INDO-TIBETAN BORDER POLICE FORCE RULES, 1994
These rules may be called the Indo-Tibetan Border Police Force Rules, 1994.
(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.
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1. Vide G.S.R. 480(E), dated 30th May, 1994, published in the Gazette of India, Extra., Pt. II, Sec. 3(i), dated 30th May, 1994.
In these rules, unless the context otherwise requires,—
(a) “Act” means the Indo-Tibetan Border Police Force Act, 1992 (35 of 1992);
(b) “Appendix” means and Appendix annexed to these rules;
(c) “appointment” means appointment of a person to the Force and includes enrolment;
(d) “Commandant” means a person appointed by the Central Government as a Commandant (Non-Selection Grade) or Commandant (Selection Grade) to the Force under section 5;
(e) “Court” means the Force Court;
(f) “Detachment” includes any part of a battalion or a unit of the Force required or ordered to proceed on duty away from headquarters;
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Any report or application required to be made under these rules to a superior authority, or to a Force authority shall be made in writing through proper channel unless the said authority on account of exigencies of service or otherwise, dispenses with the writing.
.—(1) The forms set forth in the appendices, with such variations as the circumstances of each case may require, may be used for the respective purposes therein mentioned, and if used shall be sufficient, but a deviation from such Forms shall not, by reason only of such deviation, render invalid any charge, warrant, order, proceedings or any other 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 of jurisdiction given to any person holding any office in the Force to 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 Indo-Tibetan Border Police 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 he may deem fit in accordance with exigencies and circumstances of the case.
.—(1) The Indo-Tibetan Border Police Force shall consist of—
(a) Indo-Tibetan Border Police Force (Regular);
(b) Indo-Tibetan Border Police Force (Auxiliary).
(2) Officers, subordinate officers and enrolled persons appointed to or enrolled into the Indo-Tibetan Border Police 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 person appointed to or enrolled into the Indo-Tibetan Border Police 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
.—(1) For the purpose of sub-section (1) of section 4, the Force shall—
(i) safeguard the security of borders of India and promote sense of security among the people living in border area;
(ii) prevent trans-border crimes, smuggling, unauthorised entry into or exit from the territory of India and any other illegal activity;
(iii) provide security to sensitive installations, banks, persons of security risk;
(iv) restore and preserve order in any area in the event of disturbance therein.
(2) In discharging the functions under sub-rule (1), the responsibility for the command, discipline, administration, morale and training shall,—
(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 office
.—(1) No person, who has more than one wife living or who having a spouse living marries in any case in which such marriage is void by reason of its taking place during the life time of such spouse, shall be eligible for appointment, enrolment, or employment in the Force.
(2) Any person subject to the Act, who contracts or enters into a second marriage during the life time of his first spouse, shall render himself ineligible for retention in service and may be dismissed, removed or retired for service on ground of unsuitability:
Provided that the Central Government may, if satisfied that there are sufficient grounds for so ordering, exempt any person from the operation of this rule.
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 or employment of a subject of Nepal or Bhutan in the Force.
The Central Government may appoint such persons as it considers to be suitable as officers in the Force in the following manner, and their conditions of service shall be such as may be provided in the rules made in this behalf by the Central Government:—
(a) by direct recruitment;
(b) by transfer on deputation from the All India Services, Defence Forces, any other armed forces of the Union, State Police, any other department of the Central Government or of the State Government or autonomous bodies;
(c) by promotion as may be prescribed from time to time;
(d) by transfer;
(e) by re-employment.
Appointment to the posts of Subedar-Majors or Subedars may be made by the Inspector General of Sub-Inspectors by the Deputy Inspector General or Additional Deputy Inspector General, and of enrolled persons by the Commandant or any other officer of the Force who may be appointed as enrolling officer by the Director General respectively in the following manner and their conditions of service shall be such as may be provided in the rules by the Central Government in this behalf:—
(a) by direct recruitment;
(b) by transfer on deputation from the Defence Forces, any other armed forces of the Union, State Police, any other department of the Central Government or of the State Government or autonomous bodies;
(c) by promotion as may be prescribed from time to time;
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.—(1) A person appointed through direct recruitment as an officer, subordinate officer, or enrolled person shall be on probation for a period of two years.
(2) The Central Government in the case of officers and the authority prescribed in rule 13 in the case of subordinate officers and enrolled persons may, for the reasons to be recorded in writing, extend the period of probation for such further period or periods not exceeding two years or may during the period of probation, terminate his services without assigning any reasons.
(3) The provision of sub-rules (1) and (2) shall also be applicable to a person on his initial promotion as an officer. Persons who do not complete the period of probation satisfactorily are liable to be reverted to their former rank.
.—(1) Before a Force is enrolled as a member of the Force, the Commandant of a unit or any other officer who may be detained as an Enrolling Officer by the Director General, shall read and explain to him, or cause to be read and explained to him in his presence, the conditions of service of the post to which he is to be enrolled and shall put to him the questions contained in the form of enrolment as 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 his behalf by the Director General from time to time, the enrolling officer is satisfied that the person desirous of being enrolled, fully understands the que
.—(1) All Officers are liable for service with any other Armed Force of the Union as may be directed by the Government. In selecting officers for such service preference may be given to volunteers but if the requisite number of suitable volunteers is not forthcoming officers may be sent on transfer on deputation or detailed otherwise as considered necessary, by the Central Government.
