3[(1) The charge shall be heard by the Commandant of the accused in the following manner :-
(i) The charge and statements of witnesses, if recorded, shall be read over to the accused.
(ii) If written statements of witnesses are not available, or where the Commandant considers it necessary to call any witness, he shall hear as many witnesses as he may consider essential to enable him to determine the issue.
(iii) Wherever witnesses are called by the Commandant, the accused shall be given opportunity to cross-examine them.
(iv) Thereafter, the accused shall be given an opportunity to make a statement in his defence .]
(2) After hearing the charge under sub-rule (1), the Commandant may:-
(i) award any of the punishments which he is empowered to award; or
1. Ins. by S.O. 436(E) dated 29.5.1990 2.
Subs. by ibid.
3. Subs by SO 2628(E) dated 25th Nov 2011 BSF RULES 96 (ii) dismiss the charge; or
(iii) remand the accused, for preparing a record of evidence or for preparation of an abstract of evidence against him; or
(iv) remand him for trial by a Summary Security Force Court:
Provided that, in cases where the Commandant awards more than 7 days imprisonment or detention he shall record the substance of evidence and the defence of the accused:
Provided further that he 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:
Provided also that, in case of all offences punishable with death a record of evidence shall be taken.
1[Provided further that in case of offences under Sections 14, 15, 17, 18 and offence of ‘murder’ punishable under Section 46 of the Act, if the accused has absconded or deserted, the Commandant shall hear the charge in his absence and remand the case for preparation of the record of evidence.]
2 [45 A. Hearing of charge by an officer specified under Section 53 of the Act.- (1) A specified officer may proceed against an enrolled person if,-
(a) the charge can be summarily dealt with; or
(b) the case has not been reserved by the Commandant for disposal by himself; or
(c) the accused is not under arrest.
(2) After hearing the charge under sub-rule (1) of the Rule 45 the specified officer may,-
1. Ins. by SO,55(E) dated 01 Feb. 1999.
2. Ins. by SO, 436(E) dated 29th May 1990.
BSF RULES 97
(i) award any of the punishment which he is empowered to award, or
(ii) dismiss the charge, or
(iii) refer the case to Commandant.
1 [45 B. Hearing of charge against an officer and a subordinate officer.- (1) (a) The charge against an officer or a subordinate officer shall be heard by his Commandant:
Provided that charge against a commandant, a Deputy Inspector-General or an Inspector-General may be heard either by an officer commanding a Unit or Headquarters to which the accused may be posted or attached or by his Deputy Inspector- General, or his Inspector-General, as the case may be, the Director- General.
2[(b) The charge sheet and statements of witnesses, if recorded and relevant documents, if any, shall be read over to the accused:]
Provided that where written statements of witnesses are not available, or where the officer hearing the charge considers it necessary, he shall hear as many witnesses as he may consider essential to enable him to know about the case.
(c) Wherever witnesses are called by the officer hearing the charge, the accused shall be given an opportunity to cross-examine them.
(d) Thereafter, the accused shall be given an opportunity to make a statement in his defence.]
(2) After hearing the charge under sub-rule (1), the officer who heard the charge may :-
(i) dismiss the charge; or
1. Subs by SO, 436(E) dated 29th May 1990.
1 [Provided that he 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 where a charge against an officer is dismissed on any such ground, he shall record reasons for dismissing the same:
Provided further that where a case in respect of an officer has been referred to for initiation of disciplinary action by a
2. Subs. by SO, 2628(E) dated 25th Nov 2011.
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(ii) remand the accused, for preparation of a record of evidence or preparation of abstract of evidence against the accused:
superior authority, the officer hearing the charge shall not dismiss the same without reference to such authority:
Provided also that in case of all offences punishable with death, a record of evidence shall be prepared:]
2[Provided also that in case of offence under Section 14, 15, 17, 18 and offence of ‘murder’ punishable under Section 46 of the Act, if the accused has absconded or deserted, the Commandant shall hear the charge in his absence and remand the case for preparation of record of evidence.]