BORDER SECURITY FORCE RULES, 1969
(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.
(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 Chapters IX and X thereof shall not apply to trials by Summary Security Force Courts in so far as they are inconsistent with any of the provisions contained in Chapter XI thereof pertaining to Summary Security Force Court.]
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 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
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, tender invalid any charge, warrant order, proceedings or any other document 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.
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.
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.
(1) No person—
(a) who has entered into or contracted a marriage with a person having a spouse living, or
(b) who having a spouse, has entered into or contracted a marriage with any person, shall be eligible for appointment into 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 operating of this rule.]
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1. Subs. by S.O. 188(E), dated 13th March, 1993.
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 Nepal, Sikkim 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) An Officer on first appointment to the Force 2[***] shall be on probation for a period of two years and the Central Government may, for reasons to be recorded in writing, extend the period of probation for such further periods or period not exceeding one year.
(2) The Central Government may, during the period of probation, terminate the services of an officer without assigning any reasons.
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1. Omitted by S.O. 188(E), dated 13th March, 1993.
Appointments to the posts of Subedars, Sub-Inspectors and Under Officers for the Force may be made by the Inspector-General, the Deputy Inspector-General and the Commandant respectively:
(a) by direct recruitment;
(b) by deputation from the Army, Navy, Air Force, State Police Force, or any other Department of the Central Government or of the State Government;
(c) by promotion as may be prescribed from time to time.
(1) Officers referred to in rule 9 and Subedars and Sub-Inspectors referred to in rule 11 may be granted commissions as such by the President.
(2) The Grant of the commissions shall be notified in the Official Gazette and such notification shall be conclusive proof of the grant of such commission.]
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1. Ins. by S.O. 1362, dated 7th April, 1970.
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 an 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 question 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 t
(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 orders of the Director-General.]
(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) 2[Additional Director-General.]
(3) 2[Inspector-General.]
(4) Deputy Inspector-General.
(5) Additional Deputy Inspector-General.
(6) Commandant.
(7) Deputy Commandant.
(8) Assistant Commandant.
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(1) For the purposes 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 trans-border crimes, un-authorised entry into or exit from the territory of India;
(iii) prevent smuggling and any other illegal activity.
(2) In discharging the functions under sub-rule (1), the responsibility for the command, discipline, morale and administration shall,—
(a) in the case of Inspector-General, extend to all battalions, units, head-quarters, establishment and Force personnel placed under him 1[***];
(b) in the case of a Deputy Inspector-General
(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 t
(1) Where the Director-General is of the opinion that an officer is unfit to be retained in service, he may recommend to the Central Government that the officer be retired from service.
(2) He shall also forward to the Central Government the reasons for his recommendation alongwith the record of service of the officer.
(3) The Central Government may on receipt of such recommendation and after giving the officer an opportunity to explain his case pass such order as it may deem fit:
Provided that where in the interest of security of the State it would be in-expedient so to do, it shall be lawful for the Government to pass an order as aforesaid without giving the officer the opportunity to explain his case.
(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 b
(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 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 1[or three months pay and allowances, whichever is higher]; or
2[***]
1[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 c
(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
(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
(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 of showing cause.
(2) When after considering the reports on the misconduct of the person concerned, the compe
Legal Comments
Introduction - Rule 22 of the Border Security Force Rules, 1969 operates under the Border Security Force Act, 1968 as the disciplinary mechanism for dismissal/removal of personnel for misconduct; it provides an administrative pathway distinct from criminal trial outcomes.
What Rule 22 Says - Rule 22 empowers the competent authority to dismiss or remove a member from service, with or without pension, after considering his explanation and defence.
Essential ingredients - The core elements include: (i) a finding of misconduct or pendency of disciplinary action, (ii) a show-cause/defence opportunity, (iii) a reasoned determination by an authorised authority, and (iv) the option of pension or non-pension discharge, as provided by Rule 22(3).
Scope of Section (Rule 22) - The rule applies to persons subject to BSF Act, 1968, including Non-Commissioned ranks, and contemplates dismissal/removal as a major disciplinary remedy within the Act's framework. Its reach includes the possibility of removal with/without pension.
