (6) The superior officer may, having regard to the
finding of the Review Medical Board, pass such order as he may deem fit. (7) Where a representation has been made to a
superior officer under sub-rule (4), an order passed under sub-rule (3), shall
not take effect till it is confirmed by such superior officer. Where a Commandant is
satisfied that an enrolled person is unsuitable to be retained in the force,
the Commandant may, after giving such enrolled person an opportunity of showing
cause (except when he considers it to be impracticable or inexpedient in the
interest of security of the State, to give such opportunity), retire such
enrolled person from the force.][32] (1)
Where a Deputy Inspector-General is satisfied
that a Sub-Inspector, or an Assistant Sub-Inspector is unsuitable to be
retained in the force, he may, after giving such Sub-Inspector or Assistant
Sub-Inspector, as the case may be, an opportunity of showing cause (except when
he considers it to be impracticable or inexpedient in the interest of security
of State, to give such opportunity), retire the said Sub-Inspector or Assistant
Sub-Inspector from the force. (2)
Where an Inspector General is satisfied that
an Inspector or Subedar-Major is unsuitable to be retained in the force, he
may, after giving such Inspector or Subedar-Major an opportunity of showing
cause (except when he considers it to be impracticable or inexpedient in the
interest of security of State, to give such opportunity), retire such Inspector
or Subedar-Major from the force.] [33] Any power conferred by the
provisions of this Chapter on an officer may also be exercised by an officer or
authority superior in command to the first mentioned officer. [34][Any
person subject to the Act, who considers himself aggrieved by any order of
termination of his service passed under this Chapter may; in the case of an
officer, present a petition to the Central Government, in the case of an
Assistant Sub-Inspector or a subordinate officer, present a petition to the
Director-General and in the case of an enrolled person, present a petition to
the Inspector General, who may pass such orders on the petition as deemed fit][35]. Provided that the limitation
period for filing such petition shall be three months from the date of order of
termination or from the date of its receipt, whichever is later. Where an order of dismissal
or of removal or of retirement of a person subject to the Act is set aside, the
officer or authority setting aside such dismissal, removal or retirement shall
pass such orders as may be necessary in respect of the period of absence from
duty of the person whose dismissal, removal or retirement has been set aside. The effective date of
dismissal, resignation or retirement shall be: (a)
the date mentioned in the order of dismissal
or removal or order sanctioning or accepting resignation or retirement, or (b)
if no such date is mentioned the date on
which the order was signed or the date on which the person concerned is
relieved from duties, whichever is later. CHAPTER
V ARREST AND INVESTIGATION (1)
Arrest may be either open arrest or close
arrest. (2)
An arrest, unless otherwise specified shall
mean an open arrest. (3)
An order imposing arrest may be communicated
to the person to be arrested either orally or in writing. (1)
No person subject to this Act shall be
arrested on a charge under the Act except under and in accordance with the
orders of a superior officer having power of command over him. (2)
Notwithstanding anything contained in
sub-rule (1) any person subject to the Act may be placed under arrest by any
superior officer: (a)
if he commits an offence against such
superior officer, or (b)
if he commits an offence in the view of such
superior officer, or (c)
if he is behaving in a disorderly manner and
the said superior officer considers it necessary to place such a person under arrest
with a view to stop such disorderly behavior. (3)
A superior officer effecting arrest under
sub-rule (2) shall as soon as possible, and in any case within twenty four
hours of such arrest send a report to the Commandant of the battalion or unit
of which the person arrested is a member and in case of the arrest of an
officer of and above the rank of Commandant, to his immediate superior officer. (A)
Close arrest (1)
(a) Close arrest in the case of enrolled
persons shall be imposed by informing the person to be arrested and ordering
him to be marched to the place of confinement under an escort of persons of
similar or superior rank. (b) Where no such escort is
available the person arrested shall be ordered to report himself immediately to
the quarter guard or other place of confinement. (2)
(a) Close arrest in the case of officers,
subordinate officers and under officers, shall be imposed by placing such
officer, subordinate officer or under officer under the custody of another
person of similar or superior rank and wherever considered necessary such
officer, subordinate officer, or under officer may be confined under charge of
a guard. (b) The person under arrest
shall not leave his quarter or tent without permission of a superior officer
designated by the Commandant in this behalf. (B)
Open arrest (1)
(a) Open arrest shall be imposed by informing
the person to be arrested (whether he is an officer, subordinate officer, under
officer or an enrolled person) that he is under open arrest and that he shall
confine himself within such limits as may be specified in this behalf by the
concerned superior officer effecting such arrest. (b) The Commandant may, from
time to time, vary the limits referred to in clause (a) above. (1)
Any person arrested under Rule [36][32]
may be released from arrest under the order of an Assistant Commandant, Deputy
Commandant, Commandant or any officer superior to the Commandant. (2)
Subject to the provisions of Rule 35, no person
except on the basis of any fresh evidence against him be re-arrested. Pending the completion of
the investigation or convening of a Court any person who has been placed under
arrest may without prejudice to re-arrest be released by his Commandant or by
any officer superior to his Commandant. (1)
Any person charged with:
(i)
an offence under Section 14, or clause (a) or
clause (b) of Section 16, or Section 17 or Section 20 or sub-section (1) of
Section 21.
(ii)
a civil offence punishable with death or
imprisonment for life.
(iii)
any other offence under the Act: (a)
if the interest of discipline so require, or (b)
if the person concerned deliberately
undermines discipline, or (c)
if the person concerned is of violent
disposition, or (d)
if the person concerned is likely to absent
himself with a view to avoid trial, or (e)
if the person concerned is likely to
interfere with witness or tamper with evidence, shall be placed under arrest. (2)
Where any person arrested shows symptoms of
sickness, medical assistance shall be provided for such person. (1)
Where an intoxicated person has been
arrested, he shall, as far as possible, be confined separately and shall be
visited by orderly officer or orderly subordinate officer or orderly under
officer or under officer in charge of the guard, once every two hours. (2)
An intoxicated person shall not be taken
before a superior officer for investigation of his case until he has become
sober. (1)
Unless the convening officer has otherwise
directed, on the commencement of the trial of a person by the Court, the said
person shall be placed under arrest and shall remain under arrest during the
trial. (2)
Where a sentence lower than imprisonment is
passed by a Court the arrested person shall be released by his Commandant
pending confirmation of the finding and sentence: Provided that a person who
has been sentenced to be dismissed shall not, except while on active duty, be
put on any duty. (1)
(a) The report on reasons for delay as
required under Section 59 shall be in the form set out in Appendix II and it
shall be sent by the Commandant to the Deputy Inspector General under whom the
accused may be serving. (b) A copy of the eighth
delay report and every succeeding report thereof shall also be sent to the
Inspector General under whom the accused may be serving. (2)
Where the accused is kept under arrest for a
period exceeding three months without being brought to trial, a special report
regarding the action taken and the reasons for the delay shall be sent by the
Commandant to the Director-General with a copy each to the Deputy Inspector
General and the Inspector General concerned. (1)
(a) Any person placed under arrest shall, at
the time of being placed under arrest, be given in writing by the officer
effecting the arrest the particulars of the charges against him. (b) The said particulars
shall be rendered in simple language and also explained to the accused. (c) Notwithstanding anything
contained in clause (a), where during the investigation other offences
committed by the accused are discovered, it shall be lawful to charge such
person with those offences. (2)
(a) The orderly officer or the orderly
Subordinate Officer shall every day make a visit to the person under arrest and
take the orders of the Commandant on any request or representation made by the
person under arrest. (b) The request or
representation made by the person under arrest shall be entered in the form set
out in Appendix III. (1)
Not withstanding anything contained in these
rules, the appointing authority may, at its discretion, place a person serving
under him, under suspension:
(i)
where a disciplinary action under the Act
against him is contemplated or is pending; or
(ii)
where in the opinion of the authority
aforesaid, he has engaged himself in activities prejudicial to the interest or
the security of the State; or
(iii)
where a case against him in respect of any
civil offence is under investigation, inquiry or trial. [37][Provided
that the Director-General may exercise the powers of suspension in respect of
officers of the force up to the rank of Deputy Commandant. Provided further that the
Director-General shall report the facts of each case immediately to the Central
Government and all such orders of suspension shall become ab initio void unless
confirmed by the Central Government within a period of one month from the date
of the said orders, irrespective of the fact that the suspension is revoked by
the said authority within that period.][38] (2)
A member of the force shall be deemed to have
been placed under suspension by an order of the appointing authority:
(i)
with effect from the date of his detention by
civil police on a criminal charge or otherwise for a period exceeding 48 hours;
or
(ii)
with effect from the date of his conviction
by a civil court on a criminal charge, if the sentence awarded is imprisonment
for a term exceeding 48 hours. (3)
An order of suspension made or deemed to have
been made under this rule shall continue to remain in force until it is
modified or revoked by the authority competent to do so. [39][(3-A)
“An order of suspension made or deemed to have been made under this rule shall
be reviewed by the authority competent to modify or revoke such order before
expiry of ninety days from the effective date of suspension and pass an order
either extending or revoking the suspension and any subsequent review shall be
made before the expiry of such extended period of suspension: Provided that no extension
of suspension shall be made for a period exceeding one hundred and eighty days
a time.”] (4)
An order of suspension made or deemed to have
been made under this rule, may at any time, be modified or revoked by the
authority which made the order or by any authority to which that authority is
subordinate. (5)
When a person remains under suspension for
more than 90 days, a report giving reasons for delay in the finalisation of his
case shall be submitted to the Director-General by the Commandant of the
accused and thereafter, subsequent reports shall be submitted every month till
the case is finalised or the order of suspension is revoked whichever is
earlier.] CHAPTER
VI CHOICE OF JURISDICTION BETWEEN SECURITY FORCE COURT AND CRIMINAL COURT (1)
Where an offence is triable both by a
criminal court and a Security Force Court, an officer referred to in Section 80
may,
(i)
(a) Where the offence is committed by the
accused in the course of the performance of his duty as a member of the force,
or (b) Where the offence is
committed in relation to property belonging to the Government or the force or a
person subject to the Act, or (c) Where the offence is
committed against a person subject to the Act, direct that any person subject
to the Act, who is alleged to have committed such an offence, be tried by a
Court; and
(ii)
in any other case, decide whether or not it
would be necessary in the interests of discipline to claim for trial by a Court
any person subject to the Act who is alleged to have committed such an offence. (2)
In taking a decision to claim an offender for
trial by a Court, an officer referred to in Section 80 may take into account
all or any of the following factors, namely: (a)
The offender is on active duty or has been
warned for active duty and it is felt that he is trying to avoid such duty; (b)
the offender is a young person undergoing
training and the offence is not a serious one and the trial of the offender by
a criminal court would materially affect his training; (c)
the offender can, in view of the nature of
the case, be dealt with summarily under the Act. Without prejudice to the
provisions of sub-rule (1) of Rule 41, an offender may not be claimed for trial
by a Security Force Court: (a)
where the offence is committed by him along
with any other person not subject to the Act whose identity is known; or (b)
where the offence is committed by him while
on leave or during absence without leave. CHAPTER
VII INVESTIGATION AND SUMMARY DISPOSAL Where it is alleged that a
person subject to the Act [40][other
than an officer or a Subordinate Officer] has committed an offence punishable
there under the allegation shall be reduced to writing in the form set out in
Appendix IV. Where it is alleged that an
officer or a subordinate Officer has committed an offence punishable under the
Act, the allegation shall be reduced to writing in the form set out in Appendix
VI.][41] [42][(1)
The charge shall be heard by the Commandant of the accused in the following
manner:
(i)
The charge and statements of witnesses, if
recorded, shall be read over to the accused.
(ii)
If written statements of witnesses are not
available, or where the Commandant considers it necessary to call any witness,
he shall hear as many witnesses as he may consider essential to enable him to
determine the issue.
(iii)
Wherever witnesses are called by the
Commandant, the accused shall be given opportunity to cross-examine them.
(iv)
Thereafter, the accused shall be given an
opportunity to make a statement in his defence.] (2)
After hearing the charge under sub-rule (1), the Commandant may:
(i)
award any of the punishments which he is
empowered to award; or
(ii)
dismiss the charge; or
(iii)
remand the accused, for preparing a record of
evidence or for preparation of an abstract of evidence against him; or
(iv)
remand him for trial by a Summary Security
Force Court: Provided that, in cases
where the Commandant awards more than 7 days imprisonment or detention he shall
record the substance of evidence and the defence of the accused: Provided further that he
shall dismiss the charge, if in his opinion the charge is not proved or may
dismiss it if he considers that because of the previous character of the
accused and the nature of the charge against him it is not advisable to proceed
further with it: Provided also that, in case
of all offences punishable with death a record of evidence shall be taken: [43][Provided
further that in case of offences under Sections 14, 15, 17, 18 and offence of
‘murder’ punishable under Section 46 of the Act, if the accused has absconded
or deserted, the Commandant shall hear the charge in his absence and remand the
case for preparation of the record of evidence.][44] (1)
A specified officer may proceed against an
enrolled person if, (a)
the charge can be summarily dealt with; or (b)
the case has not been reserved by the
Commandant for disposal by himself; or (c)
the accused is not under arrest. (2)
After hearing the charge under sub-rule (1)
of the Rule 45 the specified officer may,
(i)
award any of the punishment which he is
empowered to award, or
(ii)
dismiss the charge, or
(iii)
refer the case to Commandant][45]. (1)
(a) The charge against an officer or a
subordinate officer shall be heard by his Commandant: Provided that charge against
a commandant, a Deputy Inspector-General or an Inspector-General may be heard
either by an officer commanding a Unit or Headquarters to which the accused may
be posted or attached or by his Deputy Inspector-General, or his
Inspector-General, as the case may be, the Director-General. [46][(b)
The Charge-sheet and statements of witnesses, if recorded and relevant
documents, if any, shall be read over to the accused:] Provided that where written
statements of witnesses are not available, or where the officer hearing the
charge considers it necessary, he shall hear as many witnesses as he may
consider essential to enable him to know about the case. (c) Wherever witnesses are
called by the officer hearing the charge, the accused shall be given an
opportunity to cross-examine them. (d) Thereafter, the accused
shall be given an opportunity to make a statement in his defence.][47] (2)
After hearing the charge under sub-rule (1),
the officer who heard the charge may:
(i)
dismiss the charge; or [48][Provided
that he shall dismiss the charge if in his opinion the charge is not proved or
may dismiss it if he considers that because of the previous character of the
accused and the nature of the charge against him, it is not advisable to
proceed further with it, and where a charge against an officer is dismissed on
any such ground, he shall record reasons for dismissing the same: Provided further that where
a case in respect of an officer has been referred to for initiation of
disciplinary action by a
(ii)
remand the accused, for preparation of a
record of evidence or preparation of abstract of evidence against the accused:
superior authority, the officer hearing the charge shall not dismiss the same
without reference to such authority: Provided also that in case
of all offences punishable with death, a record of evidence shall be prepared:] [49][Provided
also that in case of offence under Sections 14, 15, 17, 18 and offence of
‘murder’ punishable under Section 46 of the Act, if the accused has absconded
or deserted, the Commandant shall hear the charge in his absence and remand the
case for preparation of record of evidence.] The Commandant shall not
deal with any case:
(i)
where the offence with which the accused is
charged is against the Commandant himself; or
(ii)
where the Commandant is himself a witness in
the case against the accused; or
(iii)
where the Commandant is otherwise personally
interested in the case, and the accused shall be attached to another battalion
or unit for disposal of the case under the order of the Deputy
Inspector-General: Provided that a Commandant
shall not be disqualified from hearing a charge merely because the offence was
committed against the property of a Force Mess, band or institution of which
the Commandant is a member or trustee or because the offence is one of
disobedience of such Commandant*s orders: [50][Provided
further that a person may also be attached to any Battalion, Unit, Headquarter
or Establishment on the ground of any service exigency under orders of his
Deputy Inspector General or any other superior officer or Authority.] A charge for an offence
under Section 14 or Section 15 or clauses (a) and (b) of Section 16 or Section
17 or clause (a) of Section 18 or clause (a) Section 20 or clause (a) Section
24 or Section 46 (other than that for simple hurt or theft) or a charge for
abetment of or an attempt to commit any of these offences shall not be dealt
with summarily. (1)
[51][The
officer ordering the record of evidence may either prepare the record of
evidence himself or detail another officer to do so. (2)
The witnesses shall give their evidence in
