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[To be published in the Gazette of India, Extraordinary, Part II, Section 3,

Sub-section (i)]
Government of India
Ministry of Home Affairs
Notification
New Delhi, the

, 2009.

G.S.R._____(E). In exercise of the powers conferred by section 155 of the

Sashastra Seema Bal Act, 2007 (53 of 2007), the Central Government hereby
makes the following rules, namely :-

CHAPTER I

PRELIMINARY
1.
Short title, commencement and application. (1) These rules may be
called the Sashastra Seema Bal Rules, 2009.
(2)
They shall come into force on the date of their publication in the
Official Gazette.
(3)

These rules shall apply to all persons subject to the Act:

Provided that the provisions of Chapter IV thereof shall not apply to

persons belonging to the All India Services and other Government servants who
are on deputation with the Sashastra Seema Bal :
Provided further that the officers on deputation shall have the option to get
their trial or enquiry conducted either under the provisions of the Act and rules
or the provisions of their respective service Act and rules being specific in nature.
2.

Definitions. In these rules, unless the context otherwise requires,

(a)
(b)
(c)
(d)
(e)
(f)
(g)

"Act" means the Sashastra Seema Bal Act, 2007 (53 of 2007);
"Appendix" means an Appendix annexed to these rules;
"Appointment" means appointment of a person to the Force and
includes enrolment;
"Commandant" means a person appointed by the Central
Government as a Commandant to the Force under section 5;
"Court" means the Force Court as defined in section 76 of the Act;
"Detachment" includes any part of a battalion or a unit of the Force
required or ordered to proceed on duty away from headquarters;
"Force authority" when used in relation to any power, duty, act or
matter, means such authority as, in pursuance of these rules
exercises, or performs that power or duty or is concerned with that
matter;

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(h)
(i)

"section" means a section of the Act;

all other words and expressions used in these rules and not defined
but defined in the Act, shall have the same meaning as respectively
assigned to them in the Act.

3.
Reports and applications. 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.
4.
Forms of appendixes. (1) The Forms set forth in the appendixes, 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.
5.
Exercise of power vested in holder of an office in the Force. Any
power or jurisdiction given to any person, holding any office in the Force to any
act or thing to, or before, any person, may, for the purposes of these rules, be
exercised, by any other person who may, for the time being, be performing the
functions of that office in accordance with the rules and practice of the Force.
6.
Case un-provided for. In regard to any matter not specifically provided
for in these rules, it shall be lawful for the competent authority to do such thing or
take such action as he may deem fit in accordance with exigencies and
circumstances of the Case.

CHAPTER II

ORGANISATION
7.
Constitution of the Force. (1) The Sashastra Seema Bal shall consist
of Sashastra Seema Bal (Regular)
(2) Officers, subordinate officers and enrolled persons appointed to or
enrolled into the Sashastra Seema Bal (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.

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8.
Ranks. (1) The officers and other members of the Force shall be
classified in accordance with their ranks in the following categories, namely:(a) Officers
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)

Director-General.
Additional Director-General.
Inspector-General.
Deputy Inspector-General.
Commandant.
Second-in-Command.
Deputy Commandant.
Assistant Commandant.

(b) Subordinate Officers

(i)
(ii)
(iii)
(iv)

Subedar Major
Inspector
Sub-Inspector.
Assistant Sub-Inspector.

(c) Under Officers

(i)
(ii)
(iii)

Head Constable
Naik
Lance Naik

(d) Enrolled persons other than Under Officers

(i)
(ii)

Constable.
Enrolled followers.

(2) Matters relating to Inter-se seniority of persons belonging to the same

rank shall be determined in accordance with such rules as may be made in this
behalf.
(3) Notwithstanding any thing contained in these rules, the Director
General may, subject to confirmation by the Central Government as provided
hereinafter, grant to an officer or Inspector of the Force a rank, mentioned in
clause (a) of sub-rule (1), as a local rank, whenever considered necessary by
him in the interest of better functioning of the Force.

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(4)

An officer or Inspector of the Force holding a local rank,(a)

shall exercise the command and be vested with the powers

of an officer holding that rank;

(b)

shall cease to hold that rank, if the grant of such rank is not
confirmed within one month by the Central Government or
when so ordered by the Director-General or when he ceases
to hold the appointment for which the rank was granted;

(c)

shall not be entitled to any extra pay and allowances for

holding such rank; and
shall not be entitled to claim any seniority over other officers
of the Force by virtue of having held such rank.

(d)

9.

The task of the Force, Command and Control thereto. (1) For the
purpose of sub-section (1) of section 4, the Force shall in area of its
responsibility ,(i)

safeguard the security of assigned borders of India and promote

sense of security among the people living in border area;

(ii)

prevent trans-border crimes, smuggling and any other illegal

activity.

(iii)

prevent unauthorised entry into or exit from the territory of India;

(iv)

to carry out civic action programme in the area of responsibility;

(v)

to perform any other duty assigned by the Central Government.

(2)
In discharging the functions under sub-rule (1), the responsibility for
the command, discipline, administration, morale and training shall, (a)

in the case of Additional Director-General extend to all battalions,

units, headquarters, establishments and Force Personnel placed
under him and within the area that may be assigned to him;

(b)

in the case of Inspector-General extend to all battalions, units,

headquarters, establishments and the Force Personnel placed
under him and within the area that may be assigned to him;

(c)

in the case of Deputy Inspector-General extend to battalions, units

and other personnel placed under him and within the area that may
be assigned to him;

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(d)

in the case of Commandant extend to the battalion or unit placed

under him and within the area assigned to him.

(3)
During hostilities, the Additional Director-General, the Inspector
General, the Deputy Inspector-General and the Commandant shall discharge
such functions as may be assigned by their respective superiors.
(4) The command, discipline, administration, morale and training of
battalion, units and establishment not placed under a Deputy Inspector-General
or an Inspector-General shall be carried out by such officers and in such manner
as may be laid down by the Director-General from time to time.
(5) Any member of the Force shall be liable to perform any duties in
connection with the task of the Force mentioned in sub-rule (1) above, the
administration, discipline, training and welfare of the Force and such other duties
as he may be called upon to perform in accordance with any law for the time
being in force and any order given in this behalf by a superior officer shall be a
lawful command for the purpose of the Act.
10.
Command. (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.

(3)
together:-

(b)

If no second-in-command has been appointed, it shall devolve, on

the officer who may be appointed to officiate by the immediate
superior of the officer unable to exercise command.

(c)

If no such officer has been so appointed, command shall devolve

on the senior most officer present.

(d)

The inability of an officer to exercise command and its assumption

by any other officer in accordance with this sub-rule shall be
immediately reported to the next higher authority by the officer
who has assumed command.
If persons belonging to different battalions and units are working
(i)

in regard to the specific task on which they are engaged, the

officer appointed to command or in his absence the senior
most officer present shall exercise command over all such
persons;

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(ii)

in all other matters the senior officer belonging to each

battalion or unit shall exercise command over persons
belonging to his battalion or unit, as the case may be.

(4)
When officers and other persons belonging to the Force are taken
prisoner by an enemy, the existing relations of superior and subordinate and the
duty of obedience shall remain unaltered and any person guilty of indiscipline or
insubordination in this behalf shall, after his release, be liable for punishment.
(5)
Subject to the provisions of the Act, disciplinary powers over a
person subject to the Act shall be exercised by the Commandant of the battalion
or unit to which such a person belongs or the officer on whom command has
devolved in accordance with sub-rule (2).
(6)
Where such a person is doing detachment duty, including
attendance at a course of instruction the Commandant of the battalion, unit,
centre or establishment with which he is doing such duty shall also have all the
disciplinary power of a Commandant.
(7) The Director-General, the Additional Director-General, the
Inspector-General and the Deputy Inspector-General may specify one or more
officers of the staff who shall exercise the disciplinary powers of a Commandant
in respect of persons belonging to or doing detachment duty at their respective
Headquarters.
(8)
The Director-General may also specify officers who shall exercise
the disciplinary powers of an Inspector-General or Deputy Inspector-General
respectively in respect of persons belonging to or doing detachment duty at his
headquarters.
(9)
An Inspector-General may specify an officer who shall exercise the
disciplinary powers of a Deputy Inspector-General in respect of persons
belonging to or doing detachment duty at his headquarters.
Explanation.- In this rule, except in sub-rule (2) the word officer shall include a
subordinate officer and an under officer.

CHAPTER III

RECRUITMENT
11.
Ineligibility.
(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.

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(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 from 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.
12.
Ineligibility of aliens. 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.
13.
Appointment of officers. 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)
(b)

(c)
(d)
(e)

by direct recruitment;
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;
by promotion as may be prescribed from time to time;
by transfer;
by re-employment.

14.
Appointment of Subordinate Officers and Enrolled Persons.
Appointment to the posts of Subedar-Majors or Inspectors may be made by the
Inspector-General; Sub-Inspector or Assistant Sub-Inspector by the Deputy
Inspector-General; under officers and 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;
(d)
by transfer;
(e)
by re-employment.

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15.
Probation. (1) A person appointed through direct recruitment as an
officer, subordinate officer, under 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 14, in the case of subordinate officers, under officer 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 and persons who do not complete the
period of probation satisfactorily are liable to be reverted to their former rank.
16.
Procedure for enrolment, mode of enrolment and other matters
connected therewith. (1) Before a person is enrolled as a member of the
Force, the Commandant of a unit or any other officer who may be detailed 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 this behalf by the Director-General from time
to time, the enrolling officer is satisfied that the person desirous of being enrolled,
fully understands the questions put to him and consents to the condition of
service, and if the said officer is satisfied that there is no impediment, he shall
sign and shall also cause such person to sign the enrolment form and such
person shall thereupon be deemed to be enrolled.
(3)
(a) Every person enrolled as a member of the Force under sub-rule
(2) shall be administered an oath or affirmation in the form set out in Appendix I.
(b)
The oath or affirmation shall as far as possible be administered by
an officer not below the rank of Commandant or an officer authorised in writing
by such officer in this behalf.
(c)
The oath or affirmation shall be administered when the person to be
attested has completed his training.

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17.
Liability of Service. (1) All Officers are liable for service with any other
Armed Force of the Union as may be directed by the Government and 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 subrule (1) shall be exercised by the Director-General.

CHAPTER IV

TERMINATION OF SERVICE
18.
Termination of service. 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 or any other punishment specified under the
Act by 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 and any power conferred by this rule or any provision of this
Chapter on any of the aforesaid authorities may also be exercised 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
Sl.
No.

Grounds on which Central

service can be Governm
terminated.
ent
(2).
(3).

Inspector-General

(i)

Misconduct.

Officers

Sub-Major/ Inspector.

(ii)

Unsuitability.

Officers

Sub-Major/ Inspector.

(iii)

Unsatisfactory
progress in training.

Officers

Sub-Major/ Inspector.

(1).

(4).

Deputy
InspectorGeneral
(5).

Comman
dant
(6).

Sub-Inspector
Under
/Asstt.
Sub- Officers/E
Inspector.
nrolled
Person.
Sub-Inspector
Under
/Asstt.
Sub- Officers/E
Inspector.
nrolled
person.
Sub-Inspector/
Under
Asstt.
Sub- Officers/E
Inspector.
nrolled
person.

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(v)

Officers
Furnishing
false/wrong
information at the
time of appointment.
Physical unfitness.
Officers

Sub-Major / Inspector

(vi)

On own request

Sub-Major / Inspector

(iv)

Officers

Sub-Major/ Inspector.

Sub-Inspector
Under
/Asstt.
Sub- Officers/
Inspector.
enrolled
person.
Under
Sub-Inspector
/Asstt.
Sub- Officers/E
nrolled
Inspector
person.
Sub-Inspector
Under
/Asstt.
Sub- Officers/E
Inspector.
nrolled
person.

19.
Termination of service of officers by the Central Government on
account of misconduct. (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 misconduct 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 of an officer's misconduct, the
Central Government or the Director-General is satisfied that the trial of the officer
by a Force Court is inexpedient or impracticable, but is of the opinion, that the
further retention of the said officer in the service is undesirable, the DirectorGeneral shall so inform the officer together with particulars of allegations and
report of investigation (including the statement of witnesses, if any, recorded and
copies of documents, if any, intended to be used against him) in cases where
allegations have been investigated and he shall be called upon to submit in
writing, his explanation and defence:
Provided that the Director-General may withhold disclosure of such report
or portion thereof if, in his opinion, its disclosure is not in the interest of the
security of the State.
(3)
In the event of the explanation of the officer being considered
unsatisfactory by the Director-General, or when so directed by the Central
Government, the case shall be submitted to the Central Government with the
officer's defence and the recommendation of the Director-General as to the
termination of the Officer's service in the manner specified in sub-rule (4).

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(4)
When submitting a case to the Central Government under the
provisions of sub-rule (2) or sub-rule (3), the Director-General shall make his
recommendation whether the officer's service should be terminated, and if so,
whether the officer should be :
(a) dismissed from the service; or
(b) removed from the service; or
(c) retired from the service; or
(d) called upon to resign.
(5)
The Central Government, after considering the reports and the
officer's defence, if any, or the judgment of the criminal court, as the case may
be, and the recommendation of the Director-General, may remove or dismiss the
officer or retire or get his resignation from service, and on his refusing to do so,
the officer may be compulsorily retired or removed from the service.
20.
Termination of service of officers by the Central Government on
grounds of unsuitability. (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 is not in the interest of the security
of the State to do so.
(2)
In the event of the explanation being considered by the Director
General unsatisfactory, the matter shall be submitted to the Central Government
for orders, together with the officer's explanation and the recommendation of the
Director-General.
(3)
The Central Government after considering the reports, the
explanation, if any, of the officer and the recommendation of the
Director-General, may call upon the officer to retire or resign and on his refusing
to do so, the officer may be compulsorily retired from the service.

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21.
Termination of service of persons, other than officers on account of
misconduct . (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)
(b)

where the service is terminated on the ground of conduct which has

led to his conviction by a criminal court or Force Court: or
where the authority as specified in rule 18 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 authority as specified in rule 18 is satisfied that the trial of
such a person by the Force Court is inexpedient or impracticable, but is of the
opinion, that his further retention in the service is undesirable, it shall so inform
him together with all reports adverse to him and he shall be called upon to
submit, in writing, his explanation and defence:
Provided that the authority as specified in rule 18 may withhold from
disclosure any such report or portion thereof, if in his opinion, its disclosure is not
in the interest of security of the state.
(3)
The authority as specified in rule 18 after considering his
explanation and defence, if any, or the judgment of the criminal court, as the
case may be, may dismiss or remove him from the service.
(4)
All cases of dismissal or removal, under this rule, shall be reported
to the Director-General.