Competent Authority - The authority empowered to act under Rule 22 may be the Director General/Inspector General (DG/IG) under Section 11(2) of the BSF Act, or a Commandant under Rule 177 of the BSF Rules, depending on rank and delegated authority. [Rajib Choudhury VS Union of India][Amal Bhushan Deb VS Union of India][Bamadev Jayasingh VS Inspector General, Border Security Force, Kolkata]
Interaction with Security Force Court (GSFC/SSFC) - Rule 22 actions are administrative in nature and independent of judgments or acquittals by Security Force Courts; the power to dismiss/removal can operate even where SSFC/GSC acquitted or convicted, subject to proper procedure. This has been recognized in authorities addressing post-acquittal action under Rule 22. [Union of India VS V. Shankaran]
Double Jeopardy considerations - A line of authority confirms that acquittals by a Security Force Court do not categorically foreclose administrative dismissal under Rule 22; however, courts scrutinize whether Rule 22 was properly invoked and not misused post-acquittal. [Union of India VS V. Shankaran]
Post-acquittal invocation caveat - There are also judgments noting that invoking Rule 22 after SSFC acquittal must be carefully justified and not misapplied; incorrect invocation can be quashed if due process/legality is not satisfied. [DEPUTY INSPECTOR GENERAL, BORDER SECURITY FORCE, NORTH BENGAL Frontiers HEADQUARTERS, SILIGURI VS ASHOK KUMAR MISHRA]
Show Cause and Defence – Procedure under Rule 22(2)/(3) contemplates providing the delinquent an opportunity to explain/defend before a final order of dismissal/removal; the absence or inadequacy of such process can render the order vulnerable.
Pension implications - Rule 22(3) expressly contemplates dismissal/removal with or without pension; authorities may tailor the pension aspect in accordance with pension rules and the terms of the disciplinary order.
Natural justice and proportionality - Courts have emphasized natural justice in disciplinary actions, including opportunity to defend and proportionality of punishment; where procedures or fairness are lacking, courts may set aside or modify penalties. [Sumindra Prasad Singh VS Commandant C I S F]
Jurisdictional clarity on who can dismiss - There is jurisprudence recognizing both possibilities: (i) DG/IG exercising power under the Act, and (ii) a Commandant exercising power under Rule 177, depending on circumstances and hierarchy; this distinction informs when Rule 22 can be invoked by a particular authority. [Rajib Choudhury VS Union of India][Amal Bhushan Deb VS Union of India]
Destruction of evidence vs. Rule 22 reliance - In some cases, the tribunal has noted that relying on Rule 22 to terminate after a prior inquiry must be grounded in lawful authority and proper procedure; otherwise the order may be vulnerable to quashing. [SANTOSH KUMAR SUR VS UNION OF INDIA]
Deserter vs misconduct distinction (desertion) - Section 62 deals with desertion and separate consequences, while Rule 22 governs dismissal for misconduct; the distinction informs when Rule 22 applies in cases involving absence and related misconduct. [Union of India VS Umesh Kumar Malik]
Rule 22 as a disciplinary safeguard - The Rule serves as a necessary instrument to uphold discipline within a para-military force, preserving the integrity of the service even where criminal or disciplinary proceedings yield differing results. [Rajib Choudhury VS Union of India]
Appellate/revisional interplay - While Rule 22 is a separate disciplinary remedy, the appellate/revisional pathways under the BSF Rules interact with Rule 22; tribunals have recognized competent authorities’ powers to initiate or uphold penalties after due process and opportunity to respond. [M. Sekar VS Director General of Police, Central Industrial Security Force and Others]
Fair trial concerns in BSF discipline - Jurisprudence under Rule 22 and related provisions reflects a balance between timely disciplinary action and ensuring fair process, including adequate notice, defence opportunity, and non-arbitrary imposition of penalties. [Sumindra Prasad Singh VS Commandant C I S F]
Procedural compliance and penalties – Penalties under Rule 22 must be grounded in a proper inquiry and evidence, with the authority recording reasons for dismissal/removal; deviations can lead to quashing or remand for fresh action under law. [Amal Bhushan Deb VS Union of India][SANTOSH KUMAR SUR VS UNION OF INDIA]
Summary Security Force Court (SSFC) vs Rule 22 - Courts have scrutinized whether a punishment by SSFC can be substituted or complemented by Rule 22 actions and whether procedural safeguards were observed; improper substitutions can be challenged. [DEPUTY INSPECTOR GENERAL, BORDER SECURITY FORCE, NORTH BENGAL Frontiers HEADQUARTERS, SILIGURI VS ASHOK KUMAR MISHRA][Union of India VS V. Shankaran]
Active-duty context and civil offences - In the BSF framework, the active-duty status can affect how offences are treated under the Act and the possibility of administrative action under Rule 22, though the primary question remains misconduct and the procedure for dismissal. [Bamadev Jayasingh VS Inspector General, Border Security Force, Kolkata][Gajendra Singh VS State of Rajasthan]
Practical takeaway for practitioners - When invoking Rule 22, ensure proper authority (DG/IG or Commandant as permitted), observe show-cause/defence procedures, articulate reasons, and verify whether pension implications are appropriately addressed; guard against practices that mimic criminal proceedings or undermine natural justice. [Rajib Choudhury VS Union of India][Sumindra Prasad Singh VS Commandant C I S F]
Additional cautionary note - Several judgments stress that the exact contours of Rule 22 (and its interaction with Rule 177 and Rule 28/A appeals) depend on the rank of the officer, the act, and the procedural posture; consult the specific ruling and the relevant Rule texts for precise applicability in a given case. [Amal Bhushan Deb VS Union of India][M. Sekar VS Director General of Police, Central Industrial Security Force and Others]
Source corpus acknowledgment - Core statements on Rule 22(3) text and the administrative scope derive from Border Security Force Rules, 1969 and Border Security Force Act, 1968; jurisprudence cited includes Double Jeopardy discussions, post-acquittal invocation, and the interplay with Security Force Courts. [Union of India VS V. Shankaran][DEPUTY INSPECTOR GENERAL, BORDER SECURITY FORCE, NORTH BENGAL Frontiers HEADQUARTERS, SILIGURI VS ASHOK KUMAR MISHRA][Amal Bhushan Deb VS Union of India][Sumindra Prasad Singh VS Commandant C I S F][M. Sekar VS Director General of Police, Central Industrial Security Force and Others][Gaurav Joshi & Another VS Union of India rep. by the Secretary & Others][Union of India VS Umesh Kumar Malik][Bamadev Jayasingh VS Inspector General, Border Security Force, Kolkata]
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.]