the presence of the accused and the accused shall have right to cross-examine
all witnesses who give evidence against him: [52][Provided
that where statement of any witness at a court of inquiry is available,
examination of such a witness may be dispensed with and the original copy of
the said statement may be taken on record. A copy thereof shall be given to the
accused and he shall have the right to cross-examine if he was not afforded an
opportunity to cross-examine the witness at the Court of Inquiry.] (3)
After all the witnesses against the accused
have been examined, he shall be cautioned in the following terms; “You may make
a statement if you wish to do so, you are not bound to make one and whatever
you state shall be taken down in writing and may be used in evidence.” After
having been cautioned in the aforesaid manner whatever the accused states shall
be taken down in writing. (4)
The accused may call witnesses in defence and
the officer recording the evidence may ask any question that may be necessary
to clarify the evidence given by such witnesses. (5)
All witnesses shall give evidence on oath or
affirmation: Provided that, no oath or
affirmation shall be given to the accused nor shall he be cross-examined. (6)
(a) The statements given by witnesses shall
ordinarily be recorded in narrative form and the officer recording the evidence
may, at the request of the accused, permit any portion of the evidence to be
recorded in the form of question and answer. (b) Witnesses shall sign
their statements after the same have been read over and explained to them. [53][(6-A)
The provisions of Section 89 of the Act shall apply for procuring the
attendance of the witnesses before the officer preparing the Record of
Evidence.] (7)
Where a witness cannot be compelled to attend
or is not available or his attendance cannot be procured without an undue
expenditure of time or money and after the officer recording the evidence has
given a certificate in this behalf, a written statement signed by such witness
may be read to the accused and included in the record of evidence. (8)
After the recording of evidence is completed
the officer recording the evidence shall give a certificate in following form: “Certified that the record
of evidence ordered by…..Commandant… ………………………………………. was made in the presence
and hearing of the accused and the provisions of Rule 48 have been complied
with”. (1)
If a person subject to the Act absconds or
deserts the force after commission of offences under Sections 14, 15, 17, 18
and offence of ‘murder’ punishable under Section 46 of the Act and there is no
immediate prospect of his apprehension, the officer detailed to prepare the
record of evidence shall examine the witnesses in the absence of the accused
and such evidence may, on the apprehension of such accused, be given in
evidence against him at the trial by a Security Force Court, if such witness is
dead or incapable of giving evidence or cannot be found or his presence cannot
be procured without an amount of delay, expenses or inconvenience which, under
the circumstances of the case would be unreasonable. (2)
(a) The abstract of evidence, shall include;
(i)
signed statements of witnesses wherever
available or a precis thereof;
(ii)
copies of all documents intended to be
produced at the trial. (b) Where signed statements
of any witnesses are not available a precis of their evidence shall be
included. (3)
A copy of the abstract of evidence shall be
given by the officer making the same to the accused and the accused shall be
given an opportunity to make a statement if he so desires after he has been
cautioned in the manner laid down in sub-rule (3) of Rule 48: Provided that the accused
shall be given such time as may be reasonable in the circumstances but in no
case less than twenty four hours after receiving the abstract of evidence to
make his statement.][54] (1)
An abstract of evidence shall be prepared
either by [55][the
officer ordering it] or an officer detailed by him. Where the Commandant
considers it necessary so to do, he may lodge a report with the police for
investigation of any case. (1)
Where an officer has been detailed to prepare
the record of evidence or to make an abstract thereof, he shall forward the
same to the Commandant. (2)
If the Commandant considers the evidence
recorded insufficient but considers that further evidence may be available, he
may remand the case for recording additional evidence. (3)
The Commandant may, after going through the
record or abstract of evidence including additional evidence, if any:
(i)
[56][dismiss
the charge after recording the reasons therefor]; or
(ii)
rehear the charge and award summary
punishments; or
(iii)
try the accused by a Summary Security Force
Court where he is empowered so to do: Provided that the Commandant
while convening a Court may reframe the charge; or
(iv)
apply to a competent officer or authority to
convene a Court for the trial of the accused.][57] (1)
Where an officer has been detailed to prepare
the record of evidence or to make an abstract thereof, he shall forward the
same to [58][the
officer or authority who] ordered for its preparation. [59][(2)
If the officer or authority considers the evidence recorded insufficient but
considers that further evidence may be available, he may remand the case for
recording additional evidence. (3) The officer or authority mentioned above,
after going through the record or abstract of evidence, including additional
evidence, if any, may
(i)
[60][dismiss
the charge after recording the reasons therefor]; or
(ii)
dispose of the case summarily if he is so
em-powered; or
(iii)
refer the case to competent superior officer
for disposal; or
(iv)
apply to a competent officer or authority to
convene a General Security Force Court for the trial of the accused.][61] An application for a Court
shall be made by the Commandant in the form set out in Appendix V to these
rules and shall be accompanied by five copies of the record or abstract of
evidence and Charge-sheet and such other documents as are mentioned in that
application form. CHAPTER
VIII ON CHARGES AND MATTERS ANTECEDENT TO TRIAL (1)
A Charge-sheet shall contain the whole of the
issue or issues to be tried at one time and may contain more than one charge,
if the charges are founded on the same facts or form part of a series of
offences of same or similar character: Provided that a charge under
Section 18, Section 19, Section 29 and Section 32 may be included in any
Charge-sheet, notwithstanding that other charges in that Charge-sheet are not
founded on the same facts or do not form part of a series of offences of the
same or similar character. (2)
Every Charge-sheet shall in its layout follow
the appropriate specimen set out in Appendix VI to these rules. (1)
There shall be a separate charge for each
offence. (2)
(a) If a single act or series of acts is of
such a nature that it is doubtful which of several offences the facts which can
be proved will constitute, the accused may be charged with having committed all
or any of such offences, and any number of such charges may be tried at once or
he may be charged in the alternative with having committed some one of the said
offences. (b) The charge for the more
serious offence shall precede the one for the less serious offence. (3)
Each charge shall consist of two parts, namely: (a)
statement of offence, and (b)
particulars of the offence. (4)
The offence shall be stated, if not a civil
offence, as nearly as practicable, in the words of the Act, and if a civil
offence, in such words as would sufficiently describe that offence. (5)
(a) The particulars shall state the time and
place of the alleged offence and the person (if any) against whom, or the thing
(if any) in respect of which, it was committed and these should be sufficient
to give the accused notice of the matter with which he is charged. (b) In case such particulars
are not sufficient to give the accused notice of the matter with which he is
charged, the charges shall also contain such particulars of the manner in which
the offence was committed as will be sufficient for that purpose. (1)
Any number of accused may be charged jointly
and tried together for an offence averred to have been committed jointly by
them. (2)
Any number of accused though not charged
jointly may also be tried together for an offence averred to have been
committed by one or more of them and abetted by other or others. (3)
Where the accused are so charged under
sub-rule (1) or sub-rule (2), any one or more of them may be charged with, and
tried for, any other offence with which they could have been charged under
sub-rule (1) of Rule 53. A Charge-sheet shall not be
invalid merely by reason of the fact that it contains any mistake in the name
or description of the accused, and in the construction of a Charge-sheet there
shall be presumed in favour of supporting it every proposition which may
reasonably be presumed to be impliedly included, though not expressed therein,
and the statement of the offence and the particulars of the offence shall be
read and construed together. (1)
At any time during a trial, if it appears to
the court that there is in the Charge-sheet; (a)
a mistake in the name or description of the
accused, or (b)
a mistake which is attributable to a clerical
error or omission, the Court may amend the charge-sheet so as to correct the
mistake. (2)
If at any time during a trial, at which there
is a Law Officer, it appears to the Court, before it closes to deliberate on
its findings, that it is desirable in the interests of justice to make any
addition to, omission from or alteration in, a charge which cannot be made
under sub-rule (1) of this rule it may, if such addition, omission, or
alteration can be made without unfairness to the accused, and with the
concurrence of the Law Officer, so amend the charge. (3)
If at any time during a trial, at which there
is no Law Officer, it appears to the Court, before it closes to deliberate on
its finding, that in the interests of justice it is desirable to make any
addition to, omission from or alteration in a charge which cannot be made under
sub-rule (1) of this rule, it may adjourn and report its opinion to the
convening officer, who may: (a)
amend the charge if permissible under Rule 58
and direct the Court to try it as amended after due notice of the amendment has
been given to the accused; or (b)
direct the Court to proceed with the trial of
the charge without amending it; or (c)
convene a fresh Court to try the accused. When a Security Force Court
reports to the convening officer under either Rule 57 or Rule 73 he may amend
the charge in respect of which the Court has reported to him by making any
addition to, omission from or alteration in the charge which, in his opinion,
is desirable in the interests of justice and which he is satisfied can be made
without unfairness to the accused. [62][CONVENING OF GENERAL AND PETTY SECURITY
FORCE COURTS] (1)
As soon as a superior officer receives an
application for convening a court, he shall scrutinise the charge and the
evidence against the accused, where necessary in consultation with the [63][*
* *] Law Officer and he:
(i)
shall direct the Commandant to dismiss the
charge where the evidence against the accused is insufficient and further
evidence is not likely to be available and may direct him to do so if he
considers it inadvisable to proceed with the trial; or
(ii)
may return the case to Commandant for being
tried by a Summary Security Force Court or being dealt with summarily if he
considers that the same can be adequately so tried or dealt with; or
(iii)
[64][may
return the case for recording further evidence, if he considers the evidence recorded
insufficient but considers that further evidence may be available; or
(iv)
may dispose of the case administratively
under Chapter IV of these rules if competent to do so, or refer it to the
competent authority for disposal, where he is of the opinion that the charge
against a person is serious but the trial by Security Force Court is
inexpedient or not reasonably practicable for the reasons to be recorded in
writing; or
(v)
may, after recording the reasons, dispose of
the case administratively under Chapter XIV-A of these rules if competent to do
so, or refer it to the competent authority for disposal, where he is of the
opinion that the charge against the officer or the subordinate officer, as the
case may be, does not deserve to be dismissed but also not so serious as to
warrant trial by a Security Force Court.] (2)
(a) In any other case he may either himself
convene a Court or if he considers that a higher type of Court should be
convened and he is not empowered to convene such a Court, forward the case to a
higher authority with recommendation that such Court may be convened. (b) The higher authority on
receiving the case may exercise any of the powers given in sub-rule (1) of this
rule: Provided that a superior
officer or higher authority before convening a General Security Force Court or
a Petty Security Force Court [65][*
* *] shall take the advice of the Chief Law Officer or a Law officer: Provided further that the
superior authority or higher authority while convening a Court may reframe the
Charge-sheet on which the accused is to be tried. An officer shall be
disqualified from serving on a Court if he:
(i)
is an officer who convened the Court; or
(ii)
is the prosecutor or a witness for the
prosecution; or
(iii)
has taken any part in the investigation of
the case, which would have necessitated his applying his mind to any part of
the evidence, or to the facts of the case; or
(iv)
is the Commandant of the accused; or
(v)
has a personal interest in the case. (1)
A court shall consist, as far as practicable,
of officers of different battalions [67][or
units]. (2)
The members of a court for the trial of an
officer shall be of a rank not lower than the rank of that officer, unless in
the opinion of the convening officer, officers of such rank are not, having due
regard to the exigencies of public service, available. Such opinion shall be
recorded in the convening order. (3)
A court for the trial of a Commandant, shall
as far as possible, consist of officers who are or have been commandants or who
hold, or have held, a higher appointment] [68]. When an officer convenes a
Court he shall: (a)
issue a convening order in the appropriate
form set out in Appendix VII; (b)
direct upon what charges the accused is to be
tried and ensure that the accused has been remanded for trial by a Court upon
these charges, by his Commandant; (c)
if he is of the opinion that charges shall be
put in separate Charge-sheets, so direct and shall also direct the order in
which they are to be tried; (d)
direct, if there is more than one accused
whether the accused are to be tried jointly or separately; (e)
appoint members of the Court and any waiting
members; (f)
if convening:
(i)
a General Security Force Court; or
(ii)
a Petty Security Force Court which he
considers should be attended by a Law Officer, take the necessary steps to
procure the appointment of Law Officer by or on behalf of the Chief Law
Officer; (g)
appoint an officer, subject to the Act or a
counsel assisted by such an officer to prosecute or detail a Commandant to
appoint an officer subject to the Act, to prosecute: Provided that the convening
officer may appoint more than one such officer to prosecute if he thinks fit; (h)
appoint an interpreter wherever necessary; (i)
send to the senior member the Charge-sheet,
the convening order and a copy of the record or abstract of evidence from which
any evidence which in his opinion would be inadmissible at the trial has been
expurgated; (j)
forward to each member of the Court and to
each waiting member a copy of the charge-sheet; (k)
forward to the prosecutor copies of the
Charge-sheet and convening order and the original record or abstract of
evidence together with an unexpurgated copy there of showing the passages (if
any) which have been expurgated in the copy sent to the senior member; (l)
forward to the Law Officer (if any) copies of
the Charge-sheet and convening order and an unexpurgated copy of the record or
abstract of evidence showing the passages (if any) which have been expurgated
in the copy sent to the senior member; (m)
ensure that the Commandant has summoned all
the prosecution witnesses and such defence witnesses as the accused may have
requested to be summoned under Rule 64. (1)
An accused, who has been remanded for trial,
shall be afforded proper opportunity for preparing his defence and shall be
allowed proper communication with his defending officer or counsel and with his
witnesses. (2)
A defending officer shall be appointed to
defend an accused who has been remanded for trial unless the accused states in
writing that he does not wish such an appointment to be made. (3)
If the prosecution is to be undertaken by a
legally qualified officer or by a counsel the accused shall be notified of this
fact in sufficient time to enable him, if he so desires to make arrangement for
a legally qualified officer or counsel to defend him. (4)
As soon as practicable after a decision has
been taken to place the accused on trial and in any case not less than four
days before his trial he shall be given; (a)
a copy of the charge-sheet; (b)
an unexpurgated copy of the record or
abstract of evidence showing the passages (if any), which have been expurgated
in the copy sent to the senior member; (c)
notice of any additional evidence which the
prosecution intends to adduce; and (d)
if the accused so requires, a list of the
ranks, names and units of the members who are to form the Court and of any
waiting members. (5)
when an accused is given a copy of the
charge-sheet and of the record or abstract of evidence in accordance with this
rule, he shall: (a)
have the charge explained to him; and (b)
be informed that, upon his making a written
request to his Commandant not less than twenty four hours before his trial
requiring the attendance at his trial of a witness (other than a witness for
the prosecution) whom he desire to call in his defence (such witness to be named
by him), reasonable steps will be taken in accordance with these rules to
procure the attendance of any such witness at his trial. (6)
The provisions of sub-rules (2) and (3) shall
not apply in relation to a trial before a Summary Security Force Court and in
relation to such a trial the period of four days referred to in sub-rule (4)
shall be construed as twenty four hours. SUMMONING
OF DEFENCE WITNESSES (1)
Subject to the provisions of sub-rules (2)
and (3) the Commandant shall, on a request made in this behalf by the accused,
summon such witnesses as are specified by the accused. (2)
Where the Commandant is satisfied that the
evidence to be given by any witness is not likely to be of material assistance
at the trial he may refuse to summon such witness. (3)
The Commandant may before summoning any
witness, require the accused to defray or undertake to defray the cost of
attendance of such witness and if the accused refuses to defray or undertake to
defray the cost aforesaid, the Commandant may refuse to procure the attendance
of that witness. (4)
Where the Commandant has refused to summon
the witness under sub-rule (2) or sub-rule (3), the accused may make an
application to the Court for the summoning of such witness and the Court may,
if it considers it to be expedient in the interest of justice, order the
summoning of such witness and, if necessary, adjourn the proceedings for the
attendance of such witness. CHAPTER
IX PROCEDURE FOR SECURITY FORCE COURTS (1)
Upon a Security Force Court assembling the
Court shall, before beginning the trial, satisfy itself in closed court: (a)
that the Court has been convened in
accordance with the Act and these rules; (b)
that the Court consists of not less than the
minimum number of officers required by law; (c)
that the members are of the required rank; (d)
that members have been duly appointed and are
not disqualified under the Act; (e)
that if there is Law Officer he has been duly
appointed; (f)
that the accused appears from the
charge-sheet, to be subject to the Act and to be subject to the jurisdiction of
the Court; and (g)
that each charge is correct in law and framed
in accordance with these rules. (2)
