352

Hindi

 

<<Previous                                                             Next>>

 

THE ARMY RULES, 1954 WITH NOTES

 

(5) 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.

 

[(5A)  Any witness may be summoned to attend by order under the hand of the officer assembling the Court. The summons shall be in the Form provided in Appendix III.]1

 

(6) The whole of the proceedings of a court of inquiry shall be forwarded by the presiding officer to the officer who assembled the court.

 

NOTES

 

1. As to the authorities who can remit the forfeiture of pay and allowances incurred by absence as a prisoner of war, see AR 195(c). If the officer who assembles the court is not one of these authorities, he should forward the proceedings with his recommendation, to one of these authorities. A court of inquiry on a prisoner of war who is still absent may be assembled in order to assist the authorities prescribed in AR 195(c) and 196, in determining what remission of forfeiture of pay and allowances shall be ordered and what provision in terms of AA.ss.98 and 99 shall be made for the dependants of such prisoner of war. A second court of inquiry must be assembled as soon as possible after the return of the prisoner of war.   See Regs Army para.522.

 

2.  For form of oath and affirmation see AR 140.

 

180. Procedure when character of a person subject to the Act is involved.— Save in the case of a prisoner of war who is still absent whenever any inquiry affects the character or military reputation of a person subject to the Act, full opportunity must be afforded to such person of being present throughout the inquiry and of making any statement, and of giving any evidence he may wish to make or give, and of cross-examining any witness whose evidence, in his opinion, affects his character or military reputation and producing any witnesses in defence of his character or military reputation. The presiding officer of the court shall take such steps as may be necessary to ensure that any such person so affected and not previously notified receives notice of and fully understands his rights, under this rule.

 

NOTE

 

Whenever it appears possible that the character or military reputation of a person subject to AA may be affected as the result of the court of inquiry, the authority who assembles the court of inquiry will take all necessary steps to secure that the provisions of this rule are observed. The ultimate responsibility of ensuring that they are observed in every case will, however, rest upon the presiding officer of the court of inquiry, and should it transpire during the sitting of the court that the character or military reputation of any person subject, to AA is affected by the evidence put forward, the presiding officer, will immediately arrange for such person to be afforded the full facilities of the rule, adjourning the court if necessary for the purpose of securing his, attendance.

 

181.  Evidence when to be taken on oath or affirmation.—Evidence shall be recorded on oath or affirmation when a court of inquiry is assembled-—

 

(a)  on a prisoner of war, or

 

(b) to inquire into illegal absence under section 106, or

 

(c) in any other case when so directed by officer assembling the court.

 

Explanation.—The court shall administer the oath or affirmation to witnesses as if the court were a court-martial.

 

182. Proceeding of court of inquiry not admissible in evidence.—The proceedings of a court of inquiry, or any confession, statement, or. answer to a question, made or given at a court of inquiry, shall not be admissible in evidence against a person subject to the Act, nor shall any evidence respecting the proceedings of the court be given against any such person except upon the trial of such person for willfully giving false evidence before that court;

 

[Provided that nothing in this rule shall prevent the proceeding from being used by the prosecution or the defence for the purpose of cross -examining any witness.]2

NOTE

 

   See AA.s.60 and notes thereto.


1Inserted Vide SRO 17(E) dated 6-12-1993

2Subsstituted Vide SRO 17(E) dated 6-12-1993

 

<<Previous                                                                                 Next>>