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1. Ins. by S.O. 155(E), dated 1st March, 1983.
A subordinate officer or an enrolled person shall on the fulfilment of the terms and conditions of service under which he was appointed or enrolled be eligible to retire.
(1) Where a Commandant is satisfied that a Subedar, a 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, Sub-Inspector or the enrolled person, as the case may 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) Where the said Subedar, Sub-Inspector or enrolled person is found by the Medical Board to be unfit for further service in the Force, the Inspector-General, the DIG 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, the Sub-Inspector, or as the case may be, the enrolled person:
Provided that before the said Subedar or Sub-Inspe
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 where he consider 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.
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1. Subs. by S.O. 436(E), dated 29th May, 1990.
(1) Where a Deputy Inspector-General is satisfied that a Sub-Inspector is unsuitable to be retained in the Force, he may, after giving such Sub-Inspector 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.
(2) Where an Inspector-General is satisfied that a Subedar or Subedar Major is unsuitable to be retained in the Force, he may after giving such Subedar 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 Subedar or Subedar Major from the Force.]
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.
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:
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].
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1. Subs. by S.O. 1866, dated 27th June, 2003, for rule 28A (w.e.f. 12-7-2003). Earlier rule 28A was inserted by
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.
(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 behaviour.
(3) A superior officer effecting arrest under sub-rule (2) shall as soon as
(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 person 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 wit
(1) Any person arrested under rule 33 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) 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
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(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 incharge 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 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 pe
(1) Notwithstanding 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 security of the State; or
(iii) where a case against him in respect of any civil offence is under investigation, inquiry or trial:
2[Provided that the Director General may exercise the powers of suspension in respect of officers of the Force upto the rank of Deputy Commandant:
Provided further that the Director Gene
(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
Without prejudice to the provisions 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.
Where it is alleged that a person subject to the Act 1[other than an officer or a Subordinate Officer] has committed an offence punishable thereunder the allegation shall be reduced to writing in the form set out in Appendix IV.
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1. Ins. by S.O. 436(E), dated 29th May, 1990.
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.]
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1. Subs. by S.O. 436(E), dated 29th May, 1990.
(1) The charge shall be heard by the Commandant of the accused—
(a) the charge and statement of witnesses if recorded shall be read over to the accused. If written statements of witnesses are not available, he shall hear as many witnesses as he may consider essential to enable him to determine the issue;
(b) the accused shall be given an opportunity to cross-examine the witnesses and 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
(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 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.
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(1)(a) The charge against an officer or 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 or, as the case may be, the Director-General.
1[(b) The charge sheet and statements of witnesses if recorded and relevant documents, if any, shall be read over to the accused if he has not absconded or deserted.]
Provided that where written statement of witnesses, are not available the officer hearing the charge shall hear as many witnesses as he may consider essential to enable him to know about the case.
&nb
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.
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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) of section 20 or clause (a) of 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) 1[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.
2[Provided that where statement of any witness at a court of inquiry is available, examination of such a witness may be dispensed with 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: “
(1) An abstract of evidence shall be prepared either by 1[the ordering it] or an officer detailed by him.
(2) (a) The abstract of evidence, shall include—
(i) signed statements of witnesses wherever available or a precise thereof, or
(ii) copies of all documents intended to be produced at the trial.
(b) Where signed statements of any witnesses are not available a precise 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:
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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) The Commandant may, after going through the record or abstract of evidence—
(i) dismiss the charge, or
(ii) rehear the charge and award one of the summary punishments, or
(iii) try the accused by a Summary Security Force Court where he is empowered so to do, or
(iv) apply to a competent officer or authority to convene a court for the trial of the accused.