(a) Where a vacancy occurs through a member
of the court being disqualified under the Act or being absent when the Court
assembles, the presiding officer may appoint a duly qualified waiting member to
fill that vacancy. (b) The Presiding Officer
may if the interests of justice so require, substitute a duly qualified waiting
member for a member appointed by the convening officer. (3)
If the court is not satisfied on any of the
matters mentioned in sub-rule (1) and is not competent to rectify such matter
itself under the Act or these rules, it shall before commencing the trial,
report thereon to the convening officer. (4)
When the Court has complied with this rule
and is ready to proceed with the trial, the presiding officer shall open the
Court and the trial shall begin. (1)
The order convening the Court and the names
of the officers appointed to try the accused shall be read in the hearing of
the accused who shall be given an opportunity to object to any of those
officers in accordance with Section 84 of the Act. (2)
An accused may make a statement and call any
person to make a statement in support of his objection. (3)
An officer to whom the accused has objected
may state in open Court anything relevant to the objection of the accused
whether in support or in rebuttal thereof. (4)
An objection to an officer shall be
considered in closed Court by all the other officers on the Court and the
officer objected to shall not be present at that time. (5)
When an objection to an officer is allowed
under sub (6)
An accused shall state the names of all the
officers to whom he objects before any objection is disposed of. (7)
If more than one officer is objected to; the
objection to. (8)
When a Court is to try more than one accused
whether separately or jointly, each accused shall be given an opportunity to
object to any officer on the Court in accordance with the foregoing sub-rule
and shall be asked separately whether he has any such objection each officer
shall be disposed of separately and the objection to the lowest in rank shall
be disposed of first section (3) of Section 84 that officer shall forthwith retire
and take no further part in the proceedings. (9)
When an officer objected to retires and there
is duly qualified waiting member in attendance, the presiding officer shall
immediately appoint him to take the place of the officer who has retired. (10)
The Court shall satisfy itself that a waiting
member who takes the place of a member of the Court is of the required rank and
not disqualified under the Act and shall give the accused an opportunity to
object to him and shall deal with any such objection in accordance with the Act
and these rules. (11)
If as the result of the allowance of an
objection to a member there are insufficient officers available to form a Court
in compliance with the Act the Court shall report to the convening officer
without proceeding further with the trial and convening officer may either
appoint an officer as a member to fill the vacancy or convene a fresh Court to
try the accused. As soon as the Court is
constituted with the proper number of officers who are not objected to or
objections in respect of whom have been overruled an oath or affirmation shall
be administered to every member in presence of the accused in one of the
following forms or in such other form to the same purport as the Court
ascertains to be according to his religion or otherwise binding on his
conscience. FORM
OF OATH “I,……………………………….…. swear by
Almighty God, that I will, well and truly, try the accused (or accused
persons), before the Court, according to the evidence and that I will, duly
administer justice, according to the Border Security Force Act, 1968, without partiality,
favour or affection; and I do further swear that I will not, on any account, at
any time, whatsoever, disclose or discover, the vote or opinion of any
particular member of the Court unless required to give evidence thereof by a
court of law”. FORM
OF AFFIRMATION “I,…………………………………. do
solemnly, sincerely and truly, declare and affirm, that I will well and truly,
try the accused (or accused persons), before the court, according to the
evidence, and that I will, duly administer justice according to the Border
Security Force Act, 1968, without partiality, favour or affection; and I do
further solemnly, sincerely and truly declare and affirm that I will not, on
any account at any time whatsoever, disclose or discover, the vote or opinion
of any particular member of this Court unless required to give evidence thereof
by a Court of Law”. After the members of the
Court are all sworn or have made affirmation, an oath or affirmation shall be
administered to the following persons or such of them as are present at the
Court in such of the following forms as shall be appropriate, or in such other
form to the same purport as the Court ascertains to be according to the
religion or otherwise binding on the conscience of the person to be sworn or
affirmed. (A)
LAW OFFICER FORM
OF OATH “I,……………….. swear by
Almighty God that I will, to the best of my ability, carry out the duties of
Law Officer, in accordance with the Border Security Force Act, 1968, and the
rules made thereunder without partiality, favour or affection, and I do further
swear that I will not, on any account at any time whatsoever, disclose or
discover the vote or opinion on any matter of any particular member of this
Court, unless required to give evidence thereof by a court of law”. FORM
OF AFFIRMATION “I,………………....do hereby,
solemnly, sincerely and truly declare and affirm that I will, to the best of my
ability, carry out the duties of Law Officer in accordance with the Border
Security Force Act, 1968 and the rules made thereunder without partiality,
favour or affection, and I do further solemnly, sincerely and truly declare and
affirm, that I will not, on any account, at any time, whatsoever, disclose or
discover the vote or opinion, on any matter, of any particular member of this
Court, unless, required to give evidence thereof by a court of law”. (B)
OFFICER ATTENDING FOR THE PURPOSE OF INSTRUCTION: FORM
OF OATH “I, ……………… …swear by
Almighty God that I will not on any account; at any time whatsoever disclose or
discover the vote or opinion of any particular member of this Court unless
required to give evidence thereof by a court of law”. FORM
OF AFFIRMATION “I,…………………………..do solemnly,
sincerely and truly, declare and affirm that I will not on any account, at any
time whatsoever, disclose or discover the vote or opinion of any particular
member of this Court unless required to give evidence thereof by a court of
law”. (C)
SHORTHAND WRITER: FORM
OF OATH “I, ………………….. …swear by
Almighty God that I will truly take down to the best of my power, the evidence
to be given before this Court and such other matters as I may be required to
take down and will, when required, deliver to the Court a true transcript of
the same”. FORM
OF AFFIRMATION “I,……………………. do solemnly,
sincerely and truly, declare and affirm, that I will truly take down to the
best of my power the evidence to be given before this Court and such other
matters as I may be required to take down and will, when required, deliver to
the court a true transcript of the same”. (D)
INTERPRETER FORM
OF OATH “I, … ……………………….swear by
Almighty God that I will faithfully, interpret and translate, as I shall be
required to do, touching the matter before this Court”. FORM OF AFFIRMATION “I, ………………………...do solemnly,
sincerely and truly declare and affirm that I will faithfully interpret and
translate, as I shall be required to do, touching the matter before this
Court”. A person shall not be sworn
or affirmed as an interpreter or shorthand writer, if he is objected to by the
accused unless the Court, after hearing the accused and the prosecutor,
disallows such objection as being unreasonable. The accused shall not be
permitted to object to the Law Officer or the prosecutor. (1)
When the Court and the Law Officer (if any)
have been sworn, the charge shall be read to the accused and shall be asked
whether he pleads guilty or not guilty to the charge or charges. (2)
If there is more than one charge, against the
accused he shall be required to plead separately to each charge. (3)
If there is more than one charge-sheet,
against the accused, before the Court, the Court shall proceed with the charges
in the first of such charge-sheets and shall announce its finding thereon and
if the accused has pleaded guilty, comply with Rule 78, before it arraigns him
upon the charges in any subsequent charge-sheet. (1)
The accused, before pleading to the charge,
may offer a plea regarding the jurisdiction of the Court; and in such a case (a)
the accused may adduce evidence in support of
the plea and the prosecutor may adduce evidence in answer thereto; and (b)
The prosecutor may address the Court in
answer to the plea and the accused may reply to the prosecutor*s address. (2)
If the Court allows the plea it shall adjourn
and report to the convening officer. (3)
When the Court reports to the convening
officer under this rule, the convening officer shall: (a)
if he approves the decision of the Court to
allow the plea, dissolve the Court; (b)
if he disapproves the decision of the court;
either:
(i)
refer the matter back to the Court and direct
them to proceed with the trial; or
(ii)
convene a fresh Court to try the accused. (1)
An accused before pleading to a charge may
object to it on the grounds that it is not correct in law or is not framed in
accordance with these rules and if he does so, the prosecutor may address the
Court in answer to the objection and the accused may reply to the prosecutor*s
address. (2)
If the Court upholds the objection, it shall
either amend the charge if permissible under Rule 57 or adjourn and report to
the convening officer: Provided that if there is
another charge or another Charge-sheet before the Court, the Court may, before
adjourning under this rule, proceed with the trial of such other charge or
other chargesheet. (3)
When the Court reports to the convening
officer under this rule, the convening officer shall: (a)
if he approves the decision of the Court to
allow the objection:
(i)
dissolve the Court; or
(ii)
where there is another charge or another
charge-sheet before the Court to which the objection does not relate and which
the Court has not tried, direct the Court to proceed with the trial of such
other charge or charge-sheet only, or
(iii)
amend the charge to which the objection
relates if permissible under Rule 58 and direct the Court to try it as amended, (b)
If he disapproves the decision of the Court
to allow the objection:
(i)
direct the Court to try the charge, or
(ii)
where there is another charge or another
charge-sheet before the Court to which the objection does not relate and which
the Court has not tried, direct the Court to proceed with the trial of such
other charge or charge-sheet only, or
(iii)
convene a fresh Court to try the accused. (1)
An accused before pleading to a charge may
offer a plea that the trial is barred under Section 75 or Section 76. If he
does so: (a)
the accused may adduce evidence in support of
the plea and the prosecutor may adduce evidence in answer thereto, and (b)
the prosecutor may address the Court in
answer to the plea and the accused may reply to the prosecutor*s address. (2)
If the Court allows the plea it shall adjourn
and report to the convening officer: Provided that if there is another
charge or another charge-sheet before the Court, the Court may, before
adjourning under this rule, proceed with the trial of such other charge or
other chargesheet. (3)
When a Court reports to the convening officer
under this rule, the convening officer shall: (a)
if he approves the decision of the Court to
allow the plea,
(i)
dissolve the Court; or
(ii)
where there is another charge or another
charge-sheet before the Court to which the plea does not (relate and which the
Court has) not tried, direct the Court to proceed with the trial of such other
charge or charge-sheet only, (b)
if he disapproves the decision of the Court
to allow the plea:
(i)
direct the Court to try the charge; or
(ii)
where there is another charge or another
charge-sheet before the Court to which the plea does not relate and which the
Court has not tried direct the Court to proceed with the trial of such other
charge or charge-sheet only; or
(iii)
convene a fresh Court to try the accused. (1)
Where two or more accused are charged
jointly, any one of the accused may, before pleading to the charge, apply to
the Court to be tried separately on the ground that he would be prejudiced in
his defence if he were not tried separately. (2)
Where the accused makes such an application,
the prosecutor may address the Court in answer thereto and the accused may
reply to the prosecutor*s address. (3)
Where the Court is of the opinion that the
interests of justice so require it shall allow the application and try
separately the accused who made it. (1)
Where a charge-sheet contains more than one
charge, the accused may, before pleading to the charges, apply to the court to
be tried separately on any charge in that charge-sheet on the ground that he
would be prejudiced in his defence if he were not tried separately on that
charge. (2)
Where the accused makes such an application,
the prosecutor may address the Court in the answer thereto and the accused may
reply to the prosecutor*s address. (3)
Where the Court is of the opinion that
interests of justice so require it shall allow the application and try the
accused separately on the charge to which it relates as if that charge had been
inserted in a separate charge-sheet. (1)
After any plea under Rules 72 and 74 and any
objection under Rule 73 and any applications under Rules 75 and 76 have been
dealt with, the accused shall be required subject to sub-rule (2) to plead
either guilty or not guilty to each charge on which he is arraigned. (2)
Where a Court is empowered by Section 93 to
find an accused guilty of an offence other than that charged or guilty of
committing the offence in circumstances involving a less degree of punishment
or where it could after hearing the evidence, make a special finding of guilty
subject to exceptions or variations in accordance with Rule 99 the accused may
plead guilty to such other offence or to the offence charged as having been
committed in circumstances involving a less degree of punishment or to the
offence charged subject to such exceptions or variations. (1)
Where an accused pleads guilty to a charge
under either sub-rule (1) or sub-rule (2) of Rule 77, the presiding officer or
Law Officer shall, before the Court decides to accept the plea, explain to the
accused the nature of the charge and the general effect of his plea and in
particular the difference in procedure when an accused pleads guilty and when
an accused pleads not guilty. (2)
A Court shall not accept a plea of guilty
under either sub-rule (1) or sub-rule (2) of Rule 77, if, (a)
the court is not satisfied that the accused
understands the nature of the charge or the effect of his plea; or (b)
the presiding officer having regard to all
the circumstances, considers that the accused should plead not guilty; or (c)
the accused is liable, if convicted, to be
sentenced to death; (3)
(a) In the case of a plea of guilty under
Rule 79, a Court shall not accept the plea unless the convening officer concurs
and it is satisfied of the justice of such course. (b) The concurrence of the
convening officer may be signified by the prosecutor. (4)
When a plea of guilty under either sub-rule
(1) or sub-rule (2) of Rule 77 is not accepted by the Court or the accused
either refuses to plead to the charge or does not plead to it intelligibly, the
Court shall record a plea of not guilty. (5)
When a Court is satisfied that it can
properly accept a plea of guilty under either sub-rule (1) or sub-rule (2) of
Rule 77, it shall record a finding of guilty in respect thereof. (1)
When an accused pleads guilty to the first of
two or more alternative charges, the Court, if it accepts the accused*s plea of
guilty, shall record a finding of guilty in respect of the first charge and the
prosecutor shall withdraw any alternative charge before the accused is
arraigned on it. (2)
When an accused pleads guilty to one of two
or more charges which are laid in the alternative other than the first of such
charges, the Court may: (a)
proceed as if the accused had pleaded not
guilty to all the charges; or (b)
(i) With concurrence of the convening officer
(which may be signified by the prosecutor) record a finding of guilty on the
charge to which the accused has pleaded guilty and a finding of not guilty on
any alternative charge which is placed before it in the chargesheet. (ii) Where the Court records
such finding the prosecutor shall before the accused is arraigned on it
withdraw any charge which is alternative to the charge of which the Court has
found the accused guilty and which is placed after it in the charge-sheet. (1)
After the Court has recorded a finding of
guilty, if there is no other charge in the same charge-sheet to which the
accused has pleaded not guilty and no other accused who has pleaded not guilty
to a charge in that charge-sheet, it shall proceed with the trial as directed
by Rule 81. (2)
Where there is another charge in the
charge-sheet to which the accused has pleaded not guilty or there is another
accused who has pleaded not guilty to a charge in that charge-sheet, the Court
shall not comply with Rule 81 until after it has dealt with such other charge
or tried such other accused and has announced and recorded its finding in
respect thereof. (1)
When the Court has recorded a finding of
guilty in respect of a charge to which an accused had pleaded guilty the
prosecutor shall read the record or abstract of evidence to the Court or inform
the Court of the facts contained therein: Provided that if an
expurgated copy of the record or abstract of evidence was sent to the presiding
officer, the prosecutor shall not read to the Court those parts of the record
or abstract of evidence which have been expurgated or inform the Court of the
facts contained in those parts, and shall not hand the original record or
abstract of evidence to the Court until the trial is concluded. (2) [69][*
* *]. (2)
After [70][sub-rule
(1) has] been complied with, the accused may, (a)
adduce evidence of character and in
mitigation of punishment; (b)
address the Court in mitigation of
punishment. (3)
After sub-rule (3) has complied with, the
court shall proceed as directed in Rule 101. (1)
An accused who has pleaded not guilty may at
any time before the Court closes to deliberate on its finding withdraw his plea
of not guilty and substitute a plea of guilty [including a plea of guilty under
rule (79)] and in such a case the Court shall, if it is satisfied that it can
accept the accused*s changed plea under these rules, record a finding in
accordance with the accused*s changed plea and so far as is necessary proceed
as directed by Rule 81. (2)
Where at any time during the trial it appears
to the Court that an accused who has pleaded guilty does not understand the
effect of his plea or the nature of the charge the Court shall enter a plea of
not guilty and proceed with the trial accordingly. (2) (3)
When the Court records a plea of not guilty
in respect of any charge under sub-rule (2) it shall, if there was a charge
laid in the alternative thereto which the prosecutor withdrew under Rule 79
reinstate such alternative charge, arraign the accused thereon and proceed with
the trial as if it had never been withdrawn. After a plea of not guilty
to any charge has been recorded:
(i)
the Court shall ask the accused whether he
wishes to apply for an adjournment on the ground that any of these rules
relating to procedure before trial have not been complied with and that he has
been prejudiced thereby or on the ground that he has not had sufficient
opportunity for preparing his defence;
(ii)
where the accused applies for an adjournment; (a)
the accused may adduce evidence in support of
his application and the prosecutor may adduce evidence in answer thereto; and (b)
the prosecutor may address the Court in
answer to the application and the accused may reply to the prosecutor*s
address.
