AIR FORCE RULES, 1969
(1) These rules may be called the Air Force Rules, 1969.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf.
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1. Vide S.R.O. 310, dated 24th September, 1969, published in the Gazette of India, Extra., Pt. II, Sec. (iv), dated 24th September, 1969.
In these rules, unless the context otherwise requires,—
(a) “Act” means the Air Force Act, 1950;
(b) “Form” means a Form set forth in the Schedule;
(c) “minor punishment” means punishment inflicted without the intervention of the court-martial under section 82 or section 86;
(d) “proper air force authority” when used in relation to any power, duty, act or matter means such air force authority as, in pursuance of the Act or these rules or the regulations for the air force or the usages of the service, exercises or performs that power or duty or is concerned with the Act or matter;
(e) “Schedule” means a Schedule appended to these rules;
(f) “se
Any report or application directed by these rules shall be made to a superior authority, or proper air force authority, shall be made in writing through the proper channel, unless the authority on account of exigencies of the service or otherwise, dispenses with the writing.
(1) The Forms with such variations as the circumstances of each case require, may be used for the respective purposes therein mentioned and if used shall be sufficient, but a deviation from such forms shall not, by reason only of such deviation, render any charge, warrant, order, proceedings or other document invalid.
(2) An omission of any such Form shall not, by reason only of such omission, render any act or thing invalid.
(3) The notes to, and instructions in, the Forms shall be considered as instructions which it is expedient to follow in all cases to which such notes and instructions apply, but shall not have the force of the rules.
Any power or jurisdiction conferred on, and any act or thing to be done by, or before any person holding any air force appointment may be exercised by, or done by, or before any other person for the time being authorised in that behalf according to the usages of the service.
In any case not provided for these rules such cases shall be adopted as appears best calculated to justice.
(1) The following officers shall be enrolment officers for the purposes of sections 13 and 14, namely:—
(a) all recruiting officers;
(b) all assistant recruiting officers;
(c) the Officer Commanding a unit of the Air Force.
(2) The Form of enrolment set forth in the First Schedule is prescribed for the purposes of sections 13 and 14.
All combatants shall, when reported fit for the duties of their trade, be attested as provided in section 16.
(1) The oath or affirmation to be taken on attestation shall be in one of the following form or in such other forms to the same purport as the attesting officer ascertains to be in accordance with the religion of the person to be attested or otherwise binding on his conscience.
Form of Oath
I ..................do swear in the name of God that I will bear true faith and allegiance to the Constitution of India as by law established and that I will as in duty bound honestly and faithfully serve in the Air Force of the Union of India, and go wherever ordered by air, land or sea, and that I will observe and obey all commands of the President of the Union of India and the commands of any officer set over me even to the peril of my life.
Form of Affirmat
Every person enrolled under the Act shall as soon as he becomes entitled under the conditions of his enrolment to be discharged, be so discharged with all convenient speed:
Provided that a person shall not be so entitled to be discharged during period during which the Central Government, by a notification in this behalf suspends the entitlement to discharge in respect either of all the persons enrolled under the Act, or of any class of such persons to which he belongs].
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1. Subs. by S.R.O. 83, dated 19th December, 1970.
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(1) The dismissal of a person subject to the Act, whose dismissal otherwise than by sentence of court-martial is duly authorised, or the retirement, discharge, release or removal of a person so subject, whose retirement discharge, release or removal as the case may be, is duly authorised, shall be carried out by the commanding officer of such person with all convenient speed. The competent authority may, when authorising the dismissal retirement, discharge, release or removal, specify any further date from which it shall take effect:
Provided that if no such date is specified, it shall take effect from the date on which it was duly authorised, or from the date on which the dismissed, retired, discharged, released or removed person ceased to do air force duty, whichever is later.
(2) The retirement, removal, release discharge or dismissal
A person subject to the Act may be released from the air force in accordance with these rules, or in accordance with any orders or instructions made in that behalf by or under the authority of the Central Government.
Subject to the other provisions of these rules, a person subject to the Act may be retired in accordance with the terms and conditions of his service by or under the authority of the Central Government.
(1) Each of the authorised specified in column 3 of the Table below shall be the authority competent in respect of persons subject to the Act specified in column 1 thereof for the cause specified in column 2 and in the manner specified in column 4, to discharge such persons from the service.
(2) Any power conferred by this rule on any of the aforesaid authorities may also be exercised by any other authority superior to it.
Clause Cause Discharge Competent Authority to Authorize discharge Special Instructions
1 2 3 4
Persons enrolled under the Act who have attested. (a) At his own request on transfer to the pension establishment Commanding Office.
(1) An officer may be dismissed or removed from service for misconduct by the Central Government, but before doing so and subject to the provisions of sub-rule (2) he shall be given an opportunity to show cause against such action.
(2) Where the dismissal or removal of an officer is proposed on ground of misconduct which has led to his conviction by a criminal court, or where the Central Government is satisfied that for reasons to be recorded in writing, it is not expedient or reasonably practicable to do so, it shall not be necessary to give an opportunity to the officer of showing cause against his dismissal or removal.