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1. Ins. by S.O. 436(E)
(1) Where an officer has been detailed to prepare the record of evidence or abstract thereof, he shall forward the same to the officer who ordered for its preparation.
(2) The officer who ordered for the preparation of record of evidence or abstract of evidence may, after going through the record or abstract of evidence,—
(i) dismiss the charge, or
(ii) dispose of the case summarily if he is so empowered, 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.]
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.
(1) A charge-sheet contains 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 lay out 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 the offence, and
(b) particulars of the offence.
(4) T
(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
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.
(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 Chief Law Officer or a 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 the 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) may return the case for recording further evidence, if he considers the evidence record ins
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 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.
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1. Subs. by S.O. 329(E), dated 29th April, 1981.
(1) A Court shall consist, as far as practicable, of officers of different battalions 2[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.
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1. Subs. by S.O. 329(E), dated 29th April, 1981.
2. Ins. by S.O. 436(
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 that 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:
(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 arrangements 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 h
(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 s
(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 a 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
(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) 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 of the Court in accordance with the foregoing sub-rule and shall be asked separately whether he has any such objection.
(3) An accused shall state the names of all the officers to whom he objects before any objection is disposed of.
(4) If more than one officer is objected to; the objection to each officer shall be disposed of separately and the objection to the lowest in rank shall be disposed of first.<
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 this conscience.
Forms 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
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
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)
(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 charge-sheet.
(3) When the Court reports to the convening officer under this rule, the convening officer shall—
(a) if he a
(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 charge-sheet.
(3) When a Court reports to the conveni
(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 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, any objection under rule 73 and 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
(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 ch
(1) After the Court has recorded a finding of guilty, if there is not 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 on those parts, and shall not hand over the original record or abstract of evidence to the Court until the trial is concluded.
1[***]
(3) After 2[sub-rule (1) has] been complied with, the accused may,—
(a) adduce evidence of character and
(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.
(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
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 the procedure before trial has 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.
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(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, or 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 adm
(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 shorthand 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) 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 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.
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(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 exami
(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 facts 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 on 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 the same defending officer or counsel he may make one closing address only.
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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 the Law Officer.
(2) The opinion of each member of the Court as to the finding shall be given by the word of mouth on each charge separately starting with the junior most in rank.
1[(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 simply as a 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 t
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 sections 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 the en
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 relating thereto, is adopted or rejected, may be entered in the proceedings.
(1) The sentence together with any recommendation to mercy and the reason 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 signature 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 opportun
(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 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 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 ot
(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 evidenc
(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 w
(1) 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 the 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 or change 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 opinion 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 of the 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.
(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 pro
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 time 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 for review, who shall then forward the same to the confirming authority.]
—————
1. Subs. by S.O. 155, dated 1st March, 1983.
(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”.
(2) 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.
(3) 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 alongwith 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 C
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.
Where a Law Officer has been named to act on the Court, he shall,—
(a) given 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.
(2) 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 s
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 officer 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 time and such places as the Central Government or any authority authorised by it may direct; an
(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 and 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 s
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, navy or air force law the Court may bring his conduct to the notice of the proper military, navy or air force authority, as the case may be;
(c) in other cases the officer who summoned the witness to appear or the Presiding O
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 of 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 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,
(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 above mentioned, 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 charge 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.
(3) Where an accused person pleads gui
(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 the trial does not proceed on any other charges) the Court shall read the record or abstract of evidence and annex it to the pr
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) Where 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 findin
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, or to 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 upto and including the stage of finding.
(2) The Court shall, thereafter, comply with rule 150 or 151 as the case may be.
(1) The officer holding the trial may clear the Court to consider the evidence or to consulate with the officers, and subordinate officers, 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 1[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 counter-sign the proceedings 2[***].
(3) The proceedings shall, after its promulgation, 3[under sub-rule (1) or counter-signature under sub-rule (2)], be forwarded to the Chief Law Offi
(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.
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 civil prison.
(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 officer mentioned in section 117.
(2) In the case of a Summary Security 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 reviving a petition may send it to the Chief Law Officer or a Law Officer for advice.
A Court of inquiry may consist of one or more members. Persons not subjected 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.]
—————
1. Subs. by S.O. 187(E), dated 3rd March, 1984.
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 normally proved.
(5) The Court may ask witnesses any question, 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.
&n
(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 unn
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 matters 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.
The Commandant may, under sub-section (2) or section 11, dismiss or remove from the service any person under his command other than an officer or a subordinate officer.
The authority for the purposes of sub-section (1) of section 13 shall be—
(i) Commandant, in respect of persons 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 upto 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 insofar 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 provisions of these rules as if the said provisions 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.
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.
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