22.
Discharge from service on grounds of unsatisfactory progress in
training . (1) 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

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progress, documentary
recommendation.

evidence

to

this

effect

shall

accompany

the

(3)
The Central Government, or as the case may be, the authority as
specified in rule 18, on receipt of recommendation under sub-rule (1), may
discharge or release the person concerned from the service.
23.
Termination of service on grounds of furnishing false or incorrect
information at the time of appointment. The Central Government, or as the
case may be, the authority as specified in rule 18, may terminate the service of a
person subject to the Act on grounds of furnishing false or incorrect information
at the time of appointment of that person in the service and a show cause notice
giving one month's time shall be issued to the individual before termination of his
service.
24.
Retirement or discharge or release of officers on grounds of
physical unfitness. (1) Where an officer not below the rank of 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 the
medical board and such an evidence shall be from a government doctor not
below the status of civil surgeon and shall contain specific mention that he has
taken into consideration the finding of the medical board before giving his
opinion.
(4)
The Central Government may, on receiving the representation from
the officer, refer the case to be reviewed by a fresh medical board constituted for
the purpose and order the retirement or discharge or release of the said officer if
the decision of the fresh medical board is adverse to him.
25.
Termination of service of subordinate officers by the authorities as
specified in rule 18 on the grounds of unsuitability. (1) 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-

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(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 18, 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 to the
subordinate officer any matter adverse to him, if in his opinion, it is not in the
interest of the security of the state to do so.
(2)
In the event of the explanation being considered by the
Commanding Officer not below the rank of Commandant unsatisfactory, the
matter shall be submitted to the authority as specified in rule 18 for orders
together with the subordinate officer's explanation and the recommendation of
such Commanding Officer.
(3)
The authority as prescribed in rule 18 after considering the report
and the explanation, if any, of the subordinate officer and the recommendations
of the Commanding Officer not below the rank of Commandant, may call upon
the subordinate officer to retire or resign and on, his refusing to do so, the
subordinate officer may be compulsorily retired or discharged from the service.
26.
Termination of service of enrolled persons on the grounds of
unsuitability.
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)
(b)
(c)

so informed;
furnished with the particulars of all matter adverse to him; and
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 to the
enrolled person any matter adverse to him, if in his opinion, it is not in the interest
of the security of the state to do so.
(2)
After considering the explanation, if any, the Commanding Officer
not below the rank of Commandant, may call upon the enrolled person to retire or

Page 15 of 110
resign and on his refusing to do so, the enrolled person may be compulsorily
retired or discharged from the service.
27.
Retirement or discharge of subordinate officers and enrolled
persons on grounds of physical unfitness. (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 18, if he agrees with the finding of the
medical board, communicate to the said person the findings of the medical board
and thereupon, within a period of thrity days of such communication, the person
may make a representation against it to the competent authority supported by a
prima-facie evidence of error of judgement in the opinion expressed by the
medical board and such an evidence shall be from a government doctor not
below the status of Civil Surgeon and shall contain specific mention that he has
taken into consideration the findings of the medical board before giving his
opinion.
(4)
Where the person declared to be unfit for further service makes a
representation under sub-rule (3), the same shall be forwarded to the next
superior officer, who shall have the case referred to be reviewed by a fresh
medical board, which shall be constituted in such manner as may from time to
time, be laid down by the Director-General.
The superior officer may, having regard to the findings of the fresh medical
board, pass such order as he may deem fit.
(5)
Where no representation is made against the decision of
medical board under sub-rule (3), the authority as specified in rule 18, as
case may be, may (if he agrees with the findings of the medical board) order
retirement or discharge of person declared to be unfit for further service in
Force.

the
the
the
the

28.
Resignation. (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:

Page 16 of 110
Provided that while granting such permission the Central Government
may, require the officer to refund to the Government such amount as would
constitute the cost of training given to that officer or three months pay and
allowances, whichever is higher.
Provided further that an officer of the Force tendering resignation, for
accepting a job under the Central or State Governments or local bodies, after
having been granted cadre clearance for the same or who has completed ten
years of service shall not be required to refund the sum as provided here in
above.
(2)

The Central Government may accept the resignation under sub-rule

(1) with effect from such date as it may consider expedient.

(3)

The Central Government may refuse to permit an officer to resign,(a)

(b)
(c)

if an emergency has been declared in the country either due

to internal disturbance or external aggression ; or
if it considers it to be inexpedient so to do in the interest of
the discipline of the Force; or
if the officer has specifically undertaken to serve for a
specified period and such period has not expired.

(4)
The provisions of this rule shall apply to and in relation to
subordinate 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 subrule (1) and (2) shall be exercised in the case of a Subedar-Major or Inspector by
an Inspector-General, in the case of a Sub-Inspector /or Assistant Sub-Inspector
by an officer not below the rank of Deputy Inspector-General and in the case of
an under officer or enrolled person by a Commandant.
29.
Appeal against orders of dismissal, removal or retirement.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.

Page 17 of 110
30.
Date of dismissal, removal, discharge or retirement. The effective
date of dismissal, removal, discharge or retirement shall be :(a)
(b)

the date mentioned in the order of dismissal or removal or

discharge or retirement, or
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 .

CHAPTER V

ARREST AND SUSPENSION

31.

Forms of arrest . (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.
32.
Authority to order arrest . (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)
(b)
(c)

if he commits an offence against such superior officer; or

if he commits an offence in the view of such superior officer, or
if he is behaving in a disorderly manner and the said superior
officer considers it necessary to place such a person under arrest
with a view to stop such disorderly behaviour.

(3)
A superior officer effecting arrest under sub-rule (2) shall as soon
as possible, and in any case within twenty four hours of such arrest send a report
to the Commanding Officer of the battalion or unit of which the person arrested is
a member and in case of the arrest of an officer of and above the rank of
Commandant, to his immediate superior officer.
33.
Arrest, how imposed. (A) Close arrest.- (1)(a) Close arrest in the case
of enrolled persons shall be imposed by informing the person to be arrested and
ordering him to be marched to the place of confinement under an escort of
person of similar or superior rank.

Page 18 of 110
(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
confinement without permission of his Commanding officer or a superior officer
designated by the Commanding Officer in this behalf.
(B) Open arrest. (3) (a) Open arrest shall be imposed by informing the person
to be arrested that he is under open arrest and that he shall confine himself
within such limits as may be specified in this behalf by the concerned superior
officer effecting such arrest.
(b)
The Commanding Officer may, from time to time, vary the limits
referred to in clause (a) above.
34.
Release from arrest during investigation.
Any person arrested
under rule 32 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.
35.
Release without prejudice to re-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.
36.

Arrest, when to be imposed. (1) Any person charged with:

(i)
(ii)
(iii)

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;
a civil offence punishable with death or imprisonment for life;
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

Page 19 of 110
(e) if the person concerned is likely to interfere with witnesses or
tamper with evidence;
shall be placed under arrest.
(2)
Where any person arrested shows symptoms of sickness, medical
assistance shall be provided for such person.
37.
Special provision in case of arrest of an intoxicated person.
(1) Where an intoxicated 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 in-charge of the guard, once in every
two hours.
(2)
An intoxicated person shall not be taken before a superior officer
for investigation of his case until he has become sober.
38.
Arrest in case of persons whose trial has been ordered. (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 on any duty.
39.
Delay Report. (1) (a) The report on reason for delay as 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 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

Page 20 of 110
the Director-General with a copy each to the Deputy Inspector-General and the
Inspector-General concerned.
40.
Rights of a person under arrest. (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)
The said particulars shall be rendered in simple language and also
explained to the accused.
(c)
Notwithstanding anything contained in clause (a), where during the
investigation other offences committed by the accused are discovered, it shall be
lawful to charge such person with those offences.
(2)
(a) The 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.
41.
Suspension. (1) Notwithstanding anything contained in these rules,
the appointing authority or any other authority empowered in that behalf by the
President by general or special order, may, at its discretion, place a person
serving under him, under suspension in the following circumstances, namely :(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:
Provided that the Director-General may exercise the power of suspension
in respect of officers of the Force up to the rank of Deputy Commandant.
Provided further that the Director-General shall report the facts of each
case immediately to the Central Government and all such orders of suspension
shall be void ab-initio unless confirmed by the Central Government within a
period of one-month from the date of the said orders, irrespective of the fact that
the suspension is revoked by the said authority within that period.
(2)
A person subject to the Act shall be deemed to have been placed
under suspension by an order of the appointing authority:

Page 21 of 110
(i)

with effect from the date of his detention by civil police on a

criminal charge or otherwise for a period exceeding forty
eight hours, or

(ii)

with effect from the date of his conviction by a criminal court

on a criminal charge, if the sentence awarded is
imprisonment for a term exceeding forty eight hours.
(3)
An order of suspension made or deemed to have been made under
this rule shall continue to remain in force until it is modified or revoked by the
authority competent to do so.
(4)
An order of suspension made or deemed to have been made under
this rule, may, at any time, be modified or revoked, by the authority which made
the order or by any authority to which that authority is subordinate.
(5)
During the period of suspension powers vested in a person shall be
in abeyance, but he shall be subject to same responsibilities, discipline, penalties
and all other conditions of service to which he would have been subject if he was
on duty and cannot leave headquarters declared by the competent authority
without prior permission.
(6)
When a person remains under suspension for more than ninety
days, a report giving reasons for delay in the finalisation of his case shall be
submitted to the Director-General by the Commanding Officer of the accused,
and thereafter, subsequent reports shall be submitted every month till the case is
finalised or the order of suspension is revoked, whichever is earlier.

CHAPTER VI

CHOICE OF JURISDICTION BETWEEN FORCE COURT

AND CRIMINAL COURT
42.
Trial of cases either by Force Court or criminal court. (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
interests of discipline to claim for trial by a Force Court any person
subject to the Act who is alleged to have committed such an offence.

Page 22 of 110

(2)
In taking a decision to claim an offender for trial by a Force Court
an officer referred to in section 92 may take into account all or any of the
following factors, namely:(a) the offender is on active duty or has been warned for active duty and it
is felt that he is trying to avoid such duty;
(b) the offender is a young person undergoing training the offence is not a
serious one and the trial of the offender by a criminal court would
materially affect his training;
(c) The offender can, in view of the nature of the case, be dealt with
summarily under the Act.
43.
Cases which may not be tried by Force Court. Without prejudice to
the provisions of sub-rule (1) of rule 42, an offender may not normally be claimed
for trial by a Force Court,
(a) where the offence is committed by him alongwith any other person not
subject to the Act whose identity is known;
(b) where the offence is committed by him while on leave or during
absence without leave; or
(c) where the offence is committed by him which has no relation with the
performance of his duty.

CHAPTER VII

INVESTIGATION AND SUMMARY DISPOSAL

44.
Statement of allegations. 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.
45.
Hearing by an officer not below the rank of Assistant
Commandant. (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

Page 23 of 110
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 himself or if the accused is under close
arrest.
46.
Hearing by the Commanding Officer. (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 45
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 for 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 evidence of witnesses shall be reduced

to writing if he so demands;

(b)

the Commanding Officer shall dismiss the charge, if in his opinion,

the charge is not proved or may dismiss it if he considers that
because of the previous character of the accused and the nature of
the charge; against him, it is not advisable to proceed further with it
and in case of an officer, he shall record reasons for dismissing the
charge;

(c)

where a case in respect of an officer has been referred to the

Commanding Officer by a superior authority for initiation of
disciplinary action, the Commanding Officer shall not dismiss the
charge without reference to such authority;

(d)

in case of all offences punishable with death, a record of evidence

shall be prepared.

(2)
Where the Commanding Officer is of the opinion that the charge
against an officer or a subordinate officer is of a serious nature, he may, without
hearing the charge in accordance with the provisions of sub-rule (1),
straightaway order a record of evidence or an abstract of evidence to be
prepared in the case.

Page 24 of 110
(3)
Where the Commanding Officer is of the opinion that the charge
against an officer or a subordinate officer does not deserve to be dismissed, and
the charge is also not so serious as may warrant trial by a Force Court, he may,
in the case of a subordinate officer, either dispose of the case himself or refer it
to the appropriate authority for disposal under the provisions of section 58 and in
the case of an officer, he may refer the case to the appropriate authority for
summary disposal under the provisions of section 58.
(4)
Where disciplinary action is intended to be taken against a
Commanding Officer of a battalion or a unit, or a headquarters, such officer shall
be removed from the command of the battalion, the unit, or the headquarters, as
the case may be, and for the purpose, shall be attached to or posted to a
battalion, unit or a headquarters under the command of an officer senior to the
officer to be so attached or posted.
47.
Procedure for summary disposal of charge against officers.
(1) Where an officer is remanded for the summary disposal of a charge against
him, he shall be provided substance of evidence available against him or a copy
of the record or abstract of evidence, if prepared, alongwith a copy of the chargesheet as soon as practicable and in any case not less than twenty four 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 and 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
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:
Provided that before enhancing the punishment the accused shall be
given an opportunity to show cause why his punishment should not be enhanced.
(4)
An officer who considers himself aggrieved by any decision given
under this rule, may submit one petition through his Commanding Officer, within
one month of the disposal of the case, to the Director General who may pass
such order or direction as may be appropriate in the circumstances of the case.

Page 25 of 110
48.
Summary disposal of charges against subordinate officer.(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 47.
(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:
Provided that before enhancing the punishment the accused shall be
given an opportunity to show cause why his punishment should not be enhanced.
(3) An subordinate officer who considers himself aggrieved by any
decision given under this rule, may submit one petition through his Commanding
Officer, within one month of the disposal of the case, to the authority superior to
the one who awarded the punishment, and such authority may pass such order
or direction as may be appropriate in the circumstances of the case
49.
Attachment to another Unit.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

headquarter 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 Officer is a member or
trustee or because the offence is one of disobedience of such Commanding
Officer's orders.
50.
Charges not to be dealt with summarily.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 (l) of section 20 or clause (a) of section 22 or clause (a) of section

Page 26 of 110
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.
51.
Record of evidence. (1) The officer ordering the record of evidence
may either prepare the record of evidence himself or detail another officer to do
so.
(2)
The witnesses shall give their evidence in the presence of the
accused and the accused shall have right to cross examine all witnesses who
give evidence against him:
Provided that where statement of any witness at a court of inquiry is
available, examination of such a witness may be dispensed with and the original
copy of the said statement may be taken on record and a copy thereof shall be
given to the accused and he shall have the right to cross-examine if he was not
afforded an opportunity to cross-examine the witness at the Court of Inquiry:
Provided further that If a person subject to the Act absconds or deserts the
force after commission of offences under Sections 16, 17, 19, 20 and offence of
murder punishable under Section 49 of the Act and there is no immediate
prospect of his apprehension, the officer detailed to prepare the record of
evidence shall examine the witnesses in the absence of the accused and such
evidence may, on the apprehension of such accused, be given in evidence
against him at the trial by a Security Force Court, even if such witness is dead or
incapable of giving evidence or cannot be found or his presence cannot be
procured without an amount of delay, expenses or inconvenience which, under
the circumstances of the case would be unreasonable.
(3)
After all the witnesses against the accused have been examined,
he shall be cautioned in the following terms; "You may make a statement if you
wish to do so, you are not bound to make one and whatever you state shall be
taken down in writing and may be used in evidence". After having been cautioned
in the aforesaid manner whatever the accused states shall be taken down in
writing.
(4)
The accused may call witnesses in defence and the officer
recording the evidence may ask any question that may be necessary to clarify
the evidence given by such witnesses.
(5)

All witnesses shall give evidence on oath or affirmation:

provided that no oath or affirmation shall be given to the accused nor shall
he be cross examined.