(3) Where an officer has been convicted by a criminal court and the Central Government after examining the judgment of the criminal court in his case and considering the recommendation about him of the Chief of the Air
.—(1) When the Chief of the Air Staff is satisfied that an officer is unfit to be retained in service due to inefficiency, physical disability or other ground other than misconduct, the officer—
(a) shall be so informed;
(b) shall be furnished with the particulars of all matters adverse to him; and
(c) shall be called upon to submit in writing, within a reasonable period, any reasons he may wish to urge for not being removed from the service:
Provided that all or any of 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 furth
(1) Save in a case where a person subject to the Act other than an officer is dismissed or removed from the service on the ground of conduct which had led to his conviction by a criminal court or a court-martial, no such person shall be dismissed or removed under sub-section (1) or sub-section (3) of section 20 unless he has been informed of the particulars of the cause of action against him and allowed reasonable time to state in writing any reasons he may have to urge against his dismissal or removal from the service.
(2) Notwithstanding anything contained in sub-rule (1), if in the opinion of the officer competent to order the dismissal or removal of such person, it is not expedient or reasonably practicable to comply with the provisions of sub-rule (1), he may, after certifying to that effect, order the dismissal or removal.
(3) All
No person subject to the Act shall, without the express sanction of the Central Government,—
(a) be a member of, or associated in any way with, any society, institution, association or organisation that is not recognised as part of the Armed Forces of the Union or is not of a purely social, recreational or religious 1[or educational] nature.
Explanation.—If any question arises as to whether any society, institution, association or organisation is of a purely social, recreational or religious nature, the decision of the Central Government thereon shall be final.
(b) be a member of or be associate in any way with any trade union or labour union, or any class of trade or labour unions.
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(1) No person subject to the Act shall attend, address, or take active part in, any meeting or demonstration held for party or political purposes, or belong to or join, or subscribe in aid of, any political association or movement.
(2) No person subject to the Act shall issue an address to electors or in any other manner publicly announce himself or allow himself to be publicly announced as a candidate or as a prospective candidate for election to Parliament, Legislature of a State, local authority, or other public body, or act as a member of a candidate’s election committee, or in any way actively prosecute a candidate’s interest.
No person subject to the Act shall—
(a) publish in any form whatever or communicate directly or indirectly to the press any matter on a service subject or containing any service information, or publish or cause to be published any book or letter or article or other document on such matter or containing such information, without the previous sanction of the 1[Central Government]; or
(b) deliver a lecture or wireless address on a service subject or containing any information or views on any service subject without the previous sanction of the 1[Central Government].
Explanation.—For the purpose of this rule, service information and service subject mean information or subject, as the case may be, concerning the forces, the defence or the external relation of the Union.
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(1) Any person subject to the Act who has been ordered into air force custody by a competent authority may be taken into such custody in accordance with the usages of the service:
Provided that while being held for trail or after trial pending confirmation of the proceedings, the arrest or confinement imposed upon him shall not be more rigorous than the circumstances require to ensure his physical fitness and security.
(2) Detention in air force custody beyond a total period of sixty days whether continuously or in broken periods, of a person subject to the Act, who is not on active service and for whose trial a court-martial has not assembled, shall require the sanction of the Chief of the Air Staff or any other officer duly authorised, with the approval of the Central Government, by the Chief of the Air Staff in that behalf.
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(1) In every case where a person subject to the Act, who is not on active service, is in air force custody for a period longer than eight days, whether continuously or in broken periods, without a court-martial for his trial having been assembled, or without a punishment having been awarded to him under section 82 or section 86, the Commanding officer shall make a report in the delay report form contained in the Second Schedule, to the officer empowered to convene a general or district court-martial for the trial of such person. Such report shall be made at interval of every eight days until a court-martial is assembled or the case is disposed under section 82, or section 86 or such person is released from custody, as the case may be.
(2) A copy of each of the third and subsequent reports submitted under sub-rule (1) will be forwarded directly to the 1[Deputy Chief Legal Adviser] o
(1) Every charge against a person subject to the Act shall be heard in the presence of the accused. The accused shall have full liberty to cross-examine any witness against him, and to call any witnesses and make any statement in his defence.
(2) The commanding officer shall dismiss a charge brought before him if, in his opinion, the evidence does not show that some offence under the Act has been committed, and may do so if, in his discretion, he thinks the charge ought not to be proceeded with.
(3) At the conclusion of the hearing of a charge, if the commanding officer is of opinion that the charge ought to be proceeded with, he shall, without unnecessary delay, either:—
(a) dispose of the case summarily; or
(b) 1[refer the case to the proper
(1) The evidence and statement, if any, taken down in writing in pursuance of rule 24 (hereinafter referred to as the summary of evidence) shall be considered by the commanding officer, who thereupon shall either—
(a) remand the accused for trial by court-martial; or
(b) 1[refer the case to the proper superior air force authority for sanction under section 83 or disposal under section 86; or]
(c) if he thinks it desirable, re-hear the case and dispose it of summarily.
(2) If the accused is remanded for trial by court-martial, the commanding officer shall without unnecessary delay apply to the proper air force authority to convene a court-martial.
(3) The summary of evidence, or a true copy thereo
The provisions of rules 24 and 25 shall, so far as practicable, also apply to an officer exercising the powers of a commanding officer.
An officer having power to convene a district court martial to whom an application for the convening of court martial is made or to whom a case is referred under the provisions of clause (b) of sub-rule (1) of rule 25 may, at his discretion,—
(a) authorise in writing the commanding officer or other officer exercising the powers of a commanding officer to dismiss the charge or dispose of the case summarily; or
(b) refer the case to a superior authority; or
(c) order the assembly of a district court-martial for the trial of the accused person.]