(iii)
the Court may grant an adjournment if it
thinks the interests of just so require. (1)
The prosecutor may, if he so desires, and
shall, if required by the Court, make an opening address explaining the charge
and the nature and general effect of the evidence which he proposes to adduce. (2)
The witnesses for the prosecution shall then
be called and give their evidence. Where the prosecutor intends
to adduce evidence which is not contained in any record or abstract of evidence
given to the accused notice of such intention together with the particulars of
the evidence shall, when practicable, be given to the accused a reasonable time
before the evidence is adduced. If such evidence is adduced without such notice
or particulars having been given, the Court may, if the accused so desires
either adjourn after receiving the evidence or allow any cross-examination
arising out of that evidence to be postponed, and the Court shall inform the
accused of his right to apply for such an adjournment or postponement. The prosecutor shall not be
bound to call all the witnesses against the accused whose evidence is contained
in the record or abstract of evidence, nor a witness when he has notified the
accused that he intends to call under Rule 85, but if the prosecutor does not
intend to call such witness to give evidence, he shall either tender him for
cross-examination by the accused, or give the accused reasonable notice that he
does not intend to call the witness and that the accused will be allowed to
communicate with him and to call him as a witness for the defence, if he so
desires and if the witness is available. During a trial a witness
other than the prosecutor or accused shall not, except by leave of the Court,
be in court while not under examination, and if while he is under examination a
discussion arises as to whether a question is to be allowed or not with regard
to his evidence the Court may direct the witness to withdraw during such
discussion. (1)
A witness may be examined by the person
calling him and may be cross-examined by the opposite party to the proceedings
and on the conclusion of any such cross-examination may be re-examined by the
person who called him on matters arising out of the cross-examination. (2)
(a) The person examining a witness shall put
his questions to the witness orally and unless an objection is made by the
witness, the Court, the Law Officer, the prosecutor or by the accused, the
witness shall reply forthwith. (b) Where such an objection
is made, the witness shall not reply until the objection has been disposed of. (3)
The Court may allow the cross-examination or
re-examination of a witness to be postponed. (4)
Before the examination of a witness, he shall
be administered an oath or affirmation in the following form or in such other
form to the same purport as the Court ascertains to be in accordance with his
religion or otherwise binding on his conscience. FORM
OF OATH “I,…………………………..swear by
Almighty God that whatever I shall state, shall be the truth, the whole truth and
nothing but the truth”. FORM
OF AFFIRMATION “I,……………………………..do solemnly,
truly and sincerely declare and affirm that whatever I shall state, shall be
the truth, the whole truth and nothing but the truth.” (1)
The presiding officer, the Law Officer and
any member of the Court may put questions to a witness. (2)
Upon any such question being answered, the
prosecutor and the accused may put to the witness such questions arising from
the answer which he has given as seem proper to the Court. (1)
(a) The record which has been made of the
evidence given by a witness shall be read back to him before he leaves the
Court and when this is done he may ask for the record to be corrected or
explain the evidence which he has given. (b) Where any such
correction is made or explanation given, the prosecutor and the accused may put
such questions to the witness respecting the correction or explanation as seem
proper to the Court. (2)
When a short hand writer is employed it shall
not be necessary to comply with sub-rule (1), if, in the opinion of the court
and the Law Officer (if any) it is unnecessary to do so: Provided that if any witness
so demands, sub-rule (1) shall be complied with. (1)
(a) The Court may at any time before it
closes to deliberate on its finding or if there is a Law Officer before he
begins to sum up, call a witness or recall a witness, if in the opinion of the
Court it is in the interest of justice to do so. (b) Where the Court calls a
witness or recalls a witness under this rule, the prosecutor and the accused
may put such questions to the witness as seem proper to the Court. (2)
The prosecutor and the accused may, at any
time before the Court closes to deliberate on its finding or if there is a Law
Officer before he begins to sum up, recall a witness by leave of the Court and
the prosecutor and the accused may put such questions to the witness as seem
proper to the Court. (1)
(a) At the close of the case for the
prosecution the accused may submit to the Court in respect of any charge that
the prosecution has failed to establish a prima facie case for him to answer
and that he should not be called upon to make his defence to that charge. (b) Where the accused makes
such submission the prosecutor may address the Court in answer thereto and the
accused may reply to the prosecutor*s address. (2)
The Court shall not allow the submission unless
it is satisfied that (a)
the prosecution has not established a prima
facie case on the charge as laid; and (b)
it is not open to it on the evidence to make
a special finding under either Section 93 or sub-rule (4) of Rule 99. (3)
(a) Where the Court allows the submission,
it, shall find the accused not guilty of the charge to which it relates and
subject to confirmation the finding shall forthwith be announced in open Court. (b) Where the Court
disallows the submission it shall proceed with the trial of the offence as
charged. (4)
The Court may, of its own motion, after the
close of the hearing of the case for the prosecution, and after hearing the
prosecutor find the accused not guilty of the charge and subject to
confirmation the finding shall forthwith be announced in open Court. (1)
After the close of the case for the
prosecution, the presiding officer or the Law Officer (if any) shall explain to
the accused that, (a)
if he wishes, he may give evidence on oath as
a witness or make a statement without being sworn but that he is not obliged to
do either; (b)
if he gives evidence on oath, he shall be
liable to be cross-examined by the prosecutor and to be questioned by the
Court. (2)
For the purpose of enabling the accused to
explain any circumstances appearing in the evidence against him, the court may,
at any stage of the trial, without previously warning the accused, put such
questions to him as the Court considers necessary, and shall for the purpose
aforesaid, question him generally on the case after the witnesses for the
prosecution have been examined and before he is called on for his defence. (3)
The accused shall not render himself liable
to punishment by refusing to answer such questions, or by giving false answers
to them but the Court may draw such inference from such refusal or answers as
it thinks just. (4)
The answers given by the accused may be taken
into consideration in such trial and put in evidence for or against him in any
other inquiry into, or trial for, any other offence which such answers may tend
to show he has committed. (5)
If the accused intends to call a witness to
the facts of the case other than himself, he may make an opening address
outlining the case for the defence before the evidence for the defence is
given. (1)
After Rule 93 has been complied with the
witnesses for the defence (if any) shall be called to give their evidence. (2)
The provisions of Rules 88, 89 and 90 shall
apply to the witnesses for the defence as they apply to the evidence of
witnesses for the prosecution. After the witnesses for the
defence have given their evidence the prosecutor may by leave of the Court call
a witness or recall a witness to give evidence on any matter raised by the
accused in his defence which the prosecution could not properly have mentioned
to the Court before the accused disclosed his defence or which the prosecution
could not reasonably have foreseen. (1)
After all the evidence has been given the
prosecutor and the accused may each make a closing address to the Court. (2)
The accused shall be entitled to make his
closing address after the closing address by the prosecutor unless the accused
has called a witness to fact other than himself, in which case the prosecutor
shall be entitled, subject to sub-rules (3) and (4) to make his closing address
after the accused has made the closing address. (3)
Where two or more accused are tried jointly,
any one of them who has called no such witness shall be entitled to make his
closing address after the prosecutor has made the closing address. (4)
(a) Where two or more accused are represented
by same defending officer or counsel he may make one closing address only. (b) Where any one of the
accused for whom he appears has called no witness to facts other than himself
such defending officer or counsel shall be entitled to make his closing address
after the prosecutor has made the closing address. After the closing addresses,
if there is a Law Officer he shall sum up the evidence and advise the Court on
the law relating to the case in open court. (1)
The Court shall deliberate on its finding in
closed Court in the presence of Law Officer. (2)
The opinion of each member of the Court as to
the finding shall be given by word of mouth on each charge separately starting
with the junior most in rank. [71][(1)
The finding on every charge upon which the accused is arraigned shall be
recorded and, except as provided in these rules, shall be recorded as finding
of “Guilty” or of “Not Guilty”. After recording the finding on each charge, the
Court shall give brief reasons in support thereof. The Law Officer or, if there
is none, the Presiding Officer shall record or cause to be recorded such brief
reasons in the proceedings. The above record shall be signed and dated by the
Presiding Officer and the Law Officer, if any.] (2) Where the Court is of opinion as regards any
charge that the facts proved do not disclose the offence charge or any offence
of which he might under the Act legally be found guilty on the charge as laid,
the Court shall acquit the accused of that charge. (3) If the Court has doubts as regards any charge
whether the facts proved show the accused to be guilty on the charge as laid,
it may, before recording a finding on that charge, refer to the [72][“convening
authority”] for an opinion, setting out the facts which it finds to be proved
and may, if necessary, adjourn for that purpose. (4) Where the Court is of opinion as regards any
charge that the facts which it finds to be proved in evidence differ materially
from the facts alleged in the statement of particulars in the charge but are
nevertheless sufficient to prove the offence stated in the charge, and that the
difference is not so material as to have prejudiced the accused in his defence,
it may, instead of a finding of “Not Guilty” record a special finding. (5) The special finding may find the accused
guilty on a charge subject to the statement of exceptions or variations
specified therein. (6) Where there are alternative charges, and the
facts proved appear to the Court not to constitute the offence mentioned in any
of those alternative charges, the Court shall record a finding of “Not Guilty”
on that charge. (7) The Court shall not find the accused guilty on
more than one of two or more charges laid in the alternative, even if
conviction upon one charge necessarily connotes guilty upon the alternative
charge or charges. (8) If the Court thinks that the facts proved
constitute one of the offences stated in two or more of the alternative
charges, but doubts which of those offences the facts do at law constitute, it
may, before recording a finding on those charges, refer to the [73][convening
authority] for an opinion, setting out the facts which it finds to be proved
and stating that it doubts whether those facts constitute in law the offence
stated in such one or other of the charges and may, if necessary, adjourn for
that purpose. (9) The finding on each charge shall be announced
forthwith in open Court as subject to confirmation. If the finding on all the
charges is “Not Guilty” the presiding officer shall affix his signature and
date on the finding and such signature shall authenticate the whole of the
proceedings, and the proceedings upon being signed by the Law Officer (if any)
shall be at once transmitted for confirmation. (1)
If the finding on any charge is “guilty”,
then, for the guidance of the Court in determining its sentence, and of the
confirming authority in considering the sentence, the Court, before
deliberating on the sentence, shall, whenever possible, take evidence of and
record the general character, age, service, rank, any recognised acts of
gallantry or distinguished conduct of the accused, any previous convictions of
the accused either by Security Force Court or a criminal court, any previous
punishments awarded to him by an officer exercising authority under Section 53
or 55 as the case may be; the length of time he has been in arrest or in
confinement on any previous sentence, and any decoration, or reward, of which
he may be in possession or to which he is entitled. (2)
Evidence on the above matters may be given by
a witness verifying a statement which contains a summary of entries in the
service books respecting the accused and identifying the accused as the person
referred to in that summary. (3)
The accused may cross-examine any such
witness and may call witnesses to rebut such evidence; and if the accused so
requests, the service books or a duly certified copy of the material entries
therein, shall be produced and if the accused alleges that the summary is in
any respect not in accordance with the service books or such certified copy, as
the case may be, the Court shall compare the summary with those books or copy
and if it finds that it is not in accordance therewith, shall cause summary to
be corrected or the objection of the accused to be recorded. (4)
When all the evidence on the above matters
has been given, the accused may address the Court thereon and in mitigation of
punishment. The Court shall award a
single sentence in respect of all the offences of which the accused is found
guilty, and such sentence shall be deemed to be awarded in respect of which it
can be legally given and not to be awarded in respect of which it cannot be
legally given. (1)
Where the Court makes a recommendation to
mercy it shall give its reasons for its recommendation. (2)
The number of opinions by which the
recommendation to mercy mentioned in this rule, or any question relative
thereto, is adopted or rejected, may be entered in the proceedings. (1)
The sentence together with any recommendation
to mercy and the reasons for any such recommendation shall be announced
forthwith in open Court. The sentence will be announced as subject to
confirmation. (2)
Upon the Court awarding the sentence, the
presiding officer shall affix his signature and date the sentence and such
signatures shall authenticate the whole of the proceedings and the proceedings
upon being signed by the Law Officer (if any), shall at once be transmitted for
confirmation. (1)
(a) Where the finding is sent back for
revision under Section 113, the Court shall re-assemble in open Court, the
revision order shall be read and if the Court, is directed to take fresh
evidence such evidence shall be taken in open Court. (b) Where such fresh
evidence is recorded otherwise than at the instance of the accused, the accused
shall be given a further opportunity to lead evidence in respect of matters
brought out in such fresh evidence. (c) The prosecutor and the
accused shall be given a further opportunity to address the Court in respect of
the fresh evidence led. (d) The Law Officer may also
give a further summing up. (2)
Where the revision of finding does not
involve taking of fresh evidence, the accused shall be given an opportunity to
address the Court in respect of matter raised in the revision order. (3)
(a) The Court shall then deliberate on its
finding in closed Court and if the Court does not adhere to its former finding,
it shall revoke the finding and sentence and record a new finding and if such
new finding involves a sentence pass sentence afresh. (b) Where the original
finding was one of “Not Guilty”, the Court shall, before passing sentence
comply with Rules 101 and 102. (4)
(a) Where the sentence alone is sent back for
revision, the revision order shall be read in open Court and the accused given
an opportunity to address the Court in regard to matters referred to in the
revision order. (b) The Court shall then
reconsider its sentence in closed Court and if it does not adhere to the
sentence, revoke the sentence and pass sentence afresh. (5)
Where the sentence alone is sent for revision
the Court shall not revise the finding. (1)
When a confirming authority receives the
record of the proceedings of a Court, it shall record its decision thereon and
on any sentence and any order which the Court may have made under Section 105
on the record of the proceedings in the appropriate form set out in Appendix
VIII and such record of his decision shall form part of the record of the
proceedings. (2)
When a Court has accepted a plea of guilty
made under Rule 79 the confirming authority may confirm its finding notwithstanding
that the Court has accepted the plea without the concurrence of the convening
officer, if, in the opinion of the confirming authority it is in the interests
of justice to do so. (3)
(a) When a Court has rejected a plea to the
jurisdiction of the Court or a plea in bar of trial or has over-ruled an
objection to a charge it shall not be necessary for the confirming authority to
approve specifically the decision of the Court, but its approval shall be
implied from its confirming the finding on the charge to which the plea or
objection relates. (b) Where it disapproves the
decision of the Court to reject the plea or to over-rule the objection it shall
withhold confirmation of the finding on the charge to which the plea or
objection relates. (4)
A Confirming authority may state its reasons
for withholding confirmation in any case, but if it withholds confirmation
where a Court has rejected a plea to the jurisdiction or plea in bar of trial
or has over-ruled an objection to the charges because it disapproves this
decision of the Court, it shall when recording its decision under sub-rule (1)
state that it has withheld confirmation for this reason. (5)
Where the sentence of a Court is improperly
expressed the confirming authority may in confirming the sentence vary the form
thereof so that it shall be properly expressed. (6)
Whenever it appear that there is sufficient
evidence or a plea of guilty under either sub-rule (1) or sub-rule (2) of Rule
77 to justify the finding of the Court such finding and any lawful sentence consequent
thereon may be confirmed, and if confirmed shall be valid, notwithstanding any
deviation from these rules, if the accused has not been prejudiced by such
deviation. (7)
While confirming the finding the confirming
authority may either unconditionally or subject to conditions which the accused
accepts, reduce or remit a portion of the sentence or commute the punishment to
one given lower in the scale of punishments in Section 48. (8)
(a) When a confirming authority has confirmed
a finding and a sentence of a Court or has withheld confirmation thereof, it
shall send the record of the proceeding to the Commandant of the accused for
promulgation to the accused of the finding and sentence or the fact that
confirmation has been withheld as the case may be. (b) The fact of promulgation
shall be recorded on the record of the proceedings in the form set out in
Appendix IX. (c) Where confirmation has
been withheld because the confirming authority disapproves the Court*s decision
to reject a plea to the jurisdiction or a plea in bar of trial or to over-rule
an objection to the charge the accused shall be so informed. CHAPTER
X PROCEDURE OF SECURITY FORCE COURTS AND INCIDENTAL MATTERS The members of a Court shall
take their seats according to their rank. (1)
The presiding officer is responsible for the
trial being conducted in proper order, and in accordance with the Act, rules
made thereunder and in a manner befitting a court of justice. (2)
It is the duty of the presiding officer to
see that the accused has a fair trial, and that he does not suffer any
disadvantage in consequence of his position as a person under trial, or of his
ignorance, or of his incapacity to examine or cross-examine witnesses, or
otherwise. (1)
It is the duty of the prosecutor to assist
the Court in the administration of justice, to behave impartially, to bring the
whole of the transaction before the Court and not to take any unfair advantage
of, or suppress any evidence in favour of the accused. (2)
The prosecutor may not refer to any matter,
not relevant to the charge or charges, then before the Court, and it is the
duty of the Court to stop him from so doing and also to restrain any undue
violence of language or want of fairness or moderation on the part of the
prosecutor. (3)
The Court shall give reasonable facilities to
the accused, in making his defence; the accused must abstain from any remarks
contemptuous or disrespectful towards the Court, and from coarse and insulting
language towards others, but he may for the purpose of his defence impeach the
evidence and charge other persons with blame and even criminality, subject, if
he does so, to any liability which he may thereby incur. The Court may caution
the accused as to the irrelevance of his defence, but shall not, unless in
special cases stop his defence solely on ground of such irrelevance. (1)
A Court shall, where it is so directed by
these rules, and may in any other case on any deliberation amongst the members,
sit in closed Court. (2)
No person shall be present in closed Court
except the members of the Court, the Law Officer (if any) and any officers
under instruction. (3)
For the purpose of giving effect to the
foregoing provisions of this rule, a Court may either retire or cause the place
where it sits to be cleared of all other persons not entitled to be present. (4)
Except as hereinbefore mentioned all
proceedings, including the view of any place, shall be in open Court and in the
presence of the accused subject to sub-rule (5). (5)
The Court shall have the power to exclude
from the Court any witness who has yet to give evidence or any other person,
other than the accused, who interferes with its proceedings. (1)
When a Court is once assembled and the