(2) The provisions of this rule shall apply to and in relation to subordinate officers and enrolled persons as they apply to and in relation to any officer of the Force and the powers vested in the Central Government under sub-rule (1) shall be exercised by the Director General.
Authorities specified in the headings of columns 3 to 6 of the Table given below shall be competent to dismiss, remove, discharge, retire or release a member of the Force specified in the columns, on the grounds stated in the corresponding entries in column 2, in accordance with the procedure laid down in this chapter, Any power conferred by this rule or any provision of this chapter on any of the aforesaid authorities may also be exercise by any other authority superior to it.
Provided that the provisions of this chapter shall not apply to the persons on deputation with the Force.
TABLE
SI. No Grounds on which service can be terminated. Central Government Inspector General. DIG/ADIG Commandant
1 2 3 4
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 (1) 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 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 is satisfied that the trial of the office
.—(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 the 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 i
.—(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 Force Court; or
(b) where the authority as specified in rule 17 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
When it is proposed to discharge a person subject to the Act from service on account of unsatisfactory progress in training, the Commanding Officer of training establishment, where the person is undergoing training, shall make recommendation for suitable action to the Commanding Officer of the Battalion/Unit to which such person belongs for his discharge from service.
(2) In all cases of recommendations for discharge of a person, the Commanding Officer of the training establishment shall establish clearly the fact that the person has been given suitable warning and sufficient time to show progress, documentary evidence to this effect shall accompany the recommendation.
(3) The Central Government or as the case may be the authority as specified in rule 17, on receipt of recommendation under sub-rule (1), may discharge or release the perso
The Central Government, or as the case may be, the authority as specified in rule 17, may terminate the service of a person subject to the Act on grounds of furnishing false/incorrect information at the time of appointment of that person in the service. A show cause notice giving one month’s time shall be issued to the individual before termination of his service.
.—(1) Where an officer not below the rank of Additional Deputy Inspector General considers that an officer of the Force is unfit to perform his duties because of his physical condition, 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, if it agrees with the findings of the Medical Board, communicate to the said officer the findings of the Medical Board and thereupon, within a period of thirty days of such communication, the officer may make a representation against it to the Central Government supported by a prima-facie evidence of error of judgment in the opinion expressed by
Where a Commanding Officer not below the rank of Commandant is satisfied that a subordinate officer is unsuitable to be retained in service, the subordinate officer shall be—
(a) so informed;
(b) furnished with the particulars of all matters adverse to him; and
(c) 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 authority as specified in rule 17, is satisfied that for reasons to be recorded by it in writing, if is not expedient or reasonably practicable to comply with the provisions thereof:
Provided further that such competent authority may not furnish to the subord
Where a Commanding Officer not below the rank of Commandant is satisfied that an enrolled person is unsuitable to be retained in the Force, the enrolled person shall be—
(a) so informed;
(b) furnished with the particulars of all matters adverse to him; and
(c) 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 Commanding Officer not below the rank of Commandant 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 such competent authority may not furnish t
1) Where a Commanding Officer not below the rank of Commandant is satisfied that a subordinate officer or an enrolled person is unable to perform his duties by reason of any physical disability, he may direct that the said subordinate officer or enrolled person, as the case may be, 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 said subordinate officer or the enrolled person is found by the Medical Board to be unfit for further service in the Force, as the case may be, the authority as specified in rule 17, if he agrees with the findings of the Medical Board, communicate to the said person the findings of the Medical Board and thereupon, within a period of 30 days of such communic
.—(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 completing the term of engagement:
Provided that before granting such permission the Central Government may require the officer to refund to the Government 3 months pay and allowances drawn by him or the cost of training imparted to him, whichever is higher.
(2) The Central Government may accept the resignation under sub-rule (1) with effect from such date as it may consider expedient.
(3) The Central Government may refuse to permit an officer to resign.—
(a) if an emergency has been declared in the country either due to internal disturbance or external aggression; or
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A person subject to the Act other than an officer who has been dismissed, removed or compulsorily retired from service, shall have the right to put in an appeal against the termination of his service to any of the authority, higher than the one who has passed the termination order within ninety days of the termination of service.
(2) In the case of officers, appeal shall lie to the Central Government and such appeal shall be filed within ninety days of the termination of service.
(3) Where the appellate authority sets aside the order of dismissal, removal or retirement under this rule, such authority 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.
.—(1) The effective date of dismissal, removal, discharge, retirement shall be—
(a) the date mentioned in the order of dismissal or removal or discharge or retirement, or
(b) if no such date is mentioned, the date on which the person concerned is relieved from duties.
(2) The dismissal, removal, discharge or retirement of a person subject to the Act shall not be from retrospective effect.
.—(1) Arrest may be either open 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 the 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
.—(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 the place of his conf
.—(1) Any person arrested under rule 31 may be released from arrest under the order of an officer:
Provided that in case of a person placed under arrest by an officer, such person shall be released from arrest under the order of an officer superior to the officer ordering arrest.
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 Commanding Officer or by any officer superior to such Commanding Officer.
.—(1) Any person charged with—
(i) an offence under section 16 or clause (a) or clause (b) of section 18 or section 19 or section 22 or sub-section (1) of section 23.