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1. Subs. by S.R.O. 24(E), dated 16th August, 1974.
An officer having power to convene a general court-martial to whom application for the convening of a court-martial is made, or to whom a case is referred under the provisions of clause (b) of sub-rule (1) of rule 25, or of clause (b) of rule 27, may, at his discretion,—
(a) return the case to the Commanding Officer or other officer exercising the powers of a Commanding Officer authorising such officer in writing to dismiss the charge or dispose of the case summarily; or
(b) deal with the case summarily, as provided in rule 31; or
(c) order the assembly of a court-martial for the trial of the accused person; or
(d) refer the case to a superior authority].
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(1) A commanding officer or other officer exercising the powers of a commanding officer, if of the rank of Squadron Leader or above, may, without the intervention of a court-martial, award the minor punishments specified in section 82.
(2) A commanding officer, or other officer exercising the powers of a commanding officer, of the rank of Flight Lieutenant, shall have the powers of punishment specified in the said section, provided that he shall not award detention or field punishment for a period exceeding seven days.
(3) A commanding officer, or other officer exercising the powers of a commanding officer, who is below the rank of Flight Lieutenant shall have the powers of imposing punishment specified in the said section, except the following in the case of non-commissioned officers, namely,—
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(1) Subject to the provisions of the sub-rule (2), an office other than a commanding officer, who has with the consent of the Central Government been specified by the Chief of the Air Staff as a "Subordinate Commander," may award such minor punishments and to such extent as specified in this rule.
(2) The subordinate commanders specified in column 1 of the Table below if authorized in this behalf by the commanding officer or other officer exercising the powers of commanding officer, may award to the persons specified in column 2 the minor punishments specified in the column 3 thereof provided that, then an officer of the rank of Flight Lieutenant is officiating in an appointment normally held by an officer of higher rank, or when no subordinate commander of the rank of Squadron Leader or above is available, an officer of the rank of Flight Lieutenant shall not be authorized to awar
(1) 1[When a charge against an officer or warrant officer is to be summarily disposed of under section 86,] a copy of the summary of evidence shall be delivered to him free of charge as soon as practicable after its preparation, and in any case not less than forty-eight hours before such disposal.
(2) The officer dealing with the case summarily under section 86 shall hear the witnesses, if any, in the prensence of the accused, but may dispense with the hearing of every or all witnesses if the accused person consents in writing thereto.
1[(3) If the accused person demands that the evidence be taken on oath, the officer dealing with the case summarily shall administer to each witness before he gives his evidence, the oath or affirmation as prescribed in rule 118, but the accused person shall not be sworn.]
When a commanding officer, or other officer having power to dispose of an offence summarily, has once awarded a punishment for that offence, he cannot afterwards increase the punishment for that offence.
.—(1) If a minor punishment awarded under section 82 appears to the Central Government, the Chief of the Air Staff, or any officer superior in command to the officer who awarded the punishment, to be wholly illegal, such athority shall direct that the award be ancelled and the entry in the records of the accused be expunged.
(2) If such minor punishment appears to the authority specified in sub-rule (1) to be in exess of the punishment authorised by law, such authority may vary the punishment awarded so that it shall not be in excess of the punishment authorised by law, and the entry in the records of the acused shall be varied acordingly.
(3) If such minor punishment appears to the authority specified in sub-rule (1) to be unjust or too severe having regard to all the circumstanes of the case, such authority may mitigate or remit the pu
[(1) A charge-sheet shall, so far as practicable, conform to the form of charge-sheet specified in the Fifth Schedule and shall contain the whole issue or issues to be tried by a court-martial at one time.
(2) A charge means an accusation contained in a charge-sheet that a person subject to the Act has been guilty of an offence.
(3) A charge-sheet may contain one charge or several charges.
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1. Subs. by S.R.O. 83, dated 19th December, 1970.
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Every charge-sheet shall begin with the name and description of the person charged, and state, in the case of an officer, his rank, name, number, and unit, and in the case of a warrant officer, or other enrolled person, his number, rank, name and unit. When the accused person does not belong to the regular air force, the charge-sheet shall show by the description of him, or directly by an express averment, that he is subject to the Act in respect of the offence charged.
(1) Each charge shall state one offence only, and in no case shall an offence be described in the alternative in the same charge.
(2) Each charge shall be divided into two parts—
(a) the statement of the offence; and
(b) the statement of the particulars of the act, neglect, or omission constituting the offence.
(3) The offence shall be stated, if not a civil offence, as nearly as practicable, in the words of the Act, and if a civil offence, in such words as sufficiently describe that offence, but not necessarily in technical words.
(4) The particulars shall state such circumstances respecting the alleged offence as will enable the accused to know what act, neglect or omission is intended to be proved
The charge-sheet shall be signed by the commanding officer of the accused or by the officer who, in respect of the accused, is an officer empowered under section 82 to exercise the powers of a commanding officer, and shall contain the place and date of such signature.]
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1. Subs. by G.S.R. 24(E), dated 16th August, 1974.
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(1) A charge-sheet shall not be invalid by reason only of any mistake in the name or description of the person charged, if he does not object to the charge-sheet during the trial, and it is not shown that injustice has been done to the person charged.