Page 27 of 110
(6)
(a)
The statements given by witnesses shall ordinarily be
recorded in narrative form and the officer recording the evidence may, at the
request of the accused, permit any portion of the evidence to be recorded in the
form of question and answer.
(b)
The witnesses shall sign their statements after the same have been
read over and explained to them.
(7)
The provision of section 101 shall apply for procuring the
attendance of witnesses before the officer preparing the record of evidence and
the witnesses shall be summoned as per Forms given in Appendix XV.
(8)
Where a witness cannot be compelled to attend or is not available
or his attendance cannot be procured without an undue wastage of time or
expenditure of money and after the officer recording the evidence has given a
certificate in this behalf, a written statement signed by such witness may be read
to the accused and included in the record of evidence.
(9)
After the recording of evidence is completed the officer recording
the evidence shall give a certificate in the following Form:
Certified that the record of evidence ordered by...... was made in the
presence and hearing of the accused and the provisions of rule 51 have been
complied with.
(10) No counsel or legal practitioner shall be permitted to appear before
the officer making the record of evidence.
52.
Abstract of evidence. (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 prcis
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
prcis 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) of rule 51:

Page 28 of 110
provided that the accused shall be given such time as may be reasonable
in the circumstances but in no case less than twenty four hours after receiving
the abstract of evidence to make his statement:
53.
Investigation of cases by Police.Where the commanding officer
considers it necessary so to do, he may lodge a report with the Police for
investigation of any case.
54.
Disposal of case by Commanding Officer after record or abstract of
evidence. (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)
(ii)

(iii)
(iv)
(v)
(vi)

remand the case for recording additional evidence, if required; or

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
rehear the charge and award one of the Summary /minor
punishments; or
try the accused summarily under section 56 or by a Summary
Force Court where he is empowered to do so; or
remand the case for summary disposal by the competent authority
in the case of an officer or a subordinate officer; or
apply to a competent officer or authority to convene a Court for the
trial of the accused.

55.
Application for a Court.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.

CHAPTER VIII

ON CHARGES AND MATTERS ANTECEDENT TO TRIAL

56.
Charge-sheet. (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

Page 29 of 110
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.
57.

Charges. (1) There shall be a separate charge for each offence.

(2)(a) If a single act or series of acts is of such a nature that it is doubtful

which of several offences, the facts which can be proved, will constitute, the
accused may be charged with having committed all or any of such offences, and
any number of such charges may be tried at once or he may be charged in the
alternative with having committed some one of the said offences.
(b)
The charge for the more serious offence shall precede the one for
the less serious offence.
(3)

Each charge shall consist of two parts, namely:

(a) statement of the offence, and
(b) particulars of the offence.

(4)
The offence shall be stated, if not a civil offence, as merely as
practicable, in the words of the Act, and if a civil offence, in such words as would
be sufficient to describe that offence.
(5) (a) The particulars shall state the time and place of the alleged offence
and the person (if any) against whom, or the thing (if any), in respect of which it
was committed and these should be sufficient to give the accused notice of the
matter with which he is so charged.
(b)
In case such particulars are not sufficient to give the accused notice
of the matter with which he is charged, the charge shall also contain such
particulars of the manner in which the offence was committed as will be sufficient
for that purpose.
58.
Joint Charges. (1) Any number of accused may be charged jointly and
tried together for an offence averred to have been committed jointly by them.
(2)
Any number of accused though not charged jointly may also be
tried together for an offence averred to have been committed by one or more of
them and abetted by other or others.
(3)
Where the accused are so charged under sub-rule (l) 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 56.

Page 30 of 110
59.
Validity of charge-sheet.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.
60.
Amendment of the charge by the Force Court. (1) At any time during
a trial, if it appears to the Court that there is in the charge-sheet,
(a)
(b)

a mistake in the name or description of the accused; or

a mistake which is attributable to a clerical error or omission, the
Court may amend the charge-sheet so as to correct the mistake.

(2)
If at any time during a trial, at which there is a 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 amend the charge sheet.
(3)
If at any time during a trial, at which there is no Judge Attorney, it
appears to the Court, before it closes to deliberate on its findings, that in the
interest of justice, it is desirable to make any addition to, omission from or
alteration in a charge, which cannot be made under sub-rule (1), it may adjourn
and report its opinion to the convening officer, who may :
(a)

(b)
(c)

amend the charge if permissible under this rule and direct the Court
to try it as amended after due notice of the amendment has been
given to the accused; or
direct the Court to proceed with the trial of the charge without
amending it; or
convene a fresh Court to try the accused.

61.
Amendment of Charge by Convening Officer.When a Force Court
reports to the convening officer either under rule 60 or rule 76 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.
62.
Action by a Superior Authority on receiving an application for
convening a Court. (1) As soon as a superior officer receives an application
for convening a court, he shall scrutinise the charge and the evidence against the
accused, where necessary, in consultation with the Judge Attorney-General or an
officer detailed for the purpose, by the Judge Attorney-General and he,

Page 31 of 110
(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 is not competent

to do so, may forward the case to higher authority with his
recommendation; or

(iv)

may return the case for recording further evidence, if he considers

the evidence recorded insufficient but considers that further
evidence may be available.

(2) (a) In any other case he may either himself convene a Court or if he
considers that a higher type of Court should be convened, and he is not
empowered to convene such a Court, forward the case to a higher authority with
recommendation that, such Court may be convened.
(b)
The higher authority on receiving the case may exercise any of the
powers given in sub-rule (1):
Provided that a superior officer or higher authority before convening a
General Force Court or a Petty Force Court shall take the advice of the Judge
Attorney-General or an officer detailed for the purpose of the Judge Attorney
General:
Provided further that the superior authority or higher authority while
convening a Court may reframe the charge sheet on which the accused is to be
tried.
63.
Disqualification of officers for serving on General and Petty Force
Courts. 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 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.

Page 32 of 110

64.
Composition of General and Petty Force Courts. (1) A Court shall
consists 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 and such opinion shall be recorded in the convening
order.
65.
Duties of convening officer when convening courts. When an officer
convenes a Court he shall(a) issue a convening order in the appropriate Form setout 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 convening a General Force Court, or a Petty Force Court which he
considers should be attended by the Judge Attorney, take the
necessary steps to procure the appointment of Judge Attorney by or
on behalf of the Judge Attorney-General and may also appoint an
officer to be under his instructions at the trial;
(g) appoint an officer, subject to the Act or a counsel assigned by such
an officer to prosecute:
Provided that the convening officer may appoint more than
one such officer or counsel to prosecute if he thinks fit;
(h)
(i)

(j)
(k)

appoint an interpreter wherever necessary;

send to the senior member the charge-sheet, the convening order a
copy of the record or abstract of evidence from which any evidence
which in his opinion would be inadmissible at the trial, has been
expurgated;
forward to each member of the Court and to each waiting member a
copy of charge sheet and the convening order;
forward to the prosecutor copies of the charge-sheet and convening
order and the original record or abstract of evidence together with an
unexpurgated copy thereof showing the passages (if any) which have
been expurgated in the copy sent to the senior member;

Page 33 of 110
(l)

forward to the Judge Attorney (if any) copies of the charge sheet and
convening order and an unexpurgated copy of the record or abstract
of evidence showing the passages (if any) which have been
expurgated in the copy sent to the senior member;
(m) ensure that the Commanding Officer has summoned all the
prosecution witnesses and such defence witnesses as the accused
may have requested to be summoned under rule 67.
66.
Preparation of defence by the accused. (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 trial and in any case not less than four days before his trial he shall
be given:
(a)
a copy of the charge-sheet;
(b)
an unexpurgated copy of the record or abstract of evidence
showing the passages (if any) within, which have been
expurgated in the copy sent to the senior member;
(c)
notice of any additional evidence which the prosecution
intends to adduce; and
(d)
if the accused so requires, a list of the ranks, names, and
units of the members who are to form the Court and of any
waiting members.
(5)
When an accused is given a copy of the charge-sheet and of the
record or abstract of evidence in accordance with this rule, he shall:
(a)
(b)

have the charge explained to him; and

be informed that, upon his making a written request to his
Commanding Officer not less than twenty four hours before
his trial requiring the attendance at his trial of a witness
(other than a witness for the prosecution) whom he desires
to call in his defence (such witness to be named by him),
reasonable steps will be taken in accordance with these

Page 34 of 110
rules to procure the attendance of any such witness at his
trial.
(6)
The provisions of sub-rules (2) and (3) shall not apply in relation to
a trial before a Summary Force Court and in relation to such a trial the period of
four days referred to in sub-rule (4) shall be construed as twenty four hours.
67.
Summoning of defence witnesses. (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 has refused to summon the
witness under sub-rule (2) or sub-rule (3), the accused may make an application
to the Court for the summoning of such witness and the Court may, if it considers
it to be expedient in the interests of justice, order the summoning of such witness
and, if necessary, adjourn the proceedings for the attendance of such witness
and for summoning witnesses, summons as per Form given in Appendix XV shall
be issued.

CHAPTER IX
PROCEDURE FOR GENERAL AND PETTY FORCE COURTS
68.
Assembly and swearing of Court.-(l) Upon a Force Court assembling,
the Court shall, before beginning the trial, satisfy itself in closed Court.
(a)
(b)
(c)
(d)
(e)
(f)

that the Court has been convened in accordance with the Act and
these rules;
that the Court consists of not less than the minimum number of
officers required by law;
that the members are of the required rank;
that the members have been duly appointed and are not
disqualified under the Act;
that if there is a Judge Attorney, he has been duly appointed:
that the accused appears, from the charge-sheet, to be subject to
the Act and to be subject to the jurisdiction of the Court; and

Page 35 of 110
(g)

that each charge is correct in law and framed in accordance with

these rules.

(2(a) Where a vacancy occurs through a member of the Court being

disqualified under the Act, or being absent when the Court assembles, the
presiding officer may appoint a duly qualified waiting member to fill that vacancy.
(b)
Where a vacancy occurs through a member of the court so require,
substitute a duly qualified waiting member for a member appointed by the
convening officer.
(3)
If the Court is not satisfied on any of the matters mentioned in subrule (1) and is not competent to rectify, such matter itself under the Act or these
rules, it shall, before commencing the trial, report thereon to the convening
officer.
(4)
When the Court has complied with this rule and is ready to
proceed with the trial, the presiding officer shall open the Court and the trial shall
begin.
69.
Commencement of trial. (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.
(5)
An accused may make a statement and call any person to make a
statement in support of his objection.
(6)
An officer to whom the accused has objected may state in open
Court any thing relevant to the objection of the accused whether in support or in
rebuttal thereof.

Page 36 of 110
(7)
An objection to any officer shall be considered in closed Court by all
the other officers of the Court and the officer objected to shall not be present at
that time.
(8)
When an objection to an officer is allowed under sub-section (3) of
section 96 that officer shall forthwith retire and take no further part in the
proceedings.
(9)
When an officer objected to retires and there is duly qualified
waiting member in attendance, the presiding officer shall immediately appoint
him to take the place of the officer who has retired.
(l0)
The Court shall satisfy itself that a waiting member who takes the
place of a member of the Court is of the required rank and not disqualified under
the Act and shall give the accused an opportunity to object to him and shall deal
with any such objection in accordance with the Act and these rules.
(11) If as the result of the allowing of an objection to a member there are
insufficient officers available to form a Court in compliance with the provisions of
the Act, the Court shall report to the convening officer without proceeding further
with the trial and the convening officer may either appoint an officer as a member
to fill the vacancy or convene a fresh Court to try the accused.
70.
Swearing or affirming of members. 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
Sashastra Seema Bal Act, 2007 without partiality, favour or affection; and I do
further swear that I will not, on any account, at any time, whatsoever, disclose or
discover, the vote or opinion of any particular member of the Court unless
required to give evidence there of by a court of law.
FORM OF AFFIRMATION
I,.. . . . . . . . . . . . . . do, solemnly, sincerely and truly declare and affirm that I will,
well and truly, try the accused (or accused persons), before the Court according
to the evidence, and that I will, duly administer justice in accordance with the
provisions of the Sashastra Seema Bal Act, 2007, without partiality, favour or

Page 37 of 110
affection; and I do further solemnly, sincerely and truly declare and affirm that I
will not, on any account, at any time, whatsoever, disclose or discover, the vote
or opinion of any particular member of this Court unless required to give
evidence thereof by a Court of Law.
71.
Swearing or affirmation of Judge Attorney and other officers. 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)

JUDGE ATTORNEY
FORM OF OATH

I,------------------------- swear by Almighty God that I will, to the best of my ability,

carry out the duties of Judge Attorney, in accordance with the provisions of the
Sashastra Seema Bal Act, 2007 and the rules made there under without
partiality, favour or affection, and I do further swear that I will not, on any
account, at any time, whatsoever, disclose or discover the vote or opinion on any
matter of any particular member of this Court, unless required to give evidence
thereof by a Court of Law.
FORM OF AFFIRMATION
I, ------------------------- do hereby, solemnly, sincerely and truly declare and affirm,
that I will, to the best of my ability, carry out the duties of Judge Attorney in
accordance with the provisions of the Sashastra Seema Bal Act, 2007 and the
rules made there under without partiality, favour or affection, and I do further
solemnly, sincerely and truly declare and affirm, that I will not, on any account, at
any time., whatsoever, disclose or discover the vote or opinion, on any matter of
any particular member of this Court, unless required to give evidence thereof by
a Court of Law.
(B)

OFFICER ATTENDING FOR THE PURPOSE OF INSTRUCTION

FORM OF OATH

I, , swear by Almighty God that I will not on any account, at any

time, whatsoever, disclose or discover the vote or opinion of any particular
member of this Court unless required to give evidence thereof by a Court of Law.

Page 38 of 110
FORM OF AFFIRMATION
I,, do solemnly, sincerely and truly declare and affirm that I
will not on any account, at any time, whatsoever, disclose or discover the vote or
opinion of any particular member of this Court unless required to give evidence
thereof by a Court of Law.
(C)
SHORTHAND WRITER
FORM OF OATH
I, . . . . . . . , swear by Almighty God that I will truly take down to the best of my
power, the evidence to be given before this Court and such other matters as I
may be required to take down and will, when required, deliver to the Court a true
transcript of the same.
FORM OF AFFIRMATION
I,., do solemnly, sincerely and truly declare and affirm, that I will truly
take down to the best of my power the evidence to be given before this Court and
such other matters as I may be required to take down and will, when required
and deliver to the Court a true transcript of the same.

(D) INTERPRETER
FORM OF OATH
I, ..., swear by Almighty God that I will faithfully, interpret and translate, as
I shall be required to do, touching the matter before this Court.
FORM OF AFFIRMATION
I,........ ,......do solemnly, sincerely and truly declare and affirm that I will faithfully
interpret and translate, as I shall be required to do, touching the matter before
this Court.
72.
Objection to Interpreter or Shorthand Writer. 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.
73.
Objection to Judge-Attorney and prosecutor. The accused shall not
be permitted to object to the Judge Attorney or the prosecutor.
74.
Arraignment. (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.

Page 39 of 110

(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 chargesheets and shall announce its finding thereon and if the accused has pleaded
guilty, comply with rule 81, before it arraigns him upon the charges in any
subsequent charge-sheet.
75.
Plea to jurisdiction. (1) The accused, before pleading to the charge,
may offer a plea regarding the jurisdiction of the Court, and in such a case,
(a)

the accused may adduce evidence in support of the plea and the
prosecutor may adduce evidence in answer thereto: and

(b)

the prosecutor may address the Court in answer to the plea and the
accused may reply to the prosecutor's address.