(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 a drunken person has been arrested, he shall, as far as possible, be confined separately and shall be visited by duty officer or duty subordinate officer or duty under officer or under officer incharge of the guard, once every two hours.
(2) A drunken 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 by his Commanding Officer and shall remain under arrest during the trial.
(2) Where a sentence lower than that of imprisonment is passed by a Court, the arrested person may be released by his Commanding Officer pending confirmation of the finding and sentence:
Provided that the convening officer may rescind, vary or modify the order passed by a Commanding Officer under sub-rule (1) or sub-rule (2) and where no such order is passed by a Commanding Officer, the convening officer may pass such order as it may deem proper:
Provided further that a person who has been sentenced to be dismissed shall not, except while on active duty, be put
.—(1) (a) The report on reason for delay is required under section 71 of the Act shall be in the Form set out in Appendix II and it shall be sent by the Commanding Officer to the Deputy Inspector General or Additional Deputy Inspector General under whom the accused may be serving.
(b) A copy of the eighth delay report and every succeeding report thereof shall also be sent to the Inspector General under whom the accused may be serving.
(2) Where the accused is kept under arrest for a period exceeding three months without being brought to trial, a special report regarding the action taken and the reasons for the delay shall be sent by the Commanding Officer to the Director General with a copy each to the Deputy Inspector General or Additional 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 of the particulars of the charges against him.
(b) 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 duty officer or duty subordinate officer shall every day make a visit to the person under arrest and take the orders of the Commanding Officer on any request or representation made by the person under arrest.
(b) The request or representation made by the person under arrest shall be entered in the Form set out in Appendix. III.
.—(1) Notwithstanding anything contained in these rules the appointing authority may, at its discretion, place a person serving under him, under suspension—
(i) where 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 of the security of the State; or
(iii) where a case against him in respect of any civil offence is under investigation, inquiry or trial.
(2) A person subject to the Act shall be deemed to have been placed under suspension by an order of the appointing authority—
(i) with effect from the date of his detention by
.—(1) Where an offence is triable both by a Criminal Court and a Force Court, an officer referred to in section 92 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 Force Court; and
(ii) in any other case, decide whether or not it would be necessary in the i
Without prejudice to the provisions of sub-rule (1) of rule 41, an offender may not normally be claimed for trial by a Force Court—
(i) where the offence is committed by him along with any other person not subject to the Act whose identity is known; or
(ii) 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, has committed an offence punishable under the Act, the allegation shall be reduced to writing in the Form set out in Appendix IV in the case of persons of and below the rank of Head-Constable and in the Form set out in Appendix V in the case of officers and subordinate officers.
.—(1) (a) In the case of a person, subject to the Act, other than an officer and a subordinate officer, the case may, in the first instance, be heard by an officer not below the rank of Assistant Commandant;
(b) the witnesses shall be heard in the presence of the accused who shall have the right to cross examine them;
(c) the accused shall have the right to call witnesses in defence and to make a statement.
(2) After hearing the accused under sub-rule (1), such officer may award any punishment which he is empowered to award, or dismiss the charge when the charge is not proved, or refer the case for disposal by the Commanding Officer:
Provided that he shall not dispose of the case which has been reserved by the Commanding Officer for disposal by hims
.—(1) The Commanding Officer of and above the rank of Commandant may hear the charge against the persons under his command in accordance with the provisions of sub-rule (1) of rule 44 and may—
(i) award any punishment which he is empowered to award in respect of persons of and below the rank of Head Constable, or
(ii) dismiss the charge; or
(iii) remand the case of preparing a record of evidence or an abstract of evidence against the accused; or
(iv) in the case of an accused of and below the rank of a Head-Constable remand the accused for trial by Summary Force Court;
Provided that—
(a) in the case of an officer, the e
.—(1) Where an officer is remanded for the summary disposal of a charge against him, he shall be provided substance evidence available against him or a copy of the record or abstract of evidence, if prepared, along with a copy of the charge-sheet as soon as practicable and in any case not less than 24 hours before the commencement of the proceedings.
(2) The officer dealing with the case under section 58 shall, unless the accused has consented in writing to dispense with the attendance of witnesses, hear the evidence in the presence of the accused who shall have the right to cross-examine witnesses. The accused shall have the right to call any witness and make a statement in his defence.
(3) Proceedings shall be recorded as far as practicable in accordance with the Form in Appendix XIV, and in every case in which the punishment is awarde
.—(1) Where a subordinate officer is charged with an offence under the Act, he shall be dealt with by the authority empowered under section 58 in the same manner as nearly as circumstances admit, as provided in rule 46.
(2) Proceedings shall be recorded as soon as practicable in accordance with the Form in Appendix XIV and in every case in which the punishment is awarded, the proceedings alongwith substance of evidence or record or abstract of evidence, as the case may be, shall be forwarded to the next higher authority through the Judge Attorney-General or any officer authorised by him who may, if the punishment awarded appears to him to be illegal, unjust, excessive or inadequate vary or remit the punishment or set-aside the proceedings or enhance the punishment or make such other directions as may be appropriate in the circumstances of the case:
The Commanding Officer shall not deal with any case:—
(i) where the offence with which the accused is charged is against the Commanding Officer himself, or
(ii) where the Commanding Officer is himself a witness in the case against the accused, or
(iii) where the Commanding Officer is otherwise personally interested in the case.