accused has been arraigned, the Court shall continue the trial from day to day
in accordance with these rules unless it appears to the Court that an
adjournment is necessary for the ends of justice or that such continuance is
impracticable. (2)
(a) A Court may from time to time adjourn its
proceedings and meet at such place as may be convenient, and (b) Wherever necessary, visit
the scene of occurrence. (3)
The senior officer on the spot may also for
exigencies of service adjourn or prolong the adjournment of the Court. (4)
A Court in the absence of a Law Officer (if
one has been appointed for that Court) shall not proceed, and shall adjourn. (5)
If the time to which an adjournment is made
is not specified, the adjournment shall be until further orders from the proper
force authority; and, if the place to which an adjournment is made is not
specified, the adjournment shall be to the same place or to such other place as
may be specified in further orders from the proper force authority. Where, in consequence of
anything arising while the Court is sitting, the Court is unable by reason of
dissolution as specified in Section 71 or otherwise, to continue the trial, the
presiding officer or, in his absence the senior member present, shall
immediately report the facts to the convening authority. In case of the death of the
accused or of such illness of the accused as renders it impossible to continue
the trial, the Court shall ascertain the fact of the death or illness by
evidence and record the same and adjourn and transmit the proceedings to the convening
authority. In the case of the death,
retirement on challenge or unavoidable absence of the presiding officer, the
next senior officer shall take the place of the presiding officer and the trial
shall proceed if the Court is still composed of not less than the minimum
number of officers of which it is required by law to consist. (1)
A member of a Court who has been absent while
any part of the evidence on the trial of an accused person is taken, shall take
no further part in the trial by that Court of that person, but the Court will
not be affected unless it is reduced below the legal minimum. (2)
An officer shall not be added to a Court after
the accused has been arraigned. (1)
Every member of a Court must give his opinion
by word of mouth on every question which the Court has to decide, and must give
his opinion as to the sentence notwithstanding that he has given his opinion in
favour of acquittal. (2)
The opinions of the members of the Court
shall be taken in succession, beginning with the member lowest in rank. If any objection is raised
on any matter of Law, evidence, or procedure, by the prosecutor or by or on
behalf of the accused during the trial, the prosecutor or the accused or
counsel or the defending officer (as the case may be) shall have a right to
answer the same and the person raising the objection shall have a right to
reply. When any evidence is given
in a language which any of the officers composing the Court, the accused or the
Law Officer does not understand, it shall be translated into a language which
he understands. (1)
At a Court the Law Officer or, if there is
none, the presiding officer shall record or cause to be recorded all
transactions of the Court, and shall be responsible for the accuracy of the
record (in these rules referred to as the proceedings): and if the Law officer
is called as a witness by the accused, the presiding officer shall be
responsible for the accuracy of the record in the proceedings, of the evidence
of the Law Officer. (2)
The evidence shall be taken down in a
narrative form in as nearly as possible the words used, but in any case where
the prosecutor, the accused, the Law Officer, or the Court considers it
material, the question and answer shall be taken down verbatim. (2) (3)
Where an objection has been taken to any
question or to the admission of any evidence or to the procedure of the Court,
such objection shall if the prosecutor or accused so requests or the Court
thinks fit, be entered upon the proceedings together with the grounds of the
objection and the decision of the Court thereon. (4)
Where any address by, or on behalf of the
prosecutor or the accused, is not in writing, it shall not be necessary to
record the same in the proceedings further or otherwise than the Court thinks
proper, except that; (a)
the Court shall in every case make such
record of the defence, made by the accused as will enable the confirming
officer to judge of the reply made by, or on behalf of the accused to each
charge against him, and (b)
the Court shall also record any particular
matters in the address by or on behalf of, the prosecutor or the accused which
the prosecutor or the accused, as the case may be, may require. (5)
The Court shall not enter in the proceedings
any comment or anything not before the Court, or any report of any fact not
forming part of the trial, but if any such comment or report seems to the Court
necessary, the Court may forward it to the proper authority in a separate
document signed by the presiding officer. The proceedings shall be
deemed to be in the custody of the Law Officer (if any) or, if there is none,
of the presiding officer but may, with proper precaution for their safety, be
inspected by the members of the Court, the prosecutor and accused, at all
reasonable times before the Court is closed to consider the finding. The proceedings of a General
and Petty Security Force Court shall be sent by the person having the custody
thereof to the Chief Law Officer [74][or
Additional Chief Law Officer] for review, who shall then forward the same to
the confirming authority.][75] (1)
At any General or Petty Security Force Court
an accused person may be represented by a counsel or by any officer subject to
the Act who shall be called “the defending officer” or assisted by any person
whose services he may be able to procure and who shall be called “the friend of
the accused”. The defending officer shall
have the same rights and duties as appertain to a counsel under these rules and
shall be under the like obligations. (2)
The friend of the accused may advise the
accused on all points and suggest the questions to be put to the witnesses, but
he shall not examine or cross-examine the witnesses, or address the Court. (1)
An accused person intending to be represented
by a counsel shall give to his Commandant or to the convening officer the
earliest practicable notice of such intention, and, if no sufficient notice has
been given, the Court may, if it thinks fit, on the application of the
prosecutor, adjourn to enable him to obtain a counsel on behalf of the
prosecutor at the trial. (2)
Where the convening officer so directs,
counsel may appear along with the prosecutor, but in that case, unless the
notice referred to in sub-rule (1) has been given by the accused, notice of the
direction for counsel to appear shall be given to the accused at such time (not
in any case less than seven days) before the trial as would, in the opinion of
the Court, have enabled the accused to obtain counsel to assist him at the
trial. (3)
The counsel, who appears before a Court on
behalf of the prosecutor or accused, shall have the same rights as the
prosecutor or accused for whom he appears to call, and orally examine,
cross-examine, and re-examine witnesses, to put in any plea, and to inspect the
proceedings and shall have the right otherwise to act in the course of the
trial in place of the person on whose behalf he appears, and he shall comply
with these rules as if he were that person and in such a case that person shall
have no right himself to do any of the aforesaid matters except as regards the
statement allowed by sub-rule (2) of Rule 93 and sub-Rule (4) of Rule 101 or
except so far as the Court permits him so to do. (4)
When counsel appear on behalf of the
prosecutor; the prosecutor if called as witness, may be examined and
re-examined as any other witness. An Officer who is
disqualified for sitting on a Court, shall be disqualified for acting as a Law
Officer at that Court. If the Law Officer dies, or
from illness or from any cause whatever is unable to attend, the Court shall
adjourn and the presiding officer shall report the circumstances to the
convening officer; and a fit person may be appointed by that officer who shall
be sworn or affirmed and act as Law Officer for the residue of the trial, or
until the Law Officer returns. (1)
Where a Law Officer has been named to act on
the Court, he shall, (a)
give his opinion on any question of law
relating to the charge or trial whenever so required by the Court, the prosecutor
or the accused; (b)
inform the Court of any irregularity or other
infirmity in the proceedings; (c)
inform the convening officer and the Court of
any infirmity or defect in the charge or in the constitution of the Court; (d)
sum up the evidence and give his opinion on
any question of law, before the Court proceeds to deliberate upon its findings. It shall be the duty of the
Law Officer to ensure that the accused does not suffer any disadvantage in
consequence of his position as such, or because of ignorance or incapacity to
examine or cross-examine witnesses and for this purpose the Law Officer may,
with the permission of the Court, call witnesses and put questions to them
which appear to him to be necessary or desirable. (2)
In the discharge of his duties, the Law
Officer shall maintain an attitude of strict impartiality. (3)
Where any opinion has been given by the Law
Officer to the Court on any matter before it, it may be entered in the
proceedings, if the Law Officer or the Court desires it to be entered. (4)
The Law Officer shall represent the Chief Law
Officer at a Security Force Court. Where the Court finds either
that the accused, by reason of unsoundness of mind, is incapable of making his
defence, or that he committed the act alleged but was by reason of unsoundness
of mind incapable of knowing the nature of the act or that it was wrong or
contrary to law, the presiding officer or in the case of Summary Security Force
Court, the officer holding the trial, shall affix his signature and the date on
the finding which shall also be signed by the Law Officer (if any) and
thereupon the proceedings shall, at once, be transmitted to the confirming
authority or in the case of Summary Security Force Court to the Deputy
Inspector General empowered to Countersign them. The proceedings of every
Court shall, after promulgation, be forwarded, to the office of the Chief Law
Officer and be preserved there for not less than seven years, or until the sentence
awarded by the Court has expired, whichever is later. Every person tried by a
Security Force Court shall be entitled to obtain on demand, at any time after
the confirmation of the finding and sentence, when such confirmation is
required and before the proceedings are destroyed, from the Chief Law Officer a
copy thereof, including the proceedings upon revision, if any. Notwithstanding anything
contained in Rule 129 if the Central Government is satisfied for reasons to be
recorded that it is against the interests of the Security of the State or
friendly relations with foreign States to supply a copy of the proceedings or
any part thereof under the said rule, he shall not be furnished with such a
copy: Provided that if the Central
Government is satisfied that the person demanding the copy is desirous of
submitting a petition in accordance with the Act or instituting any action in a
court of law in relation to the finding or sentence, it shall permit inspection
of the proceedings by such a person or his legal advisor, if any, on the
following conditions, namely: (a)
the inspection shall be made at such times
and such places as the Central Government or any authority authorised by it may
direct; and (b)
the person allowed to inspect the proceedings
shall, before such inspection, furnish,
(i)
an undertaking, in writing, that he shall not
make copies of the proceedings or any part thereof and that the information or
documents contained in such proceedings shall not be used by him, for any
purpose whatsoever, other than for the purpose of submitting a petition in
accordance with the Act or instituting an action in a court of law in relation
to the said finding or sentence; and
(ii)
a certificate that he is aware that he may
render himself liable to prosecution under Sections 3 and 5 of the Indian
Official Secrets Act, 1923 (19 of 1923) if he commits any act specified in the
said sections in relation to the documents or information contained in the said
proceedings. (1)
If, before confirmation, the original
proceedings of a Court which require confirmation or any part thereof, are
lost, a copy thereof, if any, certified by the presiding officer or the Law
Officer at the Court may be accepted in lieu of the original. (2)
If there is no such copy, and sufficient
evidence of the charge, finding, sentence, and transactions of the Court can be
procured, that evidence may, with the assent of the accused, be accepted in
lieu of the original proceedings, or part which have been lost. (3)
In any case mentioned above in this rule the
finding and sentence may be confirmed, and shall be valid as if the original
proceedings or part thereof had not been lost. (4)
If the accused refuses the assent referred to
in sub-rule (2), he may be tried again, and the finding and sentence of the
previous Court of which the proceedings have been lost shall be void. (5)
If, after confirmation or in any case where
confirmation is not required, the original proceedings or any part thereof are
lost, and there is sufficient evidence of the charge, finding, sentence, and
transactions of the Court and of the confirmation (if required) of the finding
and sentence, that evidence shall be a valid and sufficient record of the trial
for all purposes. When a Court is of opinion
that there is ground for inquiring into any offence specified in Sections 37
and 38 and committed before it or brought to its notice in the course of its
proceedings, which would if done by a person subject to the Act, have
constituted such an offence, such Court may proceed as follows, that is to say: (a)
if the person who appears to have committed
the offence is subject to the Act, the Court may bring his conduct to the
notice of his Commandant; (b)
if the person who appears to have done the
act is amenable to military, naval or air force law the Court may bring his
conduct to the notice of the proper military, naval or air force authority, as
the case may be; (c)
in other cases the officer who summoned the
witness to appear or the presiding officer or Officer-holding the Court, as the
case may be, may forward a written complaint to the nearest Magistrate of the
first class having jurisdiction, and in the case of acts which would, if done
by a person subject to this Act have constituted an offence under clause (e) of
Section 37 or Section 38, the Court, after making any preliminary inquiry that
may be necessary may send the case to the nearest Magistrate of the first class
having jurisdiction for inquiry or trial in accordance with [76][“Sections
340 and 343 of the Code of Criminal Procedure, 1973 (2 of 1974)”]. CHAPTER
XI SUMMARY SECURITY FORCE COURTS The officer holding the
trial, hereinafter in this Chapter called the Court, shall record, or cause to
be recorded the transactions of every Summary Security Force Court. (1)
When any evidence is given in a language
which the Court or the accused does not understand, that evidence shall be
translated to the Court or accused as the case may be in a language which it or
he does understand. (2)
The Court shall for this purpose either
appoint an interpreter, or shall itself take the oath or affirmation prescribed
for the interpreter at a Summary Security Force Court. (3)
When documents are produced for the purpose
of formal proof, it shall be in the discretion of the Court to cause as much to
be interpreted as appears necessary. When the Court, the
interpreter (if any) and the officers and subordinate officers attending the
trial are assembled, the accused shall be brought before the Court and the oath
or affirmation prescribed in Rule 136 shall be taken by the persons therein
mentioned. (1)
The Court shall take oath or affirmation in
any one of the following forms or in such other form to the same purport which
would, according to the religion or otherwise be binding on the conscience of
the officer constituting the Court. FORM
OF OATH “I,… ………………………………………………swear
by Almighty God that I will duly administer justice, according to the Border
Security Force Act, 1968 without partiality, favour or affection”. FORM
OF AFFIRMATION “I,…………………………………………………do
solemnly, sincerely and truly declare and affirm that I will duly administer
justice, according to the Border Security Force Act, 1968 without partiality,
favour or affection.” (2)
The Court, or any other person empowered by
it in this behalf shall administer to the interpreter (if any) an oath or
affirmation in any of the following forms, or in such other form to the same
purport as the Court ascertains to be according to the religion or otherwise
binding on the conscience of the person who is to act as interpreter. FORM
OF OATH “I,…………………………………………..swear
by Almighty God that I will faithfully interpret
and translate, as I shall be required to do touching the matter before this
Court.” FORM
OF AFFIRMATION “I,…………………………………………do
solemnly, sincerely and truly declare and affirm that I will faithfully
interpret and translate, as I shall be required to do touching the matter
before this Court.” (3)
The witnesses shall, after the administration
of the oath and the affirmation, withdraw from the Court. (1)
A Summary Security Force Court may be sworn
or affirmed at the same time to try any number of accused persons then present
before it whether those persons are to be tried collectively or separately. (2)
In the case of several accused persons to be
tried separately, the Court, when sworn or affirmed shall proceed with one case
postponing the other cases and taking them afterwards in succession. (3)
Where several accused persons are tried
separately upon charges arising out of the same transaction, the Court may, if
it considers it to be desirable in the interests of justice, postpone consideration
of any sentence to be awarded to any one or more such accused persons until the
trials of all such accused persons have been completed. (1)
After the Court and interpreter (if any) are
sworn or affirmed as abovementioned, the accused shall be arraigned on the
charges against him. (2)
The charges on which the accused is arraigned
shall be read and, if necessary, translated to him, and explained and he shall
be required to plead separately to each charge. The accused, when required
to plead to any charge, may object to the charge on the ground that it does not
disclose an offence under the Act, or is not in accordance with these rules. (1)
At any time during the trial if it appears to
the Court that there is mistake in the name or description of the accused in
the charge-sheet, it shall amend the charge-sheet so as to correct that
mistake. (2)
If on the trial of a charge it appears to the
Court at any time before it has begun to examine the witnesses, that in the
interests of justice any addition to, omission from, or alteration in, the
change is required, it may amend such charge and may, after due notice to the
accused, and with the sanction of the officer empowered to convene a Petty
Security Force Court for the trial of the accused if the amended charge
requires such sanction, proceed with the trial on such amended charge. If a special plea to the
general jurisdiction of the Court, or a plea in bar of trial, is offered by the
accused, the procedure laid down in Chapter IX for disposing of such pleas
shall, so far as may be applicable be followed. (1)
The accused person*s plea of ‘Guilty’ or ‘Not
Guilty’ or if he refuses to plead or does not plead intelligibly either one or
the other, a plea of ‘Not Guilty’ shall be recorded on each charge. (2)
If an accused person pleads “Guilty”, that
plea shall be recorded as the finding of the Court; but before it is recorded,
the Court shall ascertain that the accused understands the nature of the charge
to which he has pleaded guilty and shall inform him of the general effect of
that plea, and in particular of the meaning of the charge to which he has
pleaded guilty, and of the difference in procedure which will be made by the
plea of guilty and shall advise him to withdraw that plea if it appears from
the record or abstract of evidence (if any) or otherwise that the accused ought
to plead not guilty: [77][Provided
that after recording plea of guilty, signature of the accused and friend of the
accused shall be obtained.] (3)
Where an accused person pleads guilty to the
first two or more charges laid in the alternative, the Court may after sub-rule
(2) has been complied with and before the accused is arraigned on the
alternative charge or charges, withdraw such alternative charge or charges as
follow the charge to which the accused has pleaded guilty without requiring the
accused to plead thereto, and a record to that effect shall be made in the
proceedings of the Court. (1)
Upon the record of the plea of “Guilty”, if
there are other charges in the same Charge-sheet to which the plea is “Not
Guilty”, the trial shall first proceed with respect to those other charges,
and, after the finding on those charges, shall proceed with the charges on
which a plea of “Guilty” has been entered; but if there are alternative
charges, the Court may either proceed with respect to all the charges as if the
accused had not pleaded “Guilty” to any charge or may, instead of trying him,
record a finding of “Guilty” upon any one of the alternative charges to which
he had pleaded “Guilty” and finding of “Not Guilty” upon all the other alternative
charges which precede such charge. (2)
(a) After the record of the plea of “Guilty”
on a charge (if trial does not proceed on any other charges) the Court shall
read the record or abstract of evidence and annex it to the proceedings, or if
there is no such record, or abstract shall take and record sufficient evidence
to enable it to determine the sentence, and the reviewing officer to know all
the circumstances connected with the offence. (b) The evidence shall be
taken in like manner as is directed by these rules in the case of a plea of
“Not Guilty”. (3)
The accused may, after such evidence has been
taken or as, the case may be, the record or abstract of evidence has been read,
address the Court with reference to the charge and in mitigation of punishment
and may call witnesses as to his character. (4)
(a) If from the statement of the accused, or
from the record of evidence, or otherwise, it appears to the Court that the
accused did not understand the effect of his plea of “Guilty”, the Court shall
alter the record and enter a plea of “Not Guilty” and proceed with the trial
accordingly. (b) Any alternative charges