(2)
If the Court allows the plea it shall adjourn and report to the
convening officer.
(3)
When the Court reports to the convening officer under this rule, the
convening officer shall
(a)

if he approves the decision of the Court to allow the plea, dissolve

the Court;

(b)

if he disapproves the decision of the Court; either,

(i) refer the matter back to the Court and direct them to proceed with
the trial; or
(ii) convene a fresh Court to try the accused.

76.
Objection to the charge. (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 and if he does so, the
prosecutor may address the Court in answer to the objection and the accused
may reply to the prosecutor's address.
(2)
If the Court' upholds the objection, it shall either amend the chargesheet in accordance with the provisions of rule 60 or adjourn and report to the
convening officer:

Page 40 of 110
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
(a)

if he approves the decision of the Court to allow the objection,

(i)
(ii)

(iii)

(b)

dissolve the Court; or

where there is another charge or another charge-sheet
before the Court which the Court has not tried, direct the
Court to proceed with the trial or such other charge or
charge-sheet only; or
amend the charge to which the objection relates in
accordance with the provisions of rule 61 and direct the
Court to try the accused accordingly;

if he disapproves the decision of the Court to allow the objection,

(i)
(ii)

(iii)

direct the Court to try the accused for the charge; or

where there is another charge or another charge-sheet
before the Court to which the objection does not relate and
which the Court has not tried, direct the Court to proceed
with the trial of the accused for such other charge or chargesheet only ; or
convene a fresh Court to try the accused.

77.
Plea in bar of trial. (1) An accused before pleading to charge may offer
a plea that the trial is barred under section 87 or section 88 and if he does so
(a)

the accused may adduce evidence in support of the plea and the
prosecutor may adduce evidence in answer thereto, and

(b)

the prosecutor may address the Court in answer to the plea and the
accused may reply to the prosecutor's address.

(2)
If the Court allows the plea it shall adjourn and report to the
convening officer:
Provided that if there is another charge or another charge sheet before the
Court, the Court may, before adjourning under this rule, proceed with the trial of
the accused for such other charge or other charge-sheet.
(3)
When a Court reports to the convening officer under this rule, the
convening officer shall

Page 41 of 110

(a)

if he approves the decision of the Court to allow the plea,

(i)
(ii)

(b)

dissolve the Court; or

where there is another charge or another charge-sheet
before the Court to which the plea does not relate and which
the Court has not tried may direct the Court to proceed with
the trial of the accused for such other charge or chargesheet only.

If he disapproves the decision of the Court to allow the plea,

(i)
(ii)

(iii)

direct the Court to try the accused for the charge; or

where there is another charge or another charge-sheet
before the Court, to which the plea does not relate and which
the Court has not tried, direct the Court to proceed with the
trial of the accused for such other charge or charge-sheet
only; or
convene a fresh Court to try the accused.

78.
Application for separate trial. (1) Where two or more accused are
charged jointly, anyone 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.
79.
Application for trial on separate charge-sheet. (1) Where a chargesheet 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 chargesheet 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 chargesheet.

Page 42 of 110

80.
Pleading to the charge. (1) After any plea under rules 75 and 77, any
objection under rule 76 and any application under rules 78 and 79 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 of an offence other than that charged or guilty of committing the offence in
circumstances involving a less degree of punishment or where it could after
hearing the evidence, make a special finding of guilty, subject to exceptions or
variations in accordance with rule 101, 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.
81.
Acceptance of plea of guilty. (1) Where an accused pleads guilty to a
charge under either sub-rule (1) or sub rule (2) of rule 80 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 hand over the
original record or abstract of evidence to the Court until the trial is concluded.
Where there is no record or abstract of evidence, the Court shall record, in
accordance with these rules sufficient evidence to enable it to determine the
sentence.
(3)
A Court shall not accept a plea of guilty under sub-rule (1) or subrule (2) of rule 83, if,
(a)

the Court is not satisfied that the accused understands the

nature of the charge or the effect of his plea; or

(b)

the presiding officer having regard to the evidence contained

in the record of evidence or the abstract of evidence and all
the circumstances. Considers that the accused should plead
not guilty; or

(c)

the accused is liable, if convicted, to be sentenced to death.

Page 43 of 110
(4)
(a) In the case of a plea of guilty under rule 82, a Court shall not
accept the plea unless the convening officer concurs and it is satisfied of the
justice of such course.
(b)
the prosecutor.

The concurrence of the convening officer may be signified by

(5)
When a plea of guilty under sub-rule (1) or sub-rule (2) of rule 80 is
not accepted by the Court or the accused either refuses to plead to the charge or
does not plead to it intelligibility, the Court shall record a plea of not guilty.
(6)
When a Court is satisfied that it can properly accept a plea of guilty
under sub-rule (1) or sub-rule (2) of rule 80 It shall record a finding of guilty in
respect thereof.
(7)
After the Court has recorded its findings, it shall give an
opportunity to the accused to adduce evidence of character and to make a
statement in mitigation of punishment.
(8)
If, from the evidence adduced by the accused and his statement
made under sub-rule (7), the Court is satisfied that the accused did not
understand the effect of the plea of guilty, it should alter the record and enter a
plea of not guilty and proceed with the trial accordingly.
(9)
After sub-rule (7) has been complied with and the Court has
decided to accept the plea of guilty the Court shall proceed as directed in rule
103.
82.
Plea on alternative charge. (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 in the charge-sheet;

Page 44 of 110
(ii) where the court records such finding the prosecutor shall before the
accused is arraigned on it withdraw any charge which is alternative
to the charge of which the court has found the accused guilty and
which is placed after it in the charge sheet.
83.
Order of trial where plea of guilty and not guilty. (1) After the Court
has recorded a finding of guilty, If there is no other charge in the same chargesheet to which the accused has pleaded not guilty and no other accused who has
pleaded not guilty to a charge in that charge-sheet, it shall proceed with the trial
as directed by rule 81.
(2)
Where there is another charge in the charge-sheet 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 81 until after it has dealt
with such other charge or tried such other accused and has announced and
recorded its finding in respect thereof.
84.
Charge of plea. (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 82) 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 81.
(2)
Where at any time during the trial it appears to the Court that an
accused who has pleaded guilty does not understand the effect of his plea or the
nature of the charge the Court shall enter a plea of not guilty and proceed with
the trial accordingly.
(3)
When the Court records a plea of not guilty in respect of any charge
under sub-rule (2) it shall, if there was a charge laid in the alternative thereto
which the, prosecutor withdrew under rule 82 reinstate such alternative charge,
arraign the accused thereof and proceed with the trial as if it had never been
withdrawn.
85.
Procedure on plea of not guilty. 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,

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(a)

(b)

(iii)

the accused may adduce evidence in support of his

application and the prosecutor may adduce evidence in
answer thereto; and
the prosecutor may address the Court in answer to the
application and the accused may reply to the prosecutor's
address;

the Court may grant an adjournment if it thinks the interests of

justice so require.

86.
Opening 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)
evidence.

The witnesses for the prosecution shall then be called to give their

87.
Additional witness. 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 and 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.
88.
Dropping witnesses. 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.
89.
Withdrawal of witnesses. 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.
90.
Examination of witness. (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-

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examined by the person who called him on matters arising out of the crossexamination.
(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 shall be administered an
oath or affirmation in the following Form or in such other form to the same purport
as the Court ascertains to be in accordance with his religion or otherwise binding
on his conscience.
FORM OF OATH
I, .swear by Almighty God that whatever I shall state, shall be the truth,
the whole truth and nothing but the truth.
FORM OF AFFIRMATION
I, ..............,. do, solemnly, truly and sincerely declare and affirm that whatever I
shall state, shall be the truth, the whole truth and nothing but the truth.
91.
Questioning by the Court. (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.
92.
Reading over of evidence. (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.

Page 47 of 110
(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 necessary to do so:
Provided that if any witness so demands, sub-rule (1) shall be complied
with.
93.
Calling or recalling witnesses by the Court. (1) (a) The Court may at
any time before it closes to deliberate in its finding or if there is 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.
94.
Submission of no case to answer and stopping of cases. (1) (a) At
the close of the case for the prosecution the accused may submit to the Court in
respect of any charge that the prosecution has failed to establish a prima facie
case for him to answer and that he should not be called upon to make his
defence to that charge.
(b)
Where the accused makes such submission 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)
(b)

the prosecution has not established a prima facie case

on the charge as laid; and
it is not open to it on the evidence to make a special finding
under either section 105 or sub-rule (4)of rule 101.

(3)
(a) Where the Court allows the submission, it shall find the accused
not guilty of the charge to which it relates and subject to confirmation the finding
shall forthwith be announced in open Court.
(b)
Where the Court disallows the submission it shall proceed with the
trial of the offence as charged.

Page 48 of 110
(4)
The Court may, of its own motion, after the close of the hearing of
the case of the prosecution, and after hearing the prosecutor find the accused
not guilty of the charge and subject to confirmation the finding shall forthwith be
announced in open Court.
95.
Case for the defence. (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)

(b)

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;
if he gives evidence on oath, he shall be liable to be crossexamined by the prosecutor and to be questioned by the
Court.

(2)
For the purpose of enabling the accused to explain any
circumstances appearing in the evidence against him, the Court may, at any
stage of the trial, without previously warning the accused, put such questions to
him as the Court considers necessary, and shall for the purpose aforesaid,
question him generally on the case after the witnesses for the prosecution have
been examined and before he is called on for his defence.
(3)
The accused shall not render himself liable to punishment by
refusing to answer such questions, or by giving false answers to them.
(4)
The answers given by the accused may be taken into consideration
in such trial and put in evidence, for or against him in any other inquiry into or trial
for, any other offence which such answers may tend to show he has committed.
(5)
If the accused intends to call a witness to the facts of the case other
than himself, he may make an opening address outlining the case for the
defence before the evidence for the defence is given.
96.
Witnesses for defence. (1) After rule 95 has been complied with the
witnesses for the defence (if any) shall be called to give their evidence.
(2)
The provisions of rules 90,91 and 92 shall apply to the witnesses
for the defence as they apply to the evidence of witnesses for the prosecution.
97.
Witness in reply. 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.

Page 49 of 110
98.
Closing address. (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 anyone 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.
(b)
Where anyone of the accused for whom he appears has called no
witness to facts other than himself such defending officer or counsel shall be
entitled to make his closing address after the prosecutor has made the closing
address.
99.
Summing up by Judge Attorney. 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.
100. Deliberation on finding. (1)The Court shall deliberate on its finding in
closed 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.
101. Record and announcement of finding. (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":
Provided that the Court shall record brief reasons for such findings which
shall be signed and dated by the presiding officer and the Judge-Attorney, if any.
(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.

Page 50 of 110
(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 is of opinion as regards any charge that the facts
which it finds to be proved in evidence differ materially from the facts alleged in
the statement of particulars in the charge but are nevertheless sufficient to prove
the offence stated in the charge, and that the difference is not so material as to
have prejudiced the accused in his defence, it may, instead of a finding of "Not
Guilty record a special finding.
(5)
The special finding may find the accused guilty on a charge subject
to the statement of exceptions or variation specified therein.
(6)
Where there are alternative charges and the facts proved appear to
the Court not to constitute the offence mentioned in any of those alterative
charges., the Court shall record a finding' of "Not Guilty" on that charge.
(7)
The Court shall not find the accused guilty on more than one of two
or more charges laid in the alternative, even if conviction upon one charge
necessarily connotes guilty upon the alternative charge or charges.
(8)
If the Court thinks that the facts proved constitute one of the
offences stated in two or more of the alternative charges, but doubts which of
those offences the facts do at law constitute, it may, before recording a finding on
those charges, refer to the confirming authority for an opinion, setting out the
facts which it finds to be proved and stating that it doubts whether those facts
constitute in law the offence stated in one or other of such charges and may, if
necessary, adjourn for that purpose.
(9) The finding on each charge shall be announced forthwith in open Court
as subject to confirmation.
102. Procedure on acquittal. 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.
103. Procedure on conviction. (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 take evidence of and record the general
Character, age, service, rank, any recognised acts of gallantry or distinguished

Page 51 of 110
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 as the case may be, section 58, 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 entries in the service book
respecting the accused and identifying the accused as the person referred to in
that summary.
(3)
The accused may cross-examine any such witness and may call
witnesses to rebut such evidence and if the accused so requests, the service
book or a duly certified copy of the material entries therein, shall be produced
and if the accused alleges that the summary is in any respect not in accordance
with the service book or such certified copy, as the case may be, the Court shall
compare the summary with the service book or with copy of the material entries
and if it finds that it is not in accordance therewith, shall cause summary to be
corrected or the objection of the accused to be recorded.
(4)
When all the evidence on the above matter has been given, the
accused may address the Court thereon and in mitigation of punishment.
104. Sentence. 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.
105. Recommendation for mercy. (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.
106. Announcement of sentence and signing and transmission of
proceedings. (1) The sentence together with any recommendation to mercy
and the reasons for any such recommendation shall be announced forthwith in
open Court and 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.

Page 52 of 110

107. Revision. (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 an opportunity to address the Court in
respect of matter raised in the revision order.
(3)
(a) The Court shall then deliberate on its finding in closed Court and
if the Court does not adhere to its former finding, it shall revoke the finding and
sentence and record a new finding and if such new finding involves a sentence,
pass the sentence, afresh.
(b)
Where the original finding was one of "Not Guilty", the Court shall,
before passing sentence comply with rules 102 and 103.
(4)
(a) Where the sentence alone is sent back for revision, the revision
order shall be read in open Court and the accused be given an opportunity to
address the Court in regard to matters referred to in the revision order.
(b)
The Court shall then reconsider its sentence in closed Court and if
it does not adhere to the sentence, revoke the sentence and pass the sentence
afresh.
(5)
Where the sentence alone is sent for revision the Court shall not
revise the finding.
108. Confirmation and promulgation. (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.

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(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 of the court
or a plea in bar of trial or has over-ruled an objection to a charge it shall not be
necessary for the confirming authority to approve specifically the decision of the
Court, but its approval shall be implied from its confirming the finding on the
charge to which the plea or objection relates.
(b)
Where it disapproves the decision of the Court to reject the plea or
to over-rule the objection it shall withhold confirmation of the finding on the
charge to which the plea or objection relates.
(4)
A confirming authority may state its reasons for withholding
confirmation in any case, but if it withholds confirmation where a Court has
rejected a plea to the jurisdiction or plea in bar of trial or has over-ruled an
objection to the charges because it disapproves the decision of the Court, the
confirming authority shall record its decision under sub-rule (1) stating the reason
to withhold its confirmation.
(5)
Where the sentence of a Court is improperly expressed, the
confirming authority may in confirming the sentence vary the form thereof so that
it' shall be properly expressed.
(6)
Whenever it appears that there is sufficient evidence on a plea of
guilty under sub-rule (1) or sub-rule (2) of rule 80 to justify the finding of the
Court, such finding and any lawful sentence consequent thereon may be
confirmed, and if confirmed, shall be valid, notwithstanding any deviation from,
these rules, if the accused has not been prejudiced by such deviation.
(7)
While confirming the finding, the confirming authority may either
unconditionally or subject to conditions which the accused accepts, reduce or
remit a portion of the sentence or commute the punishment to one lower in the
scale of punishments in section 51.
(8)
(a) When a confirming authority has confirmed a finding and a
sentence of a Court or has withheld confirmation thereof, it shall send the record
of the proceedings to the Commanding Officer of the accused for promulgation to
the accused of the finding and sentence or the fact that confirmation has been
withheld as the case may be.
(b)
The fact of promulgation shall be recorded on the record of the
proceedings in the Form set out in Appendix IX.