The accused shall be attached to another battalion or unit or a headquarters for disposal of the case under the order of the competent authority:
Provided that a Commanding Officer 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 Commanding Office
A charge for an offence under section 16 or clauses (a) and (b) of section 18 or section 19 or clause (a) of sub-section (1) of section 20 or clause (a) of section 22 or clause (a) of section 27 or section 49 (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) The Commanding Officer 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.
(3) After all the witnesses against the accused have been examined, he shall be cautioned in the following terms:—
“You may make a statement if you wish to do so, you are not bound to make one and whatever you state shall be taken down in writing and may be used in evidence”.
After having been cautioned in the aforesaid manner whatever the accused states shall be taken down in writing.
(4) The accused may call witness
(1) An abstract of evidence shall be prepared either by the Commanding officer or an officer detailed by him.
(2) (a) The abstract of evidence, shall include:
(i) signed statements of witnesses wherever available or a precis thereof, and
(ii) copies of all documents intended to be produced at the trial.
(b) where signed statements of any witnesses are not available, a precis of the evidence that the witnesses are likely to give shall be included.
(3) A copy of the abstract of evidence shall be given by the officer making the same available 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)
Where the Commanding Officer 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 Commanding Officer.
(2) The Commanding Officer may, after going through the record or abstract of evidence prepared by him or by another officer,—
(i) remand the case for recording additional evidence, if required; or
(ii) dismiss the charge provided that where disciplinary action has been initiated against an officer on a reference from a superior authority, the charge shall not be dismissed without reference to such an authority, or
(iii) rehear the charge and award one of the summary/minor punishments; or
(iv) try the accused summar
An application for a court shall, as far as possible, be made by the Commanding Officer in the Form set out in Appendix VI 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 shall contain the whole of the issue or issues to be tried 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 sections 20, 21, 32 and 35 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, as far as possible, be prepared as per Form set out in Appendix V.
.—(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.
(
.—(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 through 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 55.
A charge-sheet shall not be invalid merely by reasons 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 clerical error or omission;
the Court may amend the charge-sheet so as to a correct the mistake.
(2) If at any time during a trial, at which there is a Judge Attorney, it appears to the court, before it closes to deliberate on its findings, that it is desirable in the interest of justice to make any addition to, omission from or alteration in, a charge which cannot be made under sub-rule (1), it may, if such addition, omission, or alteration can be made without unfairness to the accused, and with the concurrence of the Judge Attorney, so am
When a Force Court reports to the convening officer either under rule 59 or rule 75 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 interest 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 scrutinize the charge and the evidence against the accused, where necessary, in consultation with the Judge Attorney General or an officer detailed for the purpose, by the Judge Attorney-General and he,
(i) shall direct the Commanding Officer 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 Commanding Officer for being tried by a Summary Force Court or being dealt with summarily if he considers that the same can be adequately so tried or dealt with; or
(iii) may dispose of the case administratively and if he
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 Commanding Officer of the accused, Deputy Inspector General or the Additional Deputy Inspector General under whose command the unit in which the accused was serving at the time the alleged offence was committed; or
(v) has a personal interest in the case.
.—(1) A court shall consist, as far as practicable, of officers of different 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.
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 Commanding Officer;
(c) if he is of the opinion that charges shall be put in separate charge sheets, so direct and shall also direct the order in which they are to be tried;
(d) direct, if there is more than one accused whether the accused are to be tried jointly or separately;
(e) appoint members of the court and any waiting members;
(f) if conven
.—(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, as far as possible, of the choice of the accused, 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 t
.—(1) Subject to the provisions of sub-rules (2) and (3), the Commanding Officer shall, on a request made in this behalf by the accused, summon such witnesses as are specified by the accused.
(2) Where the Commanding Officer 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 and while doing so shall record in writing the reasons for not calling the witness.
(3) The Commanding Officer 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 Commanding Officer may refuse to procure the attendance of that witness.
(4) Where the Commanding Officer
.—(1) Upon a 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 the members have been duly appointed and are not disqualified under the Act;
(e) that if there is a Judge Attorney, 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; an
.—(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 the provisions of section 96.
(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 on the court in accordance with sub-rule (1) 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 on oath or affirmation shall be administered to every member in presence of the accused in one of the following Forms or in such other Form to the same purport as the court ascertains to be according to his religion or otherwise binding on his conscience.
Form of Oath
I, ...............................swear by Almighty God, that I will, well and truly, try the accused (or accused persons), before the court, according to the evidence, and that I will, duly administer justice, in accordance with the provisions of the Indo-Tibetan Border Police Force Act, 1992 without partiality, favour or affection; and I do further swear that I will not, on any account, at any time, whatsoever, disclose or dis
After the members of the Court are all sworn or have made affirmation, on 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 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 objections as being unreasonable.
The accused shall not be permitted to object to the Judge Attorney or the prosecutor.
.—(1) When the court and the Judge Attorney (if any) have been sworn, the charge will be read to the accused and he 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 80, 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 of the convening officer.
