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Section 57: Amendment of the charge by the Security Force Court

Border Security Force Rule, 1969Central Rules · 1968

(1) At any time during a trial, if it appears to the court that there is in the charge sheet;

(a) a mistake in the name or description of the accused, or

(b) 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 Law Officer, it appears to the Court, before it closes to deliberate on its findings, that it is desirable in the interests of justice to make any addition to, omission from or alteration in, a charge which cannot be made under sub-rule (1) of this rule it may, if such addition, omission, or alteration can be made without unfairness to the accused, and with the concurrence of the Law Officer, so amend the charge.

(3) If at any time during a trial, at which there is no Law Officer, it appears to the Court, before it closes to deliberate on its finding, that in the interests 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) of this rule, it may adjourn and report its opinion to the convening officer, who may :-

(a) amend the charge if permissible under Rule 58 and direct the Court to try it as amended after due notice of the amendment has been given to the accused; or

(b) direct the Court to proceed with the trial of the charge without amending it; or

(c) convene a fresh Court to try the accused.

Where this provision sits

ActBorder Security Force Rule, 1969
Section57
Marginal noteAmendment of the charge by the Security Force Court
JurisdictionCentral
StatusIn force as published by the source

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