(2) In the construction of a charge-sheet or charge, there shall be presumed in favour of supporting the same every proposition which may reasonably be presumed to be impliedly included though not expressed therein.
An accused person for whose trial a court-martial has been ordered to assemble shall be afforded proper opportunity of preparing his defence, and shall be allowed free communication with his witnesses, and with any friend or legal adviser whom he may wish to consult.
(1) The accused before he is arraigned shall be informed by an officer of every charge on which he is to be tried; and also that, on his giving the names of witnesses whom he desires to call in his defence, reasonable steps will be taken for procuring their attendance, and those steps shall be taken accordingly.
The interval between his being so informed of the charges against him and his arraignment must be such as to allow him to have his witnesses present, and to consider his defence.
(2) The officer at the time of so informing the accused shall give him a copy of the charge-sheet, 1[and if the recording of summary of evidence has not been dispensed with under rule 42, a copy of the smmary of evidence,] and, if he desires it, a vernacular translation of the same, and shall, if necessary, read and explain to him the charges brought aga
(1) Any number of accused persons may be charged jointly and tried together for an offence averred to have been committed by them colletively.
(2) Any number of accused persons, whether charged, jointly or not, may be tried together for an offence averred to have been committed by one or more of them and to have been abetted by the other or others.
(3) Where the accused persons are so charged under sub-rule (1) or (2), any one or more of them may at the same time be charged with and tried for any other offence averred to have been committed individually or collectively:
Provided that all the said offences are based on the same facts, or form, or are part of, a series of offences of the same or similar character.
(4) In the cases mentioned above, not
Where it appears to the officer convening a court-martial, or to the senior officer on the spot, that exigencies of the service or the necessities of discipline, render it impossible or inexpedient to observe any of the provisions of rule 24 sub-rule (4), sub-rule (5), sub-rule (6) and sub-rule (7) and of rules 25, 39 and 40 he may, by order under his hand, make a declaration to that effect specifying the nature of such exigencies or necessities, and thereupon the trial or other proceedings shall be as valid as if the rule mentioned in such declaration had not been contained herein; and the declaration may be made with respect to all or any of the provisions of the rules aforesaid mentioned:
Provided that the accused shall have full opportunity of making his defence, and shall be afforded every facility for preparing it which is practicable, having due regard to the said exigencies
[(1) An officer before convening a general or district Court-Martial shall first satisfy himself that the charges to be tried by the Court-Martial are for offences within the meaning of the Act, and framed in accordance with law, and that evidence justifies a trial on those charges he may amend the charges if he deems fit, and if not so satisfied order release of the accused, or refer the case to superior authority].
(2) He shall also satisfy himself that the case is a proper one to be tried by the description of court-martial he proposes to convene.
(3) The officer convening a court-martial shall appoint or detail the officers to form the court, and may also appoint or detail such waiting officers as he thinks expedient. He may also, where he considers the services of an interpreter to be necessary, appoint or detail an interpreter to
(1) If, before the accused is arraigned, the full number of officers detailed are not available to serve by reason of non-eligibility, disqualification, challenge or otherwise, and if there are not a sufficient number of officers in waiting to take the place of those unable to serve, the court shall ordinarily adjourn for the purpose of fresh members being appointed; but if the court is of opinion that in the interests of justice, and for the good of the service, it is inexpedient so to adjourn it may, if not reduced in number below the required minimum, proceed recording their reasons for so doing.
(2) If the court adjourns for the purpose of the appointment of fresh members whether under these rules or otherwise, the convening officer may, if he thinks fit, convene another court.
.—(1) An officer is not eligible to serve on a court-martial unless he is subject to air force law.
(2) An officer is disqualified for serving on a general or district court-martial if he—
(a) is the officer who convened the court; or
(b) is the prosecutor, or a witness for the prosecution, or
(c) investigated the charges before trial, or took down the summary of evidence or was a member of a court of inquiry respecting the matters on which the charges against the accused are founded, or was the flight, squadron, station, unit, or other commander who made preliminary inquiry into the case, or was a member of previous court-martial which tried the accused in respect of the same offence; or
(d)
(1) The senior member of a general court-martial shall be of a rank not below that of a Group Captain, unless in the opinion of the convening officer, to be stated in the order convening the court and to be conclusive, an officer of that rank is not (having due regard to the public service) available.
(2) All members of a general court-martial for the trial of an officer shall be of equal if not superior rank to the accused, unless in the opinion of the convening officer, to be stated in the order convening the court and to be conclusive, officers of the required rank are not (having due regard to the public service) available:
Provided that in no case shall an officer below the rank of Flight Lieutenant be appointed a member of a court-martial for the trial of an officer of or above the rank of Squadron Leader.
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The senior member of a district court-martial shall be of a rank not below that of Squadron Leader, unless in the opinion of the convening officer, to be stated in the order convening the court and to be conclusive, an officer of that rank is not (having due regard to the public service) available.
general or district court-martial shall not be composed exclusively of officers of the same unit, unless the convening officer states in the order convening the court that in his opinion other officers are not (having due regard to the public service) available, and in no case shall it consist exclusively of officers belonging to the same unit as the accused.