(3) When the court reports to the convening officer under his rule, the convening officer shall—
(a) if he approves the decision of the court to allow the plea, dissolved the court;
(b
.—(1) An accused before pleading may object to the charge framed against him on the grounds that it is not correct in law or is not framed in accordance with the provisions of these rules. 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-sheet in accordance with the provisions of rule 59 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, proceed with the trial of the accused for such other charge or other charge-sheet.
(3) When the court reports to the convening officer under sub-rule (2) the convening officer shall:—
.—(1) An accused before pleading to charge may offer a plea that the trial is barred under section 87 or section 88. 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 for another charge-sheet before the court, the court may, before adjourning under this rule, proceed with the trial of the accused for such other charge or other charge-sheet.
(3) When a court report
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 has been framed in a separate charge-sheet.
.—(1) After any plea under rules 74 and 76, any objection under rule 75 and any applications under rules 77 and 78 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 105 to find an accused guilty or 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 100, 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 and variations.
.—(1) Where an accused pleads guilty to a charge under either sub-rule (1) or sub-rule (2) of rule 79, the presiding officer or Judge Attorney 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 to difference in procedure when an accused pleads guilty and when an accused pleads not guilty.
(2) The court shall then cause the prosecutor to read the record or abstract of evidence to the court or inform the court of the facts contained therein:
Provided that if an expurgated copy of the record or abstract of evidence was sent to the presiding officer, the prosecutor shall not read to the court those parts of the record or abstract of evidence which have been expurgated or inform the court of the facts contained in those parts, and shall not h
.—(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 of the alternative charge before the accused is arraigned on it.
(2) When an accused pleads guilty to one or 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
.—(1) After the court has recorded a finding of guilty, if there is no other charge in the same charge-sheet to which the accused has pleaded not guilty and no other accused who has pleaded not guilty to a charge in that charge-sheet, it shall proceed with the trial as directed by rule 80.
(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 guilty to a charge-sheet in that accused who has pleaded not guilty to a charge in that charge-sheet, the court shall not comply with rule 80 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) 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 81) and in such a case the court shall, if it is satisfied that it can accept the accused’s changed plea, record a finding in accordance with the accused’s changed plea and so far as is necessary proceed as directed by rule 80.
(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 the alternative t
After a plea of not guilty to any charge has been recorded—
(i) the court shall ask the accused whether he wishes to apply for an adjournment on the ground that any of these rules relating to procedure before trial have not been complied with and that he has been prejudiced thereby or on the ground that he has not 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;
.—(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 to 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 at a reasonable time before the evidence is adduced. If such evidence is adduced without such notice or particulars having been given, the court may, if the accused so desires, either adjourn after receiving the evidence or allow any cross-examination arising out of that evidence to be postponed, and the court shall inform the accused of his right to apply for such an adjournment or postponement.
The prosecutor shall not be bound to call all the witnesses against the accused whose evidence is contained in the record or abstract of evidence, nor a witness when he had notified the accused that he intends to call under rule 86, but if the prosecutor does not intend to call such witness to give evidence, he shall 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 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.
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 during 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 Judge Attorney, 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 sha
.—(1) The presiding officer, the Judge Attorney 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 Judge Attorney (if any), it is unnecessary to do so:
Provided that if any witness so demands, sub-rule (1) shall be complied with.
.—(1) (a) The court may at any time before it closes to deliberate in its finding or if there is a Judge Attorney before he begins to sum up, call a witness or recall a witness, if in the opinion of the court it is in the interest of justice to do so.
(b) Where the court calls a witness or recalls a witness under this rule, the prosecutor and the accused may put such questions to the witness as seem proper to the court.
(2) The prosecutor and the accused may, at any time before the court closes to deliberate on its finding or if there is a Judge Attorney 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 of 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 that prosecutor may address the court in answer there to 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 105 or sub-rule (4) of rule 100,
&
.—(1) After the close of the case for the prosecution, the presiding officer or the Judge Attorney (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 given 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 e
.—(1) After rule 94 has been complied with, the witnesses for the defence (if any) shall be called to give their evidence.
(2) The provisions of rules 89, 90 and 91 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 no 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 address, if there is a Judge Attorney, 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 close court in the presence of the Judge Attorney.
(2) The opinion of each member of the court as to the finding shall be given by word of mouth on each charge separately starting with the junior most in rank.
.—(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”.
(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 acquit the accused of that charge.
(3) If the court has doubts as regards any charge whether the facts proved show the accused to be guilty of 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.
(4) Where the court
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 Judge Attorney (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 its sentence, the court, before deliberating on the sentence, shall, whenever possible, taken 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 Force Court or a Criminal Court, any previous punishment awarded to him by an officer exercising authority under section 56 or section 58 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 of the above matter 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 can not be legally given.
.—(1) Where the court makes a recommendation to mercy it shall give its reasons for such recommendation.
(2) The number of the members of the court making recommendations to mercy mentioned in this rule or any question relating thereto, may be entered in the proceedings.
(1) The sentence together with any recommendation to mercy and the reasons far any such recommendation shall be announced forthwith in open Court. The sentence shall be announced subject to confirmation.
(2) Upon the Court awarding the sentence, the presiding officer shall affix his signature and date to the sentence and such signatures shall authenticate the whole of the proceedings and the proceedings upon being signed by the Judge Attorney (if any) ; shall at once be transmitted for confirmation.
