(1) An abstract of evidence shall be prepared either by 2[the officer ordering it] or an officer detailed by him.
1 [48 A. If a person subject to the Act absconds or deserts the force after commission of offences under Sections 14, 15, 17, 18 and offence of ‘murder’ punishable under Section 46 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, 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.
(2) (a) The abstract of evidence, shall include;
(i) signed statements of witnesses wherever available or a precis thereof,
(ii) copies of all documents intended to be produced at the trial.
(b) Where signed statements of any witnesses are not available a precis of their evidence shall be included.
(3) A copy of the abstract of evidence shall be given by the officer making the same 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 48:
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.
1. Ins by SO 55 (E) dated 1st Feb 1999.
2. subs by SO 436(E) dated 1990.
BSF RULES 102