(1) On the court assembling, the order convening the court shall be read, and also the names, rank and unit of the officers appointed to serve on the court; and it shall be the first duty of the court to satisfy itself that the court is duly constituted that is to say—
(a) that, so far as the court can ascertain, the court has been convened in accordance with the Act and these rules;
(b) that the court consists of a number of officers not less than the required minimum, and, save as mentioned in rule 44, not less than the number detailed;
(c) that each of the officers so assembled is eligible and not disqualified for serving on that court-martial.
(2) The court shall, further, if it is a general or district court-martial to which a judge-ad
.—(1) The court, when satisfied on the above matters, shall satisfy itself in respect of each charge about to be brought before them—
(a) that it appears to be laid against a person subject to the Act and to the jurisdiction of the court, and
(b) that each charge discloses an offence under the Act and is framed in accordance with these rules, and is so explicit as to enable the accused readily to understand what he has to answer.
(2) The court, if not satisfied on the above matters, shall report its opinion to the convening authority and may adjourn for that purpose.
When the court is satisfied as to the above facts, it shall cause the accused to be brought before the court, and the prosecutor who must be a person subject to air force law, shall take his place.
The order convening the court and the names of the presiding officer and members of the court shall then be read over to the accused and he shall be asked, as required by section 129, whether he objects to be tried by any officer sitting on the court. Any such objections shall be disposed of in accordance with the provisions of section 129:
Provided that—
(a) the accused shall state the names of all the officers to whom he objects before any objection is disposed of;
(b) the accused may call any person to give evidence in support of his objection, and such person may be questioned by the accused and by the court;
(c) if more than one officer is objected to, the objection to each officer shall be disposed of separately, and the objection in
As soon as the court is constituted with the proper number of officers who are not objected to, or the objections in respect of whom have been overruled, an oath or affirmation shall be administered to every member in one of the following forms or in such other form as the same purport as the court ascertains to be according to his religion or otherwise binding on his conscience:—
Form of Oath
“I ...................do 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 Air Force Act, 1950, without partiality, favour or affection; and if any doubt shall arise, then, according to my conscience, the best of my understanding and the custom of war in the like cases; and I do further swear that I will not, on a
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-martial, 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 bindng on the conscience of the person to be sworn or affrmed:—
(A) Judge-Advocate
Form of Oath
“I .................., do swear by Almighty God that I will to the best of my ability carry out the duties of Judge-Advocate in accordance with the Air Force Act, 1950, and the rules made thereunder and without partiality, favour or affection, and I do further swear that I will not on any account at
All oaths and affirmations shall be administered by a member of the court, the judge advocate, or some other person empowered by the court to administer such oath or affirmation.
(1) the members of the court and other persons are sworn or affirmed as above-mentioned, the accused shall be arraigned, on the charges against him.
(2) The charges upon which the accused is arraigned shall be read and, if necessary, translated to him, 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 any mistake in the name or description of the accused in the charge-sheet, the court may amend the charge-sheet so as to correct that mistake.
(2) If on the trial of any charge it appears to the court at any time before they have begun to examine the witnesses, that in the interests of justice any addition to, omission from, or alteration in the charge is required, they may report their opinion to the convening authority, and may adjourn, and the convening authority may either direct a new trial to be commenced, or amend the charge and order the trial to proceed with such amended charge after due notice to the accused.
(1) The accused, before pleading to a charge may offer a special plea to the general jurisdiction of the court; and if he does so and the court considers that anything stated in such plea shows that the court has no jurisdiction, they shall receive any evidence offered in support, together with any evidence offered by the prosecutor in disproof or qualification thereof, and any address by the accused and reply by the prosecutor in reference thereto.
(2) If the court overrules the special plea, they shall proceed with trial.
(3) If the court allows the special plea, it shall record its decision and the reasons for it, and report it to the convening authority and adjourn; such decision shall not require any confirmation, and the convening authority shall either forthwith convene another court for the trial of the accused, or order the accu
”.—(1) If no special plea to the general jurisdiction of the court is offered, or if such plea being offered, is overruled or is dealt with by a special decision under sub-rule (4) of rule 59, the accused person’s plea—“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) 1[If an accused person plead “guilty”, that plea shall be recorded; but, before it is recorded, the offcer conducting the proceeding, on behalf of 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 whch he has pleaded guilty, and of the difference in procedure which will be made by the plea of guilty, and shall advise him to wthdraw
.—(1) The accused, at the time of his general plea of “guilty” or “not guilty” to a charge for an offence, may offer a plea in bar of trial on the ground that—
(a) he has been previously convicted or acquitted of the offence by a competent criminal court or by a court-martial or has been dealt with summarily under section 82 or section 86 for the offence or a charge in respect of the offence has been dismissed as provided in sub-rule (2) of rule 24; or
(b) the offence has been pardoned or condoned by competent air force authority ; or
(c) the time which has elapsed between the commission of the offence and the commencement of the trial is more than three years, and the limit of time for trial is not extended under section 121.
(2) If he off
(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 fndings on those charges, shall proceed with the charges on which a plea of “guilty” has been entered; but if they 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, subject to sub-rule (2), instead of so trying him, proceed under sub-rule (3) in respect of the charges to which he has pleaded guilty.
(2) Where alternative charges are preferred and the accused pleads “not guilty” to the charge which alleges the more serious offence and “guilty” to the other, the court shall try the acused person as if he had pleaded “not guilty” to all the charges:
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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 will at once, subject to a compliance with sub-rules (2) and (4) of rule 60, record a plea and finding of “guilty”, and shall, so far as is necessary, proceed in the manner directed by rule 62.