withdrawn under sub-rule (1) shall be reinstated in the Charge-sheet and the
trial shall take place as if they had never been withdrawn. (5)
If a plea of “Guilty” is recorded on some
charges and the trial proceeds with respect to other charges in the same
charge-sheet, the proceedings under sub-rules (2) and (3) shall take place
after the findings on the other charges in the same charge-sheet are recorded. (6)
When the accused states anything in
mitigation of punishment which in the opinion of the Court requires to be
proved, and would, if proved, affect the amount of punishment, the Court may
permit the accused to call witness to prove the same. The accused may, if he
thinks fit at any time during the trial, withdraw his plea of “Not Guilty” and
plead “Guilty” and in such case the Court shall at once, subject to compliance
with sub-rule (2) of Rule 142 record a plea and finding of “Guilty” and shall,
so far as if necessary, proceed in manner directed by Rule 143. (1)
After the plea of “Not Guilty” to any charge,
is recorded the evidence for the prosecution will be taken. (2)
At the close of the evidence for the
prosecution the accused shall be asked if he has anything to say in his
defence, or may defer such address until he has called his witnesses. (3)
The accused may then call his witnesses,
including also witnesses to character. The Court may, if it thinks
it necessary in the interests of justice, call witnesses in reply to the
defence. The provisions of Rules 88,
89 and 90 shall so far as may be, apply to the evidence of witnesses at a
Summary Security Force Court as they apply to the evidence of witnesses at a
General or Petty Security Force Court. The Court shall after the
evidence for prosecution and defence has been heard, give its opinion as to
whether the accused is guilty or not guilty of the charge or charges. (1)
The finding on every charge upon which the
accused is arraigned shall be recorded and except as mentioned in these rules
shall be recorded simply as a finding of “Guilty” or of “Not Guilty”. (2)
When the Court is of opinion as regards any
charge that the facts proved do not disclose the offence charged or any offence
of which he might under the Act legally be found guilty on the charge as laid,
the Court shall find the accused “Not Guilty” of that charge. (3)
When the Court is of opinion as regards any
charge that the facts found to be proved in evidence differ materially from the
facts alleged in the statement of particulars in the charge, but are
nevertheless sufficient to prove the offence stated in the charge, and that the
difference is not so material as to have prejudiced the accused in his defence,
it may, instead of a finding of “Not Guilty” record a special finding. (4)
The special finding may find the accused
guilty on a charge subject to the statement of exceptions or variations
specified therein. (5)
The Court shall not find the accused guilty
on more than one of two or more charges laid in the alternative, even if
conviction upon one charge necessarily connotes guilt upon the alternative
charge or charges. Where the finding on each of
the charges in a charge-sheet is “Not Guilty”, the court shall affix its
signature and date the proceedings, the findings will be announced in open
Court, and the accused will be released if under arrest, in respect of these
charges. (1)
Where the finding on any charge is “Guilty”
the Court may record of its own knowledge, or take evidence of any record, the
general character, age, service, rank, and any recognised acts of gallantry, or
distinguished conduct of the accused, and previous convictions of the accused
either by a Security Force Court, or a Criminal Court, any previous punishment
awarded to him by an officer exercising authority under Section 53, the length
of time he has been in arrest or in confinement on any previous sentence, and
any decoration, or reward of which he may be in possession or to which he may
be entitled. (2)
Where the Court does not record the matters
mentioned in this rule of its own knowledge, evidence on these matters may be
taken in the manner directed in Rule 101 for similar evidence. The Court shall award one
sentence in respect of all the offences of which the accused is found guilty. The Court shall affix its
signature and the date to the sentence and such signature shall authenticate
the whole of the proceedings. (1)
When the charges at a trial by Summary
Security Force Court are contained in different charge-sheets, the accused
shall be tried on each charge-sheet separately up to and including the stage of
finding. (2)
The Court shall, thereafter, comply with
Rules 150 or 151 as the case may be. (1)
The officer holding the trial may clear the
Court to consider the evidence or to consult with the officers, and subordinate
officer, attending the trial. (2)
Subject to the provisions of sub-rule (1),
all the proceedings, including the view of any place, shall be in open Court,
and in the presence of the accused. (1)
A Court may, (a)
from time to time adjourn its proceedings and
meet at such place as may be convenient; and (b)
wherever necessary visit the scene of
occurrence. During a trial at a Summary
Security Force Court an accused may take the assistance of any person,
including a legal practitioner as he may consider necessary: Provided that such person
shall not examine or cross-examine witnesses or address the Court. Where a Summary Security
Force Court tries an offence which shall not ordinarily be tried without
reference to an authority mentioned in sub-section (2) of Section 74, an
explanatory memorandum shall be attached to the proceedings. The sentence of a Summary
Security Force Court shall be promulgated, in the manner usual in the service,
at the earliest opportunity after it has been pronounced and shall subject to
the provisions of the Act be carried out without delay after promulgation. The proceedings of a Summary
Security Force Court shall, immediately on promulgation be forwarded through
the Chief Law Officer, or a Law Officer to the Deputy Inspector General under
whom the accused may have been serving. (1)
Where the Deputy Inspector-General to whom
the proceedings of a Summary Security Force Court have been forwarded under
Rule 160, is satisfied that injustice has been done to the accused by reason of
any grave irregularity in the proceedings or otherwise, he may, (a)
set aside the proceedings of the Court; or (b)
reduce the sentence or commute the punishment
awarded to one lower in the scale of punishment given in [78][Section
48 and return it to the unit of the accused for promulgation]. (2)
Where no action under sub-rule (1) has been
taken he shall countersign the proceedings [79][*
* *]. (3)
The proceedings shall, after its promulgation
[80][under
sub-rule (1) or countersignature under sub-rule (2)] be forwarded to the Chief
Law Officer for custody. CHAPTER
XII EXECUTION OF SENTENCE (1)
A confirming authority or in the case of a
Summary Security Force Court, the Court, shall direct that the sentence of
imprisonment shall be undergone by confinement either in a civil prison or in
force custody. (2)
Such direction may be varied by any superior
officer. (1)
Warrants for committing a person to a civil
prison to undergo sentence of imprisonment or to get such person back into
force custody if so required or to order the release of such a person from
civil prison or any variation done by any superior officer shall be in such
form as may be appropriate to each case set out in Appendix ‘X’. (2)
Such Warrants shall be signed by the
Commandant of the accused or by a staff officer on behalf of a Deputy Inspector
General, Inspector General or the Director-General. (1)
Where a person is sentenced to death by
hanging, a warrant in the form set out in Appendix XI shall be sent by the
Director-General to the Superintendent of the Prison where facilities for
carrying out such a sentence exist, after the sentence has been confirmed by
the Central Government and the accused shall be committed to the same prison by
his Commandant on the appropriate warrant. (2)
Where an accused person is sentenced to death
by being shot, a warrant on the appropriate form set out in Appendix XI shall
be issued by the Director-General, to Deputy Inspector General under whom the
accused may be serving, after the sentence has been confirmed by the Central
Government, and the Deputy Inspector General shall arrange for the execution of
the sentence. Where any change is made in
the sentence of a person already committed to a civil prison, such change shall
be communicated to the Superintendent of the Prison to which such person has
been committed by the Commandant or such other person as is mentioned in Rule
163 on the form set out in Appendix XII. (1)
Sentence of dismissal shall take effect from
the date of promulgation of such sentence or from any subsequent date as may be
specified at the time of promulgation. (2)
A sentence of dismissal combined with imprisonment
to be undergone in a civil prison shall not take effect until such person has
been committed to a civil prison. CHAPTER
XIII PETITIONS (1)
A person subject to the Act who has been
tried by a Court shall be allowed to put in one petition before confirmation,
to the confirming authority and one petition after confirmation to any [81][authorities
specified in sub-section (2) of Section 117 or the Inspector General who shall
be the prescribed officer for the purpose of that section.] (2)
In the case of a Summary Force Court he shall
be allowed to put in one petition only to any of the officers mentioned in
Section 117. (1)
A petition, before confirmation, shall be
submitted, within one week of the conclusion of trial. (2)
A petition after confirmation shall be
submitted within 3 months of the date on which the sentence was promulgated: Provided that the time taken
by such person to obtain a copy of the proceedings shall be excluded in
calculating this period of 3 months. (1)
(a) A petition by a person who is still a
member of the force shall be submitted through his Commandant. (b) A petition by a person
who has ceased to be a member of the force shall be submitted to the Commandant
of the unit in which the trial was held. (2)
An officer to whom a petition is submitted or
to whom a petition has been forwarded shall forward it to the next superior
within a period of one week: Provided that an officer may
not forward a petition if he is competent to give the redress asked for and
decides to do so. (3)
An officer receiving a petition may send it
to the Chief Law Officer or a Law Officer for advice. CHAPTER
XIV COURTS OF INQUIRY A Court of Inquiry may
consist of one or more members. Persons not subject to the Act may be appointed
as members when the court is to investigate matters of a specialised nature,
and when officers subject to the Act with specialist qualifications are not
available to be members.][82] A Court of Inquiry may be
assembled by order of a Commandant or any officer or authority superior to the
Commandant. The order assembling the
Court of Inquiry shall state the composition of the court, the time and place
for its assembly and clearly state the matters which the court will
investigate. It will also provide for the administrative requirements of the
court. (1)
The proceedings of a Court of Inquiry shall
not be open to the public. Only such persons may attend the proceedings as are
permitted by the court to do so. (2)
The evidence of all witnesses shall be taken
on oath or affirmation. (3)
Evidence given by witnesses shall be recorded
in narrative form unless the court considers that any questions and answers may
be recorded as such. (4)
The court may take into consideration any
documents even though they are not formally proved. (5)
The court may ask witnesses any questions, in
any form, that they consider necessary to elicit the truth and may take into
consideration any evidence, whether the same is admissible under the Indian
Evidence Act, 1872 (1 of 1872) or not. (6)
No counsel, or legal practitioner shall be
permitted to appear before a Court of Inquiry. (7)
Provisions of Section 89 shall apply for
procuring the attendance of witnesses before the Court of Inquiry. (8)
Before giving an opinion against any person
subject to the Act, the court will afford that person the opportunity to know
all that has been stated against him, cross-examine any witnesses who have
given evidence against him, and make a statement and call witnesses in his
defence: [83][“Provided
that this provision shall not apply when such inquiry is ordered to enquire
into a case of absence from duty without due authority.”] (9)
The answers given by a witness to any
question asked before the court shall not be admissible against such a witness
on any charge at any subsequent occasion except a charge of giving false
evidence before such court. (1)
A Court of Inquiry may be held to investigate
into any disciplinary matter or any other matter of importance. (2)
In addition to a Court of Inquiry required to
be held under Section 62, a Court of Inquiry shall be held in the following
cases: (a)
(i) All unnatural deaths of persons subject
to the Act or of other persons within the force lines, an immediate report
shall be sent through the messenger to the officer-in-charge of the Police
Station within whose jurisdiction the place of such unnatural death is. (ii) In cases when such
report cannot, for any reason be delivered within a reasonable time, a Court of
Inquiry shall be held into such unnatural death. (iii) Immediately on receipt
of information of an unnatural death the Commandant or the senior most officer
of the Battalion present shall prepare a report on the perform a set out in
Appendix XIII. (b)
All injuries sustained by persons subject to
the Act which are likely to cause full or partial disability. The court shall
in such case determine whether such injuries were attributable to service or
not. (c)
All financial irregularities, losses, theft
and misappropriation of public or force property, where it is necessary to
obtain the order of a superior officer on such irregularities, loss, theft or
misappropriation. (d)
All losses of secret documents and any other
material of secret or above security classification. Such a Court of Inquiry
shall be ordered by an officer or authority superior to the unit Commandant
having the lost document or material on its charge. (e)
All damage to private persons or property in
respect of which there is likely to be a claim against the Government or the
force. The proceedings of a Court
of Inquiry shall be submitted by the presiding officer to the officer or
authority who ordered the court. Such officer or authority on receiving the
proceedings may either pass final orders on the proceedings himself, if he is
empowered to do so, or refer them to a superior authority. A person subject to the Act
against whom the Court of Inquiry has given an opinion or who is being tried by
a Security Force Court on a charge relating to matter investigated by the Court
of Inquiry, shall be entitled to copies of the proceedings of the Court of
Inquiry unless the Director-General orders otherwise. [84][CHAPTER XIV-A DISPLEASURE AND WARNING (1)
Displeasure or warning in the case of
officers, for good and sufficient reasons, may be imposed by the
Director-General: Provided that warning in
case of officers up to the rank of Deputy Inspector General for good and
sufficient reasons, may be imposed by an officer of the rank of Special
Director-General: Provided further that the
Special Director-General may, if he deems necessary, recommend the issuance of
warning by the Director-General. (2)
Displeasure or warning in the case of
subordinate officers, for good and sufficient reasons, may be imposed by an
officer of the rank of Inspector General and above. (3)
When the competent authority proposes to
impose displeasure or warning, as the case may be, the member of the force
shall be so informed and given an opportunity to show-cause against the
proposed action except when competent authority is satisfied that, for the
reasons to be recorded in writing, it is not expedient or reasonably
practicable to give opportunity of showing cause. (4)
If reply of the member of the force is
considered unsatisfactory by the competent authority, such authority may convey
his displeasure or warning. CHAPTER
XV MISCELLANCOUS The Commandant may, under
sub-section (2) of Section 11, dismiss or remove from the service any person
under his command other than a officer or a subordinate officer. The authority for the
purposes of sub-section (1) of Section 13 shall be:
(i)
Commandant, in respect of person under his
command;
(ii)
Deputy Inspector General, in respect of a
Commandant;
(iii)
Inspector General, in respect of a Deputy
Inspector General;
(iv)
Director-General, in respect of all persons
subject to the Act. (1)
If the Commandant is of and above the rank of
a Deputy Commandant he may award to the full extent one or more of the
punishments specified in Section 53. (2)
If the Commandant is below the rank of a
Deputy Commandant he may award punishment specified: (a)
in clauses (a) and (b) of Section 53 up to
fourteen days. (b)
in other clauses of Section 53 to the full
extent. The manner in which an
officer shall under sub-section (1) of Section 55 proceed against a person of
or below the rank of a subordinate officer who is charged with an offence under
the Act, be as, set out in Appendix XIV. (1)
All rules and orders relating to the matters
covered by these rules shall stand repealed in so far as they are inconsistent
with any of the provisions of these rules. (2)
Notwithstanding such repeal anything done or
any action taken under the provisions of the rules or orders so repealed shall,
in so far as such thing or action is not inconsistent with the provisions of
these rules, be deemed to have been done or taken under the provisons of these
rules as if the said provisons were in force when such thing was done or such
action was taken and shall continue in force accordingly until superseded by
anything done or any action taken under these rules. CHAPTER
XVI Any rule or order applicable
to the force on the date these rules come into force will unless repugnant to
these rules, continue to apply unless and until abrogated or modified by the
Central Government or any other competent authority. APPENDIX
I (Rule
13) (BORDER
SECURITY FORCE RECRUITING FORM) Blood Group……… …………..General
No…………Battalion… 1. Name…………………………. 2. Religion…………… 3. Caste/Tribe……………………...4.
Father*s Name………….. (In case of Scheduled Castes
and Tribes only). 5. Heir…………………. 6. Date of Birth by
Christian Era… (As nearly as can be
ascertained). 7. Height……………...Cms. 8.
Chest… ………………..Cms. 9. Identification Marks… 10. Residence, Village… ………………..Thana……….. District………………….
State………………….. 11. Character and
antecedents…verified by: 12. Occupation prior to
enlistment… 13. Educational
qualifications, if any… 14. Date of enrolment… 15. Enrolled as… Photograph Date of Photograph. FORM
OF ENROLMENT ENROLMENT
OF No…………………. …Name (In Block
Letters)… as a…………………………..in the
Border Security Force. PART
I (Questions to be put before Enrolment) You are warned that if after
enrolment, it is found that you have given a willfully false answer to any of
the first twelve of the following questions you will be liable to be punished
as provided in the Border Security Force Act, 1968. (ALL
THE ANSWERS ARE TO BE WRITTEN IN BLOCK LETTERS) Questions 1.
What is your Name? (Underline Surname) 2.
(a) What is your place of birth? State Village/Town, District
and State of Birth. (b) What is your date of
birth? (State in Christian Era) (N.B. :- To support the date
of birth the person being enrolled will be required to produce in original, together
with an attested copy, one of the certificates specified in Government orders
from time to time.) 3.
What is your permanent Home address? (a)
Village/Town (b)
Thana (c)
Pargannah/Tehsil (d)
District/Taluka (e)
State 4.
(a) What is your religion? (b) Are you a member of a
Scheduled Caste or Scheduled Tribe? If so State Caste or Tribe. 5.
(a) Are you a citizen of India? If so,
whether by birth or descent or registration or naturalization or otherwise? (b) Are you a subject of
Nepal or [85][Bhutan],
If so, state of which of the two? (c) If you are not a citizen
of India or a subject of Nepal or [86][Bhutan],
what is your Nationality? (N.B.:- In the case of
foreign nationals other than subjects of Nepal or [87][Bhutan],
consent of the Central Government signified in writing, if any, should be
produced before a person is enrolled.) (d) Have you migrated from
areas now in Pakistan? If so, State the date of your migration. 6.
What are your educational qualifications?
(Original Certificates, with one attested copy of each, are to be produced) 7.
Are you married?* If so State
(i)
Date of marriage (s).
(ii)
Name (s) of wife/wives.
(iii)
Nationality of wife/wives. *(This does not include
widower/divorced). 8.
(a) What is your father*s name and address?
If dead, state last address District and State. (b) What is or was the
nationality of your father? If he is or was an Indian citizen, state whether by
birth, descent, registration, naturalization or otherwise. 9.
Are you or have you ever been a member of a
party or organisation of a political, communal or cultural nature? If so, state
the name of the party or organisation with the period/periods of your
membership therein. 10.
(a) Are you in Government Service or have you
been a Government servant? If so, state full particulars and the reason for
discharge and confirm that you were never dismissed from any Government
service. (b) Are you in receipt of
any allowance from the Government? If so, on what account? 11.
(a) Do you now belong to any of the Armed
Forces of India, the Reserves of any of the three services, the Auxiliary Air
Force, the Territorial Army, any Police Force in India or the Nepal State Army
or any of the Forces of a Foreign Country? (b) Have you ever served in
any of the Armed Forces in India, the Reserves of any of the three Services,
the Auxiliary Air Force, the Territorial Army, or any Police Force in India or
Nepal State Army or any of the Forces of a Foreign Country? If so, state in
which and the cause of discharge. If you have served in more than one of the
above named forces, or if you have served the same force in two or more
distinct periods, state the cause of discharge separately in each case. (c) Do you desire your
former service in the Indian Armed Forces or any Police Force to count for the
purpose of calculation of Pay and/or Pension, if admissible? If so, do you
agree to recovery being effected of any gratuity you may have received for your
former services is not more than thirty six monthly installments from your pay
commencing from the date of this enrolment and undertake to refund to the
Government through such recoveries or otherwise the above gratuity in full
within thirty six months of the date of your present enrolment? 12.