Page 54 of 110
(c)
Where confirmation has been withheld because the confirming
authority disapproves the Court's decision to reject a plea to the jurisdiction of a
plea in bar of trial or to over-rule an objection to the charge, the accused shall be
so informed.

CHAPTER X
PROCEDURE OF FORCE COURTS AND INCIDENTAL MATTERS
109. Seating of members. The members of a Court shall take their seats
according to their rank.
110. Responsibility of presiding officer. (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 there under 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 from any disadvantage in consequence of
his position as a person under trial, or of his ignorance, or of his incapacity to
examine or cross-examine witnesses, or otherwise.
111. Power of Court over address of prosecutor and accused. (1) It is
the duty of the prosecutor to assist the Court in the administration of justice, to
behave impartially, to bring the whole of the transaction before the Court and not
to take any unfair advantage of, or suppress any evidence in favour of the
accused.
(2)
The prosecutor may not refer to any matter not relevant to the
charge or charges, 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 and 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 charge other persons with blame and even criminality and if he
does so, he shall be responsible for any liability which he may thereby incur and
the Court may caution the accused as to the irrelevance of his defence, but shall
not unless in special case, stop his defence solely on ground of such irrelevance.
112. Sitting in closed Court. (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.

Page 55 of 110
(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 yet to give evidence or any other person, other than the
accused, who interferes with its proceedings.
113. Continuity of trial and adjournment of Court. (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 is not specified, the
adjournment shall be until further orders from the Force authority, and, if the
place to which an adjournment is made is not specified, the adjournment shall be
to the same place or to such other place as may be specified in further orders
from the Force authority.
114. Suspension of trial. (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.
115. Proceedings on death or illness of accused. 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

Page 56 of 110
record the same and adjourn and transmit the proceedings to the convening
authority.
116. Death, retirement or absence of presiding officer. 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.
117. Presence of all members of Court. (1) All the members of the Court
shall remain present during the trial of an accused and 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)
arraigned.

An officer shall not be added to a Court after accused has been

118. Taking of opinions of members of Court. (1) Every member of a

Court must give his opinion by word of mouth on every question which the Court
has to decide, and must give his opinion as to the sentence notwithstanding that
he has given his opinion in favour of acquittal.
(2)
The opinions of the members of the Court shall be taken in
succession, beginning with the member lowest in rank.
119. Procedure on incidental questions. If any objections 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.
120. Evidence when to be translated. 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.
121. Record in Proceedings of transactions of a Force Court. (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.

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(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 shall if
the prosecutor or accused so requests or the Court thinks fit, be entered upon
the proceedings together with the grounds of the objection and the decision of
the Court thereon.
(4)
Where any address by, or on behalf of the prosecutor' or the
accused, is not in writing, it shall not be necessary to record the same in the
proceedings further or otherwise than the Court thinks proper, except that,
(a)

the Court shall in every case make such record of the

defence, made by the accused as will enable the confirming
officer to judge of the reply made by, or on behalf of, the
accused to each charge against him; and

(b)

the Court shall also record any particular matters in the

address by or on behalf of the prosecutor or the accused
when the prosecutor or the accused; as the case may be,
may require.

(5)
The Court shall not enter in the proceedings any comment or
anything not before the Court, or any report or any fact not forming part of the
trial, but if any such comment or report seems to the Court necessary, the Court
may forward it to the proper authority in a separate document, signed by the
presiding officer.
122. Custody and inspection of proceedings. The proceedings shall be
deemed to be in the custody of the Judge Attorney (if any), or, if there is none
with 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.
123. Review of General /Petty Force Court proceedings. 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.
124. Defending Officer, friend of accused and counsel. (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

Page 58 of 110
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.
125. Requirement for appearance of counsel. (1) 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 convening officer so directs counsel may appear
alongwith the prosecutor but in that case, unless the notice referred to in sub-rule
(1) has been given by the accused, notice of the direction for counsel to appear
shall be given to the accused at such time, 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 counsel, who appears before a Court on behalf of the,
prosecutor or accused, shall have the same rights as the prosecutor or accused,
for whom he appears to call, and orally examine, cross-examine and re-examine
witnesses, to put in any plea, and to inspect the proceedings and shall have the
right otherwise to act in the course of the trial in place of the person on whose
behalf he appears and he shall comply with the provisions of these rules as if he
was that person and in such a case that person shall have no right himself to do
any of the aforesaid matters except as regards the statement allowed by sub-rule
(2) of rule 96 and sub-rule (4) of rule 103 or except so far as the Court permits
him to do so.
(4)
When counsel appears on behalf of the prosecutor, the prosecutor
if called as witness may be examined as any other witness.
126. Disqualification of Judge Attorney. An officer who is disqualified for
sitting on a Court, shall be disqualified for acting as a Judge Attorney at that
Court.
127. Substitution on death, illness or absence of Judge Attorney. 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 and on receipt of the report the

Page 59 of 110
convening officer may appoint another person who shall be sworn or affirmed,
and act as Judge Attorney for the residue of the trial, or unit the Judge Attorney
returns as the case may be.
128. Power and duties of Judge Attorney. 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 or 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 such, or
because of ignorance or incapacity to examine or cross-examine witnesses and
for this purpose the Judge Attorney may, with the permission of the Court, call
witness and put questions to them which appear to him to be necessary or
desirable.
(3)
In the discharge of his duties, the Judge Attorney shall maintain an
attitude of strict impartiality.
(4)
Where any opinion has been given by the Judge Attorney to the
Court on any matter before it, it may be .entered in the proceedings, if the Judge
Attorney or the Court desires it to be entered.
(5) The Judge Attorney shall represent the Judge Attorney-General at
a Force Court.
129. Finding of insanity. 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 un-soundness 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 empowered to countersign them.

Page 60 of 110
130. Preservation of proceedings. The proceedings of every Court shall,
after promulgation, be forwarded to the office 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.
131. Right of person tried to copies of proceedings. 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.
132. Copy of proceedings not to be given in certain cases.
Notwithstanding anything contained in rule 131, 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 authorised by it
may direct; and

(b)

the person allowed to inspect the proceedings shall before such

inspection, furnish,
(i) an undertaking, in writing, that he shall not make copies of the
proceedings or any part thereof and that the information or
documents contained in such proceedings shall not be used by
him, for any purpose whatsoever, other than for the purpose of
submitting a petition in accordance with the provisions of the Act
or instituting an action in a court of law in relation to the said
finding or sentence; and
(ii) a certificate that he is aware that he may render him self liable
to prosecution under sections 3 and 5 of the Indian Official
Secrets Act, 1923 (19 of 1923) if he commits any act specified
in the said sections in relation to the documents or information
contained in the said proceedings.

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133. Loss of proceedings. (1) If, before confirmation, the original
proceedings of a Court which require confirmation or any part thereof, are lost, a
copy thereof, if any, certified by the presiding officer or the 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 finding and sentence of the previous Court to which the
proceedings have been lost shall be void.

(5)
If, after confirmation or in any case where confirmation is not
required, the original proceedings or any part thereof are lost, and there is
sufficient evidence of the charge, finding, sentence, and transactions of the Court
and of the confirmation (if required) of the finding and sentence, that evidence
shall be valid and sufficient record of the trial for all purposes.
134. Offences by witnesses and others. 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)

(b)

(c)

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.
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;
in other cases the officer who summoned the witness to appear or
the presiding officer or officer holding the Court, as the case may
be, may forward a written complaint to the nearest Magistrate of the
first class having jurisdiction, and in the case of acts which would, if
done by a person subject to this Act have constituted an offence
under clause (e) of section 40 or section 41, the Court, after making
any preliminary inquiry that may be necessary may send the case
to the nearest Magistrate of the first class having jurisdiction for

Page 62 of 110
inquiry or trial in accordance with section 340 of the Code of
Criminal Procedure, 1973 (2 of 1974),

CHAPTER XI

SUMMARY FORCE COURT

135. Proceedings. (1) The officer holding the trial (hereinafter in this chapter
called the Court) shall record, or cause to he 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 71
136. Evidence when to be translated. (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.
137. Assembly. When the Court, the interpreter (in 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
138 shall be taken by the persons mentioned therein.
138. Swearing or affirming of court and interpreter. The Court shall take
oath or affirmation in anyone 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 Sashastra Seema Bal Act, 2007, without
partiality, favour or affection.

Page 63 of 110
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 Sashastra Seema Bal
Act, 2007, without partiality, favour or affection.
(2)
The Court, or any other person empowered by it in this behalf shall
administer to the interpreter (if any) an oath or affirmation in any of the following
forms, or in such other form to the same purport as the Court ascertains to be
according to the religion or otherwise binding on the conscience of the person
who is to act as interpreter.
FORM OF OATH
I,......................swear by Almighty God that I will faithfully interpret and translate,
as I shall be required to do touching the matter before this Court.
FORM OF AFFIRMATION
I,......................do solemnly, sincerely and truly declare and affirm that I will
faithfully interpret and translate, as I shall be required to do touching the matter
before this Court.
(3)
The witnesses shall, after the administration of the oath and the
affirmation, withdraw from the Court.
139. Swearing of Court to try several accused persons. (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.
140. Arraignment of accused. (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.

Page 64 of 110
(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.
141. Objection by accused to 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.
142. Amendment of charge. (1) At any time during the trial if it appears to
the Court that there is mistake in the name or description of the accused in the
charge-sheet, it shall amend the charge-sheet so as to correct that mistake.
(2)
If on the trial of a charge it appears to the court at any time before it
has begun to examine the witnesses, that in the interests of justice any addition
to, omission from, or alteration in, the charge is required, it may amend such
charge and may, after due notice to the accused, and with the sanction of the
officer empowered to convene a Petty Force Court for the trial of the accused, if
the amended charge require such sanction, proceed with the trial on such
amended charge.
143. Special pleas. 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.
144. General plea of "Guilty" or "Not Guilty". (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 guilty to the first two or more
charges laid in the alternative, the Court may after sub-rule (2) has been
complied with and before the accused is arraigned on the alternative charge or
charges, withdraw such alternative charge or charges and follow the charge to
which the accused has pleaded guilty without requiring the accused to plead
thereto, and a record to that effect shall be made in the proceedings of the Court.

Page 65 of 110
145. Procedure after plea of "Guilty". (1) Upon the record of the plea of
"Guilty" if there are other charges in the same charge-sheet to which the plea is
"Not Guilty", the trial shall first proceed with respect to those other charges. and,
after the finding on those charges, shall proceed with the charges on which a
plea of "Guilty" has been entered, but if there are alternative charges, the Court
may either proceed with respect to all the charges as if the accused had not
pleaded "Guilty to any charge or may, instead of trying him, record a finding of
"Guilty" upon anyone 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 proceedings or if there is no such record,
or abstract shall take and record sufficient evidence to enable it, to determine the
sentence, and the reviewing officer to know all the circumstances connected with
the offence.
(b)
The evidence shall be taken in like manner as is directed by these
rules in the case of a plea of "Not Guilty".
(3)
The accused may, after such evidence has been taken or as the
case may be, the record or 'abstract of evidence has been read, address the
court with reference to the charge and in mitigation of punishment and may call
witnesses as to his character.
(4)
(a) If from the statement of the accused or from the record of
evidence or otherwise it appears to the Court that the accused did not
understand the effect of his plea of "Guilty", the Court shall alter the record and
enter a plea of "Not Guilty", and proceed with the trial accordingly.
(b)
Any alternative charges withdrawn under sub-rule (1) shall be
reinstated in the charge-sheet and the trial shall take place as if they had never
been withdrawn.
(5)
If a plea of "Guilty" is recorded on some charges and the trial
proceeds with respect to other charges in the same charge-sheet, the
proceedings under sub-rules (2) and (3) shall take place after the finding on the
other charges in the same charge-sheet are recorded.
(6)
When the accused states anything in mitigation of punishment
which in the opinion of the Court requires to be proved, and would if proved affect
the amount of punishment, the Court may permit the accused to call witnesses to
prove the same.

Page 66 of 110
146. Withdrawal of plea of "Not Guilty". 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
144, record a plea and finding of "Guilty" and shall, so far as if necessary
proceed in the manner specified in rule 145.
147. Procedure after plea of "Not Guilty". (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)
character.

The accused may then call his witnesses, including witnesses to

148. Witnesses in reply to defence.The Court may, if it thinks it necessary in

the interests of justice, call witnesses in reply to the defence.
149. Evidence of witnesses. The provisions of rules 91 ,92 and 93 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.
150. Record and announcement of finding. (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 prove
the offence stated in the charge, and that the difference is not so material as to
have prejudiced the accused in his defence, it may, instead of a finding of "Not
Guilty" record a special finding.
(5)
Where there are alternative charges, and the facts proved appear
to the court not to constitute the offence mentioned in any of those alternative
charges the court shall record a finding of "Not Guilty" on that charge.

Page 67 of 110

(6)
The special finding may find the accused guilty on a charge subject
to the statement of exceptions or variations specified therein.
(7)
The Court shall not find the accused guilty on more than one or two
or more charges laid in the alternative, even if conviction upon one charge
necessarily connotes guilty upon the alternative charge or charges.
151. Procedure on acquittal. 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.
152. Procedure on finding of "Guilty" . (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 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 on any previous sentence, and any
decoration, or reward, of which he may be in possession or to which he may be
entitled.
(2)
Where the Court does not record the matters mentioned in this rule
of its own knowledge evidence on these matters may be taken in the manner
specified in rule 103 for similar evidence.
153. Sentence. The Court shall award one sentence in respect of all the
offences of which the accused is found guilty.
154. Signing of proceedings.The Court shall affix its signature and the date
to the sentence and such signature shall authenticate the whole of the
proceedings.
155. Charges in different charge sheets. (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 up to and including the stage of
finding.
(2) The Court shall, thereafter, comply with rule 151 or as the case
may be, rule 152.
156. Clearing the Court. (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.

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(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.
157.

Adjournment.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.

158. Friend of the accused. 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:
Provided that such person shall not examine or cross examine witnesses
or address the Court.
159. Memorandum to be attached to proceedings.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.
160. Promulgation. 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.
161. Review of proceedings. The proceedings of a Summary Force Court
shall immediately on promulgation be forwarded through the Judge AttorneyGeneral, or an officer nominated by him for the purpose to the Deputy Inspector
General or the under whom the accused may be serving.
162. Action by the Deputy Inspector-General. (1) Where the Deputy
Inspector-General to whom the proceedings of a Summary Force Court have
been forwarded under rule 161 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.

Page 69 of 110

(3)
The proceedings shall after its promulgation, be forwarded to the
Judge Attorney-General for custody.
163. Rules which shall not apply to trial by Summary Force Court.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.