After the plea of “not-guilty” to any charge is recorded, the trial shall proceed as follows:—
(a) the prosecutor may, if he desires, make an opening address;
(b) the evidence for the prosecutor shall then be taken;
(c) if it should be necessary for the prosecutor to give evidence for the prosecution on the facts of the case, he shall give it after the delivery of his address, and he must be sworn and give his evidence in detail;
(d) he may be cross-examined by the accused and afterwards may make any statement which might be made by a witness on re-examination.
(1) At the close of the case for prosecution, the accused may offer a plea that the evidence given on behalf of the prosecution, in respect of any one or more charges, has not established a prima facie case against him and that he should not, therefore, be called upon for his defence as respects such charge or charges.
(2) The court shall hear the address by the accused in support of such plea and the reply by the prosecutor thereto, and shall consider the plea in closed court; and if it is satisfied that the plea is well-founded in respect of any one or more charges to which it relates, it shall record a finding of “not-guilty” in respect of such charge or charges, and the accused shall thereafter be called upon for his defence only in respect of the remaining charges, if any, in the charge-sheet.
.—(1) At the close of the evidence for the prosecution if the plea for “no case” is not offered by the accused, or if offered is overruled, the accused may, if he so desires, make an opening address.
(2) The accused shall be asked if he has any thing to say in his defence and may make a statement in his defence.
(3) Any statement allowed under this or any other of these rules to be made by the accused, may be made either orally or in writing; but the accused making the statement shall not be sworn.
(4) The court or the judge advocate, if any, may question the accused for the purpose of enabling him to explain any circumstances appearing in his statement or in the evidence against him. The accused shall not render himself liable to punishment by refusing to answer such questions or by giving an
.—(1) The accused may call witnesses as to character.
(2) The prosecutor may, in reply to the witnesses as to character, produce proof of formal conviction either by a court-martial or by a criminal court and entries in the service conduct sheets.
(3) The prosecutor may address the court for the purpose of summing up the evidence for the prosecution.
(4) The accused may then address the court in his defence. The time at which such address is allowed is in these rules referred to as the time for the second address of the accused.
.—(1) The accused may call witnesses, including witnesses as to character.
(2) The prosecutor may with the permission of the court, call witnesses in reply.
(3) The accused may again address the court. The time at which such second address is allowed is in these rules referred to as the time for the second address of the accused.
(4) The prosecutor shall be entitled to address the court in reply.
.—(1) The judge-advocate, if any, shall unless both he and the court think summing up necessary, sum up in open court the whole case.
(2) After the summing up of the judge-advocate, no other address shall be allowed.
.—(1) The court shall deliberate on its finding in closed court.
(2) The opinion of each member of the court shall be taken separately on each charge.
(1) The finding on every charge 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 be found guilty on the charge as laid, the court shall acquit the accused of the charge.
(3) If the court doubts as regards any charge whether the facts proved show the accused to be guilty or not of the offence charged, or of any offence of which he might under the Act be found guilty on the charge as laid, it may, before recording a finding on that charge, refer to the confirming authority for an opinion setting out the facts which it finds to be proved, and may, if necessary, adjourn for that purpose.
If the finding on all the charges is “not guilty” the presiding officer shall date and sign the finding and such signature shall authenticate the whole of the proceedings, and the proceedings, upon being signed by the judge advocate, if any, shall be at once transmitted for confirmation to the person specified in rule 101.
(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 its sentence shall whenever possible, take evidence of and record general character, age, service, rank and any recognised acts of gallantry or distinguished conduct of the accused, any previous convictions of the accused either by a court-martial or a criminal court, any previous punishments awarded to him by an officer exercising authority under section 82 or 86 the length of time he has been in arrest or in confinement on any previous sentence, and any military or air force decoration or military or air force 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 sum
The court shall award one 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 the offence in each charge in respect of which it can be given, and not to be awarded in respect of any offence in a charge in respect of which it cannot be given.
.—(1) If the court makes a recommendation to mercy it shall give its reasons for its recommendation.
(2) The number of opinions by which a recommendation to mercy mentioned in this rule, or any question relative thereto, is adopted or rejected, may be entered in the proceedings.
.—(1) The sentence together with any recommendation to mercy and the reasons for any such recommendation shall be announced in open court as subject to confirmation.
(2) Upon the court awarding the sentence, the presiding officer shall date and sign the sentence and such signature shall authenticate the whole of the proceedings and the proceedings upon being signed by the judge advocate, if any, shall at once be transmitted for confirmation.
.—(1) Where the finding or sentence is sent back for revision under section 159, 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 also be taken in open Court. The Court shall then deliberate on its findings in closed Court.
(2) Where the finding is sent back for revision and the court does not adhere to its former finding, it shall revoke the finding and sentence, and record a new finding, and if such new finding involves a sentence, pass sentence afresh.
(3) Where the sentence alone is sent back for revision, the court shall not revise the findings.
1[(3A) The accused shall, if he so desires, be allowed to address the court before the court closes for deliberating on its findings or the sentenc
The charge, findings, sentence, and any recommendations to mercy shall, together with the confirmation or non-confirmation of the proceedings, be promulgated in such manner as the confirming authority may direct; and if no direction is given, according to the custom of the service.