Have you ever been arrested, prosecuted,
convicted, imprisoned, bound over, interned, externed or otherwise dealt with
under any law in force in India or outside? If so, state particulars. 13.
Are you willing to be inoculated or
re-inoculated and vaccinated or re-vaccinated? 14.
Are you willing to be enrolled as a combatant
in the Border Security Force? 15.
Are you willing to go wherever ordered by
land, sea or air and not to allow any caste or social usages to interfere with
the duties for which you are enrolled? 16.
Are you willing to serve in the Border
Security Force until discharged, in accordance with the conditions of service
as specified in Part II of this form of Enrolment, provided that the President
shall so long require your services? 17.
Do you have any objections to take the
following oath or to make the following affirmation at the time of your
attestation? FORM
OF OATH I,…………….. …do swear in the
name of God that I will bear true faith and allegiance to the Constitution of
India as by law established and that I will, as in duty bound, honestly and
faithfully serve in the Border Security Force, and go wherever ordered, by air,
land or sea and that I will observe and obey all commands of the President of
the Union of India and the commands of any officer set over me even to the
peril of my life. FORM
OF AFFIRMATION I,… ……………………………………………,do
solemnly, sincerely and truly declare and affirm that I will bear true faith
and allegiance to the Constitution of India as by law established and that I
will, as in duty bound, honestly and faithfully serve in the Border Security
Force and go wherever ordered by air, land or sea and that I will observe and
obey all commands of the President of the Union of India and the commands of
any officer set over me even to the peril of my life. CERTIFICATE I,……………………………………………………………...,do
solemnly declare that the answers furnished by me above are true. Place… (_____________________________________)* Date………………………………………………..
Signature of Person Enrolled. Left Thumb impression of the
person enrolled taken in the presence of the enrolling officer. _________________________
Signature _________________________
Name of Witness _________________________
Address (* Name in Block Letters) PART
II CONDITIONS OF SERVICE [88][1.
On enrolment, you shall be subject to the Border Security Force Act, 1968 and
the Rules made thereunder. 2. You are liable to be discharged during the [89][first
two years] of the service if you are not likely to become an efficient member
of the force. 3. You will also be liable to be discharged if
the Central Government decides to disband the force or a portion of it.] Certificate by the Person to
be Enrolled I have understood the above
conditions and agree to abide by them. Place……………………………………..
(____________________________) Date…………………………………..
Signature of the person enrolled. The above conditions have
been read/explained to the person being enrolled by me. Place…………………………. ( ) Date…………………………………………..
Signature of the Enrolling Officer PART
III HEALTH CERTIFICATE I do hereby certify that I
have examined………………………. candidate for employment in the Border Security Force.
He fulfills medical standards laid down for the Border Security Force and I
cannot discover that he has any disease, constitutional affliction or bodily
infirmity. His age according to his own
statement is…………………………years and by appearance…………………….years. Height………………………………………………………Cms. Chest (a) Maximum……………………
Cms. (b) Minimum……………………………….Cms. Place…( ) Date…Signature of the
Medical Officer Designation APPENDIX
II (Rule
39) FORM
OF DELAY REPORT Confidential No… Unit address… Date… To… Subject (1st), (2nd), (3rd), (4th), etc., Eight day
delay report Pursuant to the BSF Act Section 59 and Rule 39. 1.
No… ……………….Rank… ……………..Name……….. 2.
Offence… 3.
Date of offence… 4.
Date of offence was discovered… 5.
Date of (open/close) arrest… 6.
Date of release to open arrest/release
without Prejudice to rearrest (if… Not released, reasons)… 7.
Record of evidence made on… (If not recorded, reasons)… 8.
Application for trial made on… 9.
Date due to be tried… 10.
Reason for delay… (Commandant) Copy to: (1)
Inspector General (in the case of the (8th)
and subsequent reports). (2)
Director-General (Special report in case the
accused is under close arrest for more than 3 months without a trial). APPENDIX
III (Rule
40(2) Sl. No. Date Name of the
Accused Name of the officer of Subordinate Offrs to whom request or
representation made. Particulars of the request or representation Orders of the
Commandant Sig. and date of the officer or Subordinate offrs who conveys the
orders of the Commandant to the accused. Remarks (1) (2) (3)
(4) (5) (6) (7) (8) APPENDIX
IV (Rule
43) Form for use at summary
proceedings of under officers and other enrolled persons under Section 53 of
the Border Security Force Act. OFFENCE
REPORT Company
____________________________ Serial No. ____________________________ For week ending
___________________________ Last report submitted
on____________________________ Charges against No.……………………… Rank …………………… Name …………………… Place and date of offence Offences
Plea Name of witnesses Punishment Awarded Sign mark and designation of officer
by whom awarded and date of award Date of entry in conduct sheet Remarks (1)(2)(3)(4)(5)(6)(7)(8) Signature of Commandant of
the Battalion Instructions Col. 1 In cases of absence
without leave/desertion, the “date of offence” will be the first day of
absence. Col. 2. The section and
sub-section of the BSF Act under which the charge is preferred will be inserted
above the statement of offence. Col. 4. An officer cannot
deal summarily with a case in which he is the sole prosecution witness. Col. 5. Must be completed
strictly in accordance with the heading. Note: This will be prepared
in duplicate. A copy along with a precis of evidence where made shall be sent
to the Deputy Inspector General. APPENDIX
V (Rule
52) FORM
OF APPLICATION FOR A SECURITY FORCE COURT Battalion/Unit Station
Date…………20…… Application for a Security
Force Court Sir, I have the honour to submit
charge(s) against No… ………………Rank… ……..
…Name……………………….of the……………………………….Unit under my command, and request you to
accord/obtain sanction, of………………………………., that a Security Force Court may be
assembled for his trial at… The case was investigated by
(a)… A Court of Inquiry was held on
(b)……………………….date…at… ………………….(Station). Presiding Officer…
………………………..Rank, Name and Unit. ..Members The accused is now
at…………………… His general character is……………………(c) I enclose the following
documents (d). 1.
Charge-sheet (… …………………………………copies) (e). 2.
Record or abstract of evidence original (f)
and 5 copies. 3.
Original exhibits (g). 4.
Correspondence (g). 5.
Statement as to character ( ) and the conduct
sheet of the accused (g). 6.
List of witnesses for the prosecution and
defence (with their present addresses) (g). 7.
List of Exhibits (h). 8.
Statement by accused as to whether or not he
desires to have an officer assigned by the convening officer to represent him
at the trial (Rule 63) (h). Signature
of Commandant (a)
Here insert name of…
(i)
Officer who investigated the charges.
(ii)
Company/equivalent Commander who made
preliminary hearing into the case (Rule 45).
(iii)
Officer who made the record of evidence (Rule
48). (b)
To be filled in if there has been a Court of
Inquiry respecting any matters connected with the charges; otherwise to be
struck out [Rule 60(iii)]. (c)
To be filled in by the Commandant. (d)
Any items not applicable to be struck out. (e)
One copy each to Presiding Officer, Law
Officer (if any), members, Prosecutor and the accused. (f)
Original Record or abstract of Evidence to be
sent to Presiding Officer. (g)
3, 4, 5 and 6 to be returned to the
Commandant of the unit of the accused with the notice of trial. (h)
7 & 8 to be sent to the Presiding
Officer. APPENDIX
VI [Rule
53(2)] Charge-sheet The accused,
No………………………………………………………….(if applicable) Rank… ………………….. Name… Battalion/Unit… ……………………,is
charged with: DISOBEYING
THE LAWFUL COMMAND OF HIS SUPERIOR OFFICER BSF
Act Section 21(2) in that he,
at… ………………………………….on… ………………………, disobeyed the lawful command of his superior
officer, Rank… Name………………………………………………….of
the same Battalion, to turn out for Commandant*s parade, by not turning out. Place…A.B. Date…Commandant… …Bn BSF [90](To
be tried by a General/Petty Security Force Court) Place… Date…X.Y. Inspector General/Dy.
Inspector General (or Staff Officer to IG/DIG) Frontier APPENDIX
VII (Rule
62) Forms as to Security Force
Court Forms for Assembly of Security Force Court GENERAL
AND PETTY Form of order for the
Assembly of a General (or Petty) Security Force Court under the Border Security
Force Act, 1968. Orders by… (Place………………………………date……………………….) No. …………The details of
officers as mentioned below will assemble at… Rank…………… on the… … day of…
for purpose of trying by a… Name………………… Security Force
Court, the accused person (persons) named in the margin (and such other Unit………………… person or
persons as may be brought before them).[91] The senior Officer to sit as
Presiding Officer MEMBERS WAITING
MEMBERS LAW
OFFICER …is appointed Law Officer. INTERPRETER …is appointed Interpreter. PROSECUTOR …is appointed Prosecutor. The proceedings (of which
only two copies are required) will be forward
to………………………………………………… .Signed this ………………………..day
of……………………………. Convening Officer *Any opinion of the
Convening Officer with respect to the composition of the Court (See Rule 61)
should be added here, thus: “In the opinion of the
convening officer it is not practicable to appoint officers of different
battalions/units”. “In the opinion of the
convening officer, officers of equal or superior rank to the accused are not
available, having due regard to the public service.” *(Add here any order
regarding counsel. (See Rule 62(g)). APPENDIX
VIII (Rule
106) In exercise of the powers
conferred on me by Section 105 of the Border Security Force Act, 1968,
I…………………… hereby order that……………….. …be delivered/paid to………………… …(be
confiscated/destroyed). Date…Signature Place…(Confirming Authority) APPENDIX
IX [Rule
106(8)] The finding and sentence of
the General/Petty Security Force Court held at… ..(Place)……………………… from………. day to……………………… day for the
trial of the accused.. ……………………… were promulgated to the accused by me
at…………………….…………………….…………………… (Place) on……………………………………………… day of……………………… 20…… [92][Extracts
for battalion records have been taken/No record has been kept of the finding
and sentence. Date…Signature Place…(Commandant) APPENDIX
X (Rule
163) Warrants Under Section 121
and 125 of the Border Security Force Act 1968 FORM
‘A’ Warrant of commitment for
use when a prisoner is sentenced to imprisonment for life (Section 121) To The Superintendent of the
(a)… ……………………Prison. Whereas at a General
Security Force Court, held at………………………… on the…………………
day of……………, 20 …… (No. ………… Rank………… Name……………………… Unit……………………) was convicted
of (the offence to be briefly stated here, as “desertion on active duty”,
“correspondence with the enemy”, or “as the case may be”). And whereas the said General
Security Force Court on the.. ……………………...day of… ………………………20, passed the
following sentence upon the said (Name………………………….) that is to say… (Sentence to be entered in
full, but without signature). And whereas the said
sentence had been duly confirmed by (b) as required by law (c). This is to require and
authorise you to receive the said (Name…………………………………………) into your custody in
the said prison as by law is required, together with this warrant, until he
shall be delivered over by you with the said warrant to the proper authority
and custody for the purpose of undergoing the aforesaid sentence of
imprisonment. The aforesaid sentence has effected from the (d). Given under my hand at………
this the……… day of……… 20…… Signature (S) (a)
Enter name of civil prison. (b)
Name and description of confirming authority. (c)
Add if necessary “with a remission of
………………………” (d)
Enter date on which the original sentence was
signed. (e)
Signature of Commandant of the prisoner or
other prescribed officer. FORM
“B” Warrant of commitment for
use when a prisoner is sentenced to imprisonment which is to be undergone in a
civil prison (BSF Act Section 121) To The Superintendent of the (a) ………………………Prison. Whereas at a (b)…………………
Security Force Court held at …………………… on the …………………… day of……………, 20……………,
(No. …………… Rank.. ………………… Name…………………………………… Unit………………………) was duly convicted
of (the offence to be briefly stated here, as ‘desertion’, ‘theft’, ‘receiving
stolen goods’, ‘fraud’, ‘disobedience of lawful command’ or as the case may
be). And whereas the said (b)…
……………………………………………Security Force Court on the …………………… day of………………………, 20.
……………………, passed the following sentence upon the said (Name……………………) that is to
say… (Sentence to be entered in
full, but without signature). And whereas the said
sentence… (c) has been duly confirmed
by (d) as required by law (e) is by law valid without confirmation. This is to require and
authorise you to receive the said (Name…………………………………………………………………………………………)
into your custody together with the warrant and there carry the aforesaid
sentence of imprisonment into execution according to law. The sentence has
effect from the (f)……… Given under my hand
at…………………… this the… day of ……………………………………………
20…… Signature (g) (a)
Enter name of civil prison. (b)
General, Petty or Summary. (c)
Strike out inapplicable words. (d)
Name and description of confirming authority. (e)
Add if necessary ‘with a remission of…………’. (f)
Enter date on which the original sentence was
signed. (g)
Signature of Commandant of prisoner or other
prescribed officer. FORM
‘C’ Warrant for use when a
sentence of imprisonment for life is reduced by superior authority to one of a
shorter period. (Section 125) To The Superintendent of the (a) ………………………Prison. Whereas (No. …………… Rank……………
Name…………………………… (Late) of the………… unit is confined in the (a)…………… prison under
a warrant issued by (b) in pursuance of a sentence of (c)…………………… passed upon
him by a (d)……………… Security Force Court held at…………… on……………… And whereas
(e)……………… has, in the exercise of the power conferred upon him by the Border
Security Force Act, passed the following order regarding the aforesaid
sentence: that is to say: (f)… This is to require and
authorise you to keep the said (name)… …………………… in your custody together with
this warrant in the said prison as by law is required until he shall be delivered
over by you with the said warrant to the proper authority and custody, for the
purpose of his undergoing the punishment of imprisonment for life under the
said order. And this is further to require and authorise you to return to me
the original warrant of commitment in lieu where of this warrant is issued. *The period of such
imprisonment will reckon from the (g) Given under my hand at… ………………… this
the…………………… day of…………………………… 20…… Signature (h) (a)
Enter name of civil prison. (b)
Enter name or designation of officer who
singed original warrant. (c)
Enter original sentence (if this was reduced
by the confirming officer or other superior authority the sentence should be
entered thus: “Life Imprisonment reduced
by confirming officer to 10 years”.) (d)
General. (e)
Name and designation of authority varying the
sentence. (f)
Order to be sent out in full. (g)
Enter date on which original sentence was
signed. (h)
Signature of prescribed officer. FORM
‘D’ Warrant for use when
prisoner is to be delivered into force custody To The Superintendent of the (a).