.—(1) (a) Where the finding is sent back for revision under section 127, 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 that 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 Judge Attorney 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 a
.—(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 117 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 80 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 interest of justice to do so.
(3) (a) When a court has rejected a plea to the jurisdiction the plea or to over-rule the objection it shall withhold non-objection to a charge, it shall not be necessary f
.—(1) The members of 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 provisions of the Act, and 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 disadvantages in consequence of his position as a person under trial, or of his ignorance, or of his incapacity to examine or cross-examine witnesses, or otherwise.
(1) It is the duty of the prosecutor to assist the Court in the administration of justice, to behave impartially, to bring the whole of the translation 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, 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 making any remarks contemptuous or disrespectful towards the Court, and from coarse and insulting language to wards others, but he may for the purpose of his defence impeach the evidence and cha
.—(1) A court shall, where it is so directed by these rules and may in 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 Judge Attorney (if any) and any officer under instruction.
(3) For the purpose of giving effect to the provisions of sub-rules, (1) and (2) 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 mentioned in sub-rules (1), (2) and (3) 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 y
.—(1) Once the court is assembled and the accused has been arraigned, the court shall 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) 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 Judge Attorney (if one has been appointed for that court) shall not proceed, and shall adjourn.
(5) If the time to which an adjournment is made i
.—(1) Where in consequence of anything arising while the court is sitting, the court is unable by reason of dissolution as specified in section 83 or otherwise, to continue the trial, the presiding officer or, in his absence the senior member present, shall immediately report the facts to the convening authority.
In case of the death of the accused or of such illness of the accused as renders it impossible to continue the trial, the court shall ascertain the fact of the death or illness by evidence and record the same and adjourn and transmit the proceedings to the convening authority.
In the case of the death, retirement on challenge or unavoidable absence of the presiding officer, the next senior officer shall take the place of the presiding officer and the trial shall proceed if the court is still composed of not less the minimum number of officers of which it is required by law to consist.
.—(1) All the members of the court shall remain present during the trial of an accused. Any 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 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 comprising the court, the accused or the Judge Attorney does not understand, it shall be translated into a language which he understands.
(1) At a Court, the Judge Attorney 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 Judge Attorney 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 Judge Attorney.
(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 Judge Attorney 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 sh
The proceedings shall be deemed to be in the custody of the Judge Attorney (if any), or, if there is none, of the presiding officer, but may, with proper precaution for their safety, be inspected by the members of the court, the prosecutor and accused, at all reasonable times before the court is closed to consider the findings.
The proceedings of a General Force court and Petty Force court shall be sent by the person having the custody thereof to the Judge Attorney-General for review, who shall then forward the same to the confirming authority.
.—(1) At any General or Petty 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 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 an 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, address the court.
An accused person intending to be represented by a counsel shall give to his Commanding Officer 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 concerning officer so directs counsel may appear along with the prosecutor, but in that case, unless the notice referred to in sub-rule (1) has been given by the accused, notice of the direction for counsel to appear shall be given to the accused at such time. But in any case the notice shall not be 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 cou
An officer who is disqualified for sitting on a court, shall be disqualified for acting as a Judge Attorney at that court.
In the case of death or illness or any other cause which makes the Judge Attorney unable to attend, in that case the Court shall adjourn, and the presiding officer shall report accordingly to the convening officer. On receipt of the report the convening officer may appoint another person who shall be sworn or affirmed, and act as Judge Attorney for the reside of the trial, or unit the Judge Attorney returns as the case may be.
Where a Judge Attorney has been named to act on the court, he shall,—
(a) give his opinion on any question of law relating to the charge of trial whenever so required by the court, 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 Judge Attorney to ensure that the accused does not suffer any disadvantage in consequence of his position as
Where the court finds either that an 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 Force court, the officer holding the trial, shall affix his signature and the date on the finding which shall also be signed by the Judge Attorney (if any) and thereupon the proceedings, shall, at once, be transmitted to the confirming authority or in the case of Summary Force court to the Deputy Inspector General or the Additional Deputy Inspector General empowered to countersign them.
The proceedings of every court shall, after promulgation, be forwarded to the officer of the Judge Attorney General and be preserved there for not less than three years, or until the sentence awarded by the court has expired whichever is later.
Every person tried by a 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 Judge Attorney General a copy thereof, including the proceedings upon revision, if any.
Notwithstanding anything contained in rule 130, 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 provisions of 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 times and such places as the Central Government or any authority autho
.—(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 Judge Attorney 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 in sub-rules (1) and (2) the finding and sentence may be confirmed, and shall be valid as if the original proceedings or part thereof had not been lost.
(4) If the accused refuses the assent referred to in sub-rule (2), he may be tried again, and the fin
When a court is of opinion that there is ground for inquiring into any offence specified in sections 40 and 41 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:—
(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 Commanding Officer.
(b) if the person who appears to have done the act is amenable to a law relating to any Armed Force, the court may bring his conduct to the notice of the Force authority, as the case may be;
(c) in other cases the officer who summoned the witness to appear or the presiding officer or officer holding the cou
.—(1) The officer holding the trial (hereinafter in this Chapter called the court) shall record, or cause to be recorded the transactions of every Summary Force Court.
(2) The court may appoint a shorthand writer to record the proceedings of the court. Such shorthand writer shall be duly sworn or affirmed as per Form given in rule 70.