.—(1) Where a sentence has been awarded by a court-martial in respect of offences in several charges, and the confirming authority confirms the finding on some but not on all of such charges, that authority shall take into consideration the fact of such non-confirmation and shall if it seems just, mitigate, remit, or commute the punishment awarded according as seems just, having regard to the offences in the charges the findings on which are confirmed.
(2) Where a sentence has been awarded by a court-martial in respect of offences in several charges and has been confirmed, and any one of such charges or the finding thereon is found to be invalid, the authority having power to mitigate, remit or commute the punishment awarded by the sentence shall take into consideration the fact of such invalidity, and if it seems just, mitigate remit or commute the punishment awarded according as
If the sentence of a court-martial is informally expressed, the confirming authority may, in confirming the sentence, vary the form so that it shall be properly expressed; and if the punishment awarded by the sentence is in excess of the punishment authorised by law, the confirming authority may vary the sentence so that the punishment shall not be in excess of the punishment authorized by law; and the confirming authority may confirm the finding and the sentence, as so varied, of the court-martial.
A member of a court-martial or an officer who has acted as prosecutor at a court-martial, shall not confirm the finding or sentence of that court-martial, and where such member or prosecutor becomes the confirming officer, he shall refer the finding and sentence of the court-martial to a superior authority competent to confirm the findings and sentences of the like description of court-martial.
The members of a court-martial shall take their seats according to their rank.
(1) The presiding officer is responsible that the trial is conducted in proper order, and in accordance with the Act and these rules, and will take care that every thing is conducted in a manner befitting a court of justice.
(2) It is the duty of the presiding officer to see that justice is administered, 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 shall be the duty of the prosecutor to assist the court in the administration of justice, to behave impartially, to bring the whole of the transaction before the court, and not to take any unfair advantage of or suppress any evidence in favour of the accused.
(2) The prosecutor may not refer to any matter, not relevant to the charge or charges then before the court and it is the duty of the court to stop him from so doing and also to restrain any undue violence of language or want of fairness or moderation on the part of the prosecutor.
1[(3) The court shall allow great latitude to the accused in makng his defence, he must abstain from any remakrs 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 the motives of
Where two or more accused persons are tried together and any evidence as to the facts of the case is tendered by any one or more of them, the evidence and addresses on the part of all accused persons shall be taken before the prosecutor replies, and the prosecutor shall make one address only in reply as regards all the accused persons.
(1) When the convening officer directs any charges against an accused person to be inserted in different charge-sheets, the accused shall be arraigned and until after the finding tried, upon each charge-sheet separately, and accordingly the procedure in rules 56 to 71 (both inclusive) shall until after the finding, be followed in respect of each charge-sheet, as if it contained the whole of the charges against the accused.
(2) The trials upon the several charge-sheets shall be in such order as the convening officer directs.
(3) When the court has tried the accused upon all the charge-sheets it shall, in the case of the finding being “not guilty” on all the charges, proceed as directed by rule 72 and in case of the finding on any one or more of the charges being “guilty” proceed as directed by rules 62 and 73 to 76 (both inclusive), in th
(1) When a court-martial sits in closed court on any deliberation amongst the members or otherwise, no person shall be present except the members of the court, the judge advocate, any officers under instruction, and if interpreter has been appointed and the court considers his presence necessary, the interpreter; and the court may either retire, or may cause the place where they sit to be cleared of all other persons not entitled to be present.
(2) Except as above-mentioned, all the proceedings, including the view of any place, shall be in open court and in the presence of the accused.
Subject to rule 87, the place in which a Court Martial is held for the purpose of trying an offence under the Act shall be deeemed to be an open Court to which the public generally may have access, so far as the same can conveniently contain them:
Provided that, if the Court is satisfied that it is necessary or expedient in the public interest or for the ends of justice so to do, the Court may at any stage of the trial of any particular case order that the public generally or any portion thereof or any particular person shall not have access to, or be or remain in the place in which the court is held.]
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1. Ins. by S.R.O. 5(E), dated 8th November, 1990.
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(1) A court-martial may sit at such times and for such period between the hours of six in the morning and six in the afternoon as may be directed by the proper air force authority or, in the absence of any such direction, as the court-martial may, from time to time, determine:
Provided that no court-martial shall, subject to the provisions of sub-rules (2) and (3), sit for more than six hours in any one day.
(2) Where the court-martial considers it necessary to continue the trial after six in the afternoon or to sit for more than six hours in any one day, it may do so but if it does so, the court-martial shall record in the proceedings the reasons for so doing.
(3) In cases requiring an immediate disposal or when the convening officer certifies under his hand that it is expedient in public int
(1) When a court is once assembled and the accused has been arraigned the court shall, subject to the provisions of rule 88, continue the trial from day to day unless it appears to the court that an adjournment is necessary for the ends of justice, or that such continuance is impracticable.
(2) A court may adjourn from time to time, and from place to place, and may, when necessary, view any place.
(3) A court-martial, in the absence of a judge advocate (if such has been appointed for that court-martial), shall not proceed, and, if necessary shall adjourn.
(4) The senior officer on the spot, may also, for exigencies of the service adjourn or prolong the adjournment of the court.