………………………..Prison. Whereas (No. …………………… Rank
Name…………………………) (Late) of the… …………………………………………… unit is confined in the
(a)…………………… prison under a warrant issued by (b)… in pursuance of sentence of
(c)… ………………………………………… passed upon him by a (d)………………………Security Force Court held at… …………………… on…
……………………. …,and whereas (e)……………………. ………………………. …
has, in exercise of the powers conferred upon him by the Border Security Force
Act passed the following order regarding the aforesaid sentence; that is to say
(f) … This is to require and
authorise you to deliver forthwith the said (name) in your custody to the
officer or subordinate officer bringing this warrant. Given under my hand at………………
this the……………… day of……………… 20………… Signature (g) (a)
Enter name of civil prison. (b)
Enter name or designation of officer who
signed original warrant. (c)
Enter original sentence (if this was reduced
by the confirming officer or other superior authority the sentence should be
entered thus: “2 years rigorous imprisonment
reduced by confirming officer to 1 year”. (d)
General, Petty or Summary. (e)
Name and designation of authority issuing the
order. (f)
Order to be set out in full. (g)
Signature of prescribed officer. APPENDIX
XI [Rule
164(1)] FORM
‘A’ Warrant committing to civil prison
custody a person sentenced to death To, The Superintendent of the (a)…………………… Prison. Whereas a (b)…………………Security
Force Court held at. ………… on the…………… day of………… 20… …, (No. ……………
Rank………………….Name… ……………………) of the …………… unit was convicted of…(Offence to be
briefly stated): And whereas the said (b)
………………………………………………Security Force Court on the………………………… day of………………………… 20,
passed sentence of death by being
hanged, on the said (NAME): and the said sentence of
death has been confirmed by the Central Government. This is to require and
authorise you to receive the said (Name) ….……………………..into your custody and to
carry out the sentence of death on… Given under my hand
at…..this the… …………………….. day
of………………………. 20………………………. Signature (c) (a)
Enter name of civil prison. (b)
General. (c)
Signature of the Director-General. [Rule
164(2)] FORM
‘B’ Warrant to obtain person
sentenced to death from civil custody in order to carry out such sentence To The Superintendent of the (a).. ……………………...Prison. Whereas No……………………… Rank………………………
Name…………………… (late) of the………………………… unit having been sentenced to suffer death
on the……………………… day of… …………………… 20, by a (b)…………………………………………… Security Force
Court held at… ……………………… is held in the said prison under a warrant by (c) And whereas, the said
sentences having been duly confirmed by (d)…………………… as by Law required an order
to carryout the said sentence has been issued to me (e) …………………… (Name &
Rank)…………………… This is to require and
authorise you to deliver forthwith the said (Name)……………………… to the
Officer/Subordinate Officer/Under Officer bringing this warrant. Given under my hand at…
………………………this…………………… day of… …………………… 20…………………… Signature (f) (a)
Enter name of civil prison. (b)
General. (c)
Enter name or designation of officer who
signed original warrant. (d)
Name and description of confirming authority. (e)
Name and designation of the officer to whom
the order is issued. (f)
Signature of the officer by whom the order is
issued. FORM
‘C’ Warrant to carry out
sentence of death To The Deputy Inspector-General,… Whereas a (a)………………………
Security Force Court held at……………………… on the……………………… day of………………………, 20………………
(No……………………… Rank……………………… Name…………………………) of the……………………… Battalion/Unit was
convicted of…………………………………………… (Offence to be briefly stated). And whereas the said
(a)………………………………………… Security Force Court on the………………………… day of………………………, 20,
passed sentence of death by being shot on the said (Name)……………………… and the
sentence of death has been confirmed by the Central Government. This is to require and
authorise you to carryout the sentence of death on…………………… Given under my hand at…
…………………………………………… this the… …………………… day of 20………… Signature (b) (a)
General. (b)
Signature of the Director-General. APPENDIX
XII (Rule
165) FORM
‘A’ Warrant for use when the sentence
of a person under sentence of death and committed to custody in a civil prison
is commuted to a sentence of imprisonment for life To The Superintendent of the
(a)…………………………Prison. Whereas (No. ……………………
Rank………………………… Name ……………………….) (late) of the……………………… Unit is held in the
(a)……………………… Prison under a warrant issued by (b)…………………… in pursuance of a
sentence of death passed upon him by (c)……………………….Security Force Court held at
…………………… on……………………… and whereas (d) …………………… has, in exercise of the powers
conferred upon him by the Border Security Force Act, passed the following order
regarding the aforesaid sentence: that is to say (e)… This is to require and
authorise you to keep the said (Name………………………) in your custody together with
this warrant in the said prison as by law is required until he shall be
delivered over by you with the said warrant to the proper authority and custody
for the purpose of his undergoing the punishment of imprisonment for life,
under the said order. And this is further to require and authorise you to
return to me the original warrant of commitment in lieu where of this warrant
is issued. This period of such imprisonment for life will reckon from the
(f)……………………… Given under my hand
at………………………………… this the……………………………… day of……………………… 20…………………… Signature (g) (a)
Enter name of civil prison. (b)
Enter name or designation of the officer who
signed original warrant. (c)
General. (d)
Name and designation of authority commuting
the sentence. (e)
Order to be set out in full. (f)
Enter date on which original sentence was
signed. (g)
Signature of Commandant. FORM
‘B’ Warrant for use when the
sentence of a person under sentence of death and committed to custody in a
civil prison is commuted to a sentence of imprisonment to be served in the same
prison To The Superintendent of the
(a)….Prison. Whereas (No……Rank…..Name…
(late) of the……Unit is held in the (a) Prison under a warrant issued by (b)….in
pursuance of a sentence of death passed upon him by a (c)……Security Force Court
held at… on….. and whereas (d)….has in exercise of the powers conferred upon
him by the Border Security Force Act, passed the following order regarding the
aforesaid sentence, that is to say :- (e)… This is to require and
authorise you to keep the said (Name)………………………..in your custody together with
this warrant, and there to carry into execution the punishment of imprisonment
under the said order according to law. And this is further to
require and authorise you to return to me the original warrant of commitment in
lieu whereof this warrant is issued. This period of such imprisonment will
reckon from the (f)… Given under my hand at….this
the…..day of…20… Signature (g) (a)
Enter name of civil prison. (b)
Enter name or designation of officer who
signed original warrant. (c)
General. (d)
Name and designation of authority commuting
the sentence. (e)
Order to be set out in full. (f)
Enter date on which original sentence was
signed. (g)
Signature of Commandant. FORM
‘C’ Warrant for use when a
person who, after having been sentenced to death has been committed to custody
in a civil prison is to be delivered into force custody for a purpose other
than carrying out the sentence of death To The Superintendent of the
(a)……Prison. Whereas (No….Rank….Name……) (late) of the…..Unit is held in the
(a)……Prison under a warrant issued by (b)…..in pursuance to a sentence of death
passed upon him by a (c)……Security Force Court held at……on……and whereas (d)….has in exercise of
powers conferred upon by the Border Security Force Act passed the following
order regarding the aforesaid sentence; that is to say (e)… This is to require and
authorise you to forthwith deliver the said (name)……to the officer/subordinate
officer or under officer bringing this warrant. Given under my hand
at…..this the….day of….20… Signature (f) (a)
Enter name of civil prison. (b)
Enter name or designation of officer who
signed original warrant. (c)
General. (d)
Name and designation of authority issuing
order. (e)
Order to be set out in full. (f)
Signature of Commandant. FORM
‘D’ Warrant for used when a
prisoner is pardoned or his trial set aside, or when the whole sentence or the
unexpired portion thereof is remitted (Section 125) To The Superintendent of the
(a)….Prison. Whereas (No… Rank… Name……) of the… Unit is confined in the
(a)….Prison under a warrant issued by (b)…..in pursuance of a sentence of
(c)…..passed upon him by a (d)…. Security Force Court held at….on….and whereas
(e)….has, in exercise of the powers conferred upon him by the Border Security
Force Act, passed the following order regarding the aforesaid sentence, that is
to say (f)… This is to require and
authorise you to forthwith discharge the said (Name)….from your custody unless
he is liable to be detained for some other cause, and for your so discharging
him this shall be your sufficient warrant. Given under my hand at……this
the……day of….20… Signature (g) (a)
Enter name of civil prison. (b)
Enter name or designation of officer who
signed original warrant. (c)
Enter original sentence (if this was reduced
by the confirming officer or other superior authority the sentence should be
entered thus : (2 years rigorous imprisonment reduced by confirming officer to
1 year). (d)
General, petty and (or) Summary. (e)
Name and designation of authority pardoning
prisoner, mitigating sentence or setting aside trial. (f)
Order to be set aside in full. (g)
Signature of prescribed officer. APPENDIX
XIII (Rule
174(1)(a)(iii)) Report on Unnatural Death 1.
Place of death, or the place where dead body
was found (give details). 2.
Date and time at which information of death
was received. 3.
Name and description of two or more persons
who identify the dead body. 4.
Name and particulars of the deceased and his
status. 5.
Condition of clothes worn by the deceased. Note: In case, examination
by Doctor is awaited, above details should be collected without removing the
clothes etc. of the deceased, the other details should be completed after the
Doctor*s examination. 6.
Condition of limbs, eyes and mouth. 7.
Expression of face. 8.
Marks of struggle on the dead body if any,
injuries and abrasions, should be recorded showing their size and location. Note: Depth of injury should
be recorded but injuries should not be touched. If examination by Doctor is
awaited the above information should be recorded after his examination. 9.
Whether blood is fluid or coagulated. The
place from which it came out and its quantity. 10.
By which means, weapon or instrument, the
injury or marks of struggle appear to have been caused. 11.
Was any rope tied around the neck or is there
any mark of it being tied by anything. 12.
Was the rope or any other thing used to strangle
or hang dead body, was, it strong enough to sustain the weight and whether its
other end was tied to anything. 13.
Was any external article like grass, etc.
sticking to hairs or held in his hand or sticking to any other part of the
body. 14.
Is the dead body that of a strong and well
built man or is it that of a weak or old man. 15.
Is the dead body strong or weak or is it in
decomposed state. 16.
Length of the dead body from head to feet. 17.
Identification marks and location and
appearance of the wounds. 18.
Apparent cause of death. 19.
Is there any rumour or other circumstances
showing that it is a case of suicide. Details of articles found on
the dead body or lying near it. 20.
Those found on the dead body (A slip will be
affixed on each article which will be stamped). 21.
Those found lying near the dead body (a slip
duly stamped will be affixed on each article). Description of the seal 22.
Map of the place where the dead body was
found. Brief history of the case.
Signature of two or more respectable witnesses of the locality in whose
presence investigation was carried out. Place… Signature of the officer Date…Investigating the case Name… Rank… APPENDIX
XIV (Rule
180) PART
I FORM
I Form for use at summary
trials of or below the rank of Subordinate Officer (Under Section 55 of the
Act) Accused… Rank & Name… Unit… When the authority dealing
summarily with the case decides (with the written consent of the accused) to
dispense with the attendance of witnesses: Question to accused: 1.
Have you received a copy of the Charge-sheet
and record or abstract of evidence? Answer: 2.
Have you had sufficient time to prepare your
defence? Answer: *3. The Charge-sheet is read. Are you guilty or not guilty
of the charge (s) against you which you have heard/read? Answer: 4. Do you wish to make a statement? Answer: If the accused desires to
make a statement he should do so now. If at the conclusion of the hearing the
authority dealing summarily with the case considers that the charge should not
be dismissed, he is to examine the accused*s record of service or conduct
sheet. If the authority dealing summarily with the case proposes to award a
punishment other than a reprimand, severe reprimand or penal deductions, in the
case of a subordinate officer, he shall put the following question to the
accused. 5. Do you elect to be tried by Security Force
Court or will you accept my award? Answer: Finding… Award… Station… Date… Note: Oral statement of the
accused made in answer to Question 4 will not be recorded. If the accused has
submitted a written statement such statement is only to be forwarded with or
attached to this form when a copy of the Record or Abstract of evidence is also
required to be so forwarded or attached. This form will be kept with
Confidential Character Roll of the Subordinate Officer. * If the accused pleads ‘Not
Guilty’ to the charge, then after Question No. 3 record the following: “The Record of Evidence/AOE
is read within the hearing of the accused.” FORM
II Form for use at summary
trials of or below the rank of Subordinate Officer (Under Section 55 of the
Act) Accused… Rank and Name… Unit… When the authority dealing
summarily with the case does not decide to dispense with the attendance of
witnesses or when the accused requires their attendance. Question to accused: 1.
Have you received a copy of the Charge-sheet
and the record or abstract of evidence? Answer: 2.
Have you had sufficient time to prepare your
defence? Answer: 3.
Are you guilty or not guilty of the charge
against you which you have heard/read? The witnesses give their
evidence, accused being permitted to cross-examine. 4.
Do you wish to make a statement? Answer: 5.
Do you desire to call any witness? Answer: The accused makes a
statement and his witnesses give evidence. If at the conclusion of the
hearing, the authority dealing summarily with the case considers that the
charge should not be dismissed with, he is to examine the accused*s record of
service or conduct sheet. If the authority dealing
summarily with the case proposes to award a punishment other than a reprimand,
severe reprimand or penal deduction, in the case of subordinate officer, he
shall put the following question to the accused: 6.
Do you elect to be tried by Security Force
Court or will you accept my award? Answer: Finding… Award… Station… Date… Note: Oral statement of the
accused made in answer to Question 4 will not be recorded. If the accused has
submitted a written statement, such statement is only to be forwarded with or
attached to this form when a copy of the Record or Abstract of evidence is also
required to be so forwarded or attached. This Form will also required to be so
forwarded or attached. This form will be kept with Confidential Character Roll
of the Subordinate Officer. [1] Published in the Gazette of India, Extra., Part II, Section 3(ii),
dated 13-6-1969. [2] Ins. by S.O. 329(E), dated 29-4-1981. [3] Ins. by S.O. 2628(E), dated 25-11-2011. [4] Rule 7 subs. by S.O. 188(E), dated 13-3-1993. [5] Subs. by S.O. 2628(E), dated 25-11-2011. [6] The word “against a permanent
post” in sub-rule (1) of Rule 10 shall be deleted by S.O. 188(E), dated
13-3-1993. [7] Subs. by S.O. 2628(E), dated 25-11-2011. [8] Subs. by S.O. 2628(E), dated 25-11-2011. [9] Subs. by S.O. 2628(E), dated 25-11-2011. [10] Ins. by S.O. 4034, dated 21-10-1971. [11] Subs. by S.O. 2628(E), dated 25-11-2011. [12] Amended by S.O. 55(E), dated 1-2-1999. [13] Explanation omitted by S.O. 436(E), dated 29-5-1990. [14] Renumbered by S.O. 4034, dated 21-10-1971. [15] Subs. by S.O. 2628(E), dated 25-11-2011. [16] Omitted by S.O. 436(E), dated 29-5-1990. [17] Omitted by S.O. 436(E), dated 29-5-1990. [18] Subs. by S.O. 2628(E), dated
25-11-2011. [19] Omitted by S.O. 436(E), dated 29-5-1990. [20] Ins. by S.O. 2628(E), dated 25-11-2011. [21] Ins. by S.O. 2628(E), dated
25-11-2011. [22] Ins. by S.O. 1757(E), dated 19-4-2017. [23] Ins. by S.O. 1757(E), dated 19-4-2017. [24] Subs. by S.O. 2628(E), dated 25-11-2011. [25] Ins. by S.O. 1686, dated 31-5-1996. [26] Ins. by S.O. 1644, dated
8-5-2002. [27] Ins. by S.O. 166, dated 14-1-1998. [28] Rules 20, 21 and 22 subs. by
S.O. 436(E), dated 29-5-1990. [29] Ins. by S.O. 155(E), dated 1-3-1983. [30] Subs. by S.O. 2628(E), dated 25-11-2011. [31] Subs. by S.O. 2628(E), dated 25-11-2011. [32] Subs. by S.O. 436(E), dated 29-5-1990. [33] Subs. by S.O. 2628(E), dated
25-11-2011. [34] Subs. by S.O. 1866, dated 27-6-2003. [35] Ins. by S.O. 436(E), dated
29-5-1990. [36] Subs. by S.O. 2628(E), dated 25-11-2011. [37] Ins. by S.O. 544, dated 15-2-2002. [38] Ins. by S.O. 187(E), dated 23-3-1984. [39] Ins. by S.O. 2755(E), dated 6-3-2012. [40] Ins. by S.O. 436(E), dated 29-5-1990. [41] Subs. by S.O. 436(E), dated 29-5-1990. [42] Subs. by S.O. 2628(E), dated 25-11-2011. [43] Ins. by S.O. 55(E), dated 1-2-1999. [44] Subs. by S.O. 436(E), dated
29-5-1990. [45] Ins. by S.O. 436(E), dated 29-5-1990. [46] Subs. by S.O. 2628(E), dated 25-11-2011. [47] Subs. by S.O. 436(E), dated 29-5-1990. [48] Ins. by S.O. 2628(E), dated 25-11-2011. [49] Ins. by S.O. 55(E), dated 1-2-1999. [50] Ins. by S.O. 2628(E), dated 25-11-2011. [51] Subs. by S.O. 436(E), dated
29-5-1990. [52] Ins. by S.O. 436(E), dated 29-5-1990. [53] Ins. by S.O. 329(E), dated 29-4-1981. [54] Ins. by S.O. 55(E), dated 1-2-1999. [55] Subs. by S.O. 436(E), dated 29-5-1990. [56] Ins. by S.O. 1757(E), dated 19-4-2017. [57] Subs. by S.O. 2628(E), dated 25-11-2011. [58] Subs. by S.O. 2628(E), dated 25-11-2011. [59] Subs. by S.O. 2628(E), dated 25-11-2011. [60] Ins. by S.O. 1757(E), dated 19-4-2017. [61] Ins. by S.O. 436(E), dated 29-5-1990. [62] Subs. by S.O. 329(E), dated 29-4-1981. [63] Omitted by S.O. 1757(E), dated 19-4-2017. [64] Subs. by S.O. 2628(E), dated
25-11-2011. [65] Omitted by S.O. 329(E), dated 29-4-1981. [66] Subs. by S.O. 329(E), dated 29-4-1981. [67] Ins. by S.O. 436(E), dated 29-5-1990. [68] Subs. by S.O. 329(E), dated 29-4-1981. [69] Omitted by S.O. 436(E), dated 29-5-1990. [70] Subs. by S.O. 436(E), dated 29-5-1990. [71] Subs. by S.O. 2032(E), dated 9-7-2003. [72] Subs. by S.O. 2628(E), dated
25-11-2011. [73] Subs. by S.O. 2628(E), dated 25-11-2011. [74] Ins. by S.O. 1757(E), dated 19-4-2017. [75] Subs. by S.O. 155(E), dated 1-3-1983. [76] Subs. by S.O. 2628(E), dated 25-11-2011. [77] Ins. by S.O. 2628(E), dated
25-11-2011. [78] Subs. by S.O. 436(E), dated 29-5-1990. [79] Omitted by S.O. 436(E), dated 29-5-1990. [80] Ins. by S.O. 436(E), dated 29-5-1990. [81] Subs. by S.O. 3678, dated 6-9-2006. [82] Subs. by S.O. 187(E), dated 23-3-1984. [83] Ins. by S.O. 2628(E), dated
25-11-2011. [84] Subs. by S.O. 1757(E), dated 19-4-2017. [85] Subs. by S.O. 2628(E), dated
25-11-2011. [86] Subs. by S.O. 2628(E), dated 25-11-2011. [87] Subs. by S.O. 2628(E), dated 25-11-2011. [88] Amended by S.O. 1040, dated 25-3-1996. [89] Subs. Vide S.O. 436(E), dated 29-5-1990. [90] When the sanction is accorded for the trial of the grave offences by
Summary Security Force Court [BSF Act Section 74(2)], a similar entry should be
made on the Charge-sheet. [91] The accused will be warned, and all witnesses duly required to attend. [92] To be used in case of acquittal on all charges.Border Security Force Rules, 1969
Rule - 27. [Retirement of subordinate officers on grounds of unsuitability.
Rule - 142. General plea of “Guilty” or “Not Guilty”.
Rule - 143. Procedure after plea of “Guilty”.
Rule - 144. Withdrawal of plea of “Not Guilty”.
Rule - 145. Procedure after plea of “Not Guilty”.
Rule - 151. Procedure on finding of “Guilty”.