(1) 2[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.
3[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. 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.]
(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
1. Ins by SO 2628(E) dated 25th Nov 2011 2.
Subs by SO 436(E) dated 29th May 1990.
3. Ins by ibid.
BSF RULES 100 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.
(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) Witnesses shall sign their statements after the same have been read over and explained to them.
1 [(6A) The provisions of section 89 of the Act shall apply for procuring the attendance of the witnesses before the officer preparing the Record of Evidence.]
(7) Where a witness cannot be compelled to attend or is not available or his attendance cannot be procured without an undue expenditure of time or 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.
(8) After the recording of evidence is completed the officer recording the evidence shall give a certificate in following form :- “Certified that the record of evidence ordered by... ..Commandant...
.....................................................was 1 Ins by SO 329(E) dated 29thApril1981.
BSF RULES 101 made in the presence and hearing of the accused and the provisions of rule 48 have been complied with”.