CHAPTER XII

EXECUTION OF SENTENCE
164. Direction about sentence of imprisonment. (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.

165. Warrants. (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 a Deputy Inspector-General, InspectorGeneral or the Director-General.
166. Warrant in case of sentence of death. (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 under whom the accused may
be serving, after the sentence has been confirmed by the Central Government.
and the Deputy Inspector-General shall arrange for the execution of the
sentence.

Page 70 of 110
167. Changes in 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 165 in the
Form set out in Appendix XII.
168. Sentence of dismissal. (1) Sentence of dismissal shall take effect from
the date of promulgation of such sentence or from any subsequent date as may
be specified at the time of promulgation.
(2)
A sentence of dismissal combined with imprisonment to be
undergone in a civil prison shall not take effect until such person has been
committed to a civil prison.

CHAPTER XIII

PETITIONS
169. Petitions against finding and sentence of Court. (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.
170. Period of Limitation. (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 three 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 three months.
171. Mode of submitting petitions. (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.

Page 71 of 110

(3)
An officer receiving a petition shall send it to the Judge AttorneyGeneral or to the officer approved by him for advice.

CHAPTER XIV

COURT OF INQUIRY
172. Composition. (1) A Court of Inquiry may consist of one or more
members and if only one member is appointed he shall be an officer or if more
than one member is appointed, at least one of them should be an officer and
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 and in case it is not possible to appoint all the members of the same or the
higher rank, at least the presiding officer of such a Court of Inquiry shall be of a
higher rank than the officer whose conduct is under inquiry.
173. Assembly order. (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 and it will also provide for the
administrative requirements of the Court.
174. Members of Court not to be sworn or affirmed. 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
give my opinion as to ............................. the circumstances in which became 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."
175. Procedure of Courts of Inquiry. (1) The proceedings of a Court of
Inquiry shall not be open to the public and only such persons may attend the
proceedings as are permitted by the Court to do so.

Page 72 of 110
(2)
The evidence of all witnesses shall be taken on oath or affirmation
and signed by them after the same has been read over and explained to them.
Explanation.For the purpose of this rule, 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 court may ask witnesses any questions, in any form, that they
consider necessary to elicit the truth and may take into consideration any
evidence, whether the same is admissible under the Indian Evidence Act, 1872
(1 of 1872) or not.
(6)
No counsel, or legal practitioner shall be permitted to appear before
a Court of Inquiry.
(7)
Provisions of section 101 shall apply for procuring the attendance
of witnesses before the Court of Inquiry and witnesses shall be summoned as
per Form set out in Appendix XV.
(8)
(a) Save in the case of a prisoner of war who is still absent
whenever the subject matter of inquiry is the conduct or character of a particular
person, such person may be associated throughout with the inquiry and be given
full opportunity of making any statement, or giving any evidence, he may wish to
make or give, and of cross-examination any witness whose evidence in his
opinion, affects his character or reputation.
(b) In other cases, before giving opinion against any person subject to
the Act, the Court shall afford that person an opportunity to know all that has
been stated against him, cross-examine any witnesses who have given evidence
against him, and make a statement and call witnesses in his defence.
(9)
The answers given by a witness to any question asked before the
Court shall not be admissible against such a witness on any charge at any
subsequent occasion except a charge of giving false evidence before such Court.
(10) Where the proceedings of an inquiry are submitted to a higher
authority for orders under rule 177 such authority before disagreeing with the
opinion of the Court, shall record reasons for doing so. In such a case, provisions
of clause (b) of sub-rule (8) may not be complied with.

Page 73 of 110
(11) The Court may be re-assembled as often as the officer who
assembled the court may direct, for the purpose of examining additional
witnesses, or further examining any witness or recording further information and
in such a case the Court may record fresh opinion if considered necessary after
complying with the provisions of clause (b) of sub rule (8).
176. Courts of Inquiry, when to be held. (1) A Court of Inquiry may be held
to inquire 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 of the Act, 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 the Form set out in Appendix XIII.

(b)

All injuries sustained by persons subject to the Act which are

likely to cause full or partial disability, the court shall in such
case determine whether such injuries were attributable to
service or not.

(c)

All financial irregularities, losses, theft and misappropriation

of public or Force property, where it is necessary to obtain
the order of a superior officer on such irregularities, loss,
theft or misappropriation.

(d)

All losses of secret documents and any other material of

secret or above security classification, the Court of Inquiry
shall be ordered by an officer or authority superior to the
Commanding Officer of the Unit having the lost document or
material on its charge.

(e)

All injuries sustained by private persons or damages to their

property in respect of which there is likely to be a claim
against the Government or the Force.

Page 74 of 110
177. Action on the proceedings of a Court of Inquiry.The proceedings of
a Court of Inquiry shall be submitted by the presiding officer to the officer or
authority who ordered the Court and such officer or authority on receiving the
proceedings may pass final orders thereon himself, if he is empowered to do so,
or refer them to a superior authority.
178. Copies of Court of Inquiry proceedings.A 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 purposes of this chapter Court means a Court of Inquiry.

CHAPTER XV

MISCELLANEOUS
179. Prescribed officer under section 11.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.
180. Authority prescribed for the purpose of section 13(1) . The authority
for the purpose of sub-section (1) of section 13 shall be :
(i)
(ii)

Director-General in respect of all personnel subject to the Act other

than officers.
Central Government in respect of officers.

181. Prescribed officer under sections 61 and 62. (1) The following shall
be the prescribed officers for the purpose of clause (i) of sub-section (2) of
section 61 and section 62:
(i)
(ii)

Commandant in case of subordinate officers and enrolled persons.

Director-General in the case of officers.

(2)
Any power conferred under this rule on any of the aforesaid officer
may also be exercised by any officer superior to that officer.
182. Prescribed authorities under section 66.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.

Page 75 of 110
183. Prescribed officer under section 75 . The prescribed officer for the
purpose of sub-section (1) of section 75 shall be the officer commanding a
Frontier, sector or training institution or an officer commanding the Force in the
field.
EXECUTION OF SENTENCE
184. Prescribed manner of custody and prescribed officer under sections
111 and 112. (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 he acts, but if he is of the opinion that service exigencies, or
the necessities of discipline, render it impossible or inexpedient to obtain such
approval, he may act without obtaining such approval, but shall report his action
and the reasons thereof to such officer.
(3)
For the purpose of sub-section (4) of section 111 the accused shall
be confined in such manner as may, in the opinion of the proper Force authority,
be best calculated to keep him securely without unnecessary harshness, as he is
not to be considered as a criminal but as a person labouring under a disease.
185. Prescribed officer under section 132.The prescribed officer for the
purpose of section 132 shall be the officer commanding a frontier, sector or
training institution in respect of proceedings confirmed by him or by a person
under his command.
186. Authorised deductions.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 approved 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.

Page 76 of 110

Explanation. (i) "Public Claim" means any public debt or disallowance

including over-issue, 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 for the same.
(ii) The aforesaid deductions shall be in addition to those specified in the
Act.
187. Repeal and Savings. (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.
188. Transitory provision. 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.

Page 77 of 110

A P P E N D I X -I
(see rule 16)

SASHASTRA SEEMA BAL RECRUITING FORM

No .
1.
Name ..........................................
3.
Caste/Tribe/Class

Blood Group
Battalion/Unit..
2.Religion ................................
4. Father's Name ......................

(in case of Scheduled Castes,

Tribes and other Backward classes only)

5.
6.
7.
9.
10.
11.
12.
13.
14.
15.

Heir....................................................
Date of birth by Christian Era ......................................................................
(As nearly as can be ascertained).
Height........................................................Cms 8. ChestCms.
Identification Marks .,....................................................................................
Residence ............................ Village/Town ..........................................
Thana.District........................................State..........................
Character and antecedents ..........................................................................
verified by .....................................................................................................
Occupation prior to enlistment ...................
Educational qualifications, if any ..................................................................
Date of enrolment......................................................... :...............................
Enrolled as ...................................................................................................

Recent photograph

Page 78 of 110

FORM OF ENROLMENT
ENROLMENT OF
No.............................................. ..Name (in Block Letters)....................................
as a..in the Sashastra Seema Bal.
PART I
(Questions to be put before enrolment)
You are warned that if after enrolment, it is found that you have given a
willfully false answer to any of the first twelve of the following questions you will
be liable to be punished as provided in the Sashastra Seema Bal Act, 2007.
(ALL ANSWERS ARE TO BE WRITTEN IN BLOCK LETTERS)
Questions:
1.
What is your name?
(Underline Surname)
2.

(a)
(b)

What is your place of birth?

(State Village/Town), District and State of Birth)
What is your date of birth?
(State in Christian Era)

(N.B.- To support the date of birth the person being enrolled will be required to
produce original, together with attested copies of the certificate specified in
Government orders from time to time).
3.

What is your permanent home address?

(a)
Village/Town
(b)
Thana
(c)
Pargana/Tehsil
(d)
District/Taluk
(e)
State

4.

(a)
(b)

What is your religion?

Are you a member of a Scheduled Caste, a Scheduled Tribe or an
other Backward Class?

(If so, state Caste, Tribe or Class and also produce original certificate
together with attested copy of such certificate issued by competent authority
specified by Government from time to time).
5.

(a)

Are you a citizen of India? If so, whether by birth or descent or

registration or naturalization or otherwise?

Page 79 of 110
(b)

If you are not a citizen of India, what is your Nationality?

(c)

Have you migrated from areas now in Pakistan? If so, state the
date of your migration.

6.

What are your educational qualifications? (Original certificates. with one

attested copy of each, are to be produced).

7.

Are you married?* If so state

(i)
Date of marriage(s).
(ii)
Name(s) of Spouse(s)
(iii)
Nationality of spouse(s)
*(This does not include widow/widower/divorced).

8.

(a)

What is your father's name and address? If dead, state last

address, district and state.

(b)

What is or was the nationality of your father? If he is or was an

Indian citizen, state whether by birth, descent, registration,
naturalization or otherwise.

9.
Are you or have you ever been member of a party or organisation of a
political, communal or cultural nature? If so, state the name of the party or
organisation with the period/periods of your membership therein.
10 .

11.

(a)

Are you in Government service or have you ever been a

Government servant? If so, state full particulars and the reasons for
discharge and confirm that you were never dismissed from any
Government service.

(b)

Are you in receipt of any allowance and/or pension from the

Government? If so, on what account?

(a)

Do you belong to Army, Navy or Air Force, the reserves of any of

the three services, the Auxiliary Air Force, the Territorial Army and
Police Force in India or the Nepal State Army or any of the Force of
a foreign country?

(b)

Have you ever served in any of the Army, Navy or Air Force in
India, the Reserves of any of the three services, the Auxiliary Air
Force, the Territorial Army, or any Police Force in India or Nepal
State Army or any of the force of a foreign country? If so, state in
which and the cause of discharge. If you have served in more than
one of the above named forces, or if you have served the same
force in two or more distinct periods, state the cause of discharge
separately in each case.

Page 80 of 110

12.

(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)

(l)

Have you ever been arrested?

Have you ever been prosecuted?
Have you ever been kept under detention or imprisoned?
Have you ever been convicted by court of law for any offence?
Have you ever been bound down?
Have you ever been fined by a court of law?
Have you ever been interned, externed or otherwise dealt with
under any law in force in India or outside? If so, state particulars.
Are you facing any prosecution in any court in India or abroad?
Have you ever been debarred from any examination or rusticated
by any University or any other educational authority/Institution?
Have you ever been debarred/disqualified by any public service
commission from appearing at its examination/selection?
Is any case pending against you in any University or other
educational authority/institution at the time of filling up this
enrolment form?
Whether discharged/expelled/withdrawn from any training institution
under the Government or otherwise.

13.

Are you willing to be enrolled as a combatant in the Sashastra Seema Bal ?

14.

Are you willing to go wherever ordered by land, sea or air and not to allow
any caste or social usages to interfere with the duties for which you are
enrolled?
Are you willing to serve in Sashastra Seema Bal until discharged, in
accordance with the conditions of service as specified in Part II of this
form of Enrolment?

15.

16.

Do you have any objections to take the following oath or to make the
following affirmation at the time of your attestation?

Signature of individual

Page 81 of 110
FORM OF OATH
I., do swear in the name of God that I will bear
true faith and allegiance to the Constitution of India as by law established and
that I will as in duty bound, honestly and faithfully serve in the Sashastra Seema
Bal, and go wherever ordered, by air, land or sea and that I will observe and
obey all commands of the President of the Union of India and the commands of
any officer set over me even to the peril of my life.
FORM OF AFFIRMATION
I,., do solemnly, sincerely and truly declare and
affirm that 1 will bear true faith and allegiance to the Constitution of India as by
law established and that I will, as in duty bound. honestly and faithfully serve in
the Sashastra Seema Bal and go wherever ordered by air, land or sea and that I
will observe and obey all commands of the President of India and the commands
of any officer set over me even to peril of my life.
CERTIFICATE
I,....................................................... , do solemnly declare that the
answers furnished by me above are true.
Place. . . . . . . . . . . . . . . . . . . .
Date ................... .

*(
)
Signature of person enrolled
Left thumb impression of the person enrolled
taken in the presence of the Enrolling Officer

................................Signature
................................Name
................................Address of witness.
(*Name in Block letters)

Signature of officer who administer

Oath of Affirmation

Page 82 of 110
PART II
CONDITIONS OF SERVICE
1.
Subject to the provisions of the Sashastra Seema Bal Act, and the
Rules made there under, the period for which you are enrolled shall be. . . . . . . . .
years which may be extended by mutual agreement.
2.
If you absent without leave, or desert, the total period of such
absence shall not count towards that said period of. . . . . . . . . . years.
3.
On completion of the said period of. . . . . . . . . . years of service or
further extension of tenure you will be entitled to claim your discharge and you
will be discharged with all convenient speed, unless the country is engaged in
hostilities, or a state of emergency has been declared or the unit or institution to
which you belong is more than 15 % under strength.
4.
You are liable to be discharged during the first year of the service if
you are not likely to become an efficient member of the Force.
5.
You will also be liable to be discharged if the Central Government
decides to disband the Force or a portion of it.
Certificate by the person to be enrolled
I have understood the above conditions and agree to abide by them.
()
Signature of the person enrolled
Place. . . . . . . . . . . . . . . . . .
Date..................
The above conditions have been read/explained to the person being
enrolled by me.
(. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .)
Signature of the Enrolling Officer
Place. . . . . . . . . . . . . . . .
Date ..................... .

Page 83 of 110
PART-III
HEALTH CERTIFICATE
I do hereby certify that I have examined .. . . . . . . . . . . . . . . . . . . . . . . .
candidate for employment in the Sashastra Seema Bal. He fulfils medical
standards laid down for the Sashastra Seema Bal and I cannot discover that he
has any disease, constitutional affliction or bodily infirmity. His age according to
his own statement is. Years and by appearance.. years.
Height
.............. Cms
Chest (a) Maximum ...........Cms
(b) Minimum ...................... Cms
Place. . . . . . . . . . . . . . . .
Date ............................. .

Signature of Medical Officer

Designation

Page 84 of 110

A P P E N D I X- II
[(See rule 39(1)]

FORM OF DELAY REPORT

Confidential
No..
Unit address ................................
Date..........
To

Subject: [(1st .) (2nd). (3rd), (4th), etc. Eight day delay report pursuance to the
section 71 and rule 39 of the Sashastra Seema Bal Act.
1.