(5) If the time to which an adjournment is made is not specified, the ad
(1) Where, in consequence of anything arising while the court is sitting, the court is unable by reason of dissolution, as specified in section 17, 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.
(2) Where a court-martial is dissolved before the finding, or, in case of a finding of guilty, before award of the sentence, the proceedings of the court-martial, shall be null, and the accused may be tried by another court-martial.
In case of the death of the accused, or of such illness of the accused as renders it impossible to continue the trial, the court shall ascertain the fact of the death or illness by evidence and record the same, and adjourn, and transmit the proceedings to the convening authority.
In the case of the death, retirement on challenge or unavoidable absence of the presiding officer, the next senior officer shall take the place of the presiding officer and the trial shall proceed if the court is still composed of not less than the minimum number of officers of which it is required by law to consist.
.—(1) A member of a court, who has been absent while any part of the evidence on the trial of an accused person is taken, shall take no further part in the trial by that court of that person, but the proceedings of the court shall not be invalid unless reduced below the required minimum.
(2) An officer shall not be added to a court-martial after the accused has been arraigned.
(1) Every member of a court must give his opinion on every question which the court has to decide and must give his opinion as to the sentence, notwithstanding that he has given his opinion in favour of acquittal.
(2) The opinions of the members of the court shall be taken in succession beginning with the member lowest in rank.
If any question arises incidentally during the trial, the person, whether prosecutor or accused, requesting the opinion of the court, is to speak first; the other person is then to answer, and the first person is to be allowed to reply.
(1) A court may be sworn or affirmed at one time to try any number of accused persons then present before it, whether those persons are to be tried together or separately and each accused person shall have power to object to the members of the court, and shall be asked separately whether he objects to any member.
(2) In the case of several accused persons to be tried separately, the court, upon one of those persons objecting to a member, may, according as it thinks fit proceed to determine that objection or postpone the case of that person and swear or affirm the members of the court for the trial of the others alone.
(3) 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.
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(1) At any time during the trial an impartial person may, if the court thinks it necessary, and shall if either the prosecutor or the accused request it on any reasonable ground, be sworn or affirmed to act as interpreter.
(2) An impartial person may, at any time of the trial, if the court thinks it desirable, be sworn or affirmed to act as a shorthand writer.
(3) Before a person is sworn or affirmed as interpreter or shorthand writer, the accused shall be informed of the person who is proposed to be sworn or affirmed and may object to the person as not being impartial or for any reasonable cause; and the court, if it thinks that the objection is reasonable, shall not swear or affirm that person as interpreter or shorthand writer.
When any evidence is given in a language which any of the officers composing the court, the judge advocate, the prosecutor or the accused or his defending officer or counsel does not understand, that evidence shall be interpreted to such officer or person in a language which he understands. If an interpreter in such language has been appointed by the convening officer, and duly sworn or affirmed, the evidence shall be interpreted by him. If no such interpreter has been appointed and sworn or affirmed an impartial person shall be sworn or affirmed by the court as required by rule 97. When documents are put in 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.
The proceedings shall be deemed to be in the custody of the judge advocate (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, respectively, at all reasonable times.
The proceedings shall, as required under rule 72 or rule 76 be at once sent by the person having the custody thereof to such person as may be directed by the order convening the court, or, in default of any such direction, to the confirming officer.
(1) At any court-martial an accused person may be represented by any officer subject to air force law 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) It shall be the duty of the convening officer to ascertain whether an accused person desires to have a defending officer assigned to represent him at his trial and, if he does so desire, the convening officer shall use his best endeavours to ensure that the accused shall be so represented by suitable officer. If owing to service exigencies or for any other reason, there shall in the opinion of the convening officer be no such officer available for the purpose the convening officer shall give a written notice to the presiding officer of the court-martial, and such notice shall be attached to the proceedings.
(1) Subject to these rules counsel shall be allowed to appear on behalf of the prosecutor and accused at general and district courts-martial if the Chief of the Air Staff, or the convening officer declares that it is expedient to allow the appearance of counsel thereat, and such declaration may be made as regards all general and district courts-martial held in any particular place, or as regards any particular general or district court-martial, and may be made subject to such reservation as to cases on active service or otherwise, as seems expedient.
(2) Save as provided in rule 102, the rules with respect to counsel shall apply only to the courts-martial at which counsel are under this rule allowed to appear.
.—(1) Where an accused person gives notice of his intention to have counsel to assist him during the trial either on the day on which he is informed of the charge or at any time not being less than seven days before the trial, or such shorter time before the trial as the opinion of the court would have enabled the prosecutor to obtain, if he had thought fit, counsel to assist him during the trial or where such notice is given to the accused on the part of the prosecution, counsel may appear at the court-martial to assist the accused.
(2) If the convening officer so directs, counsel may appear on behalf of the prosecutor, but in that case, unless the notice under 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 c
The counsel appearing on behalf of the prosecution shall have the same duty as the prosecutor, and is subject to be stopped and restrained by the court in the manner provided by sub-rule (2) of rule 84.
The counsel appearing on behalf of the accused has the like rights and is under the like obligations as are specified in sub-rule (3) of rule 84 in the case of accused.
A certificate furnished in accordance with the provisions of section 23 hereinafter called a “discharge certificate”, may be so furnished either by personal delivery thereof by or on behalf of the commanding officer of the person dismissed, removed, discharged, retired or released or by its transmission by registered post to such person.
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