.—(1) When any evidence is given in a language which the court or the accused does not understand, that evidence shall be translated to the court or accused as the case may be in a language which it or he does understand.
(2) The court shall for this purpose either appoint an interpreter, or shall itself take the oath or affirmation prescribed for the interpreter at a Summary 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 137 shall be taken by the persons mentioned therein.
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, in accordance with the provisions of the lndo-Tibetan Border Police Force Act, 1992, without partiality, favour or affection.
Form of Affirmation
I, ..................................do, solemnly, sincerely and truly declare and affirm, that I will duly administer justice, in accordance with the provisions of the lndo-Tibetan Border Police Force Act, 1992, without partiality, favour or affection.
.—(1) A Summary 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 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 mentioned above, the accused shall be arraigned on the charges framed 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 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 many amend such charge and may, after due notice to the accused, and with the sanction of the officer empowered to convene a Petty 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 persons’ 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 gu
”.—(1) Union 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 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 proce
The accused may, if he thinks fit at any time during 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 143, record a plea and finding of “Guilty” and shall, so far as if necessary, proceed in the manner specified in rule 144.
”.—(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 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 90, 91 and 92 shall, so far as may be, apply to the evidence of witnesses at a Summary Force Court as they apply to the evidence of witnesses at a General Force Court or Petty Force Court.
.—(1) The court shall after the evidence for prosecution and defence has been heard, record its findings.
(2) 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”.
(3) 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 laid, the court shall find the accused “Not Guilty” of that charge.
(4) Where the court is of opinion as regards any charge that the facts which it finds to be proved in evidence differ materially from the facts alleged in the statement of particulars in the charge but are nevertheless sufficient to prov
Where the findings on each of the charges on a charge-sheet is “Not Guilty”, the court shall affix its signature and date to 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 Force Court, Court or a Criminal Court, any previous punishment awarded to him by an officer exercising authority under section 56 the length of time he has been in arrest or in confinement or any previous sentence, and any decoration, or reward, of which he may be in possession or to which he may be entitled.
(2) Where the court does not record the matters mentioned in this rule of its own knowledge evidence on these matters may be taken in the manner specified in rule 102 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 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 rule 151 as the case may be.
.—(1) The officer holding the trial may clear the court to consider the evidence or to consult with the officers and subordinate 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.
A court may,—
(a) from time to time adjourn its proceedings and meet at such place and time as may be convenient; and
(b) wherever necessary visit the scene of occurrence.
During a trial at a Summary Force Court an accused may take the assistance of any person including a legal practitioner, as he may consider necessary:
Providing that such person shall not examine or cross-examine witnesses or address the court.
Where Summary Force Court tries an offence which shall not ordinarily be tried without reference to an authority mentioned in sub-section (2) of section 86, an explanatory memorandum shall be attached to the proceedings.
The sentence of a Summary 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 as carried out without delay after promulgation.
The proceedings of a Summary Force court shall, immediately on promulgation be forwarded through the Judge Attorney-General, or an officer nominated by him for the purpose to the Deputy Inspector General or the Additional Deputy Inspector General under whom the accused may be serving.
(1) Where the Deputy Inspector General or the Additional Deputy Inspector General to whom the proceedings of a Summary 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 section 51.
(2) Where no action under sub-rule (1) has been taken he shall countersign the proceedings and return it to the unit of the accused for promulgation.
(3) The proceedings shall after its promulgation, be forwarded to the Judge Attorney-General for
The provisions of Chapters IX and X of these rules shall not apply to trials by Summary Force Court in so far as they are in consistent with any of the provisions contained in this Chapter pertaining to Summary Force Court.
.—(1) A confirming authority or in the case of a Summary Force Court, the court, shall direct that the sentence of imprisonment shall be undergone by confinement either in a civil prison or in Force custody.
(2) Such direction may be varied by any superior officer.
.—(1) Warrants for committing a person to a civil prison to undergo sentence of imprisonment or to get such person back into Force custody if so required or to order the release of such a person from civil prison or any variation done by any superior officer shall be in such Form as may be appropriate to each set out in Appendix X.
(2) Such warrants shall be signed by the Commanding Officer of the accused or by a staff officer on behalf of an Additional Deputy Inspector General, 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 set 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 Commanding Officer on the appropriate warrant.
(2) Where an accused person is sentenced to death by being shot, a warrant in the appropriate Form set out in Appendix XI shall be issued by the Director General, to Deputy Inspector General or Additional 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 or Additional 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 Commanding Officer or such other person as mentioned in rule 164 in the Form set out in Appendix XII.
.—(1) Sentence of dismissal shall take effect from the date of promulgation of such sentence or from any subsequent date as may be specified at the time of promulgation.
(2) A sentence of dismissal combined with imprisonment to be undergone in a civil prison shall not take effect until such person has been committed to a civil prison.
.—(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 or authority mentioned in section 131.
(2) In the case of a Summary Force Court he shall be allowed to put in one petition only to any of the officers mentioned in section 131.
.—(1) A petition, before confirmation, shall be submitted, within two weeks 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 computing period of 3 months.
.—(1) (a) A petition by a person who is still a member of the Force shall be submitted through his Commanding Officer.
(b) A petition by a person who has ceased to be a member of the Force may be submitted to the Commanding Officer of the unit in which the trial was held.