No.....................................
Rank
......................................
Name..........................................................................................
2. Offence ...................................................................................
3.
Date of Offence ....................................,.................................
4.
Date when offence was discovered ........................
5.
Date of (open/close) arrest........................................................
6.
Date of release to open arrest/release without prejudice to re-arrest (if not
released, reason).
7. Record of evidence made on (If not recorded, reasons)
8. Application for trial made on ......................................................................
9. Date due to be tried ...................................................................................
10. Reason for delay ................................................................................

(COMMANDING OFFICER)
Copy to:
1. Inspector-General (In the case of the 8th and subsequent reports).
2. Director-General (Special report in case the accused is under close arrest for
more than 3 months without a trial).

Page 85 of 110

APPENDIX III
[See rule 40(2)(b)]

SI.
No

1.

Date Name of Name of the

Officer
or
the
Accused Subordinate
Officer
to
whom request
or
representation
made

2.

3.

4.

Particulars
of
the
request or
Represent
ation

Orders
of the
Comma
nding
Officer

5.

6.

Signature and Remarks

date of the
Officer
or
Subordinate
Officer
who
conveys
the
orders of the
Commanding
Officer to the
accused

7.

8.

Page 86 of 110

APPENDIX IV
(See rule 44)
Form for use at summary proceedings of under-officers and other enrolled
persons under section 56 of the Sashastra Seema Bal Act, 2007.
OFFENCE REPORT

Unit
Serial No
For week ending ...............................
Last report submitted on .
Charges against No ...................Rank Name...........

Place
and
date of
offence

1.

Offence Plea

2.

3.

Names of
witness

Punishment
awarded

4.

5.

Date of entry
Signature
in conduct
Rank and
sheet
designation
of
officer
by
whom
awarded and
date
of award
6.
7.

Signature of Commanding Officer

of the Battalion/Unit
Instructions:
Col. 1 In cases of absence without leave or desertion, the date of offence" will
be the first day of absence.
Col. 2

The section and sub-section of the Act under which the charge is
preferred will be inserted above the statement of offence.

Col. 4 An officer cannot deal summarily with a case in which he is the sole
prosecution witness.
Col. 5 Must be completed strictly in accordance with the heading.
NOTE: This will be prepared in duplicate.
A copy along with a precis of evidence where made shall be sent to the
Deputy Inspector-General.

Remarks

8.

Page 87 of 110

APPENDIX V
(See rules 44 and 56(2)
CHARGE-SHEET
The accused No..(if applicable) Rank..
Name ...................................... Battalion/Unit..................................is charged with
disobeying the lawful command of his superior officer under section 23 (2) of the
Sashastra Seema Bal Act in that he,
at................................................. on...................................... disobeyed the lawful
command of his superior officer, Rank........................... Name..............................
of the same Battalion, to turn out for Commandant's parade, by not turning out.
Place. . . . . . . . . . . . . . . .
Date .................. ..
AB.
Commanding Officer. Bn/Unit

*To be tried by a General/Petty Force Court

Place. . . . . . . . . . . . . . . .
Date .................... -.

X.Y.

Inspector-General/Dy. Inspector-General
(Or Staff Officer to IG/DIG)
*When the sanction is accorded for the trial of the grave offences by
Summary Force Court (Sashastra Seema Bal Act section 86 (2), a similar entry
should be made on the charge sheet.

Page 88 of 110

APPENDIX VI
(See rule 55)
FORM OF APPLICATION FOR A FORCE COURT
Battalion/Unit
Date..20.
Station
Application for a Force Court
Sir,
I have the honour to submit charge(s) against No..............Rank
Name. of the.. Unit under my command, and
request you to accord/obtain sanction, of.........that a Force Court
may be assembled for his trial at..
The case was investigated by (a)............................
A Court of Inquiry was held on(b)...... ......................date ................ at.....
.......................at .............. (Station).
Presiding Officer ........................... .Rank, Name and Unit.
Members.........................................
The accused is now at ................... .His general character is (c) I enclose
the following documents (d). .
1.Charge-sheet[ ....................................................... copies(e).]
2. Record or abstract of evidence original (f) and 5 copies.
3. Original exhibits (g).
4. Correspondence (g).
5. Statement as to character ( and the) conduct-sheet of the accused (g).
6. List of witnesses for the prosecution and defence (with their present
addresses) (g).
7. List of Exhibits (h).
8. Statement by accused as to whether or not he desires to have an officer
assigned by the convening officer to represent him at the trial [rule
65(2)].
Signature of Commanding Officer
(a)

Here insert name of............................................................

(i) Officer who investigated the charges
(ii) Officer who made preliminary hearing into the case (Rule 45).
(iii) Officer who made the record of evidence (Rule 51).

(b)

To be filled in if there has been a Court of Inquiry respecting any

matters connected with the charges; otherwise to be struck out
[Rule 62(iii)]

Page 89 of 110

(c)

To be filled in by the Commanding Officer

(d)

Any items not applicable to be struck out.

(e)

One copy each to presiding officer, Judge-Attorney (if any),

members, Prosecutor and the accused.

(f)

Original record or abstract of Evidence to be sent to presiding

officer.

(g)

3, 4, 5 and 6 to be returned to the Commanding Officer of the Unit

of the accused with the notice of trial.

(h)

7 and 8 to be sent to the presiding officer.

Page 90 of 110

APPENDIX VII
[See rule 65 (a)]
FORMS AS TO FORCE COURT
FORMS FOR ASSEMBLY OF FORCE COURT
GENERAL AND PETTY
Forms or order for the Assembly of a General (or Petty) Court under the
Sashastra Seema Bal Act, 2007.
Orders by............................ ......
(Place ..Date ........ )
No...................
Rank ......................
Name ............................ The details of officers as mentioned below will assemble
at..on the..............................day of .for the
purpose of trying by a Bn./Unit Force Court the accused person
(persons) named in the margin (and such other person or persons as may be
brought before them)*
The senior officer to sit as Presiding Officer.

MEMBERS......................................
.................................................................................................WAITING MEMERS
................................................is appointed Judge Attorney
INTERPRETER
..is appointed Interpreter.
PROSECUTOR
......................................................................Is appointed Prosecutor.
*The accused will be warned, and all witnesses duly required to attend. The
proceedings (of which only two copies are required) will be forwarded
to.
Signed this...................................................day of................................
Convening Officer
*The opinion of the Convening Officer with respect to the composition of the
Court (see Rule 63) should be added here, thus:"In the opinion of the convening officer it is not practicable to appoint
officers of different Battalions/Units.
"In the opinion of the convening officer, officer of equal or superior rank to
the accused are not available, having due regard to the public service."
*Add here any order regarding Counsel. [See rule 65(g).

Page 91 of 110
APPENDIX VIII
[See rule 108]
In exercise of the powers conferred on me by Section 117 of the
Sashastra Seema Bal Act, 2007, I, ........................hereby order that
.. be delivered/paid to ................ ......................................(be
confiscated/destroyed).

Signature
(Confirming authority)
Place,..............
Date................

Page 92 of 110
APPENDIX IX
[(See rule 108(8)(b)]
The finding and sentence of the General/Petty Force Court held at ......
.(place). . .. .... . ..............., from..day to .. .. ..
............
..
...
.day
for
the
trial
of
the
accused
.......................................................were promulgated to the accused by me at
.......................................................(Place) on .........................................................
day of..............................20. .
Extract for Battalion/Unit records have been taken/*. No record has been
kept of the finding and sentence.
Signature
(Commanding Officer)
Place. . . . . . . . . . . . . . . .
Date
*To be used in case of acquittal on all charges.

Page 93 of 110

APPENDIX X
[See rule 165]
WARRANTS UNDER SECTIONS 135 AND 139 OF THE
SASHASTRA SEEMA BAL ACT, 2007
FORM 'A'
Warrant of commitment for use when a prisoner is sentenced to
imprisonment for life (Section 135).
To
The Superintendent
of the (a). .. .. .. .. .. . . " . . Prison.
Whereas at a General Force Court, held at.. .. .. .. .. .. .. .. .. .. .. . on the
day
of
........................................
20
,(No........................................
Rank ..................................) Name .........................................................................
Unit......................., was convicted of (the offence to be briefly stated here, as
"desertion on active duty", "correspondence with the enemy", "or as the case
may be").
And whereas the said General Force Court on the... .. .. .. .. .. .. .. .. . . day
of. .. .. .. ..20. passed the following sentence upon the said (Name .... ..
.) that is to say.....
(Sentence to be entered in full, but without signature)
And whereas the said sentence had been duly confirmed by (b) as
required by law (c).
This is to require and authorise you to receive the said
(Name ................................... ) into your custody in the said prison as by law is
required together with this warrant, until he shall be delivered over by you with
the said warrant to the proper authority and custody for the purpose of
undergoing the aforesaid sentence of imprisonment. The aforesaid sentence has
effected from (d)
Given
under
my
hand
at...:
..................................................
the........................ Day of....................20..

...this

Signature(s)
(a) Enter name of civil prison.
(b) Name and description of confirming authority.
(c) Add if necessary "with a remission of. .. .. .. .. .. .. .. .. .. .. .. .. ."
(d) Enter date on which the original sentence was signed.
(e) Signature of Commanding Officer of the prisoner or other prescribed officer.

Page 94 of 110
FORM 'B'
Warrant of commitment for use when a prisoner is sentenced to
imprisonment which is to be undergone in a civil prison (Section 135).
To
The Superintendent
of the (a) Prison.
Whereas at a(b)........Force Court held at ...................on the ..........
.................... day of. .. .. .. .. .. .. .. .. .. .. .. 20. (No
Rank. .. .. .. .. .. .. Name. ... .. .. .. .. .. ...Unit. .. .. .. .. .. .. .. .. .. .. )
was duly convicted of (the offence to be briefly stated here, as 'desertion', 'theft',
'receiving stolen goods', 'Fraud', 'disobedience of lawful command' or as the case
may be).
And whereas the said (b)......................................................... Force Court
on the. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. day of. .. .. .. .. .. .. .. .. . 20
passed the following sentence upon the said (Name) that is to
say......................................................................................................:...
(Sentence to be entered in full, but without signature)
And whereas the said sentence................................................................(c)
has been confirmed by (d) as required by law (e) is by taw valid without
confirmation.
This is to require and authorise you to receive the said
(Name..................................................) into your custody together with the
warrant and to carry the aforesaid sentence of imprisonment into execution
according to taw. The sentence has effect from the (f),..........................
Given under my hand at ..................................................
the.............................. day of............................20.

(a)
(b)
(c)
(d)
(e)
(f)
(g)

this

..Signature (g)
Enter name of civil prison.
General, Petty or Summary.
Strike out inapplicable words.
Name and description of confirming authority.
Add if necessary with a remission of. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
Enter date on which the original sentence was signed.
Signature of Commanding officer of Prisoner or other prescribed
officer.

Page 95 of 110
FORM 'C'
Warrant for use when a sentence of imprisonment for life is reduced by
superior authority to one of a shorter period (section 139)
To
The Superintendent
of the (a). .. .. .. .. .. .. .. . Prison
Whereas
(No........................Rank
...................
Name.................................)
(late) of the unit is confined in the (a).. .. .. .. .. (prison under a warrant
issued by (b) in pursuance of a sentence of (c). .. .. .. .. .. .. .. .. .. .. .. ..passed
upon him by a (d). .. .. .. . Sashastra Seema Bal Act Force Court held at
on. .. .. .. .. .. .. .. .. .. .. .. .. . And whereas (e)............has, in
the exercise of the power conferred upon him by the SSB Act, passed the
following
order
regarding
the
aforesaid
sentence,
thatis to..say
..................................... (1).. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
This is to require and authorise you to keep the said
(Name)in your custody together with this warrant in
the said prison as by law is required until he shall be delivered over by you with
the said warrant to the. proper authority and custody, for the purpose of his
undergoing the punishment of imprisonment for life under the said order. And this
is further to require and authorise you to return to me the original warrant of
commitment in lieu whereof this warrant is issued.
*The period of such imprisonment will reckon from the (g)
Given under my hand at .........................................................................this
the................................................day of 20.

(a)
(b)
(c)

(d)
(e)
(f)
(g)
(h)

Signature (h)
Enter name of civil prison.
Enter name or designation of officer who signed original warrant.
Enter original sentence (if this was reduced by the confirming
officer or other superior authority the sentence should be entered
thus:-"Life imprisonment reduced by confirming officer to 10 Years
General.
Name and designation of authority varying the sentence.
Order to be set out in full.
Enter date on which original sentence was signed.
Signature of prescribed officer.

Page 96 of 110
FORM 'D'
Warrant for use when prisoner is to be delivered into force custody.
To
The Superintendent
of the (a) Prison.
Whereas (No.,.....................Rank,...............Name............., ........................)
(late) of the .............unit is confined in the (a). .. .. .. .. .. .. .. .. .. .. prison under a
warrant issued by (b)....................... .in pursuance of sentence of (c)
...........passed upon him by a (d) ...................................... Force Court held at
.................on .....................and whereas (e). .. .... .. .. .. .. .. .. . has, in exercise of
the powers conferred upon him by the Sashastra Seema Bal Act passed, the
following order regarding the aforesaid sentence; that is to say
(f)............................
'This is to require and authorise you to deliver forthwith the said (name) in
your custody to the officer or subordinate officer bringing this warrant.
Given under my hand at, ............................this the......................................
day of . .. .. .. .. .. .. .20..
Signature(g)
(a)
(b)
(c)

(d)
(e)
(f)
(g)

Enter name of civil prison.

Enter name or designation of officer who signed original warrant.
Enter original sentence (if this was reduced by the confirming
officer or the other superior authority the sentence should be
entered thus:-"2 years rigorous imprisonment reduced by
confirming officer to 1 year".
General, Petty or Summary.
Name and designation of authority issuing the order.
Order to be set out in full (g) Signature of prescribed officer.
Signature of prescribed officer.

Page 97 of 110

APPENDIX XI
(See rule 166)
FORM 'A'
Warrant committing to civil prison custody a person sentenced to death.
To
The Superintendent of the (a).. . . ... . .Prison
Whereas at a(b).........................Force Court held at. . .... On
the................
.....day
of............20..,
(No..
Rank.. Name..........................) of the.................Unit was
convicted of........... .(offence to be briefly stated);
And whereas the said (b).. . . ...Force Court on the. .. .. . .. . . .. .. ..
day of.... . . . . . . . 20 , passed sentence of death by being hanged, on the said
(NAME):and the said sentence of death has been confirmed by the Central Government.
This is to require and authorise you to receive the said(Name)
.into your custody and to carry out the sentence of death on
. .
Given under my
of..20

hand

at

...,

...................................

this

day

Signature (c)

(a)
(b)
'(c)

Enter name of civil prison.

General.
Signature of the Director-General.

Page 98 of 110

FORM 'B'
Warrant to obtain in person sentenced to death from civil custody in order
to carry out such sentence.
To
The Superintendent
of the (a). . . . . . . . . . Prison,
Whereas(No.........Rank
.........................................
.Name..
..................................)
(late) of the Unit having been sentenced to suffer death on the .....
......day of. .20by a (b) .....,Force Court held at . .
...........is held in the said prison under a warrant by (c).
And whereas the said sentence having been duly confirmed by (d).,...,
...................... , ............................................................................................ as by
Law required an Order to carry out the said sentence has been issued to me
(e). .(Name and Rank) .................................................................. ...
This is to require and authorise you to deliver forthwith the said (Name)..
to the officer/Subordinate officer/Under officer bringing the
warrant.
Given under my
....................................... ...

hand

at

.this

day

of.

Signature (f)
(a)
(b)
(c)
(d)
(e)
(f)

Enter name of civil prison,

General.
Enter name or designation of officer who signed original warrant.
Name and description of confirming authority.
Name and designation of the officer to whom the order is issued.
Signature of the officer by whom the order is issued.

Page 99 of 110
FORM 'C'
Warrant to carry out sentence of death.
To
The Deputy Inspector General,
Whereas at a(a).....................by Force Court held at..on the
day of.. . ... . . . . . . . .20 . (No. . . ............................. ,.Rank. ..Name
. . "..................................... ..) of the...... ............
.Battalion/Unit was convicted of.. . (offence to be briefly stated).
And whereas the said (a) ... . ... .. ... . . .Force Court on
theday of ....... . . . . .20 , passed sentence of death by being
shot on the said (Name) ... ... and the sentence of death has been confirmed by
the Central Government.
This is to require and authorise you to carry out the sentence of
.........death on ..
Given under my hand at.................. ................. this the ............. "
........................day of ............ . ...........20

Signature (b)
(a)
(b)

General.
Signature of the Director-General.

Page 100 of 110

APPENDIX XII
(See rule 167)
FORM 'A'
Warrant for use when the sentence of a person under sentence of death
and committed to custody in a civil prison is commuted to a sentence of
imprisonment for life.
To
The Superintendent of the (a). Prison.
Whereas (No........................................,........ Rank. ....... ...................Name........
................. .................. ,...... . ...........) (late) of the . . . ................ ...................
unit is held in the (a) ...... ......... .........................Prison under a warrant issued by
(b).. -. .. .. .. .. . .. . . . ... in pursuance of a sentence of death passed upon him by
(c)...Force
Court
held
at.on.
and
whereas
(d)has in exercise of the
powers conferred upon him by the Sashastra Seema Bal Act passed the
following order regarding the aforesaid sentence: .
That is to say (e).................
This is require, and authorise you to keep the said (Name).. .
.................................................................................................in your
custody together with this warrant in the said prison as by law is required until he
shall be delivered over by you with he said warrant to the proper authority and
custody for the purpose of his undergoing the punishment of imprisonment for life
under the said order. And this is further to require and authorise you to return to
me the original warrant of commitment in lieu whereof this warrant is issued. This
period of such imprisonment for life will reckon from the
(f)
Given under my hand at .this the..day of 20.
Signature (g)
(a)
(b)
(c)
(d)
(e)
(f)
(g)

Enter name of civil prison.

Enter name or designation of the officer who signed original
warrant.
General
Name and designation of authority commuting the sentence.
Order to be set out in full.
Enter date on which original sentence was signed.
Signature of Commanding Officer.

Page 101 of 110

FORM 'B'
Warrant for use when the sentence of a person under sentence of death
and committed to custody in a civil prison is commuted to a sentence of
imprisonment to be served in the same prison.
To
The Superintendent of the (a)Prison
Whereas (No. ...............,..Rank Name ....)
(late) of the,... Unit..is held in
the (a) Prison under a warrant issued by (b)..
in pursuance of a sentence of death passed upon him by a
(e).. Force Court held at.............................on
...................................... .and whereas (d).has
in exercise of the Powers conferred upon him by the Sashastra Seema Bal Act,
passed the following: order regarding the aforesaid sentence that is to say:
(e)..
This is to require and authorise you to keep the said
(Name in your custody together ,with this warrant,
and there to carry into execution the punishment of imprisonment under the said
order according to law.
And this is further to require and authorise you to return to me the original
warrant of conunitl11ent in lieu whereof this warrant is issued. This period of
such imprisonment will reckon from the (f)............................................................
Given
under
my
hand
atthis
the..day of ...........................20..
Signature (g)
(a)
(b)
(c)
(d)
(e)
(f)
(g)

Enter name of civil prison.

Enter name or designation of officer who signed original warrant.
General.
Name and designation of authority commuting the sentence.
Order to be set out in full.
Enter date on which original sentence signed.
Signature of Commanding officer.

Page 102 of 110

FORM 'C'
Warrant for use when a person, who after having been sentenced to death
has been committed to custody in a civil prison is to be delivered into the
Force custody for a purpose other than carrying out the sentence of death.
To
The Superintendent of the (a).............................................. .Prison.
Whereas
(No........................................Rank..........................
.Name
......................... (late) of the .................................. .Unit is held in the
(a)............................. .prison under a warrant issued by (b). .. .. .. .. .. .. .. .. .. .. ..
.. .. .. .. .. .. .. . in pursuance of a sentence of death passed upon him by a (c). .. ..
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . Force Court held at
..................................................................................................................... on. .. ..
.. .. .. . and whereas (d). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. has in
exercise of the powers conferred upon him by the Sashastra Seema Bal Act
passed the following order regarding the aforesaid sentence; that is to say
(e).......
This is to require and authorise you to forth with deliver the said
(nameto the officer/subordinate officer or under
officer bringing this warrant.
Given under my hand at ................................... .this the ......................day of
..........20
Signature (f)
(a)
(b)
(c)
(d)
(e)
(f)

Enter name of civil prison.

Enter name or designation of officer who signed original warrant.
General,
Name and designation of authority issuing order.
Order to be set out in full.
Signature of Commanding officer.

Page 103 of 110

FORM 'D'
Warrant for use when a prisoner is pardoned or his trial set aside, or when
the whole sentence or the unexpired portion thereof is remitted (Section
139).
To
The Superintendent of the(a) .............................................. Prison.
Whereas
(No.......................................Rank...................
.Name
................................. ) of the..................................................... Unit is confined in
the (a)...................................... Prison under a warrant issued by (b). .. .. .. .. .. .. ..
.. .. .. .. .. .. .. .. .. .. .. .. . in pursuance of a sentence of (c)..........passed upon him
by a (d). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . Force Court held at. .. .. .. .. .. .. .. .. ..
.. .. .. . on. ............................................
and whereas (e) ..................................has, in exercise of the powers conferred
upon him by the Sashastra Seema Bal Act, passed the following order regarding
the
aforesaid
sentence;
this
is
to
say
(f).
This is to require and authorise you to forthwith discharge the said
(Name)........................................ from your custody unless he is liable to be
detained for some other cause, and for your so discharging his this shall be your
sufficient warrant.
Given under my hand at .............this the................day of ..........20
Signature (g),
(a)
(b)
(c)

(d)
(e)
(f)
(g)

Enter name of civil prison.

Enter name or designation of officer who signed original warrant.
Enter original sentence (if this was reduced by the confirming
officer or other superior authority the sentence should be entered
thus: 2 years rigorous imprisonment reduced by confirming officer
to 1 year.
General, Petty and (or) Summary.
Name and designation of authority pardoning prisoner, mitigating
sentence or setting aside trial.
Order to be set out in full.
Signature of prescribed officer.

Page 104 of 110

APPENDIX XIII
[See rule 176(2)(a) (ii)]
REPORT ON UNNATURAL DEATH
1.
2.
3.
4.
5.

Place of death, or the place where dead body was found (give details).
Date and time at which information of death was received.
Name and description of two or more persons who identify the dead body.
Name and particulars of the deceased and his status.
Condition of clothes worn by the deceased.

Note.- In case, examination by Doctor is awaited, above details should be

collected without removing the clothes etc. of the ceased, the other details should
be completed after the Doctor's examination.
6.
7.
8.

Condition of limbs, eyes and mouth.

Expression of face.
Marks of struggle on the dead body, if any, injuries and abrasions, should
be recorded showing their size and location.

Note.-Depth of injury should be recorded but injuries should not be touched. If

examination by Doctor is awaited the above information should be recorded after
his examination.
9.

10.

Whether blood is fluid or coagulated. The place from which it came out
and its quantity.

By which means, weapon or instrument, the injury or marks of struggle

appear to have been caused?
11.
Was any rope tied around the neck or is there any mark of it being tied by
anything ?
12.
Was the rope or any other thing used to strangle or hand dead body, was
it strong enough to sustain the weight and whether its other end was tied
to anything?
13.
Was any external article like grass etc. sticking to hairs or held in his hand
or sticking to any other part of the body?
14.
Is the dead body that of a strong and well-built man or it is that of a weak
or old man?
15.
Is the dead body strong or weak or is it in decomposed state?
16.
Length of the dead body from head to feet.
17.
Identification marks and location and appearance of the wounds.
18.
Apparent cause of death.
19.
Is there any rumour or other circumstances showing that it is a case of
suicide? Details of articles found on the dead body or lying near it
20.
Those found on the dead body (A slip will be fixed on each article which
will be stamped).

Page 105 of 110

21.
22.

Those found lying near the dead body (a slip duly

affixed on each article). Description of the seal
Map of the place where the dead body was found.

stamped

will

be

Brief history of the case

Signature of two or more respectable witnesses of the locality in whose presence
investigation was carried out
place ...........................
Date.
Name ..

Signature of the Officer Investigating the case

Rank....................

Page 106 of 110

APPENDIX XIV
[See rules 47 and 48]
FORM I
FORM FOR USE AT SUMMARY TRIALS OF OFFICERS AND SUBORDINATE
OFFICERS (Section 58)
Accused
Rank and Name..
Unit. .
When the authority dealing summarily with the case decides (with the written
consent of the accused) to dispense with the attendance of witness :
Question to accuse
1. Have you received a copy of the charge sheet. and recorded or abstract of
evidence
Answer
2. Have you had sufficient time to prepare your defence ?

Answer

3. The charge sheet is read.

Are you guilty or not guilty of the charges
against you which you have heard/read
4. Do you wish to make a statement'?

Answer
Answer

If the accused desires to make a statement he should do so now. If at the

conclusion of the hearing the authority dealing summarily with the case considers
that the charge should not be dismissed, he is to examine the accused's record
of service or conduct sheet
If the authority dealing summarily with the case proposes to award a
punishment other than a reprimand /severe reprimand or penal deductions, he
shall put the following question to the accused.
5. Do you elect to be tried by Court or will you accept my award?
Finding
Award
Station.
Date.
.
Note.-Oral statement of the accused made in answer to question 4 will not be
recorded. If the accused has submitted a written statement such statement is
only to be forwarded with or attached to this form when a copy of the Record or

Page 107 of 110

Abstract of Evidence is also required to be so forwarded or attached. This form
will be kept with Confidential Character Roll of the Officer/Subordinate Officer.

Signature of Investigating Officer

Signature of Charged Officer

FORM Il
FORM FOR USE AT SUMMARY TRIALS OF OFFICERS AND SUBORDINATE
OFFICERS (Section 58)
Accused
Rank and Name.
Unit
When the authority dealing summarily with the case do not decide to dispense
with the attendance of witnesses or when the accused requires their attendance.
Question to Accused
1. Have you received a copy of the chargesheet and the record Or abstract
of evidence ?
2. Have you had sufficient time to prepare your defence?

Answer
Answer

3. Are you guilty or not guilty of the charge/s against you which you have
heard/read?
Answer
The witness give their evidence, accused being permitted to cross-examine.
4. Do you wish to make a statement?

Answer

5. Do you desire to call any witness?

Answer

The accused makes a statement and his witnesses give evidence.

If at the conclusion of the hearing, the authority dealing summarily with the case
considers that the charge should not be dismissed, he is to examine the
accused's record of service or conduct sheet.
If the authority dealing summarily with the case proposes to award a punishment
other than a reprimand, severe reprimand or penal deductions, he shall put the
following question to the accused.
6. Do you elect to be tried by Court or will you accept my award?

Answer

FINDING .................................................................................................................
AWARD
STATION.................................................................................................................
DATE.......................................................................................................................

Page 108 of 110

NOTE: Oral statement of the accused made in answer to question will not be
recorded. If the accused has submitted a written statement such statement is
only to be forwarded with or attached to this form when a, copy of the Record or
Abstract of Evidence is also required to be forwarded or attached. This form will
be kept with Confidential Character Roll of the Officer/Subordinate Officer.

Signature of Investigating Officer

Signature of Charged Officer

Page 109 of 110

APPENDIX-XV
[See rules 51(7), 67 and 175(7)]
FORMS OF SUMMONS TO WITNESSES
(a)

In the case of Record of Evidence.

Whereas charge of having committed an offence triable by Force Court

has been preferred before me against (No............ .. .. .. .. .. .. .. .. .. .. .. . Rank. ..
.. .. .. .. .. .. .. .. .. .. .. .. . Name. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ., .. .. .. .. .. .. .. .... ..
.Unit. .,.. .,.. .. .. .. .,.. .. .. .. .. .. .. .. .. . ) and whereas I have directed a record of
the evidence to he taken in writing at(place) on the ,day of, .. .. .. .. .. .. .. .. .. .. ..
.20. .. .. .. . at. .. .. .. .. .. .. .. .. .. .. .. .. . hours.
I do hereby summon and require you (name) to attend as a witness at the
said place and hour (and bring with you the documents hereinafter mentioned,
namely. .. .. .. .. .. .. .. .. .. .. .. .. .. )
Whereof you fail at your peril.
Given under my hand at..................... .on the ................... .day of...,
............20..............
Signature
Commanding Officer of the accused
-----------------------------------------------------------------------------------------------------------(b) In the case of Force Court
Whereas a Force Court has been ordered to assemble
at..................................... on the day of.... .... .. .. .. .20 .. .. .. .. .. .. .. .. .. . for the
trial of ....................................................... , . .. .. .. .. .. .. of
the....................'........................................Unit. I do hereby summon and require
you A, ........... .... B.......................................................................... ,..to attend, as
a witness before the said Court at... .. .. .. .. .. .. . on the. .. .. .. .. .. .. ..
.. .. .. .. .. .. .. .. .. . day of......................... ..20...... at hours (and to bring with you
the documents hereafter mentioned, namely.. ..) and so to attend
from day to day until you shall be duly discharged, whereof you shall fail at your
peril.
Given under my hand at............,on the .................. .day of ...............
.20................
Signature
Convening Officer (or Judge Attorney
or presiding officer of the Court
or Commanding Officer of the accused)

Page 110 of 110

(c) In the case of a Court of Inquiry
Whereas a Court of Inquiry has been ordered to assemble at. .. .. .. .. .. .. .. .. .. ..
.. .. . on the day of 20. .. .. .. .. .. .. . to inquire into the circumstances under which
.................................................................................................................................
....................................I
do
hereby
summon
and
require
you
A................................ B. .to attend as a
witness before the said Court Of Inquiry at...on the
day of.20 at .hours (and to
bring with you the documents here after mentioned, namely .. .. .. .. . . .. .. .. .. .)
and so to attend from day to day until you shall be duly discharged, whereof you
shall fail at your peril.
Given under my hand at.........................on the ....................... .day
of.................. .20.......... ........
(Signature)
presiding officer or
Commanding Officer of the Unit

F. No
Name ..
Designation .