(2) An officer to whom a petition is submitted or to whom a petition has been forwarded shall forward it to the next superior within a period of one week:
Provided that an officer may not forward a petition if he is competent to give the redress asked for and decides to do so.
(3) An officer receiving a petition shall send it to the Judge Attorney General or to the officer approved by him for advice.
.—(1) A Court of Inquiry may consist of one or more members. If only one member is appointed he shall be an officer, if more than one members are appointed, at least one of them should be an officer. Persons not subject to the Act, may also be appointed as additional members when the court is to investigate matters of such a specialised nature as may require the assistance of specialised persons for proper investigation.
(2) The member or members of a Court of Inquiry ordered to be held into the conduct of an officer shall not be of a lower rank than the rank of such an officer. In case it is not possible to appoint all the members of the same or the higher rank, atleast the presiding officer of such a court of Inquiry shall be of a higher rank than the officer whose conduct is under inquiry.
.—(1) A Court of Inquiry may be assembled by order of a Commanding Officer not below the rank of Commandant or any officer or authority superior to him.
(2) 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.
The members of the court shall not be sworn or affirmed, but when the court is a Court of Inquiry or recovered prisoners of war, the members shall make the following declaration:—
“I do declare upon my honour that I will duly and impartially inquire into and given my opinion as to the circumstances in which ................................ become a prisoner of war, according to the true spirit and meaning of the Standing Order of the Force; and I do further declare, upon my honour that I will not, on any account, or at any time disclose or discover my own vote or opinion or that of any particular member of the court, unless required to do so by competent authority.”
.—(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 witness shall be taken on oath or affirmation and signed by them after the same has been read over and explained to them.
Explanation.—The court shall administer the oath or affirmation to witnesses as if the court were a Force Court.
(3) Evidence given by witnesses shall be recorded in narrative form unless the court considers that any question and answers may be recorded as such.
(4) The court may take into consideration any documents even though they are not formally proved after recording the reasons thereof.
(5) The c
.—(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 sections 60 and 65 or section 74, 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 exists.
(ii) in cases when such report cannot, for any reasons be delivered within a reasonable time, the Commanding Officer or the senior most officer of the unit present shall prepare a report in Form set out in Appendix XIII.
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 thee proceedings may pass final orders thereon himself, if he is empowered to do so, or refer them to a superior authority.
person subject to the Act against whom the Court of Inquiry has given an opinion or who is being tried by a Force Court on a charge relating to matter investigated by the Court of Inquiry, shall be entitled to copies of the proceedings of the Court of Inquiries unless the Director General orders otherwise.
Explanation.—For the purpose of this Chapter court means court of Inquiry.
Officer not below the rank of Commandant may, under sub-section (2) of 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 purpose of sub-section (1) of section 13 shall be—
(i) Director General in respect of all personnel subject to the Act other than officers.
(ii) Central Government in respect of officers.
Any power conferred under this rule on any of the aforesaid officer may also be exercised by any officer superior to that officer.
The following shall be the prescribed officers for the purpose of sections 61(2)(i) and 62:—
(i) Commandant in case of subordinate officers and enrolled persons.
(ii) Director General in the case of officers.
Any power conferred under this rule on any of the aforesaid officer may also be exercised by any officer superior to that officer.
Any authority superior to the one awarding any deductions under Chapter V of the Act shall be competent to remit the whole or part of the said deductions.
The prescribed officer for the purpose of sub-section (1) of section 75 shall be the officer commanding a zone, sector or training institution or an officer commanding the Force in the field.
.—(1) The prescribed officer for the purposes of section 112 shall be—
(a) in the case of trial by Summary Force Court, the Commanding Officer of the Unit to which the accused person belongs, or any authority superior to such Commanding Officer.
(b) in the case of trial by any other court, the convening officer or any authority superior to him.
(2) When the officer who proposes to act as a prescribed officer under sub-rule (1) is under the command of the officer who has taken action in the case under sub-section (4) of section 111, he shall ordinarily obtain the approval of such officer before the acts but if he is of opinion that service exigencies, or the necessities of discipline, render it impossible or inexpedient to obtain such approval, be may act without obtaining such
The prescribed officer for the purpose of section 132 shall be the officer commanding a zone, sector or training institution in respect of proceedings confirmed by him or by a person under his command.
The following deductions may be made from the pay and all other emoluments payable to a person subject to the Act, namely :
(a) upon the general or special order of the Central Government, any sum required to meet any public claim, there may be against him ;
(b) any sum required to meet compulsory contributions to any provident fund welfare fund or any other fund approve by the Central Government or to meet any debt that may be due from him towards any Force institutions such as messes, canteens and the like.
Explanation.-(i) "Public Claim" means any public debt or disallowance including overissue, or a deficiency or irregular expenditure of public money or store of which. After due investigation, no examination satisfactory to the Central Government, is given by the person who is responsible
(1) All rules and orders relating to the matters covered by these rules shall stand repealed in so far as they are inconsistent with any of the provisions of these rules.
(2) Notwithstanding such repeal anything done or any action taken under the provisions of the rules or orders so repealed shall, in so far as such thing or action is not inconsistent with the provisions of these rules, be deemed to have been done or taken under the 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 commencement of these